Its reliance on Wenphil is, therefore, misplaced since in that case, there was just cause for the
employees dismissal.
Article 277 of the Labor Code provides, inter alia:
(a) xxx xxx
xxx"
"(b) Subject to the constitutional right of workers to security of tenure and their right to
be protected against dismissal except for a just and authorized cause and notice
under Article 283 of this Code, the employer shall furnish the worker whose
employment is sought to be terminated a written notice containing a statement of
causes for termination and shall afford the latter ample opportunity to be heard and
to defend himself with assistance of his representative if he so desires in accordance
with company rules and regulations promulgated pursuant to guidelines set by the
Department of Labor and Employment. xxx
In particular, Rule XXIII , Book V of the Omnibus Rules Implementing the Labor Code states:
Section 2. Standards of due process: requirements of notice. In all cases of termination of
employment, the following standards of due process shall be substantially observed:
I.
For termination of employment based on just causes as defined in Article 282 of the
Code:
xxx
(a)
A written notice served on the employee specifying the ground or grounds
for termination, and giving to said employee reasonable opportunity
within which to explain his side;
(b)
A hearing or conference 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 served on the employee indicating that
upon due consideration of all the circumstances, grounds have been
established to justify his termination.
xxx
xxx."
In sum, to effect a completely valid and unassailable dismissal, the employer must show not only
sufficient ground therefore, but must also prove that procedural due process had been observed
by giving the employee two notices.viii[8] In this, petitioner was remiss, hence, it should suffer
the consequences.
WHEREFORE, premises considered, the instant petition is DISMISSED. Accordingly, the
decision of the labor arbiter dated June 21, 1996, and the resolution of the NLRC dated