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Felix B. Perez vs. Philippine Telegraph and Telephone Company [SEPARATE CONCURRING AND DISSENTING OPINION , VELASCO, JR., 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

SEPARATE CONCURRING AND DISSENTING OPINION

VELASCO, JR., J.:

I concur in my esteemed colleague's well-written ponencia, except in one issue, to which I hereby register my dissent.

In gist, the facts as contained in the ponencia show that Felix B. Perez and Amante G. Doria were dismissed by the Philippine Telegraph and Telephone Company without a hearing or conference for a series of allegedly anomalous transactions.

The only issue covered by my dissent is, are Perez and Doria entitled to a hearing or conference as mandated by Section 2(b), Rule XXIII, Implementing Rules of Book V of the Labor Code?

The ponencia resolved this in the negative...