Justifiable dismissal

Dear Atty. Kathy,

My father is being accused of theft by his Company. The Company filed a criminal case against my father, and also conducted an internal administrative investigation. The court dismissed the criminal case against my father, but, the Company still terminated my father’s employment for the same charge of theft. Shouldn’t the Company’s administrative case be also dismissed since the criminal case was dismissed?

Amari

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Dear Amari,

In labor cases, the degree of proof required to justify dismissal is merely substantial evidence. Therefore, as ruled by the Supreme Court, an employee’s acquittal in a criminal case does not automatically prevent a determination that the employee has been guilty of acts in violation of an employer’s rules. Stated another way, an acquittal in a criminal case will not necessarily exonerate an employee from liability established in an administrative investigation since labor cases require a lower degree of proof than criminal case.

In this connection, it is important to note that the ground for the dismissal of an employee does not require proof beyond reasonable doubt, since the quantum of proof required is merely substantial evidence, as stated above. Such distinction in the degree of proof is not meant to diminish the value of employment, but only acknowledges that the loss of employment entails a consequence lesser than the loss of personal liberty, and may call far a lower degree of proof.

The Supreme Court has explained the reason for this distinction. According to the Supreme Court, it would be unfair to require that an employer wait until a criminal conviction establishes the employee’s guilt with moral certainty before taking action. Once there is already sufficient evidence of misconduct, insisting on such level of certainty could leave the employer exposed to irreparable losses by the time a conviction is secured.

Thus, the administrative case of your father will not be automatically dismissed even with the dismissal of the criminal case.

(Peter Angelo N. Lagamayo vs Cullinan Group Inc. et al., G.R. No. 227718, 11 November 2021)

Atty. Kathy Larios