G.R. No.

138956               August 7, 2003

LOADSTAR SHIPPING CO., INC. and TEODORO G. BERNARDINO, petitioners,

vs.
ROMEO MESANO, respondent.

Facts:
Romeo Mesano was employed as seaman by Loadstar which is a domestic corporation
engaged in the operation of shipping vessels. Subsequently, he occupied the position of
bosun/boatswin in charge of the care and custody of the entire vessel as well as its accessories
and cargo. One day, he brought out from the vessel M/V Beaver a colored television set and a
telescope. This incident prompted Loadstar to conduct an investigation. He voluntarily submitted
a written explanation thereon and returned the things. When he was getting a disembarking
clearance from his accountabilities, he was instead given a disembarkation order terminating his
services. He filed a complaint for illegal dismissal but it was dismissed by the Labor Arbiter and
such decision affirmed by the National Labor and Relations Commission. Hence, the appeal.

Issue:
Whether or not Mesano was illegally dismissed.

Held:
Yes, he was illegally dismissed. In termination of employees, the twin requirements of
substantive and procedural due process must be complied with. For the procedural due
process, the law requires that the employer must furnish the worker sought to be dismissed with
two written notices before termination of employment can be legally effected: (1) notice which
apprises the employee of the particular acts or omissions for which his dismissal is sought; and
(2) the subsequent notice which informs the employee of the employer’s decision to dismiss
him. In this case, no written charge prior to the dismissal was ever furnished Mesano.
Consequently, he was never given ample opportunity to be heard between the time after his
handwritten explanation until he was issued his disembarkation order. No hearing was made to
hear his side depriving him of the opportunity to defend himself. It is therefore arbitrary to make
an immediate conclusion of his guilt. His dismissal was clearly illegal.