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San Miguel Corp. vs. Nat'l Labor Rel. Comm etal.

SAN MIGUEL CORPORATION, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, EXECUTIVE LABOR ARBITER ILDEFONSO AGBUYA and FERNANDO M. ALMONICAR, respondents.

G.R. No. 78277 | 1989-05-12

D E C I S I O N


CORTES, J.:

Under the Labor Code, as amended, the requirements for the lawful dismissal of an employee by his employer are two-fold: the substantive and the procedural. Not only must the dismissal be for a valid or authorized cause as provided by law [Arts. 279, 281, 282-284], but the rudimentary requirements of due process ---- notice and hearing ---- must also be observed before an employee may be dismissed [Art. 277 (b).] One cannot go without the other, for otherwise the termination would, in the eyes of the law, be illegal.

The resolution of the instant case hinges on the determination of whether or not petitioner...