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Corporat
ion Law
Arcaina Austria Baadera Cheng Coloquio Diploma Fajardo Layno Lim, J. Perez Regis Villarin, L.
1
Villarin, P.
2A DIGESTS, SY 2015-2016
Corporat
ion Law
employer to escape liability to pay for termination pay. Such sale or disposition must have been
attended with good faith to exempt from liability.
There was no mention of any continued employment by Dadeco of Centrals employees and
hired them under their own policies and terms. Also, the negotiations or the sale and assets of petitioner
were held behind the back of the employees who were taken by surprise that ultimately terminated their
employment. Inasmuch that they were not notified of the plans, justice and equity dictate that private
respondents to their termination or separation pay corresponding to the number of years of service
within Central Danao.
(3) NO, they are not. Central Danao cannot take refuge under the doctrine of laches to shield itself from an
obligation created by law to protect the workingman.
DENIED
DOCTRINE (accdg. to CLV outline)
There is no law requiring that the purchaser should absorb the employees of the selling company. Wellestablished is the principle that it is within the employers legitimate sphere of management control of the
business to adopt economic policies to make some changes or adjustments in their organization or operation
that would insure profit or protect the investments of its stockholders. As in the exercise if such management
prerogative, the employer may merge or consolidate its business with another or sell or dispose all or
substantially all of its assets and properties which may bring about the dismissal or termination of its employees
in the process.
Arcaina Austria Baadera Cheng Coloquio Diploma Fajardo Layno Lim, J. Perez Regis Villarin, L.
2
Villarin, P.