Hearing may not be Necessary in Dismissal in Certain Cases

Hearing or conference is mandatory if the employee requests for it in writing or when so provided in the company policy based on the ruling of the Supreme Court (SC) in the case of Perez vs. PT&T (G.R. No. 152048, April 7, 2009).

Although the law and jurisprudence have been very emphatic in mandating the observance of hearing as part of the due process requirement, there are certain instances when hearing can be dispensed with. Further, caveat has to be made since there is also a decision holding that hearing is required in authorized cause.

At any rate, the following discussions make mention of the cases wherein there is severance of employment relationship and yet no hearing is required.

1. When there is an admission of guilt by the employee.

In the case of Philippine Pizza, Inc. vs. Bungabong the SC held that it is well settled that if the employee denies the charges against him, a hearing is necessary to thresh out any doubt.

But if the employee admits his responsibility for the act he was accused of, a formal hearing is no longer necessary.

There must be admission of guilt. If the employee merely narrated and explained what he did, without admitting his guilt, then conducting a hearing is required; otherwise, there is failure of due process and the dismissal may be declared illegal.

2. Admission by silence

An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him.

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

Silence constitutes an admission that fortifies the truth of the employee’s narration.

3. When termination is due to authorized cause

When termination is due to authorized causes under Article 298.

No hearing is required for the termination due to authorized causes or those grounds under Article 298 of the Labor Code, as amended.

But there must be at least one-month notice to the employee and a report to the DOLE for the same period prior to the effective date of the termination.

In employment terminations due to authorized causes, the due process requirement is not completely

done away with. Investigation and hearing need not be done by the employer. The reason is obvious, there is no need for investigation and hearing since no allegations of malfeasance or nonfeasance on the part of the employee have been made.

Thus, to require the employer to hold a hearing, at which the employee would have had the right to be present, on the business and financial circumstances compelling retrenchment and resulting in redundancy, would be to impose upon the employer an unnecessary and inutile hearing as a condition for legality of termination.