Laws and Court decisions

No basis

Published by reposted only Date posted on November 2, 2011

In illegal dismissal cases, it must be shown that there was in fact a dismissal. This is the argument raised by Vic. Vic was the owner of a moviehouse. One of his employees was Dario who had been hired as electrician/air-conditioner operator sometime in January 1983 receiving below the minimum wage salary of only P97…

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Department Order No. 107-10, Series of 2010, Guidelines on the single entry approach prescribing a 30-day mandatory conciliation-mediation services for all labor and employment cases

Published by reposted only Date posted on October 5, 2010

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Final even if erroneous

Published by reposted only Date posted on June 3, 2010

This is another case illustrating that a final decision can no longer be modified. This is the case of Lito who was hired as technical salesman by a company engaged in the distribution of various chemicals from foreign suppliers (MTI). After more than six years of employment, MTI terminated Lito’s services on July 15, 1997.

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Republic Act No. 6715 March 2, 1989

Published by reposted only Date posted on May 5, 2010

Ra06715, download PDF version

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Hostile and unreasonable

Published by reposted only Date posted on April 20, 2010

This is another case of resignation amounting to constructive dismissal. The test applied here is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. This is the case of Magno.

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Probability, not certainty

Published by reposted only Date posted on March 30, 2010

This is another case regarding compensability of permanent and total disability due to illness that is not listed as occupational disease but has been considered work related. This is the case of Lino.

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Dates of reckoning

Published by reposted only Date posted on March 25, 2010

This case is about the back-wages and separation pay of an illegally dismissed employee. The question raised here is from what date up to what date these monetary awards shall be computed. This is the case of Al.

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Supreme Court defers implementing rule on mandatory legal aid service

Published by reposted only Date posted on June 29, 2009

The Supreme Court (SC) has deferred until next year implementation of the rule on mandatory legal aid service that would require practicing lawyers to render a minimum of 60 hours of free legal aid services to indigent litigants yearly.

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Department Advisory No. 04 Series of 2009

Published by reposted only Date posted on May 22, 2009

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Lost option

Published by reposted only Date posted on April 23, 2009

When a retired government employee is re-employed in another government office, can his previous government service be credited in the computation of his retirement benefit? This is the issue raised in this case of Pepe.

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Supreme Court upholds equal protection of illegally dismissed OFWs

Published by reposted only Date posted on April 1, 2009

MANILA, Philippines – A seafarer won $26,442.73 in wages for the nine months and 23 days that he would have spent on board ship after the Supreme Court declared as unconstitutional a clause in Republic Act 8042, the Migrant Workers and Overseas Filipinos Act, limiting the money claims of overseas Filipino workers.

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Full time but not regular

Published by reposted only Date posted on

Under Article 157 of the Labor Code, employers with more than 200 workers should provide or make available medical and allied services consisting of a full time registered nurse, part time physician and dentist and an emergency clinic. Does this mean that the employer should hire or employ a nurse, doctor and dentist? This is…

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Court rules with OFW on claims

Published by reposted only Date posted on

For being discriminatory and oppressive, the Supreme Court declared as unconstitutional a provision in the Migrant Overseas Filipinos Act, or Republic Act 8042, that sets a limit on monetary claims of illegally dismissed overseas Filipino workers (OFWs).

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SC clarifies ‘just compensation’

Published by reposted only Date posted on February 21, 2009

THE Supreme Court has ordered the Philippine Economic Zone Authority to pay a couple the full value of the 4.7-hectare private property in Lapu-Lapu City that was the subject of expropriation proceedings.

