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New Puerto Commercial and Richard Lim Vs. Rodel Lopez and Felix Gavan

New Puerto Commercial and Richard Lim, Petitioners, versus Rodel Lopez and Felix Gavan, Respondents.

G.R. No. 169999 | 2010-07-26

D E C I S I O N


DEL CASTILLO, J.:

In order to validly dismiss an employee, he must be accorded both substantive and procedural due process by the employer. Procedural due process requires that the employee be given a notice of the charge against him, an ample opportunity to be heard, and a notice of termination. Even if the aforesaid procedure is conducted after the filing of the illegal dismissal case, the legality of the dismissal, as to its procedural aspect, will be upheld provided that the employer is able to show that compliance with these requirements was not a mere afterthought.

This Petition for Review on Certiorari seeks to...