Hanston Balonan
1- E
Salaw v NLRC
Facts:
- Salaw was employed by Associated
Bank as a credit investigator-
appraiser
- His duties consists of appraising
company’s foreclosed assets, giving
valuation to its real properties, and
verifying the genuineness and
encumbrances of titles of properties
mortgaged to Associated Bank
- Criminal Investigation Service of
Philippine constabulary from Salaw
without a counsel regarding an
illegal sale that was done by Salaw
and one of his co-employees of
sewing machines and electric
generator mortgaged to Associate
Bank
- The proceeds of this sale was split
equally between Salaw and his co-
employee
- Bank manager of Associated Bank
requests the presence of Salaw to
appear before bank’s Personnel
Discipline and Investigation
Committee
- Salaw replied his acceptance but was
denied counsel or representative
- Salaw was fired
- Salaw files a case to NLRC for
illegal dismissal
- NLRC held in favor of Salaw
Issue: Whether or not being denied counsel
is against the constitution and therefore
illegal dismissal
Held: Yes
- Two requirements for valid dismissal
of an employee
o Notice
o Hearing
- Salaw was not given ample
opportunity to be heard and to
defend himself against his charges
when he was not given the right to
counsel or representative
- 1987 Constitution Article 3 sec 12
o Any person under
investigation for the
commission of an offense
shall have the right to have
compete and independent
counsel preferably his own
choice. If the person cannot
afford the service of a
counsel, he must be provided
with one
o These rights cannot be
waived without writing in
presence of counsel
o Any confession obtained
without the requirements
mentioned above, shall be
inadmissible
- Associated Bank did not meet other
requirements of due process in
administrative hearings
o A right to hearing where
accused can present his own
case and submit evidence in
support thereof
o Tribunal must consider
evidence presented
o Decision must be supported
by something
o Evidence supporting
conclusion must be
substantial
o Decision rendered must be
disclosed to parties affected
o Judges must act in his or her
own independent
consideration
o Decision shows issues
involved
- Evidence presented by Associated
Bank (Sworn Statement acquired by
CIS) cannot be accepted since it was
done without counsel
o No substantial evidence to
support conclusion