June 2, 2022

THE 60 DAY PERIOD TO FILE CERTIORARI WITH THE COURT OF APPEALS IS RECKONED BY RECEIPT OF COUNSEL AND NOT OF CLIENT

Petitions for certiorari must be filed strictly within sixty (60) days from notice of judgment or from the order denying a motion for reconsideration. There can […]
June 5, 2022

AN INDIVIDUAL ENGAGED FOR HER UNIQUE SKILLS, EXPERTISE, AND TALENT IS AN INDEPENDENT CONTRACTOR

An independent contractor is one who carries on a distinct and independent business and undertakes to perform the job, work, or service on their own account […]
June 10, 2022

LIBERAL INTERPRETATION OF THE RULES IS PRIMARILY GRANTED TO EMPLOYEES AND NOT EMPLOYER

The liberality of procedural rules is  qualified by two requirements: (1) a party should adequately explain any delay in the submission of evidence; and (2) a […]
June 27, 2022

RULES ON APPEAL IN LABOR CASES IN THE PHILIPPINES

Decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) […]
June 29, 2022

RULES ON PLEADINGS IN LABOR CASES

The following rules are based on the 2011 NLRC Rules of Procedure, as amended: Complaint A complaint or petition is a pleading alleging the cause or […]
July 1, 2022

PROCEEDINGS BEFORE THE LABOR ARBITER IN LABOR CASES PART 1

The Labor Arbiter who has jurisdiction over the labor dispute is guided by the 2011 NLRC Rules of Procedure as to the conduct of proceedings in […]
July 3, 2022

ACCEPTANCE OF SEPARATION PAY DOES NOT ESTOP THE EMPLOYEE FROM FILING THE ACTION FOR ILLEGAL RETRENCHMENT

Separation pay is required for valid retrenchment. However, when the employee accepts separation but thereafter files a case for illegal dismissal challenging the validity of retrenchment, […]
July 6, 2022

IMMUTABILITY OF JUDGMENT IN LABOR CASES WHERE PETITION FOR CERTIORARI IS FILED BEFORE THE COURT OF APPEALS

The fact that a decision of the NLRC is final and executory does not mean that a special civil action for certiorari may not be filed […]
July 10, 2022

INTRODUCTION OF EVIDENCE IN APPELLATE COURT AND NATURE OF PETITION FOR REVIEW ON CERTIORARI

As a rule, the Court of Appeals (CA) or the appellate court for that matter does not allow presentation of evidence. In Maralit vs. Philippine National […]
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