Beruflich Dokumente
Kultur Dokumente
CORPORATION,
vs.
NATIONAL
LABOR
RELATIONS
COMMISSION
AND
ROBERTO
MALLARE
(G.R. No. 80587, February 8, 1989)
FACTS: Respondent was hired by
Petitioner first, as a crew member,
then as Assistant Head of the
Backroom in its Cubao branch. On May
29, 1985, the Respondent got into an
altercation with his coworker, Job
Barrameda
which
resulted
in
Barramedas
suspension
while
respondent was dismissed from work.
His
dismissal
prompted
the
Respondent to file a complaint for
illegal suspension, illegal dismissal
and unfair labor practices before the
Labor Arbiter. The Labor Arbiter,
however, dismissed the complaint. But
upon appeal to the NLRC, the said
tribunal reversed the decision of the
Labor Arbiter.
Petitioner cried foul imputing to the
NLRC committed grave abuse of
discretion,
contending
that
the
decision of Petitioner to dismiss
Respondent was justified. In support of
his contention, Petitioner cited a
provision in the Personnel Manual
which states that if an employee
commits an offense punishable with
suspension of more than 15 days, an
investigation may be conducted at the
request of the concerned employee. In
this case, said Petitioner, Respondent
did not request for an investigation,
therefore, Respondents right to invoke
said provision should be deemed
waived.
ISSUE: Whether or not Respondents
right to due process was violated.
January 27,
notice of
indicate
involving
severance
FACTS:
Respondent-spouses
Oscar
and
Evangeline Martinez obtained loans
from petitioner Equitable PCI Bank,
Inc. in the aggregate amount of P
4,048,800.00. As security for the said
amount, a Real Estate Mortgage (REM)
was executed over a condominium
unit in San Miguel Court, Valle Verde 5,
Pasig City, Metro Manila where the
spouses are residing.
Respondent-spouses defaulted in the
payment of their outstanding loan
obligation, they offered to settle their
indebtedness with the assignment to
the Bank of a commercial lot of
corresponding
value
and
also
requested for recomputation at a
lower interest rate and condonation of
penalties. The respondents failed to
submit the required documents such
as certificates of title and tax
declarations so that the bank can
evaluate his proposal to pay the
ADO
AND
TEOTIMO
ESTRELLADO, Respondents.
Facts:
Petitioner Fonterra Brands Phils., Inc.
(Fonterra) contracted the services of
Zytron Marketing and Promotions
Corp. (Zytron) for the marketing and
promotion of its milk and dairy
products. Pursuant to the contract,
Zytron provided Fonterra with trade
merchandising representatives (TMRs),
including
respondents
Leonardo
Largado
(Largado)
and
TeotimoEstrellado (Estrellado).
Fonterra
sent
Zytron
a
letter
terminating its promotions contract.
Fonterra
then
entered
into
an
agreement for manpower supply with
A.C. Sicat Marketing and Promotional
Services (A.C. Sicat). Desirous of
continuing their work as TMRs,
respondents
submitted
their
job
applications with A.C. Sicat, which
hired them for a term of five (5)
months.
When respondents 5-month contracts
with A.C. Sicat were about to expire,
they allegedly sought renewal thereof,
but were allegedly refused. This
prompted
respondents
to
file
complaints for illegal dismissal against
petitioner, Zytron, and A.C. Sicat.
The Labor Arbiter dismissed the
complaint and ruled that respondents
were not illegally dismissed.
The NLRC affirmed the Labor Arbiter,
finding that respondents separation
from Zytron was brought about by the
execution of the contract between
Fonterra and A.C. Sicat where the
parties agreed to absorb Zytrons
personnel, including respondents.
The NLRC decision was assailed in a
FACTS
Olga S. Quianola employed as
Assistant
Secretary/Export
Coordinator, was promoted to the
position of Executive Secretary to the
Executive Vice President and General
Manager. For no apparent reason at all
and without prior notice to her, she
was transferred to the Production
Department as Production Secretary.
Although the transfer did not amount
to a demotion because her salary and
workload remained the same, she
believed otherwise so she rejected the
assignment and filed a complaint for
illegal dismissal.
The Labor Arbiter found that the
transfer would amount to constructive
dismissal ("she was dismissed for
unjustified causes") hence, her refusal
to obey the transfer order was
justified. The LA finds Quianola was
illegally
dismissed
and
orders
Philippine
Japan
Active
Carbon
Corporation and/or Tokuichi Satofuka
to reinstate her with backwages and
damages.
Upon appeal to the NLRC, the
Commission approved the Labor
Arbiter's decision.
ISSUE
Was there a constructive dismissal?
