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EMING-MILO MANPOWER
SERVICES INC.; AND
SAYED AL-HAMADAH
Respondents.
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POSITION PAPER
FOR THE RESPONDENTS
THE PARTIES
ARGUMENTS/DISCUSSION
XXX
(d) Commission of a crime or offense by the employee against the
person of his employer or any immediate member of his family or his
duly authorized representatives;
It has already been alleged and sufficiently shown through the
attached documents that Complainant Balolang stole a golden bracelet
from her Saudi employer, Mr. Al-Hamadah.
The photographs from Mr. Al-Hamadahs CCTV footage show that
Respondent Balolang committed theft.
Article 308 of the Revised Penal Code provides:
Art. 308. Who are liable for theft. Theft is committed by any person who,
with intent to gain but without violence against, or intimidation of persons
nor force upon things, shall take personal property of another without the
latters consent.
The elements of theft under Article 308 of the Revised Penal
Code are as follows: (1) that there be taking of personal property; (2)
that said property belongs to another; (3) that the taking be done with
intent to gain; (4) that the taking be done without the consent of the
owner; and (5) that the taking be accomplished without the use of
violence against or intimidation of persons or force upon things.
In Batangas Laguna Tayabas Bus Co. v. NLRC, the Court explained
further, as follows:
Fraud or willful breach of trust reposed upon an employee by his
employer is a recognized cause for termination of employment and it is not
necessary that the employer should await the employees final
conviction in the criminal case involving such fraud or breach of trust
before it can terminate the employees services. In fact, even the
dropping of the charges or an acquittal of the employee therefrom does not
preclude the dismissal of an employee for acts inimical to the interests of
the employer.
To our mind, the criminal charges initiated by the company
against private respondents and the finding after preliminary
investigation of their prima facie guilt of the offense charged
constitute substantial evidence sufficient to warrant a finding by the
Labor Tribunal of the existence of a just cause for their termination
based on loss of trust and confidence. The Labor Tribunal need not
have gone further as to require private respondents conviction of the crime
charged, or inferred innocence on their part from their release from
detention, which was mainly due to their posting of bail. (Emphasis
supplied)
POSITION PAPER
Re: Balolang vs. Eming-Milo Manpwer Services
Page 5 of 7
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PRAYER
VERIFICATION
I, GERALD MILO, Filipino and of legal age, hereby certify that:
Complainants Position Paper) and the contents thereof are true and
GERALD MILO
Copy Furnished: