May 18, 2017
Published by Atty Elvin B. Villanueva at May 18, 2017

NOT EVERY CASE OF INSUBORDINATION OR WILLFUL DISOBEDIENCE BY AN EMPLOYEE REASONABLY DESERVES THE PENALTY OF DISMISSAL

Leo T. Maula vs. Ximex Delivery Express, Inc. G.R. No. 207838, January 25, 2017 Facts: Leo T. Maula (Maula) claims that he was hired by Ximex […]
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May 20, 2017
Published by Atty Elvin B. Villanueva at May 20, 2017

DTI REGISTRATION AND PRPA LICENSE AS PROOF TO OVERCOME THE PRESUMPTION OF LABOR-ONLY CONTRACTING

Jack C. Valencia vs. Classique Vinyl Products Corporation, et al. G.R. No. 206390, January 30, 2017 Facts: Jack C. Valencia alleged that he applied for work […]
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May 21, 2017
Published by Atty Elvin B. Villanueva at May 21, 2017

RULES OF CONDUCT OR GUIDELINES TOWARDS THE ACHIEVEMENT OF A MUTUALLY DESIRED RESULT DO NOT OPERATE TO CONTROL OR FIX THE METHODOLOGY AS WOULD RESULT IN LABOR-ONLY CONTRACTING

Nestle Philippines, Inc. vs. Benny A. Puedan, Jr., et al. G.R. No. 220617, January 30, 2017 Facts: Puedan, et al alleged that on various dates, ODSI […]
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May 21, 2017
Published by Atty Elvin B. Villanueva at May 21, 2017

PERFORMANCE OF USUALLY NECESSARY AND DESIRABLE FUNCTIONS DOES NOT RENDER PROJECT EMPLOYMENT CONTRACT INTO REGULAR

Herma Shipyard, Inc. and Mr. Herminio Esguerra vs. Danilo Oliveros, et al. G.R. No. 208936, April 17, 2017 Facts: Herma Shipyard is a domestic corporation engaged […]
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May 22, 2017
Published by Atty Elvin B. Villanueva at May 22, 2017

VALID DISMISSAL FOR VIOLATING THE COMPANY RULES AND REGULATIONS AGAINST GAMBLING

Universal Canning Inc., et al. vs. Court of Appeals, et al. G.R. No. 215047, November 23, 2016 Facts: Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. […]
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May 25, 2017
Published by Atty Elvin B. Villanueva at May 25, 2017

THE 10% BOND IN THE MCBURNIE CASE IS PROVISIONAL THAT SHOULD ACCOMPANY THE MOTION TO REDUCE BOND; IT IS NOT THE MINIMUM BOND TO PERFECT AN APPEAL

Sara Lee Philippines, Inc. vs. Emilinda D. Macatlang, et al.  G.R. No. 180147/G.R. No. 180148/G.R. No. 180149/G.R. No. 180150/G.R. No. 180319 & G.R. No. 180685. January […]
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May 26, 2017
Published by Atty Elvin B. Villanueva at May 26, 2017

MERE COMPLIANCE WITH STANDARD PROCEDURES OR PROCESSES, SUCH AS THE COMPLETION OF EXIT INTERVIEWS, NEITHER NEGATES COMPULSION NOR INDICATES VOLUNTARINESS IN RESIGNATION

Saudi Arabian Airlines (Saudia) and Brenda J. Betia Vs. Ma. Jopette M. Rebesencio Montassah B. Sacar-Adiong, et al. G.R. No. 198587, January 14, 2015 Facts: Respondents […]
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May 26, 2017
Published by Atty Elvin B. Villanueva at May 26, 2017

FORUM NON CONVENIENS RELATES TO FORUM, NOT TO THE CHOICE OF GOVERNING LAW; THE CHOICE OF FOREIGN LAW IS MERELY AN INCIDENT OF ITS APPLICATION

Saudi Arabian Airlines (Saudia) and Brenda J. Betia Vs. Ma. Jopette M. Rebesencio Montassah B. Sacar-Adiong, et al. G.R. No. 198587, January 14, 2015 Facts: Respondents […]
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May 27, 2017
Published by Atty Elvin B. Villanueva at May 27, 2017

RELEASE, WAIVER, AND QUITCLAIM EXECUTED FOR ONE PETITION WHICH CAUSED THE DISMISSAL THEREOF MAY RENDER MOOT A SEPARATE PETITION INVOLVING SAME FACTS, PARTIES, INTERRELATED ISSUES AND SUBJECT MATTER

Release, Waiver, and Quitclaim that was executed in one petition which caused the dismissal thereof may render moot the separate petition involving the same facts, issues, and subject […]
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