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3
there
was
a
termination
law
but
the
old
termination
law
did
not
provide
for
security
of
tenure.
The
old
termination
law
merely
provided
what
is
called
4th
exam
coverage
:
Termination
the
MENSA
-‐
1
month
salary
for
those
who
are
terminated
to
help
them
bridge
the
gap
between
no
work
and
looking
for
work
and
finding
a
new
job.
Tonight
we
begin
with
Termination
Law
(Book
Six).
Book
6
begins
with
279
That
is
the
purpose
of
the
MENSA.
For
certain
types
of
employment,
you
but
actually
it
is
294,
now
that
it
has
been
renumbered.
I
think
Rex
cannot
be
terminated
unless
you
are
granted
an
extra
1
month
pay
-‐
that
is
Bookstore's
numbering
is
incorrect,
check
your
codals.
The
SC
and
Azucena
not
security
of
tenure.
have
the
same
numbering.
What
is
Security
of
Tenure
("SOT")?
It
is
the
right
of
an
employee
who
has
Box
6
Termination
Law
is
an
implementation
of
security
of
tenure
right
found
been
engaged
without
a
term/engaged
open-‐ended
to
continue
in
in
Art.
XIII
Sec
3
of
the
Constitution.
employment
indefinitely
subject
to
the
condition
that
no
just
and
authorized
cause
supervenes.
Section
3.
The
State
shall
afford
full
protection
to
labor,
local
and
overseas,
organized
and
unorganized,
and
promote
full
employment
and
equality
of
What
is
the
opposite
of
security
of
tenure?
it
is
employment
at
will.
It
means
employment
opportunities
for
all.
that
where
an
employee
is
engaged
without
a
term,
either
party
(employer
or
employee)
may
terminate
the
contract
at
anytime,
with
or
without
cause.
It
shall
guarantee
the
rights
of
all
workers
to
self-‐organization,
collective
bargaining
and
negotiations,
and
peaceful
concerted
activities,
including
the
In
the
US,
there
is
no
SOT.
What
is
followed
is
employment
at
will.
In
the
right
to
strike
in
accordance
with
law.
They
shall
be
entitled
to
security
of
Philippines,
there
is
SOT.
So
you
cannot
terminate
an
employee
if
he
is
tenure,
humane
conditions
of
work,
and
a
living
wage.
They
shall
also
without
a
term,
unless
there
is
a
just
or
authorized
cause.
90%
of
labor
cases
participate
in
policy
and
decision-‐making
processes
affecting
their
rights
and
are
termination
cases
because
Filipino
employees
begin
to
complain
only
benefits
as
may
be
provided
by
law.
after
they
are
terminated.
10%
are
money
claims,
labor
relations,
etc.
Termination
law
is
a
very
short
law,
very
easy
to
master.
The
State
shall
promote
the
principle
of
shared
responsibility
between
workers
and
employers
and
the
preferential
use
of
voluntary
modes
in
All
you
have
to
do
is
to
ask
3
questions:
settling
disputes,
including
conciliation,
and
shall
enforce
their
mutual
compliance
therewith
to
foster
industrial
peace.
1.
is
there
authorized
or
just
cause?
2.
has
there
been
procedural
due
process?
The
Labor
Code
prescribes
a
The
State
shall
regulate
the
relations
between
workers
and
employers,
particular
procedure
by
which
one
can
measure
if
the
termination/dismissal
recognizing
the
right
of
labor
to
its
just
share
in
the
fruits
of
production
and
is
lawful.
the
right
of
enterprises
to
reasonable
returns
to
investments,
and
to
expansion
and
growth.
3.
is
the
penalty
proportionate
to
the
cause?
This
is
with
respect
to
the
remedies.
If
there
has
been
illegal
dismissal,
then
there
has
to
be
You
know
of
course
that
the
Labor
Code
PD
442
came
into
effect
on
reinstatement,
full
backwages,
return
to
seniority,
etc.
November
1,
1974.
Before
that,
there
was
no
security
of
tenure.
Before
that
Let
us
discuss
the
basic
principles
of
SOT.
I
will
tell
you
my
bias
-‐
I
do
not
So,
the
policy
of
full
employment
is
a
policy
that
will
remain
in
words.
It
believe
in
SOT.
An
economy
that
is
founded
in
SOT
is
a
defeated
economy.
cannot
be
complied
with.
There
will
always
be
a
certain
number
of
people
Why?
