The National Labor Relations Commission (NLRC) ruled that there was no basis to justify the alleged loss of trust and confidence of Keppel Monte Bank on Mr. Jerusalem, Head of the Marketing and Operations, and thus, the dismissal was illegal.
The Supreme Court in a 2011 decision affirms the decision of the Labor Arbiter and the NLRC that Keppel Monte Bank failed to discharge the burden of proving that Mr. Jerusalem’s dismissal is for a just cause, and declare that such dismissal based on the ground of loss of trust and confidence was illegal pursuant to the constitutional guarantee of security of tenure.
Mr. Jerusalem was employed by Keppel Monte Bank on May 25, 1998 as Assistant Vice-President. On June 1, 1998, he was assigned as Head of the newly created VISA Credit Card Department. The bank subsequently re-organized the VISA Credit Card Department and reduced it to a mere unit. On April 5, 1999, carrying the same rank, Mr. Jerusalem was reassigned as Head of the Marketing and Operations of the Jewelry Department.
In or about May 1999, Mr. Jerusalem received from Mr. Javier, Keppel Visa Card Holder since December 1998, a sealed envelope said to be containing VISA Card application forms. Mr. Javier immediately handed over the envelope with accomplished application forms to the VISA Credit Card Unit. All in all, the VISA credit card applications referred by Mr. Javier which Mr. Jerusalem forwarded to the VISA Credit Card Unit numbered 67, all of which were subsequently approved. As it turned out, all the accounts under these approved applications became past due.