Labor Law I Philippine Telegraph and Telephone Company vs.

NLRC Grace De Guzman (PET)

Employed by REP. as a reliever for a fix period ( 1990 1991) For Several times was to be reliever on the same basis Sept. 2, 1991, asked again as a probationary EE fro 150 days - Filled Out farn as single and civil status - throughly got married on may 1991 LABOR NCRC RULINGS 1. 2. 3. 4. 5. 6. DISPO PET Dismissed Double cost against petitioner state recognizes rule of women in nation-building and ensure equality bet men and women corrective labor and social laws leads to art. 136 of labor code prohibits discri by reason marriage of a female EE. petitioner outright violation of labor laws and consti against discri dismissal due to concealment of status remittance and not bec. of marriage matter of remittance deemed settled in the promi made made clear in the memo Gained regular status when performed activities necessary and essential to the usual made and business 3 month sus. Would be unfair to return without sanction ( back wage minus 3 months) contends verbal agreement. Terminate once married the variables is sex, without makes it discri and unlawful why not woman all women - irrelevant assaults good morals, policy and freedom of women and strikes at the very essence of marriage, its having and purpose Aug 1980 GSIS 1980 and chi tonic 1979 DISPOSITION Petition Dismissed. Decisions appealed are affirmed. No Codes Upon knowledge a marriage, resp. sent a memorandum reminding her of no marriage policy. (for women) Replied she was unaware Jan 1992, dismissed Filed complaint of illegal dismissal on NATL labor relations commission in baguio city. At preliminary conference, de Guzman admitted failed remittance. Promi Guilty of illegal dismissal Ground of dismissal insufficient and discrimination Affirmed with MADI Suspended for 3 months for her acts of dishonesty Motion for reco denied. 2. APPEAL ECC ISSUES 1. The respondent commission affirmance of the denial; by the respondent system totally ignored the supreme courts pronouncement on compensation cases. the contention is with in the scope of the labor, and the rulings under the old law no longer control. Under the Old law the claim for compensation under the workmens compensation act. It is not necessary For the claimant to carry the burden of proof to establish this case. It is not necessary to prove that employment was die sole cause of the death of the EE. once the disease has been shown to have been arisen in the course of employment, it is presumed by law, in the absence of substantial evidence to the contrary, that is arose out of it. Under the present labor code, the burden of proof showing causation has shifted back to the EE particularly to dive cases of sickness of injuries which are not accepted or listed in the occupational diseased by ECC. Which the petitioner failed to satisfactorily discharge. GSIS Filed Claim death benefits to the GSIS. Denied claim Disease of the decedent is not an occupational disease, nor the increased of contracting the same Increased by her working conditions. Affirmed GSIS Decision

In case of doubt in the interpretation and implementation of the provisions of the labor code, the same shall be shall be rescued in favor of the laborