First & Second-Notice Requires in Labor Law Due Process

The memorandum directing Mateo to be present for investigation clearly provided the reasons or grounds for Mateo’s investigation. As stated there, the grounds were the “alleged carnapping of motorcycle and the alleged pilferage of a package”. Nothing could be clearer. What the law merely requires is that the employee be informed of the particular acts or omissions for which his dismissal is sought. The memorandum did just that. Mateo was thereafter given the opportunity to explain his side and was handed the requisite second notice (of termination). Procedural due process was therefore complied with. (Sycip, Gorres, Velayo & Company vs. De Raedt; G.R. No. 161366; June 16, 2009)