Arsenio Lumiqued vs Apolonio Exevea et al

6 11 2010


Due Process – Assistance by Counsel

Lumiqued was the Regional Director of DAR-CAR. He was charged by Zamudio, the Regional Cashier, for dishonesty due to questionable gas expenses under his office. It was alleged that he was falsifying gas receipts for reimbursements and that he had an unliquidated cash advance worth P116,000.00. Zamudio also complained that she was unjustly removed by Lumiqued two weeks after she filed the two complaints.

READ THE REST OF THE DIGEST HERE





Miguel Singson vs National Labor Relations Commission & Philippine Airlines

6 11 2010


Due Process – Dismissal of Employees

Singson was an employee of PAL. On 7 Jun 1991, a Japanese national alleged that Singson extorted money from her ($200.00) by accusing her of having excess baggage; and that to settle the issue she needs to pay said amount to him. Singson was later investigated and the investigating committee found him guilty.

READ THE REST OF THE DIGEST HERE.





Philippine Long Distance Telephone Company vs Antonio Tiamson

6 11 2010

G.R. No. 164865: Philippine Long Distance Telephone Company vs Antonio Tiamson

Due Process – Dismissal of Employees

 

Tiamson was a radio technician in PLDT. In 1994, Anthony Dee, president of the Angeles City Telephone System and Datelcom noticed that there had been an increase in outgoing long distance calls. An investigation was conducted and a certain Busa was caught in the act conducting an illegal long distance call.

READ THE REST OF THE DIGEST HERE.





Lara vs Del Rosario

5 11 2010

94 Phil 778 / Preliminary Title

Publication – Civil Code

Lara et al were former taxi drivers of the defendant. When the latter sold some of his vehicles, the plaintiffs who were no longer needed were dismissed. Because their employer did not give them their one month’s salary in lieu of the notice required in Article 302 of the Code of Commerce, this action was instituted.

READ THE REST OF THE DIGEST HERE





Orozco vs CA, PDI and Magsanoc

17 09 2010

G.R. No. 155207: WILHELMINA S. OROZCO vs THE FIFTH DIVISION OF THE HONORABLE COURT OF APPEALS, PHILIPPINE DAILY INQUIRER, AND LETICIA JIMENEZ MAGSANOC

29 April 2005 / Labor Standards

Employee-employer Relationship in a Publication – Bond Requirement When Employer Appeals in a Labor Case

Orozco was hired as a writer by the Philippine Daily Inquirer in 1990. She was the columnist of “Feminist Reflections” under the Lifestyle section of the publication. She writes on a weekly basis and on a per article basis (P250-300/article).

In 1991, Magsanoc as the editor-in-chief sought to improve the Lifestyle section of the paper. She said there were too many Lifestyle writers and that it was time to reduce the number of writers. Orozco’s column was eventually dropped.

READ THE REST OF THE DIGEST HERE





Gabriel vs Bilon

16 09 2010

G.R. No. 146989: MELENCIO GABRIEL represented by Flordeliza Gabriel vs NELSON BILON, ANGEL BRAZIL, & ERNESTO PAGAYGAY

7 February 2007 l Labor Standards

Illegal Dismissal – Separation Pay – Appeal by Employer – Death of a Party – Strained Relations Principle – Employer-employee Relationship

Bilon, Brazil and Pagaygay are jeepney drivers driving jeepneys owned by Melencio Gabriel. They are paying P400/day for their boundary. Later, the drivers were required to pay an additional P50.00 to cover police protection, car wash, deposit fee, and garage fees.

The three drivers refused to pay the additional P50.00. On April 30, 1995, when the drivers reported to work, they were not given any jeepney to drive. Eventually, they were dismissed. The three drivers sued Gabriel for illegal dismissal.

The Labor Arbiter ruled in favor of the drivers and ordered Gabriel to pay the drivers their backwages and their separation pay amounting to about a total of P1.03M.

On April 18, 1997, the LA promulgated its decision and on the same day sent a copy thereof to Gabriel but Flordeliza (wife of Gabriel) refused to receive the copy. Apparently, Gabriel died on April 4, 1997. The copy was resent via registered mail on May 28, 1997. Flordeliza appealed to the LA on June 5, 1997.

