WENPHIL CORPORATION, PETITIONER, VS.

NATIONAL LABOR RELATIONS

COMMISSION AND ROBERTO MALLARE, RESPONDENTS.

Private respondent was hired by petitioner on January 18, 1984 as a crew member at its Cubao Branch.
He thereafter became the assistant head of the Backroom department of the same branch. At about 2:30
P.M. on May 20, 1985 private respondent had an alteration with a co-employee. Job Barrameda, as a
result of which he and Barrameda were suspended on the following morning and in the afternoon of the
same day a memorandum was issued by the Operations Manager advising private respondent of his
dismissal from the service in accordance with their Personnel Manual. The notice of dismissal was served
on petitioner for unfair labor practice, illegal suspension and private respondent on May 25, 1985.

Thus private respondent filed a complaint against illegal dismissal. After submitting their respective
position papers to the Labor Arbiter and as the hearing could not be conducted due to repeated absence of
counsel for respondent, .

NLRC reversed the decision and ordered the reinstatement of Mallare with full backwages of one year
without qualification and deduction.

ISSUE:

Whether or not an employee dismissed for just cause but without due process be reinstated to work.

RULING:

The basic requirement of due proves is that which hears before it condemns, proceeds upon inquiry and
renders judgment only after trial. The dismissal of an employee must be for a just cause and after due
process. Petitioner committed an infraction of the second requirement thus it must be imposed a sanction
for its failure to give a formal notice and conduct an investigation as required by law before dismissing
Mallare from employment. Petitioner must indemnify the dismissed employee which depends on the facts
of each case and the gravity of the omission committed by the employer.

Where the private respondent appears to be of violent temper, caused trouble during office hours and even
defied his supervisors as they tried to pacify him, he should not be rewarded with re-employment and
backwages. The dismissal of the respondent should be maintained.

Under the so-called WENPHIL DOCTRINE if the services of the employee was terminated due to a just
or authorized cause but the affected employee's right to due process has been violated, the dismissal is
legal but the employee is entitled to damages by way of indemnification for the violation of the right.

WHEREFORE, the petition is GANTED.

The Agabon doctrine enunciates the rule that if the dismissal was for just cause but procedural due
process was not observed, the dismissal should be upheld. ... However, the employer should indemnify
the employee for the violation of his right to procedural due process.
THE DISMISSAL IS FOR A JUST OR AUTHORIZED CAUSE BUT DUE PROCESS WAS NOT
OBSERVED.

Due Process to be Observed by The Employer - For termination of the employment based on the any of
the just causes for termination, the requirements of due process that an employer must comply with are:
(TWIN NOTICES)

Written notice should be served to the employee specifying the ground or grounds for termination and
giving the said employee reasonable opportunity within which to explain;

A hearing or conference should be held during which the employee concerned, with the assistance of
counsel, if the employee so desires, is given the opportunity to respond to the charge, present his evidence
and present the evidence presented against him;

A written notice of termination, if termination is the decision of the employer, should be served on the
employee indicating that upon due consideration of all the circumstances, grounds have been established
to justify his termination.

For termination of employment based on authorized causes, the requirements of due process shall be
deemed complied with upon service of a written notice to the employee and the appropriate Regional
office of the Department of Labor and employment at least thirty days before the effectivity of the
termination specifying the grounds for termination.