In the Philippine labor law landscape, the principle of Administrative Due Process serves as the bedrock of any disciplinary action. When an employer conducts an internal investigation, they often rely on witness statements to justify a termination. However, if those statements are curated, coerced, or "one-sided," the employee has the right to challenge the validity of the dismissal before the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).
1. The Right to Cross-Examine and Confront
Under the "Two-Notice Rule," an employee must be given a fair opportunity to explain their side. While a formal trial-type hearing is not always mandatory in the workplace, the Philippine Supreme Court has consistently ruled that the employee must be informed of the evidence against them.
If an employer terminates an employee based solely on affidavits from witnesses that the employee was never allowed to see or refute, this may constitute a violation of procedural due process.
Key Concerns with One-Sided Statements:
- Hearsay Evidence: Statements not based on personal knowledge but on office gossip.
- Coerced Testimony: Subordinates forced to sign templates prepared by Management or HR.
- Lack of Specificity: Vague allegations (e.g., "he is lazy") without dates, times, or specific incidents.
2. Grounds for Appeal to DOLE/NLRC
If an employee believes the witness statements used against them were fabricated or biased, they can file a complaint for Illegal Dismissal. The burden of proof in these cases rests entirely on the employer.
The "Substantial Evidence" Rule
In labor cases, the standard of proof is Substantial Evidence—that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
- If the employer’s only evidence is a "one-sided" statement from a biased supervisor, and the employee provides counter-evidence (logs, emails, or neutral witness statements), the Labor Arbiter may rule that the employer failed to meet this burden.
3. Remedies for the Employee
When an appeal is filed, the employee typically seeks the following reliefs:
| Remedy | Description |
|---|---|
| Reinstatement | Restoring the employee to their former position without loss of seniority. |
| Full Backwages | Payment of salaries and benefits lost from the time of illegal dismissal until actual reinstatement. |
| Moral/Exemplary Damages | Awarded if the dismissal was done in a wanton, oppressive, or fraudulent manner (e.g., faking witness statements). |
| Attorney’s Fees | Usually 10% of the total monetary award. |
4. The "Affidavit of Desistance" or Recantation
A common occurrence in DOLE appeals is when a witness later retracts their statement, claiming they were "forced" by the employer to sign it. While the NLRC views recantations with caution, they can significantly weaken the employer's case if the witness provides credible testimony regarding management pressure.
5. Practical Steps for Employees
If you are facing an investigation where you believe witness statements are biased:
- Request Copies: Explicitly ask for copies of the witness affidavits during the administrative hearing.
- Submit a Written Rebuttal: Do not just argue orally. Provide a written response (Position Paper) specifically pointing out inconsistencies in the witnesses' claims.
- Secure Your Own Witnesses: Gather statements from co-workers who can provide a neutral or contrary perspective.
- File a Request for Assistance (SENA): Before a full-blown case, the Single Entry Approach (SENA) at DOLE allows for a 30-day conciliation-mediation period to settle the dispute.
Legal Note: Under the Labor Code of the Philippines, any ambiguity in the interpretation of the law or evidence is resolved in favor of the employee. This is known as the "Protection to Labor" clause of the Constitution.