c. Damages and Attorney’s Fees

November 2004 – Present (Agabon Doctrine)

• If the employer proves just cause for dismissal but fails to observe statutory due process, the dismissal remains valid. Without just cause, the dismissal is illegal.
• Employer’s liability for failure to observe statutory due process: Nominal damages (ordinarily ₱30,000). Agabon v. NLRC, G.R. No. 158693, November 17, 2004.