Professional Documents
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ISSUES 4. The dismissal is valid, but Riviera should pay nominal damages to the
1. Whether the Agabons were illegally dismissed Agabons in vindication of the latter for violating their right to notice and
2. Whether Riviera violated the requirements of notice and hearing hearing. The penalty is in the nature of a penalty or indemnification, the
3. Is the violation of the procedural requirements of notice and hearing for amount dependent on the facts of each case, including the nature of
termination of employees a violation of the Constitutional due process? gravity of offense of the employer.
4. What are the consequences of violating the procedural requirements of
termination? In this case, the Serrano doctrine was re-examined.
First, in the Serrano case, the dismissal was upheld, but it was held to be
RULING: Valid dismissal but violation of statutory due process = payment of ineffectual (without legal effect). Hence, Serrano was still entitled to the
nominal damages (P30,000) & balance of 13th month pay, etc. payment of his backwages from the time of dismissal until the
1. No. There was just cause for their dismissal, i.e., abandonment. Art. 282 promulgation of the court of the existence of an authorized cause.
specifies the grounds for just dismissal, to wit: Further, he was entitled to his separation pay as mandated under Art.
a. Serious misconduct or willful disobedience of the lawful orders of 283. The ruling is unfair to employers and has the danger of the
the employer or his duly authorized representative in connection following consequences:
with the employee’s work a. The encouragement of filing frivolous suits even by notorious
b. Gross and habitual neglect of the by the employee of his duties employees who were justly dismissed but were deprived of
(includes abandonment) statutory due process; they are rewarded by invoking due process
c. Fraud or willful breach of the trust reposed by the employer or his b. It would create absurd situations where there is just or authorized
duly authorized representative to the employee cause but a procedural infirmity invalidates the termination, ie an
d. Commission of a crime or offense by the employee against the employee who became a criminal and threatened his co-workers’
person of the employer or any member of his immediate family or lives, who fled and could not be faound
his duly authorized representative c. It could discourage investments that would generate employment
e. Any other causes analogous to the foregoing. in the economy
Second, the payment of backwages is unjustified as only illegal
To establish abandonment, two elements must be present: termination gives the employee the right to be paid full backwages.
a. The unjustified failure of the employee to report for work When the dismissal is valid or upheld, the employee has no right to
b. A clear intention to sever e-e relationship, manifested by overt acts backwages.
Here, the Agabons were frequently absent from work for having ADDITIONAL NOTES:
performed installation work for another company, despite prior warning 1. Dismissals based on just causes: acts or omissions attributable to
given by Riviera. This clearly establishes an intention to sever the e-e the employee; no right to claim backwages or to pay separation
relationship between them, and which constitutes abandonment. pay (separation pay is subject to exception, ie if termination is not
based on serious misconduct or a conduct reflecting the moral
2. Yes. While the employer has the right to expect good performance, depravity of a person, separation pay may be granted by reason
diligence, good conduct and loyalty from its employees, it also has the of social justice)
duty to provide just compensation to his employees and to observe the Dismissals based on authorized causes: involve grounds provided
procedural requirements of notice and hearing in the termination of under the Labor Code; employee (and DOLE) is entitled the
his employees. payment of separation pay (redundancy and installation of labor-
Procedure of termination (Omnibus Rules Implementing the Labor saving devices: 1 month pay or 1 month/yr of service, whichever
Code): is higher; retrenchment and closure or cessation of business: 1
a. A written notice to the employee specifying the grounds for month pay or ½ month per year of service, whichever is higher)
termination and giving the employee reasonable opportunity to Illegal termination: employee is entitled to the payment of full
be heard backwages as well as reinstatement without loss of seniority
b. A hearing where the employee is given the opportunity to rights and other privileges, inclusive of allowances and other
respond to the charges against him and present evidence or rebut monetary claims from the time compensation was withheld until
the evidence presented against him (if he so requests) reinstatement; if reinstatement is not possible, separation pay
shall be given.