10/08/2026
๐๐ผ๐ป๐๐ฟ๐ผ๐๐ฒ๐ฟ๐๐ถ๐ฎ๐น ๐๐ฎ๐ฐ๐ฒ๐ฏ๐ผ๐ผ๐ธ ๐ฃ๐ผ๐๐๐ ๐๐ผ ๐ก๐ผ๐ ๐๐๐๐ผ๐บ๐ฎ๐๐ถ๐ฐ๐ฎ๐น๐น๐ ๐๐๐๐๐ถ๐ณ๐ ๐๐ถ๐๐บ๐ถ๐๐๐ฎ๐น ๐ผ๐ณ ๐ฎ๐ป ๐๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฒ
In the case of ๐๐ฃ๐ฉ๐๐ง๐๐๐๐ฃ๐ฉ ๐๐๐๐ฃ๐ฉ๐๐๐๐ฃ๐๐ ๐๐๐๐ก๐๐ฅ๐ฅ๐๐ฃ๐๐จ, ๐๐ฃ๐ ๐ซ. ๐๐๐ข๐๐๐ก๐ก๐ค (โ๐๐ฃ๐ฉ๐๐ง๐๐๐๐ฃ๐ฉโ), Simbillo worked at Interadent as a rank-and-file employee until she became Interadentโs Treasurer. In 2010, the company sought implementation of security measures because of an alleged leakage of security information. Later on, Interadent requested Simbilon to submit a written explanation and attend an administrative hearing regarding her Facebook post โreferring to company concerns with the Bureau of Internal Revenue (BIR) and insulting statements against a co-worker.โ
โSana maisip din nila na ang kompanya kailangan ng mga taong di tulad nila, nagtatrabaho at di puro #$,*% ang pinaggagawa, na kapag super demotivated na yung tao nayun baka iwan narin nya ang kawawang kumpanya na pinagpepyestahan ng mga b_i_r. Wala na ngang credibility wala pang conscience, portraying so respectable and so religious pa. Hay naku talaga, nakakasuka, puro nalang animus lucrandi ang laman ng isip.โ
Eventually, she was preventively suspended for seven days for not observing the highest degree of confidentiality.
Simbillo asserted that her dismissal was without just cause or compliance with procedural due process since the alleged loss of trust and confidence was based on self-serving allegations.
The Supreme Court (SC) found that Simbilloโs dismissal was unjustified. The existence of a basis for believing that Simbillo has breached the trust of petitioners justifies her dismissal. However, to be a valid ground, loss of trust and confidence must be based on ๐๐ถ๐น๐น๐ณ๐๐น ๐ฏ๐ฟ๐ฒ๐ฎ๐ฐ๐ต ๐ผ๐ณ ๐๐ฟ๐๐๐, ๐๐ต๐ฎ๐ ๐ถ๐ ๐ฑ๐ผ๐ป๐ฒ ๐ถ๐ป๐๐ฒ๐ป๐๐ถ๐ผ๐ป๐ฎ๐น๐น๐, ๐ธ๐ป๐ผ๐๐ถ๐ป๐ด๐น๐, ๐ฎ๐ป๐ฑ ๐ฝ๐๐ฟ๐ฝ๐ผ๐๐ฒ๐น๐, ๐๐ถ๐๐ต๐ผ๐๐ ๐ท๐๐๐๐ถ๐ณ๐ถ๐ฎ๐ฏ๐น๐ฒ ๐ฒ๐
๐ฐ๐๐๐ฒ, ๐ฎ๐ ๐ฑ๐ถ๐๐๐ถ๐ป๐ด๐๐ถ๐๐ต๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐ฎ๐ป ๐ฎ๐ฐ๐ ๐ฑ๐ผ๐ป๐ฒ ๐ฐ๐ฎ๐ฟ๐ฒ๐น๐ฒ๐๐๐น๐, ๐๐ต๐ผ๐๐ด๐ต๐๐น๐ฒ๐๐๐น๐, ๐ต๐ฒ๐ฒ๐ฑ๐น๐ฒ๐๐๐น๐, ๐ผ๐ฟ ๐ถ๐ป๐ฎ๐ฑ๐๐ฒ๐ฟ๐๐ฒ๐ป๐๐น๐. In this case, the Facebook entry did not contain any corporate record or any confidential information. There was no actual leakage of information nor did it mention any specific name of the company. If at all, Simbillo can only be said to have acted โcarelessly, thoughtlessly, heedlessly, or inadvertentlyโ not amounting to loss of trust and confidence as to justify termination of her employment.
This case demonstrates that dismissal for loss of trust and confidence cannot rest on speculation or the employerโs subjective impression. The alleged breach must be willful and supported by clearly established facts, not mere carelessness, suspicion, or embarrassment.
