March 31, 2017
Published by Atty Elvin B. Villanueva at March 31, 2017

TERMINATION BY EMPLOYEE DOES NOT ENTITLE HIM TO SEPARATION PAY

Perez vs. Comparts Industries, Inc. G.R. No. 197557. October 5, 2016 Facts: [Perez] started her employment with [CII] on 16 July 1988. On 10 January 2009 […]
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December 8, 2017
Published by Atty Elvin B. Villanueva at December 8, 2017

MINUTE RESOLUTION DISPOSING THE PRIOR CASE IS NOT BINDING ON CLAIMANTS NOT PARTY TO THE SAID PREVIOUS CASE

Minute resolution that denies or dismisses a petition for failure to comply with formal and substantive requirements, the challenged decision, together with its findings of fact […]
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December 8, 2017
Published by Atty Elvin B. Villanueva at December 8, 2017

COMPANY PRACTICE DOES NOT ARISE OUT OF ISOLATED PAYMENT OF ADDITIONAL VOLUNTARY SEPARATION BENEFITS

Company practice arises only when the grant of benefits should have been practiced over a long period of time, and must be shown to have been […]
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September 15, 2018
Published by Atty Elvin B. Villanueva at September 15, 2018

COMPANY PRACTICE EXISTS IF THE ACT OF EXTENDING BENEFITS HAS BEEN PRACTICED FOR A LONG PERIOD OF TIME AND SHOWN TO BE CONSISTENT AND DELIBERATE

Company practice or policy to exist, it must be proven that the act of extending benefits of the CBA to managerial employees must have been practiced […]
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May 9, 2020
Published by Atty Elvin B. Villanueva at May 9, 2020

DIMINUTION OF BENEFITS BASED ON COMPANY PRACTICE SHOULD BE PROVEN BY THE CLAIMANT WITH CLEAR AND CONVINCING EVIDENCE

Diminution of benefits arises when the following are present: (1) the grant or benefit is founded on a  policy or has ripened into a practice over […]
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