SECOND DIVISION
[G.R. No. 243487. June 3, 2019.]
AURORA MARIE D. ALBERBA, petitioner, vs.BANK OF THE PHILIPPINE ISLANDS, MA. CORAZON REMO, AND PATRICIO RAGOUSIS ESPOS, respondents.
NOTICE
Sirs/Mesd ames :
Please take notice that the Court, Second Division, issued a Resolution dated03 June 2019which reads as follows:
"G.R. No. 243487 (Aurora Marie D. Alberba v. Bank of the Philippine Islands, Ma. Corazon Remo, and Patricio Ragousis Espos)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the September 28, 2018 Decision 2 and the December 10, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 153296 for failure of petitioner Aurora Marie D. Alberba (petitioner) to sufficiently show that the CA committed any reversible error in holding that respondent Bank of the Philippine Islands (BPI) validly terminated her employment for just cause.
As correctly ruled by the CA, petitioner's acts of setting aside a client's money, denying that she has any overage, and only deciding to return the money when the client was about to discover her infraction are sufficient bases for BPI to lose the trust and confidence reposed upon her. 4 It is settled that "[t]he willful breach by the employee of the trust reposed in him by his employer or the latter's duly authorized representative is a just cause for dismissal. However, the validity of a dismissal based on this ground is premised upon the concurrence of these conditions: (1) the employee concerned must be holding a position of trust and confidence; and (2) there must be a willful act that would justify the loss of trust and confidence," 5 both of which were shown to exist in this case.
SO ORDERED. (CAGUIOA, J., on official leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-43.
2.Id. at 46-57. Penned by Associate Justice Priscilla J. Baltazar-Padilla with Associate Justices Victoria Isabel A. Paredes and Marie Christine Arcarraga-Jacob, concurring.
3.Id. at 60-61.
4. See id. at 53-55.
5. See Digital Telecommunications Phils., Inc. v. Ayapana, G.R. No. 195614, January 10, 2018, citing Martinez v. Central Pangasinan Electric Cooperative, Inc., 714 Phil. 70, 75 (2013).