resignation Archives - EBV Law Office

April 24, 2017

Published by Atty Elvin B. Villanueva at April 24, 2017

DEFENSE OF RESIGNATION AGAINST AN ILLEGAL DISMISSAL CASE MUST BE PROVED BY CLEAR, POSITIVE, AND CONVINCING EVIDENCE

Flordaliza Llanes Grande vs. Philippine Nautical Training College G.R. No. 213137, March 1, 2017 Facts: Philippine Nautical Training College (PNTC), is a private entity engaged in […]

May 26, 2017

Published by Atty Elvin B. Villanueva at May 26, 2017

MERE COMPLIANCE WITH STANDARD PROCEDURES OR PROCESSES, SUCH AS THE COMPLETION OF EXIT INTERVIEWS, NEITHER NEGATES COMPULSION NOR INDICATES VOLUNTARINESS IN RESIGNATION

Saudi Arabian Airlines (Saudia) and Brenda J. Betia Vs. Ma. Jopette M. Rebesencio Montassah B. Sacar-Adiong, et al. G.R. No. 198587, January 14, 2015 Facts: Respondents […]

July 14, 2017

Published by Atty Elvin B. Villanueva at July 14, 2017

VOLUNTARY TERMINATION OCCURS IF EMPLOYEES REFUSE TO RENEW CONTRACT WITH EMPLOYER WHOSE SERVICE AGREEMENT WAS TERMINATED BY ITS CLIENT

Voluntary termination is inconsistent with claim of illegal dismissal. Thus, if the employees of a contractor, whose service agreement with client was terminated, refused to renew […]

August 18, 2017

Published by Atty Elvin B. Villanueva at August 18, 2017

PRESUMPTION OF INNOCENCE AS APPLIED IN LABOR CASE

Presumption of innocence is a doctrine normally used in criminal cases. However, the Supreme Court in this case applied the principle in resolving the labor case. […]

August 22, 2017

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

RESIGNATION THAT IS CLAIMED TO BE INVOLUNTARY SHOULD BE PROVED WITH CLEAR AND CONVINCING EVIDENCE

Resignation should be voluntary. However, if the employee claims that his written resignation is not voluntary he should present clear and convincing evidence to support such […]

July 22, 2019

Published by Atty Elvin B. Villanueva at July 22, 2019

RESIGNATION LETTER THAT LACKS RELUCTANCE, TENSION, AND EXPRESSES GRATITUDE, WELL WISHES, WITHOUT QUALIFICATION AND WITHOUT ANY SIGN OF AGGRESSION AND BITTERNESS OR HOSTILITY TOWARDS EMPLOYER NEGATES CLAIM OF INVOLUNTARINESS

In Bilbao vs. Saudi Arabian Airlines, the Court found as voluntary the resignation of the complainant, whose clear use of words of appreciation and gratitude negated […]

August 29, 2019

Published by Atty Elvin B. Villanueva at August 29, 2019

RESIGNATION LETTER THAT IS IN THE NATURE OF QUITCLAIM INDICATES LACK OF VOLUNTARINESS IN ITS EXECUTION

In illegal dismissal_ cases, the fundamental rule is that when an employer interposes the defense of resignation, the burden to prove that the employee indeed voluntarily […]

May 15, 2020

Published by Atty Elvin B. Villanueva at May 15, 2020

RESIGNATION MAY BE PROVEN BY FACTUAL CIRCUMSTANCES EVEN IN THE ABSENCE OF WRITTEN RESIGNATION LETTER

Resignation is defined as a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As […]

May 22, 2020

Published by Atty Elvin B. Villanueva at May 22, 2020

STRONG WORDS OF EMPLOYER DO NOT NECESSARILY MAKE WORKING ENVIRONMENT UNBEARABLE

Strong words from the employer do not necessarily make the working environment unbearable. When these are uttered without palpable reason or are expressed only for the […]