Lawyerly

GR Nos. 178382-83

2015-09-23

JARDELEZA, J.

Finally, CMI violated procedural due process in terminating Basso. In King of Kings Transport, Inc. v. Mamac[89] we detailed the procedural due process steps in termination of employment:To clarify, the following should be considered in terminating the services of employees:

GR No. 198656

2014-09-08

NANCY S. MONTINOLA v. PHILIPPINE AIRLINES

LEONEN, J.

There is denial of an opportunity to be heard if the employee is not clearly apprised of the acts she committed that constituted the cause for disciplinary action. The Omnibus Rules Implementing the Labor Code requires that "a written notice [be] served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side."[77] Reasonable opportunity has been described as "every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense."[78]

GR No. 201701

2013-06-03

UNILEVER PHILIPPINES v. MARIA RUBY M. RIVERA

MENDOZA, J.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.[29]

GR No. 193789

2012-09-19

ALEX Q. NARANJO v. BIOMEDICA HEALTH CARE

VELASCO JR., J.

Thus, the Court elaborated in King of Kings Transport, Inc. v. Mamac[27] that a mere general description of the charges against an employee by the employer is insufficient to comply with the above provisions of the law: x x x Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

GR No. 185829

2012-04-25

ARMANDO ALILING v. JOSE B. FELICIANO

VELASCO JR., J.

King of Kings Transport, Inc. v. Mamac[39] expounded on this procedural requirement in this manner: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five calendar days from receipt of the notice xxxx Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 288 [of the Labor Code] is being charged against the employees

GR No. 192190

2012-04-25

BILLY M. REALDA v. NEW AGE GRAPHICS

REYES, J.

Undoubtedly, Graphics, Inc. complied with the substantive requirements of due process in effecting employee dismissal. However, the same cannot be said insofar as the procedural requirements are concerned. In King of Kings Transport, Inc. v. Mamac,[13] this Court laid down the manner by which the procedural due requirements of due process can be satisfied: To clarify, the following should be considered in terminating the services of employees:

GR No. 194813

2012-04-25

KAKAMPI v. KINGSPOINT EXPRESS

REYES, J.

Nonetheless, while Kingspoint Express had reason to sever their employment relations, this Court finds its supposed observance of the requirements of procedural due process pretentious. While Kingspoint Express required the dismissed employees to explain their refusal to submit to a drug test, the two (2) days afforded to them to do so cannot qualify as "reasonable opportunity", which the Court construed in King of Kings Transport, Inc. v. Mamac[21] as a period of at least five (5) calendar days from receipt of the notice.

GR No. 169523

2010-06-16

LIMA LAND v. MARLYN CUEVAS

PERALTA, J.

The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period.[16] "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense.[17] This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint.[18] Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees.[19] A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, were violated and/or which among the grounds under Article 282 is being charged against the employees.[20]

GR No. 183383

2010-04-05

ANABEL BENJAMIN v. AMELLAR CORPORATION

CARPIO MORALES, J.

King of Kings Transport v. Mamac [37] explains the importance of the first written notice: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

GR NO. 178976

2009-07-31

ABELARDO P. ABEL v. PHILEX MINING CORPORATION

CARPIO MORALES, J.

The procedure for this twin notice and hearing requirement was thoroughly explained in King of Kings Transport v. Mamac[36] in this wise: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

GR No. 165407

2009-06-05

HERMINIGILDO INGUILLO v. FIRST PHILIPPINE SCALES

PERALTA, J.

The second aspect of due process was clarified by the Court in King of Kings Transport v. Mamac,[48] stating, thus:(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. x x x

GR No. 152048

2009-04-07

FELIX B. PEREZ v. PHILIPPINE TELEGRAPH

CORONA, J.

Respondents' illegal act of dismissing petitioners was aggravated by their failure to observe due process. To meet the requirements of due process in the dismissal of an employee, an employer must furnish the worker with two written notices: (1) a written notice specifying the grounds for termination and giving to said employee a reasonable opportunity to explain his side and (2) another written notice indicating that, upon due consideration of all circumstances, grounds have been established to justify the employer's decision to dismiss the employee.[16]

GR No. 152048

2009-04-07

FELIX B. PEREZ v. PHILIPPINE TELEGRAPH

CORONA, J.

The National Labor Relations Commission (NLRC) reversed the decision of the labor arbiter. It ruled that petitioners were dismissed for just cause, that they were accorded due process and that they were illegally suspended for only 15 days (without stating the reason for the reduction of the period of petitioners' illegal suspension).[6]

GR No. 157680

2008-10-08

EQUIPMENT TECHNICAL SERVICES OR JOSEPH JAMES DEQUITO v. CA

VELASCO JR., J.

In termination disputes, the burden of proving that an employee had been dismissed for a lawful cause or that the exacting procedural requirements under the Labor Code had been complied with lies with the employer.[18] Where there is no showing of a clear, valid, and legal cause for termination of employment, the law considers the case a matter of illegal dismissal.[19]

GR No. 164850

2008-09-25

REYNALDO Q. AGULLANO v. CHRISTIAN PUBLISHING

NACHURA, J.

The procedure for this twin notice and hearing requirement was thoroughly explained in King of Kings Transport v. Mamac,[13] in this wise:(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

GR No. 153510

2008-02-13

R.B. MICHAEL PRESS and ANNALENE REYES ESCOBIA v. NICASIO C. GALIT

VELASCO JR., J.