HELD
MINTERBRO,
INC.
and/or
DE
CASTRO
v.
NAGKAHIUSANG
MAMUMUO
SA
MINTERBRO
SOUTHERN
PHILIPPINES
FEDERATION OF LABOR and/or
ABELLANA, et al.
G.R. No. 174300, 05 December
2012, FIRST DIVISION (LeonardoDe Castro, J.)
FACTS
Mindanao
Terminal
and
Brokerage Service, Inc. (Minterbro) is a
domestic corporation managed by De
Castro and engaged in the business of
providing arrastre and stevedoring
services to its clientele at Port Area,
Sasa, Davao City. Del Monte is their
exclusive client.
Davao Pilots' Association, Inc.
(DPAI) informed Minterbro of its
intention to refrain from docking
vessels at Minterbros pier for security
and safety reasons until its docks are
repaired or rehabilitated. Minterbro
decided to rehabilitate the pier and on
the same day, sent a letter to the
Department of Labor and Employment
(DOLE) to inform DOLE of Minterbros
intention to temporarily suspend
arrastre and stevedoring operations.
The
Union
composed
of
respondents Manuel Abellana, et al.,
employees of Minterbro, filed a
Begino
et.
al.
Vs
ABS-CBN
Corporation and Amala Villafuerte
FACTS:
Respondent
ABS-CBN
Corporation
(ABS-CBN)
employed
respondent Villafuerte as Manager.
Thru Villafuerte, ABS-CBN engaged the
services of petitioners Begino and Del
Valle as Cameramen/Editors for TV
Broadcasting, Petitioners Sumayao
and Llorin were likewise similarly
engaged as reporters. Petitioners were
tasked with coverage of news items
for subsequent daily airings in
respondents TV Patrol Bicol Program.
the
purpose
of
upholding
the
standards of the company and the
strictures of the industry.
ISSUE: Whether or not there exist an
employer-employee relationship.
RULING:
Yes, there exist an employer-employee
relationship.
ART. 280. Regular and Casual
Employment. The provisions of
written agreement to the contrary
notwithstanding and regardless of the
oral agreement of the parties, an
employment shall be deemed to be
regular where the employee has been
engaged to perform activities which
are usually necessary or desirable in
the usual business or trade of the
employer,
except
where
the
employment has been fixed for a
specific project or undertaking the
completion or termination of which
has been determined at the time of
the engagement of the employee or
where the work or service to be
performed is seasonal in nature and
the employment is for the duration of
the season.
An
employment
shall
be
deemed to be casual if it is not
covered by the preceding paragraph:
Provided, That, any employee who has
rendered at least one year of service,
whether such service is continuous or
broken, shall be considered a regular
employee with respect to the activity
in which he is employed and his
employment shall continue while such
actually exists.
The
Court
finds
that,
notwithstanding the nomenclature of
their Talent Contracts, petitioners are
regular employees of ABS-CBN. Time
and again, it has been ruled that the
test
to
determine
whether
employment is regular or not is the
reasonable connection between the
activity performed by the employee in
relation to the business or trade of the
employer. As cameramen/editors and
reporters,
petitioners
were
undoubtedly
performing
functions
necessary and essential to ABS-CBNs
business of broadcasting television
and radio content. Aside from the fact
that said program is a regular
weekday fare of the ABS-CBN the
record shows that, petitioners were
continuously re-hired by respondents
over the years.
It is evident from the foregoing
disquisition that petitioners are regular
employees
of
ABS-CBN.
This
conclusion is borne out by the
ineluctable showing that petitioners
perform functions necessary and
essential to the business of ABS-CBN
which repeatedly employed them for a
long-running news program.
NOTES:
4
kinds
of
employees
contemplated in Art. 280 of the Labor
Code:
1.
Regular employees or those
who have been engaged to perform
activities which are usually necessary
or desirable in the usual business or
trade of the employer;
2.
Project employees or those
whose employment has been fixed for
a specific project or undertaking, the
completion or termination of which
has been determined at the time of
the engagement of the employee;
3.
Seasonal employees or those
who work or perform services which
are seasonal in nature, and the
employment is for the duration of the
season; and
4.
Casual employees or those who
are not regular, project, or seasonal
employees.
employ
the
standard
of
reasonableness of the company
policy which is parallel to the bona fide
occupational
qualification
requirement. The cases of Duncan and
PT&T instruct us that the requirement
of reasonableness must be clearly
established to uphold the questioned
employment policy. The employer has
the burden to prove the existence of a
reasonable business necessity.
We do not find a reasonable business
necessity in the case at bar.
