Commission of a Crime

1. Concept

“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” – refers to the commission of a crime or offense against the person of the employer, his/her immediate family member, or his/her duly authorized representatives.

Thus, not all crimes or offenses may be used/cited to support this just cause as it specifically and categorically states that the crime or offense must be against the person, which denotes bodily harm or injury.

2. Standards

DOLE D.O. 147-15 provides for the standards.

To be a valid ground for termination, the following must be present:

1) There must be an act or omission punishable/prohibited by law; and

2) The act or omission was committed by the employee against the person of employer, any immediate member of his/her family, or his/her duly authorized representative.

The following discusses each requirement.

a. Punishable act or omission

1st requisite: There must be an act or omission punishable/prohibited by law.

The Labor Code is clear when it expressly required that the act or omission should constitute a crime or offense. Technically, offenses refer to violations of the Revised Penal Code, while crimes are broader to include criminal violations of special laws. Whether a crime or offense, the key thing to remember is that such act or omission is punishable/prohibited by law.

b. Crime against the person...


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