April 2, 2017

HOLDING THE DIRECTOR PERSONALLY LIABLE AFTER THE DECISION HAD BECOME FINAL WILL VIOLATE IMMUTABILITY OF JUDGMENT

Lazada vs. Mendoza G.R. No. 196134, October 12, 2016 Facts: Respondent Magtanggol Mendoza was employed as a technician by VSL Service Center, a single proprietorship, owned […]
May 9, 2017

COMPUTATION OF SEPARATION PAY AND BACKWAGES WHERE REINSTATEMENT IS DISPUTED IS UP TO THE DATE OF FINALITY OF THE DECISION

C.I.C.M. Mission Seminaries School of Theology, Inc., Fr. Romeo Nimez, CICM vs. Maria Veronica C. Perez G.R. No. 220506, January 18, 2017 Facts: This controversy is […]
July 6, 2017

RECOMPUTATION OF THE MONETARY AWARD IN THE LABOR ARBITER DECISION IS A CONSEQUENCE OF ILLEGAL DISMISSAL AND DOES NOT ALTER THE DECISION

Recomputation of the monetary award is a necessary consequence of the finding of illegal dismissal. It does not violate the rule on immutability of final and executory […]
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

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 […]
July 30, 2019

TRIAL COURT’S ORDER SETTING TRIAL, NOT EXECUTION OF JUDGMENT, FOR DETERMINATION OF EMPLOYER’S SUBSIDIARY LIABILITY IS NOT GRAVE ABUSE OF DISCRETION

While this digest is not about a labor case, it is included in this work since it involves an employee of a bus company who was […]
July 31, 2020

BACKWAGES AND SEPARATION PAY THAT HAVE ALREADY BEEN EXECUTED AND FULLY SATISFIED CANNOT BE RE-COMPUTED

Backwages must be computed from the time the employee was unjustly dismissed until his or her actual reinstatement or upon payment of his or her separation […]
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 […]
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