attorney's fees Archives - EBV Law Office

November 3, 2017

Published by Atty Elvin B. Villanueva at November 3, 2017

SERIOUS MISCONDUCT DOES NOT ARISE WHEN THE ACT, THOUGH INTENTIONAL, IS NOT CHARACTERIZED BY WRONGFUL AND PERVERSE ATTITUDE

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work is a just cause […]

November 15, 2017

Published by Atty Elvin B. Villanueva at November 15, 2017

PERMANENT AND TOTAL DISABILITY OCCURS DESPITE MORE THAN GRADE 1 RATING IF THE SEAFEARER IS PRECLUDED FROM EARNING OR DOING THE SAME WORK HE IS ACCUSTOMED OR TRAINED TO DO

Permanent and total disability arises if the seafarer’s illness or injury prevents him from engaging in gainful employment for more than 120 or 240 days, as […]

September 4, 2018

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

APPEAL FROM THE LABOR ARBITER DECISION IS NOT ALLOWED DURING EXECUTION BUT ONE FILED MAY BE CONSIDERED A VERIFIED PETITION TO PREVENT INJUSTICE TO AN ILLEGALLY DISMISSED EMPLOYEE

Appeal from an order issued by a Labor Arbiter in the course of execution proceedings is a prohibited pleading under Rule 5, Section 5 of the […]

September 5, 2018

Published by Atty Elvin B. Villanueva at September 5, 2018

ATTORNEY’S FEES CANNOT BE AWARDED IF NOT CONTAINED IN THE DECISION OF THE COURT WHICH BECAME FINAL AND EXECUTORY AS THE JUDGMENT IS ALREADY IMMUTABLE

Attorney’s fees not granted in the Decision of the CA already became final and executory. As such, it is immutable and unalterable. Generally, it may no […]

September 8, 2018

Published by Atty Elvin B. Villanueva at September 8, 2018

ABANDONMENT OF WORK CANNOT BE DEEMED TO EXIST WHERE THE EMPLOYEE WAS ASKED TO TURNOVER THE FILES AND ACTUALLY DID SO

Abandonment of work can fall as gross and habitual neglect of duties under the Labor Code, which is a just cause for termination of employment. There […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

COMPLAINT FOR PERMANENT AND TOTAL DISABILITY BENEFIT FILED BEFORE THE LAPSE OF THE JUSTIFIED 240-DAY EXTENSION PERIOD LACKS CAUSE OF ACTION

Complaint with the Labor Arbiter for total and permanent disability benefits during the validly extended period of 240 days of medical treatment lacks cause of action. […]

March 30, 2019

Published by Atty Elvin B. Villanueva at March 30, 2019

DISABILITY CLAIM FILED 141 DAYS AFTER REPATRIATION IS PREMATURE AND LACKS CAUSE OF ACTION

Disability claim is governed by the POEA-SEC and relevant labor laws which are deemed written in the contract of employment where the CBA is found inapplicable. […]

May 20, 2020

Published by Atty Elvin B. Villanueva at May 20, 2020

UNEXPIRED PORTION OF THE CONTRACT SHOULD BE PAID TO THE ILLEGALLY DISMISSED MIGRANT WORKER

Unexpired portion of the OFW contract should be granted if he is illegally dismissed. The phrase “or for three months for every year of the unexpired […]