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Serrano vs. NLRC [SEPARATE OPINION, CONCURRING, PANGANIBAN, J.]

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

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

SEPARATE OPINION

PANGANIBAN, J.:

In the case before us, the Court is unanimous in at least two findings: (1) petitioner’s dismissal was due to an authorized cause, redundancy; and (2) petitioner was notified of his dismissal only on the very day his employment was terminated. The contentious issue arising out of these two findings is as follows: What is the legal effect and the corresponding sanction for the failure of the employer to give the employee and the Department of Labor and Employment (DOLE) the 30-day notice of termination required under Article 283 of the Labor Code?

During the last ten (10) years, the Court has...