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Jenny Agabon and Virgilio Agabon vs NLRC, et al [SEPARATE OPINION, J. TINGA]

JENNY M. AGABON and VIRGILIO C. AGABON, Petitioners, versus NATIONAL LABOR RELATIONS COMMISSION (NLRC), RIVIERA HOME IMPROVEMENTS, INC and VICENTE ANGELES, Respondents.<br /> [SEPARATE OPINION, J. TINGA]

G.R. No. 158693 | 2004-11-17

SEPARATE OPINION
 
Tinga, J:
 
I concur in the result, the final disposition of the petition being correct. There is no denying the importance of the Court's ruling today, which should be considered as definitive as to the effect of the failure to render the notice and hearing required under the Labor Code when an employee is being dismissed for just causes, as defined under the same law. The Court emphatically reaffirms the rule that dismissals for just cause are not invalidated due to the failure of the employer to observe the proper notice and hearing requirements under the Labor Code. At the same time, The Decision likewise...