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Lolita S. Concepcion vs. Minex Import Corporation/Minerama Corporation, et al.

LOLITA S. CONCEPCION, Petitioner, vs. MINEX IMPORT CORPORATION/MINERAMA CORPORATION, KENNETH MEYERS, SYLVIA P. MARIANO, and VINA MARIANO, Respondents

G.R. No. 153569 | 2012-01-24

D E C I S I O N

BERSAMIN, J.:

The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer. Neither a criminal prosecution nor a conviction beyond reasonable doubt for the crime is a requisite for the validity of the dismissal. Nonetheless, the dismissal for a just or lawful cause must still be made upon compliance with the requirements of due process under the Labor Code; otherwise, the employer is liable to pay nominal damages as indemnity to the dismissed employee.
 
Antecedents

Respondent Minex Import-Export Corporation (Minex) engaged in the...