Even
your
parents
are
not
obliged
to
support
you
perpetually.
Unsa
pa
who
will
be
out
of
work.
kaha
ang
employer?
You
tell
me,
that
is
philosophical.
No,
that
is
economical.
LABOR STANDARDS 4 Exam 2013 | Camello Solis Juyo Cuabo
th
2
So,
are
you
going
to
penalize
an
employer
when
he
has
to
bring
in
new
HELD:
The
present
Constitution,
as
noted,
expanded
the
scope
of
the
workers
with
new
skills
because
there
has
been
a
particular
evolution
on
its
protection
to
labor
mandate
by
specifying
that
the
State
shall
assure
the
product?
If
you
penalize
the
employer,
then
what
will
happen
to
that
right
of
workers
to
security
of
tenure.
Subsequently,
in
Almira
v.
B.
F.
employer
will
be
the
same
thing
that
will
happen
to
many
of
these
bankrupt
Goodrich
Philippines,
it
was
the
ruling
of
this
Tribunal
that
even
where
employers
proliferating
now.
Take
for
example
what
happened
to
Nokia.
disciplinary
action
against
an
employee
is
warranted,
"where
a
penalty
less
They
have
all
these
workers
making
the
same
handset
they
used
to
make
punitive
[than
dismissal]
would
suffice,
whatever
missteps
may
be
because
it
was
number
one
in
the
world.
But
Nokia
did
not
know
android.
committed
ought
not
to
be
visited
with
a
consequence
so
severe."
An
Now
it
is
already
samsung,
iphone
S.
:))
Nokia
is
not
android,
it
is
the
handset
instructor
or
member
of
a
teaching
staff
of
a
university
was
held
to
be
an
of
yesterday.
So
how
can
you
demand
SOT
in
a
very
fluid
production
on
employee.
As
such,
he
is
entitled
to
that
security
of
tenure
guaranteed
by
economic
status?
the
Constitution.
While
a
faculty
member
such
as
petitioner
may
be
dismissed,
it
must
be
for
cause.
What
is
more,
there
must
be
clearance
from
Remember
that
protection
of
labor
was
already
present
in
the
1935
the
Secretary
of
Labor.
So
it
is
provided
in
the
Labor
Code.
Constitution.
But,
SOT
came
about
only
with
this
1973
Constitution.
The
stand
taken
by
petitioner
as
to
his
being
entitled
to
security
of
tenure
is
Now,
if
it
is
already
a
landmark
that
employees
have
SOT,
there
is
an
reinforced
by
the
provision
on
academic
freedom
which,
as
noted,
is
found
employee
that
has
double
SOT.
Who
is
that
employee?
That
is
the
landmark
in
the
Constitution.
While
reference
therein
is
to
institutions
of
higher
case
of
Montemayor
v
Araneta
University
Foundation
(1997).
The
decision
learning,
it
was
pointed
out
in
Garcia
v.
The
Faculty
Admission,
Committee
was
penned
by
CJ
Enrique
and
the
pertinent
passage
i
have
put
down
in
your
that
academic
freedom
"is
more
often
Identified
with
the
right
of
a
faculty
notes.
Remember,
it
is
the
teacher/professor
in
the
tertiary
level
education
member
to
pursue
his
studies
in
his
particular
specialty
and
thereafter
to
(college
and
above).
It
is
not
the
element
that
is
called
teacher,
it
is
not
the
make
known
or
publish
the
result
of
his
endeavors
without
fear
that
highschool
teacher,
but
the
college
professor
who
enjoys
SOT
in
the
Labor
retribution
would
be
visited
on
him
in
the
event
that
his
conclusions
are
Code
if
he
has
gained
tenure
and
the
probationary
period
for
teachers
is
found
distasteful
or
objectionable
to
the
powers
that
be,
whether
in
the
atleast
4
years.
He
has
that
SOT
but
then
he
also
enjoys
the
SOT
of
those
political,
economic,
or
academic
establishments.
For
the
sociologist,
Robert
with
academic
freedom.
Maclver,
it
is
'a
right
claimed
by
the
accredited
educator,
as
teacher
and
as
Montemayor
v
Araneta
University
Foundation
(1997)
investigator,
to
interpret
his
findings
and
to
communicate
his
conclusions
without
being
subjected
to
any
interference,
molestation,
or
penalization
FACTS:
because
these
conclusions
are
unacceptable
to
some
constituted
authority
within
or
beyond
the
institution.'
