July 12, 2019

Ms. MA. MAE MANCINIDO 

Assistant Manager
HR/GA Department- LAGUNA METTS CORPORATION
118 East Science Avenue Special Export Processing Zone
Laguna Technopark, Biñan Laguna, Philippines, 4024

LEGAL OPINION: TERMINATION OF MR. NELSON LINSANGAN

Dear Ms. Mancinido:

A perusal of the facts shows that MR. NELSON LINSANGAN can be validly dismissed
under Article 282 of the Labor Code of the Philippines as amended. The company had
complied with both the the substantial and judicial due process required for
termination of employees. His non attendance decreases productivity and seriously
hamper operations. But this is an issue of whether or not there was abandonment of
work on the part of Mr. Linsangan.

Abandonment and absence without leave (AWOL) can sometimes be confused with
each other. But they are different things and have different effects. Absence without
leave (AWOL) is when an employee is absent and has not followed internal company
guidelines on leave. AWOL is not abandonment, although it may lead to abandonment.
In the eyes of the law, abandonment must be composed of 2 instances for it to be
claimed:
(a) the failure to report for work or absence without valid or justifiable reason; and
(b) 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. [G.R. 218384, Jul 3, 2017]

The second requirement can be proved just like in the case of in Agabon vs.
NLRC [G.R. 158693, Nov 17, 2004] when the company requested 2 employees to return
to work they did not because they were already working for another company and it
was held that their request for illegal dismissal was denied.

For abandonment to work as a ground for his dismissal the following steps can bolster
your case:
(a) Contact Mr, Linsangan several times and through different modes of
communications;
(b) Keep a log of the times and modes used in contacting Mr. Linsangan;
(c) If these attempts are unsuccessful, you’ve clearly shown that the employee has no
intention of returning to work and can substantiate that.

To this end, I respectfully submit that a Notice of Termination can be issued to Mr.
LINSANGAN.

ATTY. ARIS J. TALENS