6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly termination, such loss of trust and confidence must however have some basis. Proof beyond reasonable doubt is not required. It is sufficient that there must only be some basis for such loss of confidence or that there is reasonable ground to believe if not to entertain the moral conviction that the concerned is responsible for the misconduct and that the nature of his participation therein rendered him absolutely unworthy of trust and confidence demanded by his position.[2] To be a valid ground for dismissal, such loss of trust and confidence must be based on a wilful breach of trust.[3] In the instant case, the basis for the loss of trust and confidence is quite unclear as to warrant the penalty of dismissal. Petitioner understood that the amount of $300 was for herself. She was promised to be paid $1,500 a month instead of the $900 in the agreement. Upon arrival in Japan, she was given $300 and was told to accept it. She was nonetheless entitled to it being the leader of the group of trainees. On the other hand, private respondents claim that petitioner requested an allowance for the whole group because in her previous trip, "she had to spend her own personal money from time to time to entertain the trainees under her who had become homesick."[4] The amount was intended for the whole group and not to petitioner alone. Clearly, therefore, there is a divergence of opinions as to the use of the $300 allowance. Petitioner understood that the amount of $300 a month was for her alone. Her lettermemorandum dated June 4, 1992 sufficiently explains her good faith in believing that she was entitled to it, which we find acceptable: In due respect to all of you who made my 11 1/2 years stay in AMI-P fruitful, I would like to explain my side regarding the memo issued to me. First of all, I want you to know that I have no intention of keeping this voluntary allowance for myself only. This is not included in the contract but I personally request this amount to you with the approval of NMC. The reason for my request before I leave for Japan was that, I expect that my monthly allowance to be given for training is $1500 as previously agreed during our first meeting with Sir Robert on TAB training for Japan. The actual amount I've been receiving is only $900 and this was only discussed to me upon signing the contract. I asked for additional amount for myself being a leader of the group because of the big responsibility I have to handle while we were staying in Japan. So, we agreed the $300 additional allowance. I did not discussed (sic) this to the other member because it was still under negotiation until we arrived at NTI-Japan. I even talked to Mr. Satomi (Plant Mgr.) if my request was granted but he mentioned that this was not described on the contract and advised me to wait a little longer until he can discuss this matter with Sir Randy Cook. I was surprised when it was elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34867 3/5

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