Tenure,
according
to
him,
is
of
the
essence
Montemayor
was
a
professor
at
the
Araneta
University
Foundation.
He
was
of
such
freedom.
For
him,
without
tenure
that
assures
a
faculty
member
found
guilty
of
making
homosexual
advances
on
one
Leonardo
De
Lara
by
a
"against
dismissal
or
professional
penalization
on
grounds
other
than
faculty
investigating
committee.
The
University
applied
w/
the
NLRC
for
professional
incompetence
or
conduct
that
in
the
judgment
of
his
colleagues
clearance
to
terminate
petitioner's
employment.
Meanwhile,
petitioner
filed
renders
him
unfit"
for
membership
in
the
faculty,
the
academic
right
a
complaint
w/
the
NLRC
for
reinstatement
and
backwages.
Judgement
was
becomes
non-‐existent,
Security
of
tenure,
for
another
scholar,
Love
joy,
is
rendered
in
petitioner's
favor,
but
on
appeal
to
the
Sec.
of
Labor,
the
latter
"the
chief
practical
requisite
for
academic
freedom"
of
a
university
professor.
found
petitioner's
dismissal
to
be
justified.
Reinstatement
was
no
granted
As
with
Maclver,
he
did
not
rule
out
removal
but
only
"for
some
grave
but
the
University
was
required
to
pay
the
professor
his
accrued
back
wages.
LABOR STANDARDS 4th Exam 2013 | Camello Solis Juyo Cuabo 3
cause,"
Identified
by
him
as
"proved
incompetence
or
moral
delinquency."
September
13,
2013
(First
Hour)
The
charge
leveled
against
petitioner,
that
of
making
homosexual
advances
Termination
to
certain
individuals,
if
proved,
did
amount
to
a
sufficient
cause
for
removal.
The
crucial
question
therefore
is
whether
it
was
shown
that
he
was
guilty
of
There
used
to
be
an
old
Termination
Law,
which
was
effective
before
the
such
immoral
conduct.
He
is
thus
entitled
to
the
protection
of
procedural
1973
Constitution,
but
the
Termination
Law
did
not
prohibit
termination.
It
due
process.
The
court
found
that
petitioner
was
afforded
his
day
in
court
simply
mandated
the
payment
of
1-‐month
salary
to
certain
jobs
or
and
so
his
dismissal
was
proper.
occupations
if
you
are
terminated.
The
1-‐month
salary
is
so-‐called
mensa,
which
is
supposed
to
tide
you
over
for
What
is
the
academic
freedom
of
a
professor?
It
is
the
freedom
to
conduct
1
month
to
enable
you
to
look
for
work.
That
is
not
really
the
beginning
of
his
own
investigation,
his
own
research,
and
to
publish
it
and
teach
the
the
so-‐called
Security
of
Tenure.
results
of
his
research
without
any
fear
that
he
will
be
against
any
established
norm
or
custom.
And
he
cannot
be
penalized
if
what
he
teaches
What
began
the
Security
of
Tenure
policy
in
the
Philippines
was
the
Labor
is
against
the
accepted
norm.
Because
if
he
is,
then
you
cannot
push
the
Code,
PD
442
which
became
effective
November
1,
1974.
frontiers
of
learning.
The
last
time
we
discussed
the
composite
policy
of
Security
of
Tenure,
which
is
employment
at
will
defined
as
where
an
employment
does
not
provide
for
a
definite
term,
then
neither
party
has
the
right
to
terminate
the
same
at
any
What
happend
to
Galileo,
the
scrientist?
He
was
dismissed
from
the
time,
with
or
without
cost.
university
because
what
he
taught
was
against
the
standing
norms.
And
it
took
over
a
thousand
years
for
the
church
to
finally
admit
that
it
was
in
error
So
right
there,
both
from
the
definition
of
Security
of
Tenure
and
for
century,
silencing
Galileo.
At
that
time,
there
was
no
academic
freedom
employment
at
will,
you
know
that
the
rendition
of
service
to
another,
so
science
was
curtailed
for
a
thousand
years.
engagement,
employment,
to
render
service
for
someone
may
be
interrupted
by
a
cause-‐
it
can
be
just
cause,
which
is
attributable
to
the
fault
of
the
employee
or
it
may
be
authorized
cause
because
(it
is)
neutral
to
any
form
of
employee.
