Such other causes must be analogous to any of the following:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; and
4. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives;

For an employee to be validly dismissed for a cause analogous to those enumerated in Article 297, the cause must involve a voluntary and/or willful act or omission of the employee.

In the old case of Nadura vs. Benguet Consolidated the employer claims that asthma is an illness that is analogous to causes of dismissal in the then governing law RA 1787 which carries almost the same

enumeration as the current Article 297 of the Labor Code.

In denying the claim, the Supreme Court ruled that it is clear that, except the just cause mentioned in subparagraph 1(a) all the others expressly enumerated in the law are due to the voluntary and/or willful act of the employee. How Nadura’s illness could be considered as “analogous” to any one of them is beyond the Court’s understanding, there being no claim or pretense that the same was contracted through his own voluntary act.

There is no exact parameter that will determine that a particular act falls under analogous causes. However, one must be guided by jurisprudence like the following: (See citations from Atty. Elvin’s book Guide to Valid Dismissal of Employees 2^nd Edition)

1. Stealing of co-employee’s credit cards;
2. Theft committed by an employee against a per- son other than his employer, if proven by substantial evidence, is a cause analogous to serious misconduct
3. Violation of company rules and regulations;
4. Attitude problem of an employee who cannot get along with co-employees, if proven, may be cause for dismissal. It affects the work environment and peace of the company;
5. The harassment of an employee by a co- employee within the company premises even after office hours is a work-related matter considering that the peace of the company is thereby affected. In this case a male employee embraced and kissed a female co-worker causing pains in the foot and shoulder of the latter.
6. Incompetence or inefficiency;
7. Failure to make work quota; and
8. Obesity of a flight attendant. This constitutes his failure to meet the employer’s qualifying standards.

Under Department of Labor and Employment’s (DOLE) Department Order (DO) No. 147-15, for analogous cause to be valid ground for termination, the following must be present:

1. There must be act or omission similar to those specified just causes; and
2. The act or omission must be voluntary and/or willful on the part of the employees.

Further, the DO states that no act or omission shall be considered as analogous cause unless expressly specified in the company rules and regulations or policies.

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