G.R. NO. 143384 - DR. ERNESTO I. MAQUILING, VS. PHILIPPINE TUBERCULOSIS SOCIETY, INC..D E C I S I O N - Supreme Court E-Library

Ruling

accordingly to defend himself therefrom before dismissal is effected. [36] Clearly, the first notice must inform outright the employee that an investigation will be conducted on the charges particularized therein which, if proven, will result to his dismissal. Such notice must not only contain a plain statement of the charges of malfeasance or misfeasance but must categorically state the effect on his employment if the charges are proven to be true. This notice will afford the employee an opportunity to avail all defenses and exhaust all remedies to refute the allegations hurled against him for what is at stake is his very life and limb his employment. Otherwise, the employee may just disregard the notice as a warning without any disastrous consequence to be anticipated. Absent such statement, the first notice falls short of the requirement of due process. Ones work is everything, thus, it is not too exacting to impose this strict requirement on the part of the employer before the dismissal process be validly effected. This is in consonance with the rule that all doubts in the implementation and interpretation of the provisions of the Labor Code, including its implementing rules and regulations, shall be resolved in favor of labor. [37] It is worthy to note that the Labor Arbiter, the NLRC and the Court of Appeals all agree in concluding that procedural due process in the instant case was not observed. As revealed by the evidence on record, a confidential memorandum FN dated 2 April 1991 was sent to Dr. Maquiling by Soriano requiring him to explain in writing the matters contained therein. The text of the memorandum reads as follows: 02 April 1991 CONFIDENTIAL MEMORANDUM FOR: DR. ERNESTO I. MAQUILING Pursuant to the directive of the Board of Directors issued in its meeting on March 25, 1991, you are hereby instructed to report and explain in writing to this office, within five (5) days from notice hereof, on the following matters: The delayed GSIS remittances; The reported deficit of P7.3 million appearing in our financial statement for 1990; The expenses you approved and incurred in connection with the Dale Carnegie and Silva Mind Control Seminar; The P3.7 million miscellaneous expenses appearing in our financial statement; and Your reasons for renewing our service contract with Ultra. For immediate compliance. (SGD.) ATTY. ANDRES B. SORIANO OIC-Executive Director On 11 April 1991, Dr. Maquiling submitted his written reply. The second notice which informs Dr. Maquiling of the decision to terminate his employment was sent to him on 8 June 1991. It must be noted that the first notice dated 2 April 1991 is a mere instruction to explain the matters enumerated therein. It did not apprise Dr. Maquiling of any investigation to be conducted or being conducted that will warrant his dismissal from service if found guilty of charges specified therein. Thus, such notice fell short of the requirement of law that an employee must be afforded the benefit of t