PROCEDURAL DUE PROCESS

Art. 277. Miscellaneous provisions – xxx

(b) Subject to the constitutional right of workers to security of

tenure and their right to be protected against dismissal except for
a just and authorized cause and without prejudice to the
requirement of notice under Article 283 of this Code, the employer
shall furnish the worker whose employment is sought to be
terminated a written notice containing a statement of the Causes
for termination and shall afford the latter an ample opportunity to
be heard and to defend himself with the assistance of his
representative if he so desires in accordance with company rules
and regulations promulgated pursuant to guidelines set by the
Department of Labor and Employment.
 For termination based on Authorized
Causes
1. Notice to the employee at least 30 days before
effectivity thereof;
2. Notice to the appropriate Regional Office of the
DOLE at least 30 days prior to the date of
effectivity of the termination.
 For termination based on Just Causes

1) Two-notice rule
a) First notice – also known as the notice to explain or
show-cause memo.
b) Second notice – also known as the last notice since
the employee is considered dismissed thereafter.
2) Twin-requirements
Notice and Hearing
1. FIRST NOTICE – A written notice is served on the
employee specifying the ground/grounds for termination,
and giving said employee an opportunity to explain his
side.
2. HEARING OR CONFERENCE – the employee
concerned is given an opportunity to respond to the
charge, present evidence or rebut the evidence
presented against him.
3. SECOND NOTICE – A written notice of termination
served on the employee indicating that upon due
consideration of all the circumstances, grounds have
been established to justify his dismissal.
1. Notice must be sent to the last known address
of the employee.
2.Notice posted in the office's bulletin board is not
sufficient.
3. Notice made in the newspaper is not enough.
4.Notice of preventive suspension is not
adequate notice.
5.Notice to explain must clearly & fully explain the
charges against the employee.
 Contents of the 1 Notice st

1. Specific charges of the grounds for termination.

2. A directive that the employee is given 5 calendar days
upon which to submit his written explanation.
3. Detailed narration of the facts & circumstances that will
serve as basis for the charge against him.
4. Lastly, the notice should specifically mention the company
rules that was violated, if any, and/or the specific grounds
under Article 282 upon which the employee is being
charged.
 Hearing or Conference
 The essence of due process is simply an opportunity
to be heard.
 Opportunity to be heard can be satisfied by giving the
employee any meaningful opportunity to controvert the
charges against him and to submit evidence in support
thereof.
 This is not similar to a trial court hearing.

Litigants may be heard through -
a) Written explanation
b) Pleadings
c)Oral arguments
 2 Notice
nd

 After determining that termination of

employment is justified, the employer shall
serve a written notice of termination indicating
that -
1. All circumstances involving the charge against
the employee had been considered;
2. And grounds have been established to justify
severance of their relationship.