How
is
the
professor
then
checked?
Who
is
going
to
correct
him
if
authorities
cannot
correct
him
based
on
accepted
norms?
The
professor/teacher
in
a
Example:
You
may
be
terminated
from
your
employment
with
your
employer
teritary
level
education
is
corrected
by
his
peers
-‐
those
who
are
in
the
same
because
of
the
so-‐called
introduction
of
labor
saving
devices.
field
doing
research
because
he
will
have
to
answer
to
them.
The
economists
say
that
this
recession,
part
of
it,
is
really
the
effect
of
so-‐
called
computerization.
So
you
have
the
notes,
go
over
them.
Read
those
cases.
Now,
less
and
less
people
are
hired
to
do
accounting.
So
much
of
the
country
is
now
taken
over
by
the
machines.
Dismissal,
naay
sala;
termination
walay
sala.
What’s
the
difference
between
Employees
in
the
public
sector
shall
enjoy
security
of
tenure.
the
two?
Casual
employees
shall
not
be
deprived
of
security
of
tenure.
In
termination,
there
is
normally
separation
benefits.
Just
cause,
there
is
none.
This
is
in
the
private
sector.
Why
is
security
of
tenure
granted
to
the
public
sector?
You
have
studied
Public
Officers,
what
is
it?
When
can
a
public
officer
be
According
to
the
debates
in
the
Constitutional
Convention,
security
of
tenure
separated
from
service?
Ang
language
sa
public
officers
is
for
cause.
is
granted
to
the
public
sector
for
the
sake
of
public
service.
Why?
Moingon
gani
ug
for
cause,
sala
na.
If
security
of
tenure
is
not
granted
to
public
office,
performance
would
be
Question:
Do
public
employees
enjoy
security
of
tenure?
low.
If
wala
kay
siguro,
pwede
ka
matanggal
sa
trabaho
ugma,
wala
kay
gana
motrabaho.
Public
service
will
suffer.
That’s
why
they
are
granted
Answer:
It
is
so
mandated
in
the
Constitution.
It
is
in
the
Constitution
but
the
security
of
tenure
so
that
the
quality
of
public
service
would
be
higher.
That
question
is,
is
the
security
of
tenure
of
public
employees
the
same
with
the
is
the
reason.
Security
of
tenure
is
granted
for
the
benefit
of
the
public,
not
private
sector?
NO,
they
are
not
the
same.
the
employee.
The
security
of
tenure
in
the
private
sector
is
granted
for
the
benefit
of
the
employee.
Law
protects
the
employee.
In
Civil
Service
law,
there
are
causes
for
removal.
All
these
causes
are
just
An
employment
shall
be
deemed
casual
if
it
is
not
covered
by
the
preceding
causes.
paragraph:
Provided,
That,
any
employee
who
has
rendered
at
least
one
year
of
service,
whether
such
service
is
continuous
or
broken,
shall
be
considered
We
said
before
that
there
is
a
classification
of
officers
in
relation
to
security
a
regular
employee
with
respect
to
the
activity
in
which
he
is
employed
and
of
tenure.
his
employment
shall
continue
while
such
activity
exists.
LABOR STANDARDS 4th Exam 2013 | Camello Solis Juyo Cuabo 6
Does
a
written
contract
determine
whether
you
are
a
regular
employee
or
“Dili
Sir,
regular
na
mi.
Gitudluan
mi
ni
Mr.
Gealon
na
law
student
diha.”
not?
If
you
are
engaged
to
perform
activities
which
are
usual
and
necessary
to
the
usual
trade
or
business
of
the
employee.
They
are
not
regular.
There
is
an
exception
in
Art.
294.
“
xxx
except
where
the
employment
has
been
fixed
for
a
specific
project
or
undertaking
the
Memorize
that,
you
will
amend
the
law
if
you
do
not.
completion
or
termination
of
which
has
been
determined
at
the
time
of
the
engagement
of
the
employee
xxx”
Let’s
see.
The
name
of
the
Crystal
Clear
Glass
Store.
Namaligya
na
sila
ug
sheet
glass.
It
may
be
usual
and
necessary
to
the
trade
or
business
but
if
it
is
a
project,
it
is
an
exception
to
the
rule.
What
happened
is
that
the
entrance
to
that
store
has
an
awning.
The
awning
is
about
to
collapse,
so
the
owner
of
the
store
engages
a
person
for
its
repair.
