GR 220903; (March, 2023) (Digest)
G.R. No. 220903 . March 29, 2023.
CITIBANK SAVINGS, INC., KEVIN LYNCH, FLORYPPEE V. ABRIGO, AND ELLIEBETH ENDAYA, PETITIONERS, VS. BRENDA L. ROGAN, RESPONDENT.
FACTS
Respondent Brenda L. Rogan was hired by petitioner Citibank Savings, Inc. (CSI) in 1995 and rose to become the Branch Cash/Operations Officer of its Legaspi Village branch. On March 18, 2008, she was suspended for three days for failing to conduct a cash count of an ATM and signing a false certification. On October 19, 2009, CSI investigated irregularities involving funds transfers and demand draft applications for several clients, facilitated by Branch Account Officer Yvette Axalan. The investigation found that Rogan, as CSO, processed these transactions without verifying client signatures against signature cards, contrary to bank policy, and allowed Axalan to transact on behalf of clients. Through a Show Cause Order dated November 3, 2009, CSI directed Rogan to explain her actions and placed her under preventive suspension. After submitting an explanation and attending a hearing, CSI issued a Notice of Resolution on January 11, 2010, finding Rogan guilty of violating multiple internal policies and terminating her employment. Rogan filed a complaint for illegal dismissal.
ISSUE
Whether Rogan was illegally dismissed.
RULING
No. Rogan was validly dismissed for gross negligence and breach of trust and confidence. The Court found that Rogan, as a bank officer entrusted with ensuring compliance with internal controls, failed to perform her ministerial duty of signature verification, which was a crucial step in preventing unauthorized transactions. Her actions constituted gross negligence, demonstrating a reckless disregard for bank policies designed to protect client funds and the bank’s integrity. Given her position of trust, this negligence also amounted to a breach of the confidence reposed in her by her employer. The Court held that the dismissal was for a just cause, and the procedural requirements of due process were substantially complied with through the show-cause memo, hearing, and termination notice.