“Reasonable Oppurtunity” is Time-Bound Says the Supreme Court

As an element of due process in administrative investigations, “reasonable opportunity” is time-bound, said the Supreme Court in the recent case of Genuino v. NLRC, G.R. Nos. 142732-33, 4 December 2007, and gave the employee facing disciplinary action “at least five (5) days” to present and explain his side. Previously, the Court allowed the employer a wider latitude by generally permitting its giving the employee anywhere from 24 to 72 hours to study the accusation, consult a union officer or lawyer, gather data and other evidence in his defense or otherwise decide on the defenses he can raise against the charge or complaint against him. Further, the Court directs that the employer should schedule and conduct hearing or conference to afford the employee the opportunity to explain his side, present evidence in support of his defense, and rebut the evidence presented against him by management. Finally, the Court considers the period as providing as well the opportunity for the parties to consider and arrive at an amicable settlement of the case.