Imperial Textile Mills, Inc. vs. NLRC, G.R. No. 101527, January 19, 1993, 217 SCRA 237
Imperial Textile Mills, Inc. vs. NLRC, G.R. No. 101527, January 19, 1993, 217 SCRA 237
Imperial Textile Mills, Inc. vs. NLRC, G.R. No. 101527, January 19, 1993, 217 SCRA 237
SECOND DIVISION
IMPERIAL TEXTILE MILLS, INC.,
Petitioner,
-versus-
NATIONAL
LABOR
RELATIONS
COMMISSION, Third Division, and
ANGIE MENDOZA,
Respondents.
x---------------------------------------------------x
DECISION
REGALADO, J.:
This original Petition for Certiorari seeks to annul the Decision[1] of
the National Labor Relations Commission (hereafter, respondent
commission), dated June 28, 1991, finding that herein private
respondent Angie Mendoza was illegally dismissed and awarding her
three years backwages and separation pay.
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Respectfully yours,
Angie S. Mendoza
On June 6, 1986, the instant complaint for illegal dismissal was
filed. Complainant alleged that she was dismissed without
sufficient grounds after 14 years of service.
chanroblespublishingcompany
Orient Shipping Co., Inc., et al. vs. Achacoso, etc., et al.,[10] and
subsequently reiterated in Bautista, et al. vs. Secretary of Labor
and Employment, et al.:[11] Equally unmeritorious is petitioners
allegation that they were denied due process because the decision
was rendered without a formal hearing. The essence of due
process is simply an opportunity to be heard, or, as applied to
administrative proceedings, an opportunity to explain ones side,
or an opportunity to seek a reconsideration of the action or ruling
complained of.
There was sufficient compliance with the requirement of due
process as petitioner was given the opportunity to present its case
through a motion to dismiss and a position paper filed with the
labor arbiter.
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2.
3.
4.
5.
In the case of Torillo vs. Leogardo, Jr., etc., et. al.,[25] we held:
Backwages and reinstatement are two reliefs given to an
illegally dismissed employee. They are separate and distinct
from each other. However, in the event that reinstatement is no
longer possible, separation pay is awarded to the employee.
Thus, the award of separation pay is in lieu of reinstatement
and not of backwages. In other words, an illegally dismissed
employee is entitled to (1) either reinstatement, if viable, or
separation pay if reinstatement is no longer viable and (2)
backwages.
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dismissed was well taken and said employee, although not reinstated,
was awarded three years backwages.[28]
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SO ORDERED.
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