1. Explain all the steps in due process prior to termination based on just causes.

Procedural Requirements of Dismissal for Just Causes:

1. Notice (two-notice rule) – the employer is required to furnish an employee who is to be dismissed
with 2 written notices before such termination:

a. Pre-notice- the notice to apprise the employee of the particular acts or omissions for which dismissal
is sought and is considered as the proper charge;

Post-notice- the notice informing the employee of the employer’s decision to dismiss him which notice
must come only after the employee is given a reasonable period from receipt of the first notice within
which to answer the charge, and ample opportunity to be heard and defend himself.

2. Hearing (opportunity to be heard) – the worker may answer the allegations against him in the notice
of dismissal within a reasonable period from receipt of the notice of dismissal with the ample
opportunity to be heard.

3. Judgement/Decision to Dismiss – it should be in writing and should clearly state all the reason
thereof. Under the Perez Doctrine it is no longer the 2 notice rule and hearing, because you can now
dispense the hearing.

The Supreme Court held that what is important is that the parties are given the opportunity to be
heard unless they request for a hearing. What is required is that the complainant is given the
opportunity to be heard (Perez v Philippine Telegram and Telephone Company, G.R. 152048, April
7,2009).