Sang-an versus Equator Knights Detective and Security Agency, Inc

G.R. No. 173189, February 13, 2013

Facts:

Jonathan works for Equator as an Assistant Operations Manager. The safekeeping of firearms is one of
his responsibilities. On April 21, 2001, it was revealed that two weapons were missing from the
inventory, and he was placed on leave pending an inquiry. On May 8, 2001, while Jonathan was
suspended, an Equator security guard was captured with an unlicensed pistol issued by Jonathan, in
violation of the COMELEC gun restriction.

Jonathan was sacked for good reason. Jonathan claimed that he was denied due process because "no
hearing or inquiry was undertaken, and he was not given any time or opportunity to defend himself."

Issue:

Whether or not due process was observed.

Decision:

Due process has two aspects: (1) substantive aspect and (2) procedural aspect, i.e., termination of
employment must be based only on valid ground (just and authorized) after due notice and hearing.

It was determined that there was a valid reason for dismissal - Art. 282 – Serious Misconduct – but that
the procedural part of due process was not followed. While Jonathan was given written notice of his first
transgression, he was not given written notice of his second offense, which resulted in his dismissal. He
was also not given the opportunity to be heard before being served with his termination notice.

As a result, due process was not followed, rendering the firing illegitimate.