DISMISSAL-CRIMINAL CASE LACORTE V INCIONG (ESTRELLA, ASEAN FABRICATORS INC) 166 SCRA 1 FERNAN; September 27, 1988 NAT

RE Cert!"r#r! #$% &#$%#m'( FACTS : - Salvador Lacorte was hired as a warehouseman whose duties were among others, to receive and store the raw and junk materials used by respondent in its business. - January 19, 19 ! Lacorte o""ered to purchase some obsolete, de"ective and non-usable junk materials "rom #$%, who agreed and issued a cash invoice "or the purchase o" the scrap items. - &hen Lacorte tried to bring out these items he was accosted by #$%' s security guard and in the course o" the investigation, it was discovered that the items sought to be brought out by complainant weighed more than what he actually purchased. $urthermore, it was "ound out that the items were not junk since some parts were brand new and usable. - #s a conse(uence the respondent "iled a case "or (uali"ied the"t against complainant be"ore the )rovincial $iscal o" *ulacan. - +he criminal complaint was however, dismissed "or insu""iciency o" evidence. - +he application o" #$% to terminate L#,-.+/ was granted as the latter was "ound by Labor .egional 0irector /strella, to have committed certain acts in breach o" the trust and con"idence o" his employer. - -n appeal, 0eputy 1inister o" Labor #mado 2at %nciong a""irmed the a"orementioned order. 3ence, this present recourse.

ISSUE: &-4 public respondents acted arbitrarily and5or with grave abuse o" discretion 6considering that the criminal complaint was dismissed7 connection with the grant o" the application "or clearance to terminate the employment o" petitioner "iled by #$%. HELD: 8/S. - +he purpose o" the proceedings be"ore the "iscal is to determine i" there is su""icient evidence to warrant the prosecution and conviction o" the accused. %n assessing the evidence be"ore him, the "iscal considers

the basic rule that to success"ully convict the accused the evidence must be beyond reasonable doubt and not merely substantial. - -n the other hand, to support "indings and conclusion o" administrative bodies only substantial evidence is re(uired. - +he evidence presented be"ore the two bodies may not be necessarily %dentical. - +he appreciation o" the "acts and evidence presented is an e9ercise o" discretion on the part o" administrative o""icials over which one cannot impose his conclusion on the other. - Sea-Land Service, %nc. v. 4L.,! :+he conviction o" an employee in a criminal case is not indispensable to warrant his dismissal, and the "act that a criminal complaint against the employee has been dropped by the "iscal is not binding and conclusive upon a labor tribunal. - #lso, the ,ourt did not believe Lacorte;s claim that the real reason behind his termination was his union activities. - #s regards Lacorte;s claim that there was no actual weighing and e9amination o" the bo9es containing the scrap materials he allegedly stole, the ,ourt ruled that it was too late in the day "or Lacorte to raise these matters o" "acts in this petition and that his evidence does not substantiate his claim. - +he ,ourt considered the records o" this case as a whole, and was convinced that there is substantial basis "or the -rders issued by respondent labor o""icials. )!(p"(!t!"$*et!t!"$ !( %!(m!((e% +"r ,#-. "+ mer!t/