JENNY M. AGABON and VIRGILIO C.

AGABON, petitioners,
vs.
NATIONAL LABOR RELATIONS COMMISSION (NLRC), RIVIERA HOME IMPROVEMENTS,
INC. and VICENTE ANGELES, respondents.
Facts:
Facts: Virgilio and Jenny Agabon were cornice installers of Riviera Home
Improvements, a company engaged in the business of selling ornamental
construction materials. They were employed from January 2, 1992 until February 23,
1999, when they were dismissed for abandonment of work. Petitioners assert that
they were dismissed because the private respondent refused to give them
assignments unless they agreed to work on a "pakyaw" basis when they reported
for duty on February 23, 1999. They did not agree on this arrangement because it
would mean losing benefits as Social Security System (SSS) members. Petitioners
also claim that private respondent did not comply with the twin requirements of
notice and hearing.
Private respondent, on the other hand, maintained that petitioners were not
dismissed but had abandoned their work.9 In fact, private respondent sent two
letters to the last known addresses of the petitioners advising them to report for
work. Private respondent's manager even talked to petitioner Virgilio Agabon by
telephone sometime in June 1999 to tell him about the new assignment at Pacific
Plaza Towers involving 40,000 square meters of cornice installation work. However,
petitioners did not report for work because they had subcontracted to perform
installation work for another company. Petitioners also demanded for an increase in
their wage to P280.00 per day. When this was not granted, petitioners stopped
reporting for work and filed the illegal dismissal case
The Agabons filed a complaint for illegal dismissal before the LA, who ruled in their
favor. The NLRC reversed on appeal. The CA sustained the NLRCs decision. The
Agabons further appealed to the SC, disputing the finding of abandonment, and
claiming that the company did not comply with the twin requirements of notice and
hearing.
Issue: WON the Agabons were illegally dismissed
Held: No, The terminations were legal for just or authorized causes. SC upheld the
finding of abandonment, because the act of the Agabons in seeking employment
elsewhere clearly showed a deliberate intent to sever the Employee Employer
relationship. Nonetheless, there was no procedural due process because Employer
did not send the requisite notices to the last known address of the employees.
Employer only gave a flimsy excuse that the notice would be useless because the

Employees no longer lived there. This is not a valid excuse, they should have still
sent a notice as mandated by law.
For not sending the requisite notices, the ER should be held liable for noncompliance with the procedural requirements of due process.
WHEREFORE, in view of the foregoing, the petition is DENIED. The decision of the
Court of Appeals dated January 23, 2003, in CA-G.R. SP No. 63017, finding that
petitioners' Jenny and Virgilio Agabon abandoned their work, and ordering private
respondent to pay each of the petitioners holiday pay for four regular holidays from
1996 to 1998, in the amount of P6,520.00, service incentive leave pay for the same
period in the amount of P3,255.00 and the balance of Virgilio Agabon's thirteenth
month pay for 1998 in the amount of P2,150.00 is AFFIRMED with the
MODIFICATION that private respondent Riviera Home Improvements, Inc. is further
ORDERED to pay each of the petitioners the amount of P30,000.00 as nominal
damages for non-compliance with statutory due process.