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SOLID DEVELOPMENT CORPORATION WORKERS ASSOCIATION v. SOLID DEVELOPMENT CORPORATION

This case has been cited 6 times or more.

	GR No. 209418 2015-12-07	W.M. MANUFACTURING v. RICHARD R. DALAG VELASCO JR., J.
Anent the conformity of Dalag's dismissal to procedural requirements, the cardinal rule in our jurisdiction is that the employer must furnish the employee with two written notices before the termination of his employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer's decision to dismiss him. The twin notice rule is coupled with the requirement of a hearing, which is complied with as long as there was an opportunity to be heard, and not necessarily that an actual hearing was conducted.[83]
	GR No. 172724 2010-08-23	PHARMACIA v. RICARDO P. ALBAYDA PERALTA, J.
In termination proceedings of employees, procedural due process consists of the twin requirements of notice and hearing. The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer's decision to dismiss him. The requirement of a hearing is complied with as long as there was an opportunity to be heard, and not necessarily that an actual hearing was conducted.[59]
	GR No. 169999 2010-07-26	NEW PUERTO COMMERCIAL v. RODEL LOPEZ DEL CASTILLO, J.
In termination proceedings of employees, procedural due process consists of the twin requirements of notice and hearing. The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer's decision to dismiss him. The requirement of a hearing is complied with as long as there was an opportunity to be heard, and not necessarily that an actual hearing was conducted.[14] As we explained in Perez v. Philippine Telegraph and Telephone Company:[15]
	GR No. 187605 2010-04-13	TECHNOL EIGHT PHILIPPINES CORPORATION v. NLRC BRION, J.
What we see in the records belie Amular's claim of denial of procedural due process. He chose not to present his side at the administrative hearing. In fact, he avoided the investigation into the charges against him by filing his illegal dismissal complaint ahead of the scheduled investigation. Under these facts, he was given the opportunity to be heard and he cannot now come to us protesting that he was denied this opportunity. To belabor a point the Court has repeatedly made in employee dismissal cases, the essence of due process is simply an opportunity to be heard; it is the denial of this opportunity that constitutes violation of due process of law.[53]
	GR No. 149273 2009-06-05	BIENVENIDO C. GILLES v. CA NACHURA, J.
A valid termination of employment by the employer must comply with two requisites, namely: (1) the dismissal must be for any of the causes provided under Article 282 of the Labor Code; and (2) the employee must be afforded an opportunity to be heard and to defend himself. Substantively, the employer can terminate the services of an employee for just and valid causes, which must be supported by clear and convincing evidence; and procedurally, the employee must be given notice and an adequate opportunity to be heard before his actual dismissal for cause.[40]
	GR No. 152048 2009-04-07	FELIX B. PEREZ v. PHILIPPINE TELEGRAPH CORONA, J.
In Solid Development Corporation Workers Association v. Solid Development Corporation,[27] we had the occasion to state:[W]ell-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 effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer's decision to dismiss him. The requirement of a hearing, on the other hand, is complied with as long as there was an opportunity to be heard, and not necessarily that an actual hearing was conducted.