GR No.

158693 / November 17, 2004

Jenny M. Agabon and Virgilio C. Agabon v. NLRC, Riviera Home Improvements, and
Vicente Angeles

Facts:
Virgilio and Jenny Agabon were employees of Riviera Home Improvements which was engaged
in the business of selling and installing ornamental and construction materials. The spouses
work was composed of installing gypsum board and cornice installers. Later, they were
dismissed from their employment for abandoning their work and for subcontracting the same
services they do for Riviera. They filed complaint against it for illegal dismissal and payment of
money claims. The Labor Arbiter declared there was an illegal dismissal and ordered Riviera to
pay them holiday pay with service incentive leaves. On appeal, NLRC reversed the decision
because it found out that petitioners actually abandoned their work and did not entitle them to
backwages and separation pay and such other money claims. CA affirmed that the dismissal
was proper and ordered to give them incentive and holiday pay but without the separation pay.

Issue:
Whether or not spouses Agabon were illegally dismissed.

Held:
No, the spouses were not illegally dismissed. The termination was for a just and valid cause of
abandonment. They were actually subcontracting work for another company that was why they
have abandoned their work in Riviera. Despite the absence of procedural due process, the
dismissal remained valid. Social justice cannot come into play because there was a substantive
reason for the dismissal. Where dismissal is for a just cause, the lack of statutory due process
should not nullify the dismissal or render it illegal or ineffectual. However, such warrants the
payment of indemnity by the employer in form of nominal damages.