De Guzman (employee-petitioner)

vs
NLRC and Phil Rabbit Bus Line Company (employer)

G.R. No. 167701 Dec. 12, 2007

FACTS:

1. Fernandito De Guzman is a bus conductor of Phil. Rabbit Bus Line

Company.

2. Employee applied for two consecutive leave of absences. However,

such application was not approved by the company but employee still
absented.

3. Company put employee to preventive suspension and required him to

explain his side. Subsequently, he was also required to report to main
office to explain his side to company president.

4. He was allowed to report back to work but not given any work. He
reported regularly but he was still not given any work assignment.
After six months, he filed filed a Complaint against respondent
company for illegal dismissal, underpayment/nonpayment of overtime
pay, premium pay for holiday and rest day and service incentive leave
pay, as well as moral and exemplary damages.

LA dismissed the case directed company to pay separation pay of one-

month pay for every service rendered.

NLRC affirmed LA with modification to separation pay to ₱10k.

CA reinstated separation pay as found by LA

ISSUE: WoN the dismissal of employee is valid?

No. In order for the dismissal to be valid, there must be a showing

that (1) the dismissal was for a just or authorized cause and that (2)
it observed procedural due process by giving the employee two notices:
one, of the intention to dismiss, indicating therein his acts or
omissions complained against, and two, notice of the decision to
dismiss; and an opportunity to answer and rebut the charges against
him, in between such notices.

To constitute abandonment, two elements must concur: (1) the failure

to report for work or absence without valid or justifiable reason, and
(2) a clear intention to sever the employer-employee relationship,
with the second element as the more determinative factor and being
manifested by some overt acts. Mere absence is not sufficient. The
burden of proof is on the employer to show an unequivocal intent on
the part of the employee to discontinue employment.

In the case, there is no showing of the above requirements. Hence,

dismissal invalid.