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Opportunity to explain his side should be construed as a period
Of at least five (5) calendar days trom receipt of the notice to give
The employee an oPportunity to study the accusation against him,
Consult a union official or lawyer, gather data and evidence, and
Decide on the defenses he will raise against the complaint”
The second notice is served in order to inform the employee that
Upon due consideration, the ground or grounds upon which his
Termination is based, has been properiy established and proved.
The compliance to both notices is otherwise known as the Twin
Notice Rule.
Sandwiched between the required notices is the critically important
Hearing or conterence, during which the employee, through the
Assistance of counsel should he so desire, can be heard and explain
His side. This hearing, however, does not require a trial-type tormal
Hearing
The standard for the hearing requirement, ample opportunity, is
Couched in general language revealing the legISlative intent to give
Some degree of flexibility or adaptability to meet the peculiarities
Of a given situation. To confine it to a single rigid proceeding such
As a formal hearing will defeat its spirit.
Significantiy, Section 2(d), Rule I of the Implementing Rules of Book
VI of the Labor Code itself provides that the so-called standards
Of due process outlined therein shall be observed substantially, not
Strictly. This is a recognition that while a formal hearing or conference

Is tdeal, it is not an absolute, mandatory or exclustve avene of due process.
A hearing means thata party should be given a chance to adduce
His evidence to support his side of the case and that the evidence
Should be taken into account in the adjudication of the controversy.
To be heard does not nmean verbal argumentation alone inasmuch as one
May be heard just as effectively lrough wriften explanations, submissions
Or pleadings. Therefore, while the phrase ample oPportunity to be
Heard may in fact inchude an actual hearing, it is not limited to a
Formal hearing only. In other words, the existence of an actual,
Formal trial-type hearing, although preterred, is not absolutely
Necessary to satisty the employees right to be heard.
In the simplest sense of the word, it is enough that the employee
Has been given an oPportunity to present and explain his side,
Regardless of its form-as long as it is considerably ample and
Sufficient. Neither is the participation of counsel indispensable in
The discharge of due process in the termination ot an employee
Suffice that he was given the opportunity to choose whether he
Opts to have one or not. Furthermore, in terms of the necessity ot
Hearing, when the employee has already admitted his guilt, then a
Hearing can already be dispensed with and is no longer necessary.
In sum, the procedural due process (for just causes) required by
The Labor Code is considered complied through the following
(1) The first written notice to be served on the employees shoula
Contain the specific causes or grounds for termination against
Them, and a directive that the employees are given the opportunity
To submit their written explanation within a reasonable period; (2)
Atter serving the irst notice, the employers should schedule and
Conduct a hearing or conterence wherein the employees will be
Given the opportunity to: (a) explain and clarity their defenses to
The charge against thern; (b) present evidence in support ot their
Detenses; and () rebut the evidence presented against them by
The management; and (3) After determining that termination of
Employment is justified, the employers shall serve the employees a
Written notice of termination indicating that: (a) all circumstances
Involving the charge against the employees have bee considered;
And (b) grounds have been established to justify the severance of
Their employment.”
In case the termination is based on an authorized cause, no hearing or
Conference is required, as this is more of a management prerogative.
However, due process still requires that written notices be issued
By the employer. The first written notice is addressed to DOLE 30
Days prior to the intended date of termination. The rationale for this
Notice is to enable said ofice to ascertain the verily of the cause o
The removal. The second one 1s given to the employees concerned,
Also 30 days prior to the intended date of termination. Take note
That this notice must be given individually, and not collectively
Where the ground for dismissal or termination of services does not
Relate to a blameworthy act or omission on the part of the employee
There appears to us no need for an investigation and hearing to be
Conducted by the employer who does not, to begin with, allege

Malfeasance or nonfeasance on the part of the employee. In such
Case, there are no allegations which the employee should refute and
Defend himself from.l
In other words, there is no necessity for a hearing prior to the
Termination of an employee pursuant to an authorized cause, as
He/she is not being accused of any certain misconduct that needs
To be refuted or countered. The hearing, should it arise, more likely
Happens after the termination, when the validity of an employer’s
Resort to any of the authorized causes for the removal of certain
Employees is questioned. An employee may contest, initialy betore
The Department of Labor of Employment, the good faith or the
Truthfulness of the grounds used in order to justify the termination
Of services. If it can be proved that the retrenchment, for example,
Is ill-motivated and its justification is illusory and has no real basis,
Then the termination of employees, pursuant to this, may be ruled
As invalid.

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Opportunity to explain his side should be construed as a period

The employee an oPportunity to study the accusation against him,

Consult a union official or lawyer, gather data and evidence, and

Decide on the defenses he will raise against the complaint”

The second notice is served in order to inform the employee that

Upon due consideration, the ground or grounds upon which his

Termination is based, has been properiy established and proved.

The compliance to both notices is otherwise known as the Twin

Sandwiched between the required notices is the critically important

Hearing or conterence, during which the employee, through the

Assistance of counsel should he so desire, can be heard and explain

The standard for the hearing requirement, ample opportunity, is

Couched in general language revealing the legISlative intent to give

Some degree of flexibility or adaptability to meet the peculiarities

Of a given situation. To confine it to a single rigid proceeding such

As a formal hearing will defeat its spirit.

Significantiy, Section 2(d), Rule I of the Implementing Rules of Book

VI of the Labor Code itself provides that the so-called standards

Of due process outlined therein shall be observed substantially, not

Strictly. This is a recognition that while a formal hearing or conference

A hearing means thata party should be given a chance to adduce

Should be taken into account in the adjudication of the controversy.

To be heard does not nmean verbal argumentation alone inasmuch as one

May be heard just as effectively lrough wriften explanations, submissions

Or pleadings. Therefore, while the phrase ample oPportunity to be

Heard may in fact inchude an actual hearing, it is not limited to a

Formal hearing only. In other words, the existence of an actual,

Formal trial-type hearing, although preterred, is not absolutely

Necessary to satisty the employees right to be heard.

In the simplest sense of the word, it is enough that the employee

Has been given an oPportunity to present and explain his side,

Regardless of its form-as long as it is considerably ample and

Sufficient. Neither is the participation of counsel indispensable in

The discharge of due process in the termination ot an employee

Suffice that he was given the opportunity to choose whether he

Opts to have one or not. Furthermore, in terms of the necessity ot

Hearing can already be dispensed with and is no longer necessary.

In sum, the procedural due process (for just causes) required by

The Labor Code is considered complied through the following

(1) The first written notice to be served on the employees shoula

Contain the specific causes or grounds for termination against

Conduct a hearing or conterence wherein the employees will be

The charge against thern; (b) present evidence in support ot their

Detenses; and () rebut the evidence presented against them by

The management; and (3) After determining that termination of

Employment is justified, the employers shall serve the employees a

Written notice of termination indicating that: (a) all circumstances

Involving the charge against the employees have bee considered;

And (b) grounds have been established to justify the severance of

In case the termination is based on an authorized cause, no hearing or

Conference is required, as this is more of a management prerogative.

However, due process still requires that written notices be issued

By the employer. The first written notice is addressed to DOLE 30

Notice is to enable said ofice to ascertain the verily of the cause o

The removal. The second one 1s given to the employees concerned,

Also 30 days prior to the intended date of termination. Take note

That this notice must be given individually, and not collectively

Where the ground for dismissal or termination of services does not

Relate to a blameworthy act or omission on the part of the employee

There appears to us no need for an investigation and hearing to be

Conducted by the employer who does not, to begin with, allege

Defend himself from.l