Pedro worked as a crane operator for a construction company. One day, he was caught using illegal and prohibited drugs. He was placed on two-month suspension, and told to get a confirmatory test after a month. He followed up with the company repeatedly, but he never heard from them. Pedro then filed a case for illegal dismissal. Was he illegally dismissed?

No, he was not. Termination of employment due to use of prohibited substances is a recgonized just cause under the law. However, for failure to observe procedural due process, the company was adjuged to pay ₱30,000.00 in nominal damages. The Court explained that even though the ground was correct, the right of the employee to be informed of the alleged infraction and the right to explain himself was not respected. Hence, to vindicate this invasion of rights, nominal damages were awarded to Pedro.

• Villarico v. DMCI. G.R. No. 255602, March 03, 2025.