May 27, 2017

RELEASE, WAIVER, AND QUITCLAIM EXECUTED FOR ONE PETITION WHICH CAUSED THE DISMISSAL THEREOF MAY RENDER MOOT A SEPARATE PETITION INVOLVING SAME FACTS, PARTIES, INTERRELATED ISSUES AND SUBJECT MATTER

Release, Waiver, and Quitclaim that was executed in one petition which caused the dismissal thereof may render moot the separate petition involving the same facts, issues, and subject […]
August 22, 2017

Release, Waiver and Quitclaim Does not Bar the Employee from Claiming the benefits due him; Receipt of Separation Benefit does not Amount to Estoppel

Release, Waiver and Quitclaim as a general rule is frowned upon by the Courts. However, it is valid if voluntarily entered into and represents a reasonable settlement, […]
January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]
March 29, 2018

SENIORITY IS NOT THE SOLE BASIS OF THE CRITERIA FOR RETRENCHMENT; REHIRING OF RETRENCHED EMPLOYEES DOES NOT INDICATE BAD FAITH OF A RECOVERING CORPORATION; VALIDITY OF WAIVER AND QUITCLAIM

Seniority cannot be the sole basis for the selection in retrenchment. The post below is part of this author’s digest of the decision of the Supreme […]
April 6, 2018

FASAP CASE RESOLVED BY THE SUPREME COURT

FASAP, or the Flight Attendants and Stewards Association of the Philippines, has long been fighting the case of illegal retrenchment against PAL. The case has caught […]
July 21, 2018

BURDEN OF PROOF ON EMPLOYER TO PROVE VALIDITY OF DISMISSAL IS NOT A MAGIC SPELL THAT WOULD WIN THE DAY FOR COMPLAINANT

Burden of proof in termination cases is upon employer to show just cause for termination of employment. However, such a burden arises only if the complaining […]
August 2, 2018

STARE DECISIS DOES NOT APPLY WHERE THE FACTS ARE NOT ON ALL FOURS WITH THE PRIOR CASE

University of the East and Dr. Ester Garcia vs. Veronica M. Masangkay G.R. No. 226727, April 25, 2018 Stare decisis; Stare decisis does not arise where […]
July 3, 2019

COLON CANCER THAT IS AGGRAVATED BY POOR DIETARY PROVISIONS IN THE VESSEL IS WORK-RELATED

In Leonis Navigation Co., Inc. vs. Villamater, it was ruled that the dietary provisions which were high m fat and cholesterol given to the seaman while […]
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, […]
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