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SACRED HEART __________, INC.

Misamis Nuevo, Misamis del Norte

FIRST NOTICE/NOTICE TO EXPLAIN


TO:

The following incident has been brought to our attention for appropriate action.

A recent incident of robbery or theft as the case may be, had happened in our School last March
14, 2018 wherein a total of PhP 525, 218.77 was later on declared as the amount allegedly carted
away by unknown perpetrators.

You must have known that as per investigation by the police authorities, you are one of the suspects
in a possible crime of Qualified Theft or Robbery where there is a possibility of “inside job”. We
are still waiting for the result of the police investigation report before the President with the School
Board of Trustees can come out with a possible criminal action against the perpetrators.

But during the initial investigation, you have found out the incident at about 3:00 am of that same
date and it took you two (2) hours before you informed the working student. And even after you
informed the working student at 5:00 am, you did not even make any effort to inform the police
about the alleged incident considering the fact that the police station is a bit closer to the school
compared to the church.

At the time of the incident, you must have been the only person responsible to monitor any
untoward incident of the school but you failed to do so which resulted to the alleged robbery.
Activities like cutting of the vault or destroying window grills could have been enough to wake
you up since you alleged that you were sleeping in the old canteen. Furthermore, you are a security
guard, you were not supposed to be sleeping because you were not paid to sleep, but to be awake
the whole night to monitor any untoward incident and safeguard the school premises.

Habituality is disregarded in this matter since the loss was so substantial by the huge amount lost
because of your neglect (Fuentes vs. NLRC, G.R. No. 75955, October 28, 1988).

Under Art. 282 of the Labor Code, an employer may terminate an employment for any of the
following causes, which includes gross and habitual neglect by the employee of his duties;.

In view of this foregoing, you are hereby required to submit a written explanation to this office
within five (5) days from receipt of this notice, stating why the School should not impose the
penalty of dismissal for the act mentioned. Furthermore, you are invited to a conference on
_________________ at _____________ where you shall be accorded the opportunity to express
your side on the matter. You may be accompanied by your own counsel at the said conference if
you wish to be assisted by one.

Your failure to submit your written explanation within the period provided shall be construed a
waiver of your right to be heard and the School Board shall decide the matter on the basis of all
records and evidence available to it.
Your compliance is strongly encouraged.
RECEIVED BY:
Very truly yours,

XXXXXXXXXXXXXXX. XXXXXXXXXXX
President
Date: ________________