G.R. No. 96497 - San Miguel Corporation vs. National Labor Relations Commission

San Miguel Corporation (SMC) hired Alfredo Angat as a driver and assigned him to Beer Sales Route No. 7 in San Fernando, Pampanga.
One of Angat's companions on the route was Monico Pamintuan.
On September 6, 1986, Pamintuan went missing after collecting from SMC's customers.
Angat reported the disappearance to SMC and requested an audit of the balance of beer in the truck.
Angat turned over the correct amount of money to SMC.
It was later discovered that the salesmen of Beer Route No. 7, including Angat, were involved in a scheme where they borrowed merchandise from SMC's customers and hid it by imputing it as actual orders.
Angat was grounded and ordered to report to SMC's Head Office.
He was charged with misappropriating company funds, which he denied.
During the investigation, Angat allegedly admitted to borrowing merchandise from SMC's customers.
Angat later discovered that his name was included in a list of persons prohibited from entering company premises.
He filed a complaint for illegal dismissal against SMC.

To validly dismiss an employee, an employer must meet two conditions: the dismissal must be for a cause provided for in the law, and the employee must be given notice and hearing.
The investigation conducted by SMC did not accord Angat the opportunity to present his defense or adduce evidence on his behalf.
The investigation was merely a fact-finding proceeding aimed at establishing guilt, and Angat was not appraised of the charges against him or given an opportunity to defend himself.
While the absence of notice and hearing does not automatic...continue reading