Petitioners sole contention that "the
company did not just want to have two
(2) or more of its employees related
between the third degree by affinity
and/or consanguinity" is lame. That
the second paragraph was meant to
give teeth to the first paragraph of the
questioned rule is evidently not the
valid reasonable business necessity
required by the law. It is significant to
note that in the case at bar,
respondents were hired after they
were found fit for the job, but were
asked to resign when they married a
co-employee. The questioned policy
may not facially violate Article 136 of
the Labor Code but it creates a
disproportionate effect and under the
disparate impact theory, the only
way it could pass judicial scrutiny is a
showing that it is reasonable despite
the
discriminatory,
albeit
disproportionate, effect.
Thus, for failure of petitioners to
present
undisputed
proof
of
a
reasonable business necessity, we rule
that the questioned policy is an invalid
exercise of management prerogative.
petitioner,vs.COURT OF APPEALS
and HEIRS OF ABRAHAM CATE,
represented by DOROTHY CATE,
respondents.
X---------------------------------------------- XG.R. No. 124275 January 28,
2008EMPLOYEES COMPENSATION
COMMISSION
and
PHILIPPINE
NATIONAL POLICE, petitioner,vs.
THE
HONORABLE
COURT
OF
APPEALS and HEIRS OF ABRAHAM
CATE, represented by DOROTHY
CATE, respondents.
Facts:
Abraham
Cate(Abraham)
was
a
Rifleman of Philippine Navy before
joining
the
Philippine
National
Police(PNP). During his service with
the PNP, he noticed a mass on his left
cheek which after a series of tests
turned out to be an Osteoblastic
Osteosarcoma, which is one of the
most aggressive primary bone cancer.
He underwent a series of surgeries
and radiotherapy, however, he died
and was survived by his wife and
children.
His wife filed a claim for income
benefits with the Government Service
Insurance System (GSIS) under PD No.
626, as amended. The GSIS denied the
claim
on
the
ground
that
osteosarcoma is not considered an
occupational disease under PD No.
626 therefore there must be sufficient
proof that Abraham had an increased
risk of contracting said ailment.
The decision of GSIS was affirmed by
the
Employees
Compensation
Commission(ECC), however, the Court
Issue:
Whether or not the CA erred in ruling
that the ailment of the late Abraham is
compensable under the present law on
employees compensation?
Held:
In this case, Osteosarcoma is not
listed as an occupational disease in
the Amended Rules on Employees
Compensation. Hence, it is supposed
to be upon the claimant or private
respondents to prove by substantial
evidence that the risk of contracting
Osteosarcoma was increased by the
working conditions
of
the
late
Abraham. Substantial evidence means
such
relevant
evidence
as
a
reasonable mind might accept as
adequate to support a conclusion.
The
rule
is
that
awards
of
compensation
cannot
rest
on
speculations and presumptions as the
claimant must prove a positive thing.
The application of the rules would
mean that absent any proof that the
risk of contracting the ailment was
increased by the working conditions of
WHEREFORE,
DENIED.
the
petitions
are
FACTS:
Ildefonso Paafiel, the husband
of the respondent Imelda Paafiel, was
hired by One Shipping Corp. for and in
behalf of the principal One Shipping
Kabushiki Kaisha/Japan as second
ISSUES:
1. W/N CA has jurisdiction over
present case after the Resolutions of
Labor Arbiter and NLRC became final
and executory
2. W/N Respondent is entitled to
avail death benefits
HELD:
Ruling: Yes.
Insubordination, as a just cause
for the dismissal of an employee,
necessitates the concurrence of at
least
two
requisites:
(1)
the
employees assailed conduct must
have
been
willful,
that
is,
characterized by a wrongful and
perverse attitude; and (2) the order
violated must have been reasonable,
lawful, made known to the employee,
and must pertain to the duties which
he had been engaged to discharge.
In this case, the contents of
Captain Woodwards e-mails do not
establish that Avestruzs conduct had
been willful, or characterized by a
wrongful and perverse attitude. The
Court
concurs
with
the
CAs
observation
that
Avestruzs
statement regarding the incident in
the galley deserves more credence,
being
corroborated by
Kong,
a
messman who witnessed the same.
Apart from Captain Woodwards emails,
no
other
evidence
was
presented by the petitioners to
support their claims. While rules of
evidence are not strictly observed in
proceedings
before
administrative
bodies, petitioners should have offered
additional proof to corroborate the
statements described therein.
It was incumbent upon the
petitioners
to
present
other
substantial evidence to bolster their
claim that Avestruz committed acts
that constitute insubordination as
would warrant his dismissal. At the
least, they could have offered in
evidence entries in the ships official