2023 BAR Q. NO.

1: Santos Hauling Incorporated (SHI) dismissed its drivers and helpers after
discovering that they were committing anomalous transactions involving the sale of excess
broilers and crates, without the knowledge and consent of SHI. The drivers and helpers filed a
complaint for illegal dismissal against SHI. In its defense, SHI presented as evidence the
affidavits of co-employees narrating the alleged anomalous transactions in detail. May the
drivers and helpers be dismissed on the basis of these affidavits? Explain your answer.

Analyzing the given scenario involves a careful consideration of the facts, applicable laws, and
the resolution of the issues raised by the dismissal of the drivers and helpers.

Here is an analysis based on the criteria mentioned:

1. Proper understanding and appreciation of facts:

• The key facts include the dismissal of drivers and helpers by Santos Hauling
Incorporated (SHI) due to alleged anomalous transactions involving the sale of
excess broilers and crates without SHI's knowledge and consent.
• Affidavits of co-employees detailing the alleged anomalous transactions have
been presented as evidence by SHI.

2. Appreciation of applicable laws:

• In employment law, termination may be considered illegal if it is done without

just cause, meaning the absence of substantive due process.
• Article 297 of the Labor Code provides specific just cause for termination, such as
serious misconduct, willful disobedience to lawful order, fraud or willful breach
of the trust reposed by the employer, commission of a crime and analogous
causes.

3. Recognition of issues/posed:

• The main issue is whether the dismissal of drivers and helpers by SHI is justified
based on the affidavits of co-employees detailing the alleged anomalous
transactions.

4. Resolution of issues through the analysis and application of law to the given facts:

• The affidavits may serve as evidence, but it's essential to ensure that the alleged
anomalous transactions constitute just cause for dismissal under the applicable
labor laws.
• If the drivers and helpers indeed engaged in serious misconduct, fraud or willful
breach of trust, SHI might have just cause for dismissal. However, substantive
due process must be followed, and the evidence should be carefully evaluated.

5. Presentation and articulation of the answer:

• The drivers and helpers cannot be summarily dismissed based solely on affidavits.
Substantive due process must be observed.
• The resolution will depend on whether the alleged anomalous transactions, if
proven true, constitute just cause for dismissal. If so, the dismissal may be
justified; otherwise, it may be considered illegal.

In conclusion, the dismissal of the drivers and helpers should be subject to a thorough
investigation, considering the aspect of statutory due process, the presence of substantive due
process - the specific just cause for termination under the Labor Code. The answer should be
presented in a balanced manner, weighing the evidence and applicable laws to determine the
legality of the dismissal.