Pre-Wenphil Private and Constitutional Due

Valid Cause + Prior Notice and Hearing

Doctrine government sector Process

1989 – Wenphil No Notice and

Valid Cause = Valid Dismissal + indemnity (1,000)
Doctrine Hearing

= Valid Dismissal
No Notice and (ineffectual due to
2000 Serrano Valid Cause +Full Back wages
Hearing non-observance of
notice and hearing)

2004 Agabon
No Notice and + Nominal
Valid Cause = Valid Dismissal
(founded on just Hearing Damages (30K)
cause)

2005 Jaka Foods

No Notice and + Nominal
(founded on Valid Cause = Valid Dismissal
Hearing Damages (50K)
authorized cause)

Different decisions of the SC:

The nominal damages may vary depending on the discretion of the court based on attending factual
circumstances of the parties as duly established through substantial evidence.

GMG