March 12, 2018

Mr. Jacob del Pillas

16 Annapolis St.
Cubao, Quezon City

Dear Mr. Banag:

Thank you for meeting with me this past week. In this letter, I will provide you with
my legal opinion and analysis so you can make a qualified decision regarding the
dismissal you faced. I will first restate the facts, as I know them, to confirm their
accuracy. Next, I will provide you with an explanation of the law as it applies in your
case, and lastly, give you my opinion on the steps and remedies you may take.

You started as call center agent 1, employed by Intel Service Philippines in 2012.
Prior to your dismissal, he was already a team leader. On March 11, 2018, you were
called by the Human Resource Officer and were accused of using the Internet during
office hours. Right there and then, you were told that your service is no longer
needed and that you are terminated, effective immediately.

Under the Article 279 of Labor Code of the Philippines, it is provided that “In cases
of regular employment, the employer shall not terminate the services of an employee
except for a just cause or when authorized by this Title. An employee who is unjustly
dismissed from work shall be entitled to reinstatement without loss of seniority rights
and other privileges and to his full backwages, inclusive of allowances, and to his other
benefits or their monetary equivalent computed from the time his compensation was
withheld from him up to the time of his actual reinstatement.

Also, under Article 282 of the Labor Code An employer may terminate an
employment for any of the following causes: a. Serious misconduct or willful
disobedience by the employee of the lawful orders of his employer or representative in
connection with his work; b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust reposed in him by his employer
or duly authorized representative; d. 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; and e. Other causes analogous to the foregoing

Basically, these provisions speak of statutory basis for dismissal of an employee. On

the other hand, the 1987 Constitution requires the twin notice and hearing. Also, in
the case of Manggagawa ng Komunikasyon sa Pilipinas vs. NLRC, the Supreme
Court ruled that the employer is required to furnish an employee who is to be
dismissed with two written notices which are, first, Pre-notice which specifies the
acts committed by him which may constitute as a ground for termination and the
grounds for termination and Post-Notice which indicates the due consideration of
all circumstances and grounds that justify his termination.
Thus, in you case, there is clearly a violation of both substantive and procedural due
process.

First, the ground for dismissal in your case does not fall to any of the just causes for
dismissal under Article 282 of the Labor Code, because first, conduct complained is
not serious and do not relate to your duty as employee, second, there is no order
that you disobeyed, third, there is no gross neglect of duty and lastly, no fraud
committed against your employer.

Apparently, the dismissal is without just cause and therefore violative of your
substantive due process.

Also, there is a clear violation of your procedural due process. The Section 1 Article
III of 1987 Constitution itself provides that no person shall be deprived of due
process of law. Due process requires the twin requisite of notice and hearing. Thus,
as the famous legal line which says, “Strike, but hear me first” provides that one
must be given opportunity to be heard. Thus, in your case, you were clearly
deprived of the procedural due process of notice and hearing since you were not
given the opportunity to know the allegations against you and the opportunity to
defend yourself. You were immediately terminated without affording ample time to
defend yourself.

Also, the burden of proof is upon the employer that you have committed acts which
may constitute as sufficient ground for dismissal and such grounds must be proved
with substantial evidence. Clearly, in your case, such burden of proof was not
reached as there was no valid decision or resolution which would show the basis of
such illegal dismissal.

With all that, my legal opinion is for you to file a case for illegal dismissal before the
Labor Arbiter questioning the legality of your dismissal. In the said case, you may
seek for the following reliefs and ask the labor arbiter for:
a) reinstatement without loss of seniority rights and other privileges to his
b) full backwages, inclusive of allowances,
c) other benefits or their monetary equivalent computed from the time his
compensation was withheld from him up to the time of his actual
reinstatement

Please do not hesitate to call me with any questions you may have or if you need
assistance in pursuing your case.

Most Sincerely,

Atty. MLSA