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Dismissal with mercy

Published by reposted only Date posted on January 13, 2009

Article 282 (c) of the Labor Code allows an employer to terminate the services of an employee for loss of trust and confidence. It must be shown however that the employee concerned must be holding a position of trust and confidence and there must be an act that would justify such loss. This case of…

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Revenue Regulations No. 10-2008

Published by reposted only Date posted on September 24, 2008

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Public officers and employees — falsification of DTRs

Published by reposted only Date posted on September 5, 2008

At the outset, it must be stressed that this is an administrative case for dishonesty, grave misconduct, and falsification of an official document. To sustain a finding of administrative culpability only substantial evidence is required, not overwhelming or preponderant, and very much less than proof beyond reasonable doubt as required in criminal cases.

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Forfeited

Published by reposted only Date posted on September 4, 2008

If control of a private corporation is acquired by the government through one of its agencies, are its employees subject to civil service laws? This is the question answered in this case of Pablo.

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Utmost liberality

Published by reposted only Date posted on August 26, 2008

The injury or death of an employee is compensable if it is sustained (1) while performing his official functions (2) at the place where his work requires him to be or if sustained elsewhere (3) he must have been executing an order of his employer. These requirements are illustrated in this case of Bert.

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Broken promise

Published by reposted only Date posted on August 14, 2008

Under Article 291 of the Labor Code, all money claims arising from employer-employee relationship like recovery of unpaid wages, separation pay and 13th month pay must be filed within three years from the time the cause of action accrued, otherwise they shall forever be barred. This case of Alma and her late husband Jim is…

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Breathing space

Published by reposted only Date posted on July 10, 2008

Under the Corporation Code (Section 6 © P.D. 902-A as amended by PD 1799), the Securities & Exchange Commission (SEC) may suspend the proceedings of any collection suit filed before any court by a creditor against a corporation, partnership or association placed under management or receivership. But is this rule applicable to a secured creditor?…

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Non-exclusive

Published by reposted only Date posted on June 19, 2008

Under the Constitution, the Civil Service Commission (CSC) has jurisdiction over all positions in the government service, whether career or non-career. Does such jurisdiction include the president of state universities or schools with governing boards exclusively granted by their charters the corporate powers of administration? This is the issue raised in this case of Mr.…

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Republic Act No. 9504 – Tax Relief Law

Published by reposted only Date posted on June 17, 2008

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Non-members to pay union fees too

Published by reposted only Date posted on May 17, 2008

THE Supreme Court has declared as legal the collection of union dues from non-union members who are included in the benefits negotiated by the union from management through a collective bargaining agreement.

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Clear and conclusive

Published by reposted only Date posted on April 29, 2008

For so many years now, government employees have been fighting for the payment of the allowances, fringe benefits and COLA that were discontinued following the passage of R.A. 6758, otherwise known as the Salary Standardization Law and the issuance of Department of Budget and Management (DBM) Circular No. 10 implementing said law that deemed the…

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Too late

Published by reposted only Date posted on February 6, 2008

Can an Amended Complaint be admitted after the order dismissing the original complaint has already become final on the ground that no substantial amendments to the original complaint are to be made anyway and the amendment is merely in compliance with the court order to continue plaintiff’s cause of action mainly directed at another party?…

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SC: Government employee getting pregnant out of wedlock not immoral

Published by reposted only Date posted on January 2, 2008

It is not immoral under the law for a government employee to give birth out of wedlock if she and the father are not married to other people, the Supreme Court has ruled.

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Republic Act No. 9481 – An Act Strengthening the Workers’ Constitutional Right to Self-Organization

Published by reposted only Date posted on May 25, 2007

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Highlights of the Proposed Amendments to the 1987 Constitution of the Philippines

Published by anna Date posted on December 13, 2005

COMMITTEE ON THE STRUCTURE OF THE REPUBLIC HIGHLIGHTS OF THE PROPOSED AMENDMENTS TO ARTICLE X (LOCAL GOVERNMENT) OF THE 1987 CONSTITUTION (Approved subject to style, by the Plenary on 13 December 2005)

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DOLE D.O. No. 18-02 (2002)

Published by anna Date posted on May 1, 2002

http://www.dole.gov.ph/deptorder/d.o.no.18.2002.htm

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