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person supplying workers to an employer does not have substantial capital or investment in the
form of tools, equipment, machineries, work premises, among others; and (2) the workers
recruited and placed by such person are performing activities which are directly related to the
principal business of the employer. (Sy v. Fairland Knitcraft, G.R. No. 182915, December 12, 2011)
SPECIAL PROBATIONARY PERIOD FOR TEACHERS – For the entire duration of the three
(3) year period, the teacher remains under probation. However, this scheme of fixed-term contract
is a system that operates during the probationary period and for this reason is subject to Article
281 of the Labor Code, which provides that the services of an employee who has been engaged
on a probationary basis may be terminated for a (1) just cause or (2) when he fails to qualify as a
regular employee in accordance with reasonable standards made known by the employer to the
employee at the time of his engagement. (CSR and Mofada v. Rojo, G.R. No. 170388, September 18,
2013)
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employer will suffice a just cause for his dismissal from service. (Equitable PCI Bank v. Dompor,
G.R. Nos. 163293 & 163297, December 13, 2010)
JUST CAUSES; LOSS OF TRUST AND CONFIDENCE MUST STILL BE BASED ON
WILLFUL BREACH OF TRUST – In cases of managerial employees, the existence of a mere basis
for believing that a managerial employee breached the trust of his employer would suffice for his
dismissal. However, to be a valid ground, loss of trust and confidence must be based on “willful”
breach of trust, that is done intentionally, knowingly and purposely, without justifiable excuse,
as distinguished from an act done carelessly, thoughtlessly, heedlessly, or inadvertently.
(Intradent v. Simbillo, G.R. No. 207315, November 23, 2016)
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more insulting and odious for a fair employer. (Reno Foods, Inc., v. Nagkakaisang Lakas ng
Manggagawa – Katipunan, G.R. No. 164016, March 15, 2010)
JUST CAUSES; GROSS AND HABITUAL NEGLECT OF DUTY – To warrant a removal from
the service, the negligence committed should be gross and habitual. Although it was the
employee’s second time to commit mis-posting, it cannot be considered gross as to warrant her
termination from employment. “Gross neglect of duty” denotes flagrant and culpable refusal or
unwillingness of a person to perform a duty. It refers to negligence characterized by the want of
even slight care, acting or omitting to act in a situation where there is a duty to act, not
inadvertently but willfully and intentionally with a conscious indifference to consequences
insofar as other persons may be affected. (PNB v. Arcobillas, G.R. No. 179648, August 7, 2013)
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no choice but to continue with his employment despite abuses committed against him. (The
Orchard Golf and Country Club v. Francisco, G.R. No. 178125, March 18, 2013)
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closure/cessation of business is bona fide; (2) that written notice was served on the employees and
the DOLE at least one month before the intended date of closure or cessation of business; AND
(3) in case of closure/cessation of business is not due to financial losses, that the employees
affected have been given separation pay equivalent to one month pay or one-half (1/2) month
pay for every year of service, whichever is higher. A fraction of at least six months shall be
considered one whole year. (Sy v. Fairland Knitcraft Co., G.R. No. 182915, December 12, 2011)
TERMINATION DUE TO DISEASE; PROCEDURAL DUE PROCESS – The Labor Code and
its IRR are silent on the procedural due process required in terminations due to disease. In Sy v.
CA, the Supreme Court finally pronounced that the employer must furnish the employee two
written notices in terminations due to disease, namely: (1) the notice to apprise the employee of
the ground for which dismissal is sought; and (2) the notice informing the employee of his
dismissal, to be issued after the employee has been given reasonable opportunity to answer and
to be heard on his defense. This ruling reinforces the State policy of protecting the workers from
being terminated without cause and without affording them the opportunity to explain their side
of the controversy. Similarly, Section 2, Rule 1, Book VI of the Labor Code’s IRR expressly states
that the employee should be afforded procedural due process in all cases of dismissal. (Deoferio
v. Intel Technology Philippines, Inc., G.R. No. 101996, June 18, 2014)
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to reinstate and pay the wages of the employee during the period of appeal until revered by a
higher court or tribunal. (IsIriz Trading v. Capada, G.R. No. 168501, January 31, 2011)
SEAFARERS; “THE INCREASED RISK THEORY” – Under the “Increased Risk Theory”, there
must be a reasonable proof that the employees’ working conditions increased his risk of
contracting the disease, or that there is a connection between his work and the cause of his disease.
