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    Vinta Maritime V NLRC, G.R. No. 113911, January 23, 1998

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    Lyle Bucol
    Leonides Basconsillo filed a complaint with POEA against Vinta Maritime Co. Inc. and Elkano Ship Management, Inc. for illegal dismissal. POEA and NLRC ruled in favor of Basconsillo, finding his dismissal illegal. The Supreme Court affirmed, stating that due process in administrative proceedings does not necessarily require a hearing, and is satisfied when parties can submit position papers. Technical rules of procedure and evidence also do not strictly apply in administrative cases.

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    Vinta Maritime V NLRC, G.R. No. 113911, January 23, 1998

    Uploaded by

    Lyle Bucol
    341 views1 page
    Leonides Basconsillo filed a complaint with POEA against Vinta Maritime Co. Inc. and Elkano Ship Management, Inc. for illegal dismissal. POEA and NLRC ruled in favor of Basconsillo, finding his dismissal illegal. The Supreme Court affirmed, stating that due process in administrative proceedings does not necessarily require a hearing, and is satisfied when parties can submit position papers. Technical rules of procedure and evidence also do not strictly apply in administrative cases.

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    10. Vinta Maritime v NLRC, G.R. No. 113911, January 23, 1998

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    Leonides Basconsillo filed a complaint with POEA against Vinta Maritime Co. Inc. and Elkano Ship Management, Inc. for illegal dismissal. POEA and NLRC ruled in favor of Basconsillo, finding his dismissal illegal. The Supreme Court affirmed, stating that due process in administrative proceedings does not necessarily require a hearing, and is satisfied when parties can submit position papers. Technical rules of procedure and evidence also do not strictly apply in administrative cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    341 views1 page

    Vinta Maritime V NLRC, G.R. No. 113911, January 23, 1998

    Uploaded by

    Lyle Bucol
    Leonides Basconsillo filed a complaint with POEA against Vinta Maritime Co. Inc. and Elkano Ship Management, Inc. for illegal dismissal. POEA and NLRC ruled in favor of Basconsillo, finding his dismissal illegal. The Supreme Court affirmed, stating that due process in administrative proceedings does not necessarily require a hearing, and is satisfied when parties can submit position papers. Technical rules of procedure and evidence also do not strictly apply in administrative cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Vinta Maritime v NLRC, G.R. No.

    113911, January 23, 1998

    Facts: Leonides Basconsillo, private respondent, filed a complaint with the Philippine Overseas
    Employment Administration IPOEA) for illegal dismissal against Vinta Maritime Co. Inc. and Elkano Ship
    Management, Inc. petitioners alleged that Leonides was dismissed for his gross negligence and
    incompetent performance as chief engineer of the M/V Boracay.

    The POEA ruled that private respondent was illegally dismissed. On appeal, the NLRC affirmed the POEA.
    Likewise, the NLRC denied the motion for reconsideration. Hence, this petition.

    Issue: Whether or not administrative due process is indispensable.

    Ruling: NO. Due process does not necessarily mean or require a hearing, but simply an opportunity or a
    right to be heard. The requirements of due process are deemed to have been satisfied when parties are
    given the opportunity to submit position papers.[14] The holding of an adversarial trial is discretionary
    on the labor arbiter and the parties cannot demand it as a matter of right.[15] More often than not, a
    litigant may be heard more creditably through pleadings than through oral arguments. In administrative
    proceedings, technical rules of procedure and evidence are not strictly applied; administrative due
    process cannot be fully equated with due process in its strict judicial sense.

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