In King of Kings Transport v. Mamac,[16] we had the occasion to further elucidate on the procedure relating to the twin notice and hearing requirement, thus: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

GR Nos. 142732-33

2007-12-04

MARILOU S. GENUINO v. NLRC

VELASCO JR., J.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.[23]

	GR Nos. 178382-83 2015-09-23	CONTINENTAL MICRONESIA v. JOSEPH BASSO JARDELEZA, J.
Finally, CMI violated procedural due process in terminating Basso. In King of Kings Transport, Inc. v. Mamac[89] we detailed the procedural due process steps in termination of employment:To clarify, the following should be considered in terminating the services of employees:
	GR No. 198656 2014-09-08	NANCY S. MONTINOLA v. PHILIPPINE AIRLINES LEONEN, J.
There is denial of an opportunity to be heard if the employee is not clearly apprised of the acts she committed that constituted the cause for disciplinary action. The Omnibus Rules Implementing the Labor Code requires that "a written notice [be] served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side."[77] Reasonable opportunity has been described as "every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense."[78]
	GR No. 201701 2013-06-03	UNILEVER PHILIPPINES v. MARIA RUBY M. RIVERA MENDOZA, J.
(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.[29]
	GR No. 193789 2012-09-19	ALEX Q. NARANJO v. BIOMEDICA HEALTH CARE VELASCO JR., J.
Thus, the Court elaborated in King of Kings Transport, Inc. v. Mamac[27] that a mere general description of the charges against an employee by the employer is insufficient to comply with the above provisions of the law: x x x Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
	GR No. 185829 2012-04-25	ARMANDO ALILING v. JOSE B. FELICIANO VELASCO JR., J.
King of Kings Transport, Inc. v. Mamac[39] expounded on this procedural requirement in this manner: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five calendar days from receipt of the notice xxxx Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 288 [of the Labor Code] is being charged against the employees
	GR No. 192190 2012-04-25	BILLY M. REALDA v. NEW AGE GRAPHICS REYES, J.
Undoubtedly, Graphics, Inc. complied with the substantive requirements of due process in effecting employee dismissal. However, the same cannot be said insofar as the procedural requirements are concerned. In King of Kings Transport, Inc. v. Mamac,[13] this Court laid down the manner by which the procedural due requirements of due process can be satisfied: To clarify, the following should be considered in terminating the services of employees:
	GR No. 194813 2012-04-25	KAKAMPI v. KINGSPOINT EXPRESS REYES, J.
Nonetheless, while Kingspoint Express had reason to sever their employment relations, this Court finds its supposed observance of the requirements of procedural due process pretentious. While Kingspoint Express required the dismissed employees to explain their refusal to submit to a drug test, the two (2) days afforded to them to do so cannot qualify as "reasonable opportunity", which the Court construed in King of Kings Transport, Inc. v. Mamac[21] as a period of at least five (5) calendar days from receipt of the notice.
	GR No. 169523 2010-06-16	LIMA LAND v. MARLYN CUEVAS PERALTA, J.
The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period.[16] "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense.[17] This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint.[18] Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees.[19] A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, were violated and/or which among the grounds under Article 282 is being charged against the employees.[20]
	GR No. 183383 2010-04-05	ANABEL BENJAMIN v. AMELLAR CORPORATION CARPIO MORALES, J.
King of Kings Transport v. Mamac [37] explains the importance of the first written notice: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
	GR NO. 178976 2009-07-31	ABELARDO P. ABEL v. PHILEX MINING CORPORATION CARPIO MORALES, J.
The procedure for this twin notice and hearing requirement was thoroughly explained in King of Kings Transport v. Mamac[36] in this wise: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
	GR No. 165407 2009-06-05	HERMINIGILDO INGUILLO v. FIRST PHILIPPINE SCALES PERALTA, J.
The second aspect of due process was clarified by the Court in King of Kings Transport v. Mamac,[48] stating, thus:(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. x x x
	GR No. 152048 2009-04-07	FELIX B. PEREZ v. PHILIPPINE TELEGRAPH CORONA, J.
Respondents' illegal act of dismissing petitioners was aggravated by their failure to observe due process. To meet the requirements of due process in the dismissal of an employee, an employer must furnish the worker with two written notices: (1) a written notice specifying the grounds for termination and giving to said employee a reasonable opportunity to explain his side and (2) another written notice indicating that, upon due consideration of all circumstances, grounds have been established to justify the employer's decision to dismiss the employee.[16]
	GR No. 152048 2009-04-07	FELIX B. PEREZ v. PHILIPPINE TELEGRAPH CORONA, J.
The National Labor Relations Commission (NLRC) reversed the decision of the labor arbiter. It ruled that petitioners were dismissed for just cause, that they were accorded due process and that they were illegally suspended for only 15 days (without stating the reason for the reduction of the period of petitioners' illegal suspension).[6]
	GR No. 157680 2008-10-08	EQUIPMENT TECHNICAL SERVICES OR JOSEPH JAMES DEQUITO v. CA VELASCO JR., J.
In termination disputes, the burden of proving that an employee had been dismissed for a lawful cause or that the exacting procedural requirements under the Labor Code had been complied with lies with the employer.[18] Where there is no showing of a clear, valid, and legal cause for termination of employment, the law considers the case a matter of illegal dismissal.[19]
	GR No. 164850 2008-09-25	REYNALDO Q. AGULLANO v. CHRISTIAN PUBLISHING NACHURA, J.
The procedure for this twin notice and hearing requirement was thoroughly explained in King of Kings Transport v. Mamac,[13] in this wise:(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
	GR No. 153510 2008-02-13	R.B. MICHAEL PRESS and ANNALENE REYES ESCOBIA v. NICASIO C. GALIT VELASCO JR., J.
In King of Kings Transport v. Mamac,[16] we had the occasion to further elucidate on the procedure relating to the twin notice and hearing requirement, thus: (1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. "Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
	GR Nos. 142732-33 2007-12-04	MARILOU S. GENUINO v. NLRC VELASCO JR., J.
(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.[23]

KING OF KINGS TRANSPORT v. SANTIAGO O. MAMAC