Only a reasonable proof of work-connection, not direct causal relation, however, is required to
establish compensability of a non-occupational disease. Probability, and not certainty, is the
yardstick in compensation proceedings. (GSIS v. Besitan, G.R. No. 178901, November 23, 2011)
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while at work abroad and away from his family. (Magsaysay Mitsui Osk Marine, Inc., and /or Mol
Tankship Management (Asia) Pte Ltd., v. Bengson, G.R. No. 198528, October 13, 2014)
SEAFARERS; SECTION 32-A OF THE 2000 POEA-SEC IS NOT AN EXCLUSIVE LIST – The
list of illnesses/diseases in Section 32-A does not preclude other illnesses/diseases not so listed
from being compensable. The POEA-SEC cannot be presumed to contain all possible injuries that
render a seafarer unfit for further sea duties. This is in view of Section 20(B)(4) of the POEA-SEC
which states that those illnesses not listed in Section 32 of this contract are disputably presumed
as work-related. (Grace Marine Shipping Corporation and/or Capt. Jimmy Boado v. Alarcon, G.R. No.
201536, September 9, 2015)
SEAFARERS; RULES ON DISABILITY BENEFITS – The following rules shall be applicable: (1)
the 120 days provided under Section 20B(3) of the POEA-SEC is the period given to the employer
to determine fitness to work and when the seafarer is deemed to be in a state of total and
temporary disability; (2) the 120 days of total and temporary disability may be extended up to a
maximum of 240 days should the seafarer require further medical treatment; and (3) a total and
temporary disability becomes permanent when so declared by the company-designated
physician within 120 or 240 days, as the case may be, or upon the expiration of said periods
without a declaration of either fitness to work or disability assessment and the seafarer is still
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unable to resume his regular seafaring duties. (Island Overseas v. Beja, G.R. No. 203115, December
7, 2015)
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legitimate spouse but must also be a dependent as defined, that is, one who is dependent upon
the SSS member for support. From prevailing jurisprudence, a wife who is already separated de
facto from her husband cannot be said to be dependent for support upon the husband, absent any
showing to the contrary. (SSS v. Favila, G.R. No. 170195, March 28, 2011)
JURISDICTION; CLAIMS FOR UNPAID SSS CONTRIBUTIONS – Under the Labor Code, the
Labor Arbiter shall have original and exclusive jurisdiction over claims for damages arising from
employer-employee relations. The observation that the matter of SSS contributions necessarily
flowed from the employer-employee relationship between the parties – shared by the lower
courts and the CA - is correct; thus, the claims for unpaid SSS contributions should have been
referred to the labor tribunals. It is noteworthy to state that the Labor Arbiter has jurisdiction to
award not only the reliefs provided by labor laws, but also damages governed by the Civil Code.
(Amecos v. Lopez, G.R. No. 178055, July 2, 2014)
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JURISDICTION; PLENARY POWERS OF THE SECRETARY OF LABOR TO ASSUME
JURISDICTION OVER LABOR DISPUTES – The authority of the Secretary of Labor to assume
jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to national interest includes and extends to all questions and controversies arising
therefrom. The power is plenary and discretionary in nature to enable him to effectively and
efficiently dispose of the primary dispute. This wide latitude of discretion given to the Secretary
of Labor may not be the subject of appeal. (Philtranco Service Enterprises, Inc., v. PWU-AGLO, G.R.
No. 180962, February 26, 2014)
APPEAL; WHEN PERFECTED – Perfection of an appeal in the manner and within the period
prescribed by law is not only mandatory but also jurisdictional. The failure to conform to the rules
will render the judgement sought to be reviewed final and unappealable. Article 223 of the Labor
Code provides in part that decisions, awards, or orders of the Labor Arbiter are final and
executory unless appealed to the Commission by any or both parties within ten (10) calendar days
from receipt of such decisions, awards, or orders. In case of a judgement involving a monetary
award, an appeal by the employer may be perfected only upon the posting of a cash or surety
bond issued by a reputable bonding company duly accredited by the Commissions in the amount
equivalent to the monetary award in the judgement appealed from. (U-bix Corporation v. Hollero,
G.R. No. 199660, July 13, 2015)
APPEAL; PURPOSE OF THE CASH OR SURETY BOND – This indispensable requisite (posting
of a cash or surety bond) for the perfection of an appeal is to assure the workers that if they finally
prevail in the case, the monetary award will be given to them upon the dismissal of the
employer’s appeal and is further meant to discourage employers from using the appeal to delay
or evade payment of their obligations to the employees. (Turks Shawarma Company/Gem Zeñarosa
v. Pajaron and Carbonilla, G.R. No. 207156, January 16, 2017)
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payment. (Pigcaulan v. Security and Credit Investigation, Inc., and/or Rene Amby Reyes, G.R. No.
173648, January 16, 2012)
PRESUMPTION IN FAVOR OF LABOR – In this case, there are serious doubts in the evidence
on record as to the factual basis of the charges against the employee. These doubts shall be
resolved in his favor in line with the policy under the Labor Code to afford protection to labor
and construe doubts in favor of labor. The consistent rule is that if doubts exist between the
evidence presented by the employer and the employee, the scales of justice must be tilted in favor
of the latter. (Malabunga, Jr., v. Cathay Pacific Steel Corp., G.R. No. 198515, June 15, 2015)
Good Luck!!!
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