109 to 112 of Rollo). As such, the same could not have carried much weight. There is
no question therefore that complainant was dismissed without any justifiable cause.
Due process, the second element for a valid dismissal, requires notice and
hearing.xxxiii[33] Before the employee can be dismissed under Article 282, the Code
requires the service of a written notice containing a statement of the cause(s) of
termination and giving said employee ample opportunity to be heard and to defend
himself. A notice of termination in writing is further required if the employees dismissal is
decided upon.xxxiv[34] The employer must furnish the worker with two written notices
before termination of employment can be legally effected: (1) notice which apprises the
employee of the particular acts or omissions for which his dismissal is sought and (2)
subsequent notice which informs the employee of the employers decision to dismiss
him. The twin requirements of notice and hearing constitute the essential elements of
due process, and neither of these elements can be eliminated without running afoul of
the constitutional guaranty.xxxv[35]
Using these legal criteria, we hold that private respondent was illegally dismissed. No
notice was ever given to him prior to his dismissal. This fact alone disproves petitioners
allegation that private respondent was given fair warning and enough opportunity to
explain his side [regarding] the incidents that led to his dismissal. These requisites
cannot be replaced as they are not mere technicalities, but requirements of due process
to which every employee is entitled to ensure that the employers prerogative to dismiss
is not exercised arbitrarily.xxxvi[36]
Illegally dismissed workers are entitled to the payment of their salaries corresponding to
the unexpired portion of their employment where the employment is for a definite
period.xxxvii[37] Conformably, the administrator and the Respondent Commission properly
awarded private respondent salaries for the period beginning April 9, 1987, the date of
his illegal dismissal, until February 18, 1988, the expiration of his contract.
WHEREFORE, the petition is hereby DISMISSED. The challenged Decision and
Resolution are AFFIRMED. Costs against petitioners.
SO ORDERED.
Narvasa, C.J., (Chairman), Romero, Melo, and Francisco, JJ., concur.
i[1]
Rollo, pp. 36-39.
ii[2]
Ibid.,pp. 40-44.