Dongon v. Rapid Movers and Forwarders Co., Inc. (2013)

Dongon v. Rapid Movers and Forwarders Co., Inc., G.R. No. 163431, August 28, 2013, Bersamin, J.:

1. Background

• From the records, it appears that [the employer] [Rapid Movers and Forwarders Co., Inc.] is engaged in the hauling and trucking business while [the employee] Nathaniel T. Dongon is a former truck helper leadman.

• [The employee]’s area of assignment is the Tanduay Otis Warehouse where he has a job of facilitating the loading and unloading [of the] [employer]’s trucks. On 23 April 2001, [the employee] and his driver, Vicente Villaruz, were in the vicinity of Tanduay as they tried to get some goods to be distributed to their clients.

• Tanduay’s security guard called the attention of [the employee] as to the fact that Mr. Villaruz’[s] was not wearing an Identification Card (I.D. Card). [the employee], then, assured the guard that he will secure a special permission from the management to warrant the orderly release of goods.

• Instead of complying with his compromise, [the employee] lent his I.D. Card to Villaruz; and by reason of such misrepresentation , [the employee] and Mr. Villaruz got a clearance from Tanduay for the release of the goods. However, the security guard, who saw the misrepresentation committed by [the employee] and Mr. Villaruz, accosted them and reported the matter to the management of Tanduay.

• On 23 May 2001, after conducting an administrative investigation, [the employee] was dismissed from the [the employer] Company.

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