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Felix B. Perez vs. Philippine Telegraph and Telephone Company [CONCURRING OPINION BRION, J.]

FELIX B. PEREZ and AMANTE G. DORIA, Petitioners, versus PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY and JOSE LUIS SANTIAGO, Respondents.

G.R. No. 152048 | 2009-04-07

CONCURRING OPINION

BRION, J.

I fully concur with the ponencia of my esteemed colleague, Associate Justice Renato C. Corona. I add these views on the specific issue of whether actual hearing is a mandatory requirement in a termination of employment situation.

The petitioners' position that a formal hearing should be an absolute requirement whose absence signifies the non-observance of procedural due process is an unduly strict view and is not at all what procedural due process requires. This is not the intent behind the Labor Code whose pertinent provision reads:

ART. 277.

x x x

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