G.R. No. 113271 October 16, 1997
FACTS:
Catolico was hired as a pharmacist by Waterous Drug Corporation. On 29 January 1990, WATEROUS Control Clerk Eugenio Valdez informed WATEROUS Vice President-General Manager Emma R. Co that he noticed an irregularity involving Catolico and Yung Shin Pharmaceuticals, Inc. (YSP) in the purchase of bottles of Voren tablets which he described that there was an over price of the bottles of tablets for a total of P640.00. YSP, Inc. Accounting Department (Ms. Estelita Reyes) confirmed that the difference represents refund of jack-up price of ten bottles of Voren tablets per sales invoice no. 266 as per their check voucher no. 629552, which was paid to Ms. Catolico through China Bank check no. 892068 dated November 9, 1989.
Catolico denied having received the check and that she is unaware of the overprice. However, it was confirmed by Ms. Saldana, EDRC Espana Pharmacy Clerk, that the check amounting to P640.00 was actually received by Ms. Catolico. That Ms. Catolico even asked Ms. Saldana if she opened the envelope containing the check but Ms. Saldana answered her “talagang ganyan, bukas.” It appears that the amount in question (P640.00) had been pocketed by Ms. Catolico.