CAINGAT V. NLRC (LABOR)

FACTS: Petitioner became the General Manager of Sta Lucia Realty and was discovered to have deposited company funds in his personal account and used such funds to pay his credit card purchases and trips abroad. Without conducting any investigation, company filed a complaint while petitioner filed a complaint for illegal dismissal.

HELD: While the dismissal may be truly justified by loss of confidence, management failed to observe fully the procedural requirement of due process for the termination of petitioner's employment.

Employer sent only one notice, no other notice was sent. Neither the public notice in the Phil Daily Inquirer, a newspaper could constitute substantial compliance. What the public notice did was to inform the public that petitioner was already separated as of June 20, 1996, the same day he was suspended.