Aparente, Sr. v. NLRC [G.R. No. 117652, April 27, 2000]

FACTS: Petitioner was employed by Coca-Cola Bottlers Phils. Inc., as assistant mechanic. Petitioner drove private respondent’s truck to install a panel sign and accidentally sideswiped a ten year old girl whose injuries incurred hospitalization expenses of up to Php 19, 534. 45. Such amount was not reimbursed by insurance as petitioner had no driver’s license at the time of the accident; therefore private respondent shouldered the expenses. Private respondent conducted an investigation where petitioner was given the opportunity to defend himself. Petitioner was then dismissed for violating the company rules and regulation for blatant disregard of established control procedures resulting in company damages.


ISSUE: W/N petitioner was validly dismissed.


HELD: Yes. Although petitioner contends that he was investigated simply for the offense of driving without a valid driver’s license, it was clear that he was fully aware that he was being investigated for his involvement in the vehicular accident. It was also known to him that the accident caused the victim to suffer serious injuries leading to expenses which the insurance refused to cover. Due process does not necessarily require a hearing, as long as one is given reasonable opportunity to be heard. Despite petitioner’s 18 years of satisfactory service and that the infraction committed by him was his first offense; petitioner’s dismissal is justified by the company rules and regulations. In order to constitute willful disobedience, the employee’s conduct must have been willful or intentional and the order violated must have been reasonable, lawful, made known to the employee and must pertains to the duties which he had been engaged to discharge. Such elements are attendant in the present case. Although an employee who is dismissed for just cause is not entitled to any financial assistance, due to equity considerations as this is petitioner’s first offense in 18 years of service, he is to be granted separation pay by way of financial assistance of ½ month’s pay every year of service.