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Legal Effects of Non Compliance with Procedural Due Process
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Procedural due process is one of the requirements in employee dismissal. This simply involves the two-notice rule and the twin requirements.
The two-notice rule refers to the two notices required in employee dismissal. These are the first notice or Notice to Explain / NTE or Show Cause, etc., and the Notice of Dismissal, Notice of Termination.
Every company has terminology for the notices issued in dismissal cases. So, it is not about the term being used but the substance and contents of the notices being issued. However, I prefer to use the NTE term for consistency.
The term “twin requirements” refers to the notices and the hearing. The hearing does not require formal hearing seen in courtrooms. Just a usual meeting discussing the charges and allowing the employee being charged to explain would suffice.
However, in the case of Perez vs. PT&T, the Supreme Court (SC) declared that actual hearing is not necessary. Unless it is mandated in the company policy or so demanded by the employee in writing.
At any rate, it is better to overdo the due process compliance than to fall short. Optimizing the ample
opportunity for discussion of the charges would always be a better policy.
Non-compliance with the procedural due process at present does not have the fatal consequences it has in the past. Prior to the case of Agabon vs. NLRC, failure to comply with the procedure in employee dismissal could result in illegal dismissal.
The doctrine in Serrano vs. NLRC had already been abandoned in Agabon v. NLRC by ruling that if the dismissal is done without due process, the employer should indemnify the employee with nominal damages.
Thus, for non-compliance with the due process requirements in the termination of employment, the employer can be sanctioned to pay the employee the amount of thirty thousand pesos (PhP 30,000) as damages, whether or not the dismissal is illegal.
Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin 
Read more on procedural due process discussion by Atty. Elvin:
Read more on procedural due process by Atty. Villanueva:
Twin Requirements of Notice and Hearing
Procedural Due Process for Other Types of Employment
Notice to Explain: Contents and Requirements
