August 4, 2018
Published by Atty Elvin B. Villanueva at August 4, 2018

APPEAL BOND IS SUBSTANTIALLY COMPLIED WITH IF DESPITE FAILURE TO COLLECT DUE TO ISSUE ON GENUINENESS, THE CLAIMANT WAS ABLE TO GARNISH EMPLOYER’S ACCOUNT

Appeal bond is intended to guarantee the payment of valid and legal claims against the employer. Nicanor F. Malcaba, et al. vs. Prohealth Pharma Philippines, et […]
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August 4, 2018
Published by Atty Elvin B. Villanueva at August 4, 2018

TERMINATION OF A COMPANY PRESIDENT IS INTRA-CORPORATE CONTOVERSY AND THE LABOR ARBITER HAS NO JURISDICTION

Termination disputes between an employer and an employee falls within the jurisdiction of the Labor Arbiter under Article 224 [formerly Article 217] of the Labor Code. […]
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August 4, 2018
Published by Atty Elvin B. Villanueva at August 4, 2018

PENALTY IS TOO HARSH IF THE EMPLOYEE WAS DISMISSED FOR HIS FAILURE TO INFORM HIS SUPERIOR OF THE ACTUAL DATES OF HIS LEAVE OR IF HE FAILED TO GIVE THE MONEY TO A COLLEAGUE INSTRUCTED AS SHE WAS BUSY

Penalty is too harsh if it is not commensurate to the offense committed. Nicanor F. Malcaba, et al. vs. Prohealth Pharma Philippines, et al. G.R. No. […]
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August 6, 2018
Published by Atty Elvin B. Villanueva at August 6, 2018

DISABILITY FINDING OF COMPANY-DESIGNATED WITHIN THE 240-DAY PERIOD IS FINAL AND DEFINITE IN THE ABSENCE OF ASSESSMENT OF PERSONAL DOCTOR OR ADVERSE FINDING OF THIRD DOCTOR

Temporary total disability shall be deemed permanent and total if it lasts continuously for more than 120 days except as otherwise provided in the Rules. Ricky […]
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August 9, 2018
Published by Atty Elvin B. Villanueva at August 9, 2018

CERTIFICATE OF REGISTRATION AS INDEPENDENT CONTRACTOR ENJOYS THE PRESUMPTION OF REGULARITY AND IS A STRONG BADGE OF LEGITIMACY

Certificate of Registration issued by DOLE recognizes CBMI as an independent contractor and regards the validity of the latter’s registration well within the period relevant to […]
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August 16, 2018
Published by Atty Elvin B. Villanueva at August 16, 2018

WILLFUL CONCEALMENT DOES NOT ARISE FROM FAILURE TO DECLARE MAINTENANCE MEDICATION DURING PEME

Willful concealment by seafarer of pre-existing illness or condition in the Pre-Employment Medical Examination (PEME) renders him liable for misrepresentation and he shall be disqualified from […]
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August 17, 2018
Published by Atty Elvin B. Villanueva at August 17, 2018

DISABILITY COMPLAINT FILED WITHIN THE 240-DAY PERIOD HAS A CAUSE OF ACTION WHERE THE COMPANY-DESIGNATED PHYSICIAN HAD NOT YET DETERMINED THE DISABILITY AND THE SEAFARER HAD NOT YET RECOVERED

Disability shall be conclusively presumed to be permanent and total without sufficient justification for the extension of the treatment period. Permanent total disability; 120-day rule; 240-day […]
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August 23, 2018
Published by Atty Elvin B. Villanueva at August 23, 2018

PERFORMANCE EVALUATION MADE AFTER THE CASE WAS FILED IS NOT FAIR AND ACCURATE ASSESSMENT AND MERE SELF-SERVING

Performance evaluation allegedly showing the employee’s inefficiency and shortcomings in the performance of his job was made only more than one month after his dismissal. Thus, […]
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August 26, 2018
Published by Atty Elvin B. Villanueva at August 26, 2018

ABANDONMENT OF WORK DOES NOT ARISE IF THE EMPLOYEE IS ON SABBATICAL LEAVE PERMITTED BY COMPANY PRACTICE

Abandonment does not arise on mere failure to report for work. Thus, the SC held in the June 6, 2018 labor case, as follows: Maria De […]
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