DOLORES T. ESGUERRA vs.

VALLE VERDE C
OUNTRY CLUB, INC. G.R. No. 173012, 13 June
2012
FACTS:

Valle Verde hired Esguerra as Head Food Checker and was promoted to Cost Control Supervisor. The Management foun
d out that proceeds had been remitted to the accounting department for an event were lacking. There were also unauth
orized charges of food on one of the participants. To resolve the issue, Valle Verde conducted an investigation; the empl
oyees who were assigned in that event were summoned and made to explain, in writing, what had transpired. A memor
andum was sent to Esguerra requiring her to show cause as to why no disciplinary action should be taken against her for
the non-
remittance of the Ballroom’s sales. Esguerra was placed under preventive suspension with pay, pending investigation. U
nsatisfied with the explanation, Esguerra was terminated.

Petitioner said that she couldn’t be dismissed on the ground of loss of trust and confidence for she was only a regular e
mployee and did not occupy a supervisory position vested with trust and confidence. Esguerra also questions the manne
r of dismissal since the notice was insufficient since it failed to contain any intention to terminate her.

ISSUE:

 Whether or not intention to terminate should be included in the notice of informing of charges against an emplo
yee.

 Whether or not Cost Control Supervisor can be dismissed on the ground of loss of trust and confidence.

HELD:

1.) No. The law does not require that an intention to terminate one’s employment should be included in the first notice.
It is enough that employees are properly apprised of the charges brought against them so they can properly prepare thei
r defenses; it is only during the second notice that the intention to terminate one’s employment should be explicitly stat
ed.

The existence of an actual, formal “trial-

type” hearing, although preferred, is not absolutely necessary to satisfy the employee’s right to be heard. Esguerra was
able to present her defenses; and only upon proper consideration of it did Valle Verde send the second memorandum te
rminating her employment. Since Valle Verde complied with the two-
notice requirement, no procedural defect exists in Esguerra’s termination.

2.) Esguerra held the position of Cost Control Supervisor and had the duty to remit to the accounting department the ca
sh sales proceeds from every transaction she was assigned to. This is not a routine task that a regular employee may per
form; it is related to the handling of business expenditures or finances. For this reason, Esguerra occupies a position of tr
ust and confidence –
a position enumerated in the second class of positions of trust(first is for the managerial employees). Any breach of the
trust imposed upon her can be a valid cause for dismissal.