What
makes
a
project?
In
the
case
of
Fernandez
vs.
NLRC,
the
SC
said
that
there
are
two
kinds
of
construction
workers:
(1)
project
workers
and
(2)
Take
a
look
at
that.
“Do
you
know
how
to
repair
that?”
Yes.
non-‐project
workers.
“Do
you
know
how
to
order
the
necessary
materials?”
Yes.
These
non-‐project
workers
are
regular
workers
because
they
have
been
engaged
without
reference
to
particular
project
but,
if
you
are
engaged
and
“Can
you
do
it
alone?”
No,
I
have
to
call
additional
help.
from
the
inception
you
were
informed
na
kutob
ka
lang
ani
na
project,
then
Pagkahuman
niya
ug
trabaho,
giingnan
lang
siya:
“Sige,
human
na
man
ka
you
are
not
regular.
trabaho.
Maglamano
na
ta.”
Is
he
regular?
What
makes
you
a
project
worker
is
the
nature
of
your
engagement.
At
least,
What
is
the
usual
trade
or
business?
Selling
sheet
glass.
Does
the
work
of
the
you
were
informed.
carpenter
involve
selling
sheet
glass?
No.
So,
he
is
not
a
regular
employee.
Does
the
project
employee
enjoy
security
of
tenure?
What
does
the
last
The
performance
of
the
carpenter
there
is
not
usual
or
necessary
to
the
sentence
say?
selling
of
the
sheet
glass.
He
is
not
a
regular
employee.
“xxx
Provided,
That,
any
employee
who
has
rendered
at
least
one
year
of
Put
it
in
another
context.
EEI,
Engineering
Equipment,
Inc.,
one
of
the
biggest
service,
whether
such
service
is
continuous
or
broken,
shall
be
considered
a
construction
contractors
in
the
Philippines.
regular
employee
with
respect
to
the
activity
in
which
he
is
employed
and
his
Assume
now
that
EEI
has
won
a
contract
to
construct
one
of
the
buildings
of
employment
shall
continue
while
such
activity
exists.”
Ateneo.
What
is
the
activity?
Carpentry.
Wala
pa
man
mahuman
ang
carpentry.
There
is
a
foreman
from
EEI
Manila
that
flies
in
here
and
puts
up
a
sign,
You
must
distinguish
clearly
what
the
activity
is.
There
are
many
kinds
of
“Wanted:
experienced
carpenters,
masons,
electricians,
apply
now.”
Naa
carpenters
–
rough
and
finishing.
Finishing
carpenters
do
doors,
cabinets,
siya’y
gamay
na
lames
diha,
he
starts
hiring
them
one
by
one.
Sugod
sila
ug
partition.
When
they
are
finished,
they
are
let
go.
construct
diha.
After
a
year
and
a
half,
the
building
is
finished,
moingon
siya:
“Karong
hapona,
katapusan
na
lang
ninyong
trabaho.”
In
fact,
there
is
a
decided
case
in
the
SC
that
provided
that
the
termination
of
a
project
must
be
reported
together
with
the
list
of
all
the
employees
In
the
manufacture
of
softdrinks,
Christmas
season
begins
a
month
before
PROCEDURE
FOR
TEMINATION/DISMISSAL
Christmas.
They
hire
30%
more
of
the
people.
The
additional
30%
of
the
work
force
are
seasonal
workers.
At
the
inception
they
are
told,
at
the
end
of
I
WOULD
LIKE
TO
BRING
YOU
TO
THE
PROCEDURE
INVOLVED
IN
the
season,
they
are
let
go.
They
are
not
fired.
It
only
means
that
the
season
TERMINATION.
The
procedure
for
termination
is
different
depending
on
the
has
elapsed.
There
is
no
separation
pay.
cause.
If
it
is
just
cause,
cause
that
is
attributable
to
the
fault
or
guilt
of
the
employee
then
the
procedure
is
longer.
An
example
of
a
natural
season
is
the
sugar-‐milling
season.
It
is
anywhere
between
6-‐8
months.
In our region, there are 3 major sugar-‐milling companies. JUST CAUSE (PROCEDURE)
There
is
one
in
Malaybalay,
Bukidnon,
Don
Bosco
Sugar
Company.
There
is
The
procedure
is
outlined
in
what
used
to
be
277
but
now
it
Article
another
in
Matalam,
Cotabato,
Matalam
Sugar
Company.
