11/9/2020 E-Library - Information At Your Fingertips: Printer Friendly that the January 6, 2008 letter-report was merely executed to manufacture or supply events which did not occur. In fine, the pieces of evidence presented by the petitioners to establish the validity of the dismissal are either unreliable or plainly insufficient to prove that Constantino is guilty of insubordination and serious misconduct. Thus, the appellate court correctly reversed the NLRC's and Labor Arbiter's decisions considering that they were not duly supported by substantial evidence. Petitioners violated Constantino's right to procedural due process. In termination proceedings, it is settled that for the manner of dismissal to be valid, the employer must comply with the employee's right to procedural due process by furnishing him with two written notices before the termination of his employment. The first notice apprises the employee of the particular acts or omissions for which his dismissal is sought, while the second informs the employee of the employer's decision to dismiss him.[25] In this case, the petitioners admit that they did not furnish Constantino with any written notice prior to his dismissal. They maintain, however, that this is justified under Section 17(D) of the POEA-SEC. The contention is misplaced. Section 17 of the POEA-SEC provides for the disciplinary procedures against erring seafarers, to wit: Section 17. DISCIPLINARY PROCEDURES The Master shall comply with the following disciplinary procedures against an erring seafarer: A. The Master shall furnish the seafarer with a written notice containing the following: 1. Grounds for the charges as listed in Section 31 of this Contract. 2. Date, time and place for a formal investigation of the charges against the seafarer concerned. B. The Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. An entry on the investigation shall be entered into the ship's logbook. C. If, after the investigation or hearing, the Master is convinced that imposition of a penalty is justified, the Master shall issue a written notice of penalty and the reasons for it to the seafarer, with copies furnished to the Philippine agent. D. Dismissal for just cause may be effected by the Master without furnishing https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65452 9/14