Cleary, the Respondent violated the statutory right of the herein complainant i.e.

his right
to be furnished of the two written notice prior to dismissal as specifically provided by Article
277 (b) of the Labor Code of the Philippines. In a case like this, the proper award is nominal
damages under the Civil Code as it is aimed to vindicate the right to procedural due process
violated by the employer. In the case of Jenny Agabon and Virgilio Agabon vs. NLRC (G.R. No.
158693, November 17, 2004), for lack of statutory due process, the employer was ordered to
indemnify the employee for the violation of his statutory right which warrants the indemnity in
the form of nominal damages. Likewise the herein Complainant is entitled to moral damages
because the dismissal of the complainant was attended by bad faith of constitutive of an act
oppressive to labor. In the case of Lim vs. National Labor Relations Commission [GR No. 79907
March 16, 1989], the Supreme Court uphold the award of moral as well as exemplary damages in
view of the bad faith attendant to the treatment of the employee. In the instant case, there is no
other plausible explanation for the acts (or its conspicuous absence) of the Respondent of the
manner wherein the Complainant was deprived of his employment except bad faith.