Admission of the Offense Being Charged may be a Reason to Dispense Actual Hearing
Admission operates against the person declaring such statements. While as a general rule a hearing or conference is required in employee dismissal if the worker admits having committed an offense it can stand as an exception to this rule.
The post below is based on the book Guide to V
alid Dismissal of Employees Second Edition (pp. 77-79).
Although the law and jurisprudence have been very emphatic in mandating the observance of hearing as part of the due process requirement, there are certain instances when hearing can be dispensed with.
One of these instances is when the employee expressly admits the offense. In the case of Philippine Pizza, Inc. vs. Bungabong (G.R. No. 154315, May 9, 2005) it is well settled that if the employee denies the charges against him, a hearing is necessary to thresh out any doubt.
But if the employee admits his responsibility for the act he was accused of, a formal hearing is no longer necessary.
There must be admission of guilt. If the employee merely narrated and explained what he did, without admitting his guilt, then conducting a hearing is required; otherwise, there is failure of due process and the dismissal may be declared illegal.
What is an admission?
Admissions mean confessions, concessions or voluntary acknowledgments made by a party of the existence of certain facts. More accurately regarded, they are statements by a party, or someone identified with him in legal interest, of the existence of a fact which is relevant to the cause of his adversary.
The act, declaration or omission of a party as to a relevant fact may be given in evidence against him. In view of all the statements made by the employee, whether it is an admission or not, the employer has to prove the same as an admission.
The burden of proof in termination cases lies upon the employer. The employer has to show that the dismissal was for just and valid cause. Failure to do so would necessarily mean that the dismissal was not justified and, therefore, was illegal.
Related topic: Admission by silence
An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him.
Silence constitutes an admission that fortifies the truth of the employee’s narration.
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