December 2010 Philippine Supreme Court Decisions on Labor Law and Procedure

Here are selected December 2010 rulings of the Supreme Court of the Philippines on labor law and procedure:

Dismissal; due process;  trial-type hearing is not essential. The essence of due process is an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one’s side. Records show that Aboc was duly notified through a letter asking him to explain why his services should not be terminated. In fact, he replied to the same by submitting a written explanation. He was likewise duly afforded ample opportunity to defend himself during a conference conducted.  Aboc’s contention that the conference he attended cannot substitute the hearing mandated by the Labor Code is bereft of merit. A formal trial-type hearing is not at all times and in all instances essential to due process. It is enough that the parties are given a fair and reasonable opportunity to explain their respective sides of the controversy and to present supporting evidence on which a fair decision can be based. Antonio A. Aboc  vs. Metropolitan Bank And Trust Company /  Metropolitan Bank And Trust Company  vs.  Antonio A. Aboc, G.R. Nos.  170542-43  and G.R. No. 176460, December 13, 2010.

Dismissal; due process; trial-type hearing is not essential. In dismissal cases, the essence of due process is a fair and reasonable opportunity to be heard, or as applied to administrative proceedings, an opportunity to explain one’s side. A formal or trial type hearing is not at all times and in all instances essential. Neither is it necessary that the witnesses be cross-examined. In the instant case, there was a proceeding where the respondent was apprised of the charges against him as well as of his rights. Thereafter, he was notified of the formal charges against him and was required to explain in writing why he should not be dismissed for serious misconduct.  A formal hearing was conducted and subsequently, respondent received a Notice of Termination informing him that after a careful evaluation, he was found liable as charged and dismissed from the service due to gross misconduct. Clearly, respondent was afforded ample opportunity to air his side and defend himself.  Hence, there was due process.  Philippine Long Distance Telephone Company, vs. Eusebio M. Honrado, G.R. No. 189366, December 8, 2010.

Dismissal; due process. Respondent harps on the fact that his dismissal was preconceived because there was already a decision to terminate him even before he was given the show cause memorandum. Contrary to respondent’s allegations, he was given more than enough opportunity to defend himself.  The audit committee’s conclusion to dismiss respondent from the service was merely recommendatory.  It was not conclusive upon the petitioner company.  This is precisely the reason why the petitioner still conducted further investigations.  To reiterate, respondent was properly informed of the charges and had every opportunity to rebut the accusations and present his version.  Respondent was not denied due process of law for he was adequately heard as the very essence of due process is the opportunity to be heard. Equitable PCI Bank (Now Banco De Oro Unibank, Inc.), vs. Castor A. Dompor, G.R. Nos. 163293 & 163297, December 8, 2010.

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