Valladolid v Inciong; G.R. Nos. L-52364 & L-53349; 25 Mar 1983; 121 SCRA 205

in Legal Chyme by

Petitioner Ricardo Valladolid was refused admittance by JRM when he reported for work on February 16, 1979 from a cumulative 50-day leave. [He requested a five-day vacation leave on December 30, 1978, a fifteen-day sick leave on January 8, 1979 and a thirty-day sick leave on January 23, 1979. Only the first two leaves were granted.]

On February 22, 1979, he filed for illegal dismissal with vacation and sick leave pay.

On February 28, 1979, JRM filed an application for clearance with the Ministry of Labor for willful breach of trust and gross neglect of duty.

On May 2, 1979, the Regional Director issued the order denying the application for clearance with preventive suspension and directing JRM to reinstate Valladolid to his former position without backwages and without loss of seniority rights.

Whether or not JRM was deprived of due process by the Regional Director of the Ministry of Labor.

NO. JRM cannot claim that it was deprived of due process considering that applications for clearance have to be summarily investigated and a decision required to be rendered within ten (10) days from the filing of the opposition. There is no violation of due process where the Regional Director merely required the submission of position papers and resolved the case summarily thereafter.

Petitions are DENIED.

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