JENNY M. AGABON and VIRGILIO C.

AGABON
vs.
NATIONAL LABOR RELATIONS COMMISSION (NLRC), RIVIERA HOME IMPROVEMENTS, INC. and
VICENTE ANGELES
G.R. No. 158693 NOVEMBER 17, 2004
YNARES-SANTIAGO, J.

FACTS:

Petitioners were employed by Riviera Home as gypsum board and cornice installers from
January 1992 to February 23, 1999 when they were dismissed for abandonment of work.
Petitioners filed a complaint for illegal dismissal and was decided in their favor by the Labor
Arbiter. Riviera appealed to the NLRC contending just cause for the dismissal because of
petitioner’s abandonment of work. NLRC ruled there was just cause and petitioners were not
entitled to backwages and separation pay. The CA in turn ruled that the dismissal was not
illegal because they have abandoned their work but ordered the payment of money claims.

ISSUE:

Whether or not petitioners were illegally dismissed.

HELD:
                  
Yes. To dismiss an employee, the law required not only the existence of a just and valid cause
but also enjoins the employer to give the employee the right to be heard and to defend himself.
Abandonment is the deliberate and unjustified refusal of an employee to resume his
employment. For a valid finding or abandonment, two factors are considered: failure to report
for work without a valid reason; and, a clear intention to sever employer-employee relationship
with the second as the more determinative factor which is manifested by overt acts from which
it may be deduced that the employees has no more intention to work.

Where the employer had a valid reason to dismiss an employee but did not follow the due
process requirement, the dismissal may be upheld but the employer will be penalized to pay an
indemnity to the employee.