Friday, February 24, 2012

Nominal damages awarded for nonobservance of due process where dismissal was based on valid grounds - G.R. No. 172223

G.R. No. 172223

"x x x.

The records support Dalangin’s contention. The notice served on him did not give him a reasonable time, from the effective date of his separation, as required by the rules. He was dismissed on the very day the notice was given to him, or, on October 27, 2001. Although we cannot invalidate his dismissal in light of the valid cause for his separation, the company’s non-compliance with the notice requirement entitles Dalangin to indemnity, in the form of nominal damages in an amount subject to our discretion.[40]Under the circumstances, we consider appropriate an award of nominal damages ofP10,000.00 to Dalangin.

x x x."