And
the
third
one,
291b.
You
have
read
in
the
notes
that
I
have
given
you
penned
by
C.J.
Davao
Sur
Sugar
Milling
Company.
Corona.
Art
291b
is
at
odds
with
the
IRR
of
Book
VI.
Very
few
realize
that
these
3
are
now
owned
by
one
and
the
same.
They
are
Who
is
the
complainant
in
an
illegal
termination
dispute?
The
one
owned
by
the
Gutianos
(?),
by
FIlinvest.
who
is
terminated.
Technically
in
a
procedure,
the
one
who
complains
has
the
burden
of
proof,
this
is
an
exception.
This
is
an
exception
because
the
How
many
times
do
you
harvest?
Once.
How
long
does
it
take
to
grow
a
Constitution
recognizes
the
right
to
security
of
tenure.
Remember
the
sugarcane?
10
months.
definition,
the
right
of
the
worker
to
continue
in
employment
when
there
is
no
fixed
term
agreed
upon
subject
to
the
condition
that
there
is
no
just
or
How
about
banana?
How
many
times
do
you
harvest
in
a
year?
Technically,
authorized
cause
that
supervenes.
So,
it
is
the
employer
who
must
notify,
you
harvest
once
a
year
pa,
naa
pa
man
nay
saplings.
After
that,
you
can
informing
the
complainant
of
the
causes
against
him,
it
must
comply
with
the
harvest
all
year
round.
standards
of
information
and
you
must
detail
the
acts
or
omissions
that
constitute
the
just
cause.
What
is
the
measure
of
sufficiency
of
the
narration
there
of
just
cause,
the
measure
is
WON
it
is
sufficient
to
inform
the
LABOR STANDARDS 4th Exam 2013 | Camello Solis Juyo Cuabo 8
employee
for
him
to
organize
his
defense.
If
you
cannot,
then
you
have
violated
the
two
notice
rule,
because
by
virtue
of
291b
now
there
is
this
two
notice
rule.
Instances
where
a
Formal
hearing
is
required
(Perez
vs
PT&T
CASE)
What
kind
of
proceeding
should
accompany
this
notice?
IRR
say
1.)
The
written
explanation
of
the
employee
may
also
include
a
request
that
that
there
must
be
investigation
that
is
trial
type.
That
is
the
decision
where
a
formal
hearing
or
conference
be
held.
In
such
a
case,
the
conduct
of
a
the
decision
of
Corona
said
that…
xxx
between
the
red
letter
of
the
law
and
formal
hearing
or
conference
becomes
mandatory.
the
Irr,
it
is
the
red
letter
of
the
law
that
prevailsxxx.
IRR
says,
the
Omnibus
2.)
Where
there
exist
substantial
evidentiary
disputes
or
Rules
of
Labor
code.
The
correct
name
is
Rules
to
Implement
the
Labor
Code.
Who
has
the
authority
to
make
the
make
the
implementing
rules.
Article
1
3.)
Where
company
rules
or
practice
requires
an
actual
hearing
as
part
of
the
decree
shall
be
known
as
the
labor
code
of
the
Philippines.
It
says
in
employment
pretermination
procedure.
Article
V
What
is
another
example
where
there
is
substantial
complance
with
the
law
without
a
hearing?
Let
us
say,
a
bank,
BPI
with
so
many
branches,
we
are
talking
about
a
cashier,
subjected
to
a
surprise
cash
count,
Article
5.
Rules
and
regulations.
The
Department
of
Labor
and
other
it
was
found
out
that
he
is
short.
What
is
the
result,
there
is
a
prima
facie
government
agencies
charged
with
the
administration
and
enforcement
of
case
of
esfafa.
The
moment
there
is
an
audit,
kulang
nang
kwarta
nga
naa
this
Code
or
any
of
its
parts
shall
promulgate
the
necessary
implementing
diha.
The
conclusion
is
that
you
have
converted
part
of
those
funds
to
you
rules
and
regulations.
Such
rules
and
regulations
shall
become
effective
private
use.
Evidentiary
wise,
the
complainant
should
prove
the
accusation.
fifteen
(15)
days
after
announcement
of
their
adoption
in
newspapers
of
The
moment
there
is
prima
facie
case,
the
accused
should
disprove
what
was
general
circulation.
found
out.
If
he
cannot
then
he
is
found
guilty.
You
know
the
order
of
trial.
