This case has been cited 6 times or more.
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2013-06-13 |
SERENO, C.J. |
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| For a dismissal to be valid, the rule is that the employer must comply with both substantive and procedural due process requirements.[35] Substantive due process requires that the dismissal must be pursuant to either a just or an authorized cause under Articles 282, 283 or 284 of the Labor Code.[36] Procedural due process, on the other hand, mandates that the employer must observe the twin requirements of notice and hearing before a dismissal can be effected.[37] | |||||
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2010-12-15 |
DEL CASTILLO, J. |
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| All told, the undisputed facts of the case negate any showing of grave abuse of discretion or manifest error on the part of the public officers concerned considering their finding of probable cause to indict petitioner is supported by the evidence on record. "[C]ourts should give credence, in the absence of a clear showing of arbitrariness, to the findings and determination of probable cause by prosecutors in a preliminary investigation."[22] | |||||
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2009-12-04 |
PERALTA, J. |
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| Well settled is the dictum that the twin requirements of notice and hearing constitute the essential elements of due process in the dismissal of employees. It is a cardinal rule in our jurisdiction that the employer must furnish the employee with two written notices before the termination of employment can be affected: (a) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (b) the second informs the employee of the employer's decision to dismiss him.[41] | |||||
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2007-07-17 |
CHICO-NAZARIO, J. |
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| Law and jurisprudence require an employer to furnish the employee two written notices before termination of his employment may be ordered. The first notice must inform him of the particular acts or omissions for which his dismissal is sought; the second, of the employer's decision to dismiss the employee after he has been given the opportunity to be heard and defend himself.[37] With regard to private respondent, prior to the Notice of Termination, no occasion was given to her to explain her side on why she should not be terminated. There is no evidence that there was an exchange of communication between petitioners and private respondent regarding the latter's supposed infractions. Lest it be forgotten, every opportunity and assistance must be accorded to the employee by the management to enable him to prepare adequately for his defense, including legal representation.[38] No chance whatsoever was given to private respondent in this case. She was simply served her termination notice without being heard in her defense. | |||||
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2006-06-26 |
CARPIO MORALES, J. |
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| WHEREFORE, in view of the foregoing, the assailed resolution is hereby REVERSED and SET ASIDE. The City Prosecutor of Quezon City is directed to cause the withdrawal of the Information for acts of lasciviousness against respondent Robert Johnson L. Go and report to this Office the action taken within ten (10) days from receipt hereof.[43] (Emphasis and underscoring supplied). At this juncture, this Court could stop and refrain from calibrating the evidence on whether sexual harassment indeed forced Mariquit to resign. For Pono v. National Labor Relations Commission[44] instructs: x x x The Court takes cognizance of the fact that a criminal complaint for attempted rape or acts of lasciviousness filed by Pono against Castillo before the Prosecutors Office in Makati was eventually dismissed due to lack of merit, which dismissal was affirmed by the Department of Justice. Indisputably, an investigating fiscal is under no obligation to file a criminal information where he is not convinced that he has the quantum of evidence at hand to support the averments. | |||||