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Serrano vs. NLRC [SEPARATE OPINION, DISSENTING, PUNO, J.]

RUBEN SERRANO, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and ISETANN DEPARTMENT STORE, respondents.

G.R. No. 117040 | 2000-01-27

DISSENTING OPINION

PUNO, J.:

The rule of audi alteram partem - - - hear the other side, is the essence of procedural due process. That a "party is not to suffer in person or in purse without an opportunity of being heard" is the oldest established principle in administrative law.[1] Today, the majority is ruling that the all important right of an employee to be notified before he is dismissed for a just or authorized cause is not a requirement of due process. This is a blow on the breadbasket of our lowly employees, a considerable erosion of their constitutional right to security of tenure, hence this...