4/10/2020
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No relief was granted to Doza due to lack of factual basis to support his petition.[53]
Attorney's fees equivalent to 10% of the total claims was granted since it involved an
action for recovery of wages or where the employee was forced to litigate and incur
expenses to protect his rights and interest.[54]
The Issues
Skippers, in its Petition for Review on Certiorari, assigned the following errors in the CA
Decision:
a) The Court of Appeals seriously erred in not giving due credence to the
master's telex message showing that the respondents voluntarily requested
to be repatriated.
b) The Court of Appeals seriously erred in finding petitioners liable to pay
backwages and the alleged unremitted home allotment pay despite the
finding of the Labor Arbiter and the NLRC that the claims are baseless.
c) The Court of Appeals seriously erred in awarding attorney's fees in favor
of respondents despite its findings that the facts attending in this case do
not support the claim for moral and exemplary damages.[55]
The Ruling of this Court
We deny the petition and affirm the CA Decision, but modify the award.
For a worker's dismissal to be considered valid, it must comply with both procedural
and substantive due process. The legality of the manner of dismissal constitutes
procedural due process, while the legality of the act of dismissal constitutes substantive
due process.[56]
Procedural due process in dismissal cases 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 notice apprises the
employee of the particular acts or omissions for which his dismissal is sought; and (2)
the second notice informs the employee of the employer's decision to dismiss him.
Before the issuance of the second notice, the requirement of a hearing must be
complied with by giving the worker an opportunity to be heard. It is not necessary that
an actual hearing be conducted.[57]
Substantive due process, on the other hand, requires that dismissal by the employer be
made under a just or authorized cause under Articles 282 to 284 of the Labor Code.
In this case, there was no written notice furnished to De Gracia, et al. regarding the
cause of their dismissal. Cosmoship furnished a written notice (telex) to Skippers, the
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