The
complainant
must
prove
his
case
first,
the
respondent
(accused)
produce
evidence
to
disprove
what
the
complainant
has
presented
in
the
court.
In
The
Secretary
of
Labor
has
the
authority
to
make
the
illegal
dismissal
cases,
the
complainant
present
his
complainant,
it
is
now
the
Implementing
Rules
of
Regulations.
employer
who
has
the
burden
that
the
dismissal
is
legal.
What
does
C.J.
Corona
say
in
the
decision
of
Perez
vs
PT
and
T
et
A
method
that
will
comply
with
291b
would
be
something
like
al
case,
en
banc
decision
2009.
the
phrase
“ample
opportunity
to
be
heard”
this.
The
manager
should
write
a
letter
to
the
employee,
“you
are
hereby
can
be
reasonably
interpreted
as
extensive
enough
to
cover
actual
hearing
or
directed
to
explain
in
writing
why
you
should
not
be
dismissed
without
conference.
To
this
extent,
Section
2(d),
Rule
I
of
the
Implementing
Rules
of
benefits
for
having
stolen
x
ray
plates
from
the
warehouse
on
or
about
2013”.
Book
VI
of
the
Labor
Code
is
in
conformity
with
Article
277(b)xxx.
Therefore,
Then
the
employee
will
answer,
“on
those
dates
I
was
on
leave,
I
was
not
while
the
phrase
“ample
opportunity
to
be
heard”
may
in
fact
include
an
working,
how
could
have
I
stolen”.
The
management
will
then
reply
actual
hearing,
it
is
not
limited
to
a
formal
hearing
only.
In
other
words,
the
“According
to
the
logbook
of
the
sec
guard,
you
entered
in
the
building,
it
is
existence
of
an
actual,
formal
“trial-‐type”
hearing,
although
preferred,
is
the
logbook
of
security
guard.”
The
employee
will
then
answer
back
“
It
is
not
absolutely
necessary
to
satisfy
the
employee’s
right
to
be
heard.
So
you
true
because
I
entered
the
building
when
there
was
a
downpour,
nisulod
ko
do
not
need
a
hearing
but
it
must
be
equivalent
to
hearing’.
kay
gikuha
nako
akong
jacket.”
AUTHORIZED
CAUSE
(PROCEDURE)
Authorized
cause
procedure
is
file
a
notice
to
employee
and
the
Department
of
labor
and
at
the
end
of
30
days,
pay
the
benefits.
Not
included
in
the
labor
You
give
him
notice.
“In
30
days
from
receipt
you
will
be
code
is
the
sexual
harassment.
That
is
just
cause
Follow
the
procedure
in
just
terminated
for
redundancy”.
It
is
also
given
to
the
regional
office
of
the
cause.
department
of
labor.
Authorized
cause
requires
benefits
because
the
cause
for
termination
is
not
due
to
the
fault
of
the
employee,
so
he
is
entitled
to
benefits.
What
benefits?
If
it
is
not
due
to
loss,
1
month
salary
or
1
month
salary
for
every
year
of
service
(a
fraction
of
at
least
6
months
is
considered
1
Remedies
in
Illegal
dismissal
year)
whichever
is
higher.
This
is
applicable
only
if
not
due
to
loss
example
redundancy
and
the
engagement
of
labor
saving
devices.
What
if
you
are
1.
REINSTATEMENT
only
engaged
for
two
weeks,
pila
man
imung
madawat?
1
month
salary.
Kung
Remedy
is
found
in
Article
293
(279).
An
employee
who
is
1
year
ka
nagtrabaho?
1
month
lang
gihapon.
You
should
read
authorized
unjustly
dismissed
from
work
shall
be
entitled
to
reinstatement
without
loss
cases
under
Article
297.
of
seniority
rights
and
other
privileges
and
to
his
full
backwages,
inclusive
of
allowances,
and
to
his
other
benefits
or
their
monetary
equivalent
computed
from
the
time
his
compensation
was
withheld
from
him
up
to
the
time
of
his
Article
297.
Closure
of
establishment
and
reduction
of
personnel.
The
actual
reinstatementxxx.
So
you
have
been
illegally
dismissed,
the
labor
employer
may
also
terminate
the
employment
of
any
employee
due
to
the
arbiter
will
order
your
reinstatement.
Sometimes
it
is
no
longer
possible.
installation
of
labor-‐saving
devices,
redundancy,
retrenchment
to
prevent
There
are
at
least
5
instances.
losses
or
the
closing
or
cessation
of
operation
of
the
establishment
or
undertaking
unless
the
closing
is
for
the
purpose
of
circumventing
the
1.
Employee
dies
during
the
pendency
of
the
case.
In
lieu
of
reinstatement
provisions
of
this
Title,
by
serving
a
written
notice
on
the
workers
and
the
he
will
be
paid
separation
benefits
(1/2)
month
pay
for
every
year
of
service
Ministry
of
Labor
and
Employment
at
least
one
(1)
month
before
the
intended
form
the
time
that
he
was
illegally
dismissed
up
to
and
including
the
time
date
thereof.
In
case
of
termination
due
to
the
installation
of
labor-‐saving
that
he
dies.
3.
The
company
closed.
He
is
given
separation
benefits
(1/2)
month
pay
for
The
citataion
for
PALEA
is
19
SCRA
45
(1967).
Because
of
that
ruling,
you
can
every
year
of
service
form
the
time
that
he
was
illegally
dismissed
up
to
the
only
have
the
other
items
if
they
are
not
contingent
benefits.
There
was
a
time
the
company
closed.
ruling
for
teachers
for
instance.
The
school
illegally
dismissed
the
teachers
and
so
they
were
ordered
to
pay
full
back
wages
but
they
are
only
willing
to
pay
them
for
the
periods
where
they
are
teaching
but
not
during
semestral
breaks.
SC
said,
they
should
be
paid
for
semestral
breaks
including
the
4.
The
position
is
abolished.
He
is
given
separation
benefits.
ECOLA.
ECOLA
are
given
without
conditions.
5.
Animosity
and
severe
hatred
between
employee
and
employer.
For
example
you
are
holding
a
position
conferred
with
trust
and
confidence.
Globe
doctrine.
Reinstatement
might
not
be
possible.
You
will
be
paid
2.
PICOP
case.
When
you
are
assigned
in
surigao
and
that
you
are
an
separation
benefits
(1/2)
month
pay
for
every
year
of
service
form
the
time
engineer,
you
are
paid
hazard
pay
which
is
separate
from
the
basic
pay.
that
he
was
illegally
dismissed
up
to
the
time
judgment
becomes
final
and
When
they
were
transferred
to
manila,
they
questioned
their
transfer
and
executory.
they
were
declared
as
illegally
dismissed.
Does
full
back
wages
include
hazard
pay?
NO,
hazard
pay
is
not
included.
Wa
na
may
Hazard
pay
sa
manila.
That
is
a
contingent
pay.
152
scra
328
(1987)
2.
FULL
BACK
WAGES.
Receive
pay
from
the
time
you
were
illegally
dismissed
up
to
the
time
you
are
reinstated.
During
the
time
that
the
employee
was
separated
and
the
case
was
pending,
the
corporation
was
operating
in
shortended
workweek,
only
three
days
a
week
for
energy
conservation.
What
does
full
back
wages
mean,
does
it
What
is
the
meaning
of
full?
mean
full
week’s
pay?
SC
adjusted
the
order
of
the
labor
arbiter;
it
should
be
less
than
full
because
of
the
shortened
workweek.
Remember
that
before
1.
PALEA
case.
There
were
several
attendant
illegally
dismissed
by
PAL.
The
the
case
of
Ferrer
vs
NLRC,
illegally
dismissed
employee
was
only
to
get
NOT
court
ordered
full
back
wages.
The
attendants
said
that
they
were
not
paid
full
back
wages
but
wages
equivalent
to
three
years
which
is
the
maximum,
full
because
it
did
not
include
free
passes.
If
you
have
served
PAL
for
at
least
that
was
the
rule
by
Teehankee
in
mercury
drug
vs
CIR.
SC
changed
that
in
5
years
kasakay
ka
bisag
asa
sa
pilipinas
for
free.
So
they
said
it
should
be
Ferrer
vs
NLRC
after
the
amendment
in
the
RA
6715.
So
now,
the
rule
is
full
included
otherwise
the
pay
is
not
full.
SC
said
that
it
is
not
included
because
back
wages.
it
is
contingent
benefits.
Besides,
if
you
are
going
of
avail
of
that
you
must
fulfil
several
conditions,
you
write
the
management
and
then
set
certain
dates
and
you
are
issued
an
NRSS
ticket
(Non-‐revenue
subject
to
space).
SC