December 7, 2017
Published by Atty Elvin B. Villanueva at December 7, 2017

HEAVY WORKLOAD OF COUNSEL IS NOT A SPECIAL OR COMPELLING REASON TO JUSTIFY EXTENSION TO FILE PETITION FOR CERTIORARI

Heavy workload of counsel is hardly a compelling or meritorious reason for availing a motion for extension of time to file a petition for certiorari. Thus, […]
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December 16, 2017
Published by Atty Elvin B. Villanueva at December 16, 2017

PETITION FOR CERTIORARI CANNOT BE DISMISSED FOR BEING FILED BEYOND THE PERIOD PRAYED FOR IN THE MOTION FOR EXTENSION IF IT IS STILL WITHIN THE 60-DAY REGLEMENTARY PERIOD

Petition for certiorari shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration […]
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April 22, 2018
Published by Atty Elvin B. Villanueva at April 22, 2018

REDUCTION OF WORKDAYS THAT IS UNILATERAL AND ARBITRARY MAY RESULT IN CONSTRUCTIVE DISMISSAL

Reduction of workdays should comply with the DOLE issued Department Advisory No. 2, Series of 2009 on requirement that the employer should notify DOLE of the […]
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July 19, 2018
Published by Atty Elvin B. Villanueva at July 19, 2018

REGLEMENTARY PERIOD TO FILE PETITION FOR CERTIORARI CANNOT BE EXTENDED FOR FAILURE TO OBTAIN SCHEDULE WITH PHILIPPINE EMBASSY TO SUBSCRIBE A DOCUMENT

Reglementary period to file petition for certiorari before the Court of Appeals (CA) is 60 days. This is subject to very limited exceptions allowing extension of […]
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February 2, 2019
Published by Atty Elvin B. Villanueva at February 2, 2019

LABOR-ONLY CONTRACTING ARISES WHERE THE DEPLOYED EMPLOYEE PERFORMS DIRECTLY RELATED FUNCTION AND THE CONTRACTOR HAS NO CONTROL OVER HIM

Labor-only contracting is prohibited. Labor-only contracting refers to an arrangement where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work […]
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July 24, 2019
Published by Atty Elvin B. Villanueva at July 24, 2019

DISMISSAL FOR LOSS OF TRUST AND CONFIDENCE OF A SUPERVISOR WHO TOOK AND USED THE COMPANY MATERIALS AND SUPPLIES AND REPLACED THEM WITH THOSE PURCHASED OUTSIDE IS VALID

A supervisor who took and used the company’s supplies and materials may be validly dismissed for loss of trust and confidence having knowingly violated the company […]
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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 […]
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June 2, 2022
Published by Atty Elvin B. Villanueva at June 2, 2022

THE 60 DAY PERIOD TO FILE CERTIORARI WITH THE COURT OF APPEALS IS RECKONED BY RECEIPT OF COUNSEL AND NOT OF CLIENT

Petitions for certiorari must be filed strictly within sixty (60) days from notice of judgment or from the order denying a motion for reconsideration. There can […]
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July 6, 2022
Published by Atty Elvin B. Villanueva at 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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