Schering Employees Labor Union (SELU) vs.

Schering Plough Corporation

G.R. no. 142506 Feb. 17, 2005
Sandoval-Gutierrez, J.

Facts:

- Petitioner Lucia Sereneo (Sereneo) was employed as a professional medical representative by respondent
company and eventually became its field sales training manager. Because of her stellar performance, she received
several marketing excellence awards from respondent.
o When Sereneo became president of SELU and started re-negotiating the CBA with respondent, however,
the latter suddenly became dissatisfied with her performance. Respondent sent her a letter twice to show
her its dissatisfaction.
o Because of this, the union filed a notice of strike for ULP and union busting, which was denied by the
NCMB.
- Eventually, respondent sent Sereneo a memorandum terminating her services for loss of trust and confidence.
- Company: argued that Sereneo was found to be guilty of dishonesty, willful breach of trust and willful
disobedience.
- LA: ruled in favor of petitioner; Sereneo illegally dismissed.
- NLRC: reversed.
- CA: affirmed the reversal.
Hence, this petition.

Held:

- CA sustained; Sereneo legally dismissed.

o She was found to have falsified company call cards and misappropriated company funds which
show her dishonesty. Clearly, she breached the trust of the respondent.
- Also, petitioner’s accusation of ULP is bereft of any proof.
o It is the union who has the burden of proof to present substantial evidence to support its allegations
of ULP.
o It is not enough that the Union believed the employer committed acts of ULP when the
circumstances clearly negate even a prima facie showing to warrant such a belief.

Petition Denied.