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Lex Traditia |
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Non-compliance with procedural due process, not invalidate dismissal, remedy is payment of nominal damages. In Agabon v. National Labor Relations Commission, we upheld as valid the dismissal for just cause although it did not comply with the requirements of procedural due process. We ruled that while the procedural infirmity cannot be cured, it should not invalidate the dismissal. However, the employer should be held liable for non-compliance with the procedural requirements of due process. The violation of Buguat's right to statutory due process by the petitioner warrants the payment of indemnity in the form of nominal damages in the amount of P30,000, which is appropriate under the circumstances. (CHALLENGE SOCKS CORPORATION vs. COURT OF APPEALS et al., G.R. No. 165268, November 8, 2005) Enter here for complete text. Download Supreme Court of the Philippines Jurisprudence here. Download Philippine Laws, Issuances and Circulars here. EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552,
RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
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