Due process

Twin-notice rule for employee dismissal

Just-cause dismissal needs a first notice of charges, time to answer, hearing/opportunity, then a second notice of decision.

First notice

State specific causes; give at least 5 calendar days to submit a written explanation (King of Kings, G.R. No. 166208, 29 June 2007).

Opportunity to be heard — formal hearing when requested or when substantial factual disputes exist.

Written notice of the decision and reasons after considering the explanation.

Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.

Authorized-cause notices?

30-day prior notice to employee and DOLE under Art. 298.

Skip notices?

Dismissal may be upheld for just cause but employer risks nominal damages (Agabon).

Template?

ocoai Firms twin-notice builder.

A.M. No. 08-8-7-SC small claims filing steps, venue, forms and final judgment.

SENA, RAB venue, position paper and 10-day appeal under Labor Code Art. 229.

Family Code Arts. 35–38, 36, 45–47: void vs voidable marriages and filing periods.