The LA dismissed the appeal; it ruled that the appeal was not on time because the promulgation was made on April 18, 1997 and that the appeal on June 5, 1997 was already beyond the ten day period required for appeal.

READ THE REST OF THE DIGEST HERE





Dumpit vs ABC

15 09 2010

G.R. No. 164652: THELMA DUMPIT-MURILLO vs COURT OF APPEALS, ASSOCIATED BROADCASTING COMPANY, JOSE JAVIER AND EDWARD TAN

8 June 2007 l Labor Standards

Fixed-Term Employee vs Regular Employee

Dumpit was hired by ABC as a newscaster in 1995. Her contract with the TV station was repeatedly renewed until 1999. She then wrote Jose Javier (VP for News and Public Affairs of ABC) advising him of her intention to renew the contract.

Javier did not respond.

Dumpit then demanded reinstatement as well as her backwages, service incentive leave pays and other monetary benefits.

ABC said they could only pay her backwages but her other claims had no basis as she was not entitled thereto because she is considered as a talent and not a regular employee.

Dumpit sued ABC. The Labor Arbiter ruled against Dumpit. The National Labor Relations Commission reversed the LA. The Court of Appeals reversed the NLRC and ruled that as per the contract between ABC and Dumpit, Dumpit is a fixed term employee.

READ THE REST OF THE DIGEST HERE





TELEVISION AND PRODUCTION EXPONENTS, INC. and/or ANTONIO P. TUVIERA vs ROBERTO C. SERVAÑA

14 09 2010

G.R. No. 167648: TELEVISION AND PRODUCTION EXPONENTS, INC. and/or ANTONIO P. TUVIERA vs ROBERTO C. SERVAÑA

28 January 2008 l Labor Standards

Regular Employee – Employer-employee relationship – Four Fold Test

Servaña started out as a security for the Agro-Commercial Security Agency (ACSA) since 1987. The agency had a contract with TV network RPN 9.

On the other hand, Television and Production Exponents, Inc (TAPE). is a company in charge of TV programming and was handling shows like Eat Bulaga! Eat Bulaga! was then with RPN 9.

In 1995, RPN 9 severed its relations with ACSA. TAPE retained the services of Servaña as a security guard and absorbed him.

READ THE REST OF THE DIGEST HERE





FAR EAST AGRICULTURAL SUPPLY, INC. and/or ALEXANDER UY vs JIMMY LEBATIQUE and THE HONORABLE COURT OF APPEALS

14 09 2010

G.R. No. 162813: FAR EAST AGRICULTURAL SUPPLY, INC. and/or ALEXANDER UY vs JIMMY LEBATIQUE and THE HONORABLE COURT OF APPEALS

12 February 2007 l Labor Standards

Abandonment – Service Incentive Leave – Field Personnel

In March 1996, Lebatique was hired as a driver by FAR EAST AGRICULTURAL SUPPLY, INC. with a daily wage of P223.50. His job as a driver includes the delivery of animal feeds to the clients of the company. He must report either in the morning or in the afternoon to make the deliveries.

READ THE REST OF THE DIGEST HERE





AUTO BUS TRANSPORT SYSTEMS, INC. vs ANTONIO BAUTISTA

14 09 2010

G.R. No. 156367: AUTO BUS TRANSPORT SYSTEMS, INC. vs ANTONIO BAUTISTA

16 May 2005 l Labor Standards

Service Incentive Leave Pay

Antonio Bautista was employed by Auto Bus Transport Systems, Inc. in May 1995. He was assigned to the Isabela-Manila route and he was paid by commission (7% of gross income per travel for twice a month).

In January 2000, while he was driving his bus he bumped another bus owned by Auto Bus. He claimed that he bumped the he accidentally bumped the bus as he was so tired and that he has not slept for more than 24 hours because Auto Bus required him to return to Isabela immediately after arriving at Manila. Damages were computed and 30% or P75,551.50 of it was being charged to Bautista. Bautista refused payment.

READ THE REST OF THE DIGEST HERE








Follow

Get every new post delivered to your Inbox.

Join 135 other followers

%d bloggers like this: