VIRGILIO AGABON, etal.v. NLRC

Facts: FACTS

Agabon worked for respondent Riviera Home Improvements, Inc. as gypsum and cornice installers. Their employment was terminated when they were dismissed for allegedly abandoning their work. Petitioners Agabon then filed a case ofillegal dismissal. Petitioner contends that Riviera violated the requirements ofnotice and hearing when the latter did not send written letters oftermination to their addresses.

Issue: 1. Whether the Agabons were illegally dismissed?

2. Whether Riviera violated the requirements of notice and hearing?

3. Is the violation of the procedural requirements of notice and hearing for termination of employees a violation of the Constitutional due process?

Held: 1. No. There was just cause for their dismissal and that is abandonment.

2.Yes. While the employer has the right to expect good performance,diligence, good conduct and loyalty from its employees, it also has the duty to provide just compensation to his employees and toobserve the procedural requirements of notice and hearing in thetermination ofhis employees.

3. No. Constitutional due processis that provided under the Constitution, which involves the protection of the individual against governmental oppression and the assurance of his rights In civil, criminal and administrative proceedings;statutory due processis that found in the Labor Code and its Implementing Rules and protects the individual from being unjustly terminated without just or authorized cause after noticeandhearing.The two aresimilarin that they both have two aspects:substantivedueprocess and procedural due process. However, they differ in that underthe Labor Code, the first one refers to the valid and authorized causes ofemployment termination, while the second one refers to the manner ofdismissal. A denial of statutory due process is not the same as a denial ofConstitutional due process for reasons enunciated inSerrano v. NLRC.