GUIDE ON OBSERVANCE OF PROCEDURAL DUE PROCESS IN THE

TERMINATION OF EMPLOYEE

a. For termination based on just causes under Article 282.

Due process under Article 282 means compliance with the following
requirements of two (2) notices and a hearing:
(a) A written notice (first notice) served on the employee specifying the
ground or grounds for termination, and giving to said employee
reasonable opportunity to explain his side;
(b) A hearing or conference (or at least an opportunity to be heard) during
which the employee concerned, with the assistance of counsel if the
employee so desires, is given opportunity to respond to the charge,
present his evidence or rebut the evidence presented against him; and
(c) A written notice of termination (second notice) served on the employee
indicating that upon due consideration of all the circumstances,
grounds have been established to justify his termination. (PNB vs.
Cabansag, G. R. No. 157010, June 21, 2005; Millares vs. PLDT, G. R. No.
154078, May 6, 2005).
These requirements are mandatory, non-compliance with which renders
any judgment reached by management void and inexistent. (Skippers Pacific, Inc.
vs. Mira, G. R. No. 144314, Nov. 21, 2002; Concorde Hotel vs. CA, G. R. No.
144089, Aug. 9, 2001).
b. For termination based on authorized causes under Article 283.
The requirements of due process is deemed complied with upon the service of a
written notice to:
(1) the employee; and
(2) the appropriate Regional Office of the Department of Labor and
Employment at least thirty (30) days before the effectivity of the
termination, specifying the ground or grounds for termination. (Article
283, Labor Code).
c. For termination based on disease under Article 284.
Article 284 does not specify the standards of due process to be followed in case
an employee is dismissed due to disease. However, the silence of the law should not be
construed that the sick employee may be terminated without complying with certain
procedural requirements. In Agabon vs. NLRC, [G.R. No. 158693, Nov. 17, 2004], the

Supreme Court observed that the procedural requirements under Article 283 are
likewise applicable to Article 284.
d. For termination based on completion of contract or phase thereof.
If the termination is brought about by the completion of the contract or phase
thereof, no prior notice is required. (Section 2, Rule I, Book VI, Rules to Implement the
Labor Code, as amended by Article III, Department Order No. 10, Series of 1997).
e. For termination of probationary employment based on failure to meet the standards
of employment.
If the termination of probationary employment is brought about by the failure of
an employee to meet the standards of the employer, it is sufficient that a written notice is
served the employee within a reasonable time from the effective date of termination.
(Section 2, Rule I, Book VI, Rules to Implement the Labor Code, as amended by Article
III, Department Order No. 10, Series of 1997).
f. Monthly report of dismissal to DOLE for policy guidance and statistical purposes;
when treated as evidence of valid dismissal.
In R. Transport Corporation vs. Ejandra, [G. R. no. 148508, May 20, 2004)], it was
held that the fact that the employer who claimed that the employee had abandoned his
job, did not report such fact to the nearest Regional Office of the Department of Labor
and Employment in accordance with Section 7, Rule XXIII, Book V of Department Order
No. 9, series of 1997 is an indicium that the employee did not commit said offense. If the
employee really abandoned his work, the employer should have reported that fact
accordingly.

What are the instances when hearing is not required?

In the situations mentioned below, hearing is not required to be conducted by the
employer in order for the termination to be valid.
a. Admission of guilt by employee.
b. Termination due to authorized causes under Article 283.
c. Termination due to disease under Article 284.
d. Termination by the employee (resignation).
e. Termination after 6 months of bona-fide suspension of operation.
f. Termination due to expiration of fixed-period employment.
g. Termination of casual employment.
h. Termination due to completion of project in project employment.
i. Termination due to lapse of season in case of seasonal employment.
j. Termination due to expiration of period of probationary employment.
k. Termination due to expiration of tenure made coterminous with lease.
l. Termination due to expiration of contractual employment.

m. Termination due to abandonment.

n. Termination due to closure or stoppage of work by government authorities.

On the Right to Counsel: If the investigation is merely an administrative investigation

conducted by the employer and not a criminal investigation, the admissions made
during such investigation may be used as evidence to justify dismissal. (Manuel vs. N. C.
Construction Supply, G. R. No. 127553, Nov. 28, 1997, 282 SCRA 326).

On the feasibility of Reinstatement: It appears from the Supreme Court rulings

involving the doctrine of strained relations that the common denominator which bars
reinstatement is the nature of the position of the employee. Hence, this doctrine should
not be applied to a situation where the employee has no say in the operation of the
employers business.
Note: Just and Authorized Causes for Termination, starts on page 52 of the Reference;
particularly on habitual absenteeism, starts on page 59.