En Banc

Felix B. Perez and Amante G. Doria, petitioners, v. Philippine Telegraph and Telephone
Company and Jose Luis Santiago, Respondents
GR No. 152048, April 7, 2009

Facts:

Felix Perez and Amante Doria were employees of the Shipping section Philippine
Telegraph and Telephone Company (PT&T).
They were dismissed from their jobs because of the anomaly on the increase of
freight costs for goods and the tampering of shipping documents.
Prior to the dismissal, petitioners were on preventive suspension for 30 days.
Labor arbiter found that the 30-day suspension and dismissal were both illegal.
PT&T brought the case to the National Labor Relations Commission (NLRC). NLRC
reversed the decision of the labor arbiter, indicating that the dismissal was just and
they were accorded due process.
Court of Appeals affirmed NLRCs decision, however, indicated that petitioners were
dismissed without due process.

Issue: Whether or not the accused were given two notice requirement in accordance with
the due process.

Ruling:

The Supreme Court ruled that the employee were illegally dismissed because other
than bare allegations that documents came into petitioners hands, employers failed
to provide evidence on the procedure in handling and approval of shipping requests.
Petitioners were neither apprised of the charges against them nor given a chance to
defend themselves.

They were arbitrarily separated from work and served notices of termination in
total disregard of their rights of due process and security of tenure.
In the case of suspension, petitioners contended that they were not paid during the
two 15-day suspensions. Art. 279 of the labor code states that employees are
entitled to reinstatement without loss of other privileges and allowances.
Group I
ALDENESE, Anthony John
BUCOY, Danica
CANAYA, Maricar Corina
CARAECLE, Janice
JAMASALI, Ramon
JIKIRI, Fatima Aisha