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Waterous Drug Corporation v. NLRC

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Waterous Drug Corporation v.

NLRC
G.R. No. 113271, October 16, 1997

FACTS: Catolico was hired as a pharmacist by petitioner Waterous Drug Corporation.

An irregularity in the transaction between Catolico and YSP Inc., a supplier of medicine, was discovered
by petitioner’s control clerk which involved the sale of 10 bottles of Voren Tablets at P384 per unit.
Previous POs issued to YSP Inc., however, showed that the price per bottle is P320.00. Verification was
made to YSP, Inc. to determine the discrepancy and it was found that the cost per bottle was indeed
overpriced. YSP, Inc. Accounting Department (Ms. Estelita Reyes) confirmed that the difference
represents refund of jack-up price of ten bottles of Voren tablets which was paid to Catolico through a
check sent through an envelope addressed to Catolico. Catolico denied having received such check;
however, Saldana, the pharmacy clerk, opened the envelope and confirmed that there was a check
amounting to P640.00 for Catolico.

Petitioner ordered the termination of Catolico for acts of dishonesty. NLRC dismissed the petition
declaring that the check was inadmissible in evidence pursuant to Sections 2 and 3(1 and 2) of Article III
of the Constitution.

ISSUE: Whether or not the check is admissible as evidence.

HELD: The court answered in the affirmative. The court finds no reason to revise the doctrine laid down
in People vs. Marti that the Bill of Rights does not protect citizens from unreasonable searches and
seizures perpetrated by private individuals. It is not true, as counsel for Catolico claims, that the citizens
have no recourse against such assaults. On the contrary, and as said counsel admits, such an invasion
gives rise to both criminal and civil liabilities

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