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[20] Rollo, pp. 20-29.
[21] Id. at 29.
[22] Anent procedural due process, the CA found that respondents were neither served
with notices recounting acts and/or omissions to justify their dismissal nor given the
opportunity to explain their side. Instead, they were merely sent the Notices of
Termination of Service briefly informing them of the management's decision to
prematurely conclude their services. As regards substantive due process, the CA held
that AICI and Al Mamoun's defense of abandonment of duties to justify respondents'
dismissal were unsubstantiated. It stressed that the burden of proof to show that the
dismissal was for a just or authorized cause rests with the employer and its failure to
do so would mean that the dismissal was illegal, as in this case. (See id. at 24-28.)
[23] Motion for reconsideration is not attached to the records.
[24] Rollo, pp. 30-31.
[25] Id. at 30-33.
[26] Id. at 33.
[27] See Article 275 (formerly 262) of the Labor Code, as renumbered pursuant to
Section 5 of Republic Act No. (RA) 10151, entitled "AN ACT ALLOWING THE
EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, As AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES," approved on June
21, 2011. See also Department Advisory No. 01, Series of 2015 of the Department of
Labor and Employment entitled "RENUMBERING OF THE LABOR CODE OF THE
PHILIPPINES, AS AMENDED."
[28] See Vivero v. Court of Appeals, 398 Phil. 158 (2000); and Negros
Metal
Corporation v. Lamayo, 643 Phil. 675 (2010).
[29] See rollo, pp. 31-32.
[30] See rollo, p. 10.
[31] Entitled "AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND
ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE
OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS,
AND FOR OTHER PURPOSES," approved on June 7, 1995.
[32] See Section 7 of RA 10022, entitled "AN ACT AMENDING REPUBLIC ACT No. 8042,
OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF
1995, AS AMENDED, FURTHER IMPROVING THE STANDARD OF PROTECTION AND
PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND
OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES," approved on March
8, 2010.
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