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March 1, 2017
Published by Atty Elvin B. Villanueva at March 1, 2017
Quintanar, et al. vs. Coca-Cola Bottlers, Philippines, Inc. G.R. No. 210565. June 28, 2016 Doctrine of stare decisis The doctrine of stare decisis et non quieta […]
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July 21, 2018
Published by Atty Elvin B. Villanueva at July 21, 2018
Burden of proof in termination cases is upon employer to show just cause for termination of employment. However, such a burden arises only if the complaining […]
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July 31, 2018
Published by Atty Elvin B. Villanueva at July 31, 2018
Disability benefits can be awarded only when disability is compensable under the above POEA-SEC. Two elements must concur for disability to be compensable: (1) the injury […]
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September 13, 2018
Published by Atty Elvin B. Villanueva at September 13, 2018
Permanent and total disability benefits should be awarded if the company-designated physician fails to issue an assessment within 120-days from the date of seafarer’s repatriation. Thus, […]
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July 21, 2019
Published by Atty Elvin B. Villanueva at July 21, 2019
Seafarer’s failure to disclose his lumbar problem is fatal to his cause. Given that the seafarer failed to bring to the attention of the company-designated physician […]
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September 18, 2019
Published by Atty Elvin B. Villanueva at September 18, 2019
Family drivers’ employment rights are governed by the Civil Code and not the Labor Code. Section 44 of Republic Act No. 10361, otherwise known as the […]
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February 11, 2020
Published by Atty Elvin B. Villanueva at February 11, 2020
Burden of proof is on the employee to prove his entitlement thereto; failing in which, the latter should not be paid the same. Thus, the SC […]
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March 19, 2020
Published by Atty Elvin B. Villanueva at March 19, 2020
Seafarer’s illness that is not specifically listed under Section 32 of the 2010 POEA-SEC that can fall under the categories listed diseases can be considered work-related. […]
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March 26, 2020
Published by Atty Elvin B. Villanueva at March 26, 2020
Termination of employment that is based on alleged unsatisfactory performance rating was effected merely as a subterfuge and amounts to illegal dismissal. Thus, the SC held […]
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