Category: Labor Law

— Labor Law —

PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. AGUINALDO G.R. No. 149974 June 15, 2005 Constructive dismissal, Management prerogative

June 19, 2018

Settled is the rule that findings of facts of the Court of Appeals are accorded respect, even finality, and will not be disturbed especially where such findings are supported by substantial evidence. One of the exceptions, however, is when there is a variance between the findings of the NLRC and the Court of Appeals, as… Read More PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. AGUINALDO G.R. No. 149974 June 15, 2005 Constructive dismissal, Management prerogative

— Labor Law —

EQUIPMENT TECHNICAL SERVICES vs. CA G.R. No. 157680    October 8, 2008 Seasonal or Project workers, Termination of Employment

June 19, 2018

  In termination disputes, the burden of proving that an employee had been dismissed for a lawful cause or that the exacting procedural requirements under the Labor Code had been complied with lies with the employer. Where there is no showing of a clear, valid, and legal cause for termination of employment, the law considers… Read More EQUIPMENT TECHNICAL SERVICES vs. CA G.R. No. 157680    October 8, 2008 Seasonal or Project workers, Termination of Employment

— Labor Law —

UNIVERSAL ROBINA vs. CATAPANG et al. G.R. No. 164736 October 14, 2005 Labor, Employer-Employee Relationship

January 16, 2018

FACTS: The individual respondents were hired by the petitioner company on various dates from 1991 to 1993 to work at its duck farm in Laguna. The respondents were hired under an employment contract which provided for a five-month period. After the expiration of the said employment contracts, the petitioner company would renew them and re-employ… Read More UNIVERSAL ROBINA vs. CATAPANG et al. G.R. No. 164736 October 14, 2005 Labor, Employer-Employee Relationship

— Constitutional Law, Labor Law —

Serrano vs. Gallant Maritime Services G.R. No. 167614 March 24, 2009 Non-impairment of Contract Clause, OFW Employment Contract

December 4, 2017

FACTS: For Antonio Serrano, a Filipino seafarer, the last clause in the 5th paragraph of Section 10, Republic Act (R.A.) No. 8042, does not magnify the contributions of OFWs to national development, but exacerbates the hardships borne by them by unduly limiting their entitlement in case of illegal dismissal to their lump-sum salary either for… Read More Serrano vs. Gallant Maritime Services G.R. No. 167614 March 24, 2009 Non-impairment of Contract Clause, OFW Employment Contract

— Labor Law —

Fuentes vs. Caguimbal G.R. No. 150305 November 22, 2007 Tenancy

November 9, 2017

FACTS: Honofre Fuentes is the owner of the property being claimed in this case. Said property is located in Calatagan, Batangas. Petitioner filed an action for unlawful detainer against Felomino Caguimbal, alleging that in 1991, he allowed respondent to occupy the property rent-free, subject to the condition that the latter will vacate the property when… Read More Fuentes vs. Caguimbal G.R. No. 150305 November 22, 2007 Tenancy

— Labor Law —

FILAMER CHRISTIAN INST. VS. IAC G.R. No. 75112 August 17, 1992

November 2, 2017

    FACTS: Kapunan, Sr. an 82 year old retired teacher, was struck by a jeepney owned by Filamer Christian Institute and driven by its alleged employee, Funtecha. Kapunan was hospitalized for 20 days. He thus instituted a criminal case against Funtecha alone, who was convicted for serious physical injuries through reckless imprudence. Thereafter, pursuant… Read More FILAMER CHRISTIAN INST. VS. IAC G.R. No. 75112 August 17, 1992

— Labor Law —

NASECO vs. NLRC, et.al. G.R. No. L-69870 November 29 ,1988 Illegal Dismissal

November 2, 2017

    FACTS: Eugenia Credo, Chief of Property and Records of NATIONAL SERVICE CORPORATION (NASECO) filed a complaint before the Arbitration Branch of the Ministry of Labor after having been placed in forced leave without due process. Said forced leave was a product of her alleged non-compliance of a memorandum coming from a Finance Manager,… Read More NASECO vs. NLRC, et.al. G.R. No. L-69870 November 29 ,1988 Illegal Dismissal

— Labor Law —

NITO ENTERPRISES VS. NLRC G.R. No. 114337 September 29, 1995 Apprenticeship

November 2, 2017

  FACTS: Petitioner Nito Enterprises hired Capili as an apprentice machinist under an apprenticeship agreement for six months for a daily wage, which was 75% of applicable minimum wage. However, shortly 2 months after he started work, Capili was asked to resign for the reason that he had been causing accidents, that he has been… Read More NITO ENTERPRISES VS. NLRC G.R. No. 114337 September 29, 1995 Apprenticeship

— Labor Law —

MAFINCO TRADING CORPORATION vs. OPLE 1976 March 25 2nd Division G.R. No. L-37790 Independent Contractor, Employer- Employee Relationship

November 2, 2017

    FACTS: A labor union called FOITAF (in behalf of Repomanta and Moralde) lodged a complaint against Mafinco Trading, alleging that Mafinco unlawfully dismissed both individuals. Repomanta and Mafinco executed a peddling contract whereby Repomanta agreed to “buy and sell” Cosmos soft drinks. Rey Moralde entered into a similar contract. The contracts were to… Read More MAFINCO TRADING CORPORATION vs. OPLE 1976 March 25 2nd Division G.R. No. L-37790 Independent Contractor, Employer- Employee Relationship