jurisdiction Archives - EBV Law Office

February 22, 2017

Published by Atty Elvin B. Villanueva at February 22, 2017

DOLE FINDINGS OF LABOR STANDARDS LIABILITIES REQUIRE DETERMINATION OF EMPLOYER-EMPLOYEE RELATIONSHIP AS PART OF DUE PROCESS

South Cotabato Communications Corporation and Gauvain J. Benzonan vs. Hon. Patricia Sto. Tomas, et al. G.R. No. 217575. June 15, 2016 Facts: The DOLE conducted a […]

May 4, 2017

Published by Atty Elvin B. Villanueva at May 4, 2017

CAN A BARANGAY CAPTAIN ENTERTAIN COMPLAINTS AGAINST AN EMPLOYER AND COMPEL ATTENDANCE OF PARTIES?

For instance, A is employed as a factory worker in a warehouse in Barangay Mapalastik. His employer is B, a Filipino-Chinese, whose business involves manufacturing of […]

September 17, 2017

Published by Atty Elvin B. Villanueva at September 17, 2017

ACQUITTAL OF COMPANY PRESIDENT FROM CRIMINAL CASE DOES NOT EXTINGUISH THE CIVIL LIABILITY OF COMPANY FOR UNPAID SSS CONTRIBUTIONS WITHOUT THE TRIAL COURT DECLARING ON THE CONTRARY

Acquittal of company President from the criminal case does not extinguish the civil liability of the company since the RTC did not declare in its judgment […]

September 17, 2017

Published by Atty Elvin B. Villanueva at September 17, 2017

ACQUITTAL OF COMPANY PRESIDENT FROM CRIMINAL CASE DOES NOT EXTINGUISH THE CIVIL LIABILITY OF COMPANY FOR UNPAID SSS CONTRIBUTIONS WITHOUT THE TRIAL COURT DECLARING ON THE CONTRARY

Acquittal of company President from the criminal case does not extinguish the civil liability of the company since the RTC did not declare in its judgment […]

August 4, 2018

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

TERMINATION OF A COMPANY PRESIDENT IS INTRA-CORPORATE CONTOVERSY AND THE LABOR ARBITER HAS NO JURISDICTION

Termination disputes between an employer and an employee falls within the jurisdiction of the Labor Arbiter under Article 224 [formerly Article 217] of the Labor Code. […]

May 26, 2019

Published by Atty Elvin B. Villanueva at May 26, 2019

AMICABLE SETTLEMENT CLAUSE BEFORE THE LABOR ATTACHE AS AGREED BY THE PARTIES CANNOT DIVEST THE LABOR ARBITER OF JURISDICTION OVER ILLEGAL DISMISSAL CASE

Amicable settlement is one whereby the parties can negotiate with each other; it is not a voluntary arbitration under the Labor Code wherein a third party […]

July 30, 2019

Published by Atty Elvin B. Villanueva at 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 […]

November 6, 2019

Published by Atty Elvin B. Villanueva at November 6, 2019

JURISDICTION OVER CASE REQUIRING APPLICATION OF GENERAL CIVIL LAW, SUCH AS QUASI-DELICT, IS NOT WITH THE LABOR ARBITER

Jurisdiction of Labor Arbiters and the NLRC under the Labor Code is provided under Art. 224 thereof. However, where the resolution of the dispute requires expertise, […]

May 25, 2020

Published by Atty Elvin B. Villanueva at May 25, 2020

TERMINATION OVER ACTS PERTAINING TO EFFECTIVITY OF A MINISTER AS A CHARISMATIC LEADER OF A RELIGIOUS CONGREGATION IS NOT WITHIN THE JURISDICTION OF THE LABOR ARBITER

Termination of a religious minister’s engagement at a local church due to administrative lapses, when it relates to the perceived effectivity of a minister as a […]