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Saturday, September 18, 2004
Position of trust
By Dominador A. Almirante
Labor case digest
THE petitioner, Carmelita V. Santos, was the finance director of respondent San Miguel Corp. (SMC) of its beer division for Luzon operations.
On Sept. 6, 1989, SMC cash department issued a memorandum prohibiting the encashment of personal checks at its plants and sales offices.
On Jan. 10, 1991, SMC noticed that Santos encashed her three personal checks in various Metro Manila sales offices. She also encashed several other checks.
In a case for illegal dismissal Santos filed against SMC, she argued that her position was not one of trust but one that is merely functional and advisory in nature. Did this argument find merit?
Ruling: No.
Petitioner’s argument is misplaced. As finance director, she is in charge of the custody, handling, care and protection of respondent’s funds. The encashment of her personal checks and her private use of such funds, albeit for short periods of time, are contrary to the fiduciary nature of her duties.
Moreover, petitioner has functional control over all the plant and region finance officers, including cashiers, within the Luzon operations area. In fact, she is the highest ranking managerial employee for the finance section of the Luzon beer division operations. Obviously, her position is a factor in abetting the encashment of her personal checks. (Carmelita V. Santos vs. San Miguel Corp., G.R. 149416, March 14, 2003).
(September 18, 2004 issue)
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