CASE # 30

Facts: Herein petitioner was employed by the private respondents and was terminated. That prior to petitioners termination during the extraction of sworn statement from the latter he wasnt assisted by his counsel and thus during the meeting with the PDIC private respondent told petitioner to appear before the said committee without his counsel. Petitioner appealed with the NLRC,Arbiter Benigno C. Villante declared the dismissal illegal, thus made the private respondent appealed with NLRC which was approved and reversing the decision of Arbiter Villante. Petitioner filed a motion for reconsideration.

Issue: W/N dismissal of the petitioner by the private respondents was legally justified.

Held:

Yes. Investigating committee violated petitioners constitutional right to due process as much as he was not given a chance to defend himself by a competent and independent counsel which is a very basic requirement of substantive due process and this right cant be waived except in writing however the waiver must be in the presence of a counsel. WHEREFORE, premises is considered judgment is hereby rendered setting aside the appealed decision of the NLRC reinstating the decision of the arbiter.