GR L 51580; (December, 1991) (Digest)
G.R. No. L-51580 December 2, 1991
DAVID P. MACAYAYONG, petitioner, vs. HON. BLAS OPLE, et al., respondents.
FACTS
Petitioner David P. Macayayong, a Legal Officer III detailed from the Bureau of Labor Standards to various offices in the Office of the President, was ordered recalled by the Secretary of Labor. Despite reporting to his home office briefly, he later returned to a Malacañang unit under a new detail arranged without his department’s knowledge. The Secretary of Labor subsequently issued repeated recall orders and warnings that failure to report would result in his being dropped from the rolls.
The Secretary of Labor, finding that Macayayong defied these recall orders, issued an order on January 23, 1976, dropping him from the roster for “Abandonment of Post.” Macayayong appealed to the Civil Service Commission, which affirmed the order. He further appealed to the Office of the President, where respondent Jacobo Clave, in his capacity as Presidential Executive Assistant, affirmed the Civil Service Commission’s resolution. Macayayong then filed this petition, alleging a denial of due process in his summary dismissal.
ISSUE
Whether or not petitioner’s summary dismissal from service constituted a violation of due process of law.
RULING
The Supreme Court dismissed the petition, ruling there was no denial of due process. The legal logic centers on the substantive nature of due process, which requires fairness and the opportunity to be heard, not merely rigid adherence to formal notice requirements. The Court found that Macayayong received multiple notices urging his return and warning of dismissal. Even assuming his claim that final notices were received just before his dismissal was effective, due process was not violated because he was subsequently afforded full opportunity to present his case.
The Court emphasized that the essence of due process is the opportunity to be heard. This requirement was satisfied when Macayayong exhaustively appealed the dismissal order to the Civil Service Commission and then to the Office of the President. Jurisprudence holds that an appeal or motion for reconsideration can cure any alleged defect in an initial lack of hearing. On the merits, the employer retains the right to dismiss for cause, provided due process norms are observed, which were met in this case. The petition was therefore without merit.