Dismissal with Just or Authorized Cause but Defective Due Process: Still a Valid Dismissal

An employee’s removal for just or authorized cause but without complying with the proper procedure, on the other hand, does not invalidate the dismissal. (Distribution & Control Products, Inc. vs. Jeffrey Santos, G.R. No. 212616, July 10, 2017)

 The law and jurisprudence allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. (Libcap Marketing Corp. vs. Lanny Jean Baquial, G.R. No. 192011, June 30, 2014)

THE SUPREME COURT DECIDES: The trial court’s ruling lacked sufficient analysis of factors such as Winston’s health, safety, and emotional well-being, as well as his preference and any potential detrimental conditions. This oversight indicates that the court did not fully address the essential factors required to determine the most suitable custodial arrangement for Winston.

In this case, since Catherine was not married to respondent, she had sole parental authority over her illegitimate son, Winston. After her death, custody was granted to Winston’s collateral grandparents under the Family Code. This substitute parental authority is not permanent and can be reviewed by the court, which must consider the child’s best interests.

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