VIRGEN SHIPPING CORPORATION VS JESUS B. BARRAQUIO
VIRGEN SHIPPING CORPORATION VS JESUS B. BARRAQUIO 597 SCRA 411 (2009) Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from […]
UNITED PHILIPPINE LINES, INC. and/or HOLLAND AMERICA LINE, INC. VS FRANCISCO BESERIL
UNITED PHILIPPINE LINES, INC. and/or HOLLAND AMERICA LINE, INC. VS FRANCISCO BESERIL 487 SCRA 248 (2006) The law does not require that the illness should be incurable, what is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability, thus, an award of a […]
PATRICIA I. TIONGSON VS NATIONAL HOUSING AUTHORITY
PATRICIA I. TIONGSON VS NATIONAL HOUSING AUTHORITY 558 SCRA 56 (2008) In a situation where a government agency, in this case the National Housing Authority, took possession of properties belonging to private individuals for purposes of expropriation and the laws by virtue of which such government agency expropriated the subject properties were subsequently declared to […]
ROSALINA TAGLE VS COURT OF APPEALS
ROSALINA TAGLE VS COURT OF APPEALS 466 SCRA 521 (2005) When the provisions of the employment contract are clear and unambiguous, its literal meaning controls. Wilfredo Tagle (Wilfredo), husband of petitioner Rosalina Tagle (Rosalina), was recruited by respondent Fast International Corporation (FIC) to work as fisherman at Taiwan for its principal, respondent Kuo Tung Yu […]
STA. CATALINA COLLEGE VS NATIONAL LABOR RELATIONS COMMISION
STA. CATALINA COLLEGE VS NATIONAL LABOR RELATIONS COMMISION 416 SCRA 233 (2003) For a valid finding of abandonment, two factors must be present: (1) the failure to report for work, or absence without valid or justifiable reason; and (2) a clear intention to sever employer-employee relationship, with the second element as the more determinative factor, […]
SAN MIGUEL FOODS INC. VS SAN MIGUEL CORPORATION EMPLOYEES UNION-PTWGO
SAN MIGUEL FOODS INC. VS SAN MIGUEL CORPORATION EMPLOYEES UNION-PTWGO 535 SCRA 133 (2007) Gross or flagrant violation of the seniority rule under the CBA is an unfair labor practice which the Labor Arbiter has jurisdiction. Some employees of San Miguel Foods Inc. (SMFI) brought grievance against Finance Manager Gideo Montesa for discrimination, favouritism, unfair labor […]
IBARRA P. ORTEGA VS SOCIAL SECURITY COMMISSION and SOCIAL SECURITY SYSTEM
IBARRA P. ORTEGA VS SOCIAL SECURITY COMMISSION and SOCIAL SECURITY SYSTEM 555 SCRA 53 (2008) Claims under the Labor Code for compensation and under the Social Security Law for benefits are not the same as to their nature and purpose. Petitioner Ibarra Ortega, member of respondent Social Security System (SSS) filed claims for partial permanent […]
MOTOROLA PHILIPPINES, INC. VS IMELDA B. AMBROCIO
MOTOROLA PHILIPPINES, INC. VS IMELDA B. AMBROCIO 582 SCRA 502 (2009) When a company provides a Redundancy Program in favor of the dismissed employees, the latter already received what was due them under the law. Sometime in 1997, Motorola Philippines, Inc. (MPI) decided to close its Parañaque plant in order to consolidate its operations. It […]
BERNARDINO S. MANIOSO VS GOVERNMENT SERVICE INSURANCE SYSTEM
BERNARDINO S. MANIOSO VS GOVERNMENT SERVICE INSURANCE SYSTEM 457 SCRA 607 (2005) Benefits due an employee due to work-related sickness shall be provided until he becomes gainfully employed, or until his recovery or death. Bernardino Manioso is an Accounting Clerk I who started working at the Budget Commission on July 13, 1959. He was transferred […]
Case Digest: Labadan vs Forest Hills Academy
LILIA P. LABADAN VS FOREST HILLS ACADEMY 575 SCRA 262 (2008) While in cases of illegal dismissal, the employer bears the burden of proving that the dismissal is for a valid or authorized cause, the employee must first establish by substantial evidence the fact of dismissal. Lilian L. Labadan (Labadan) was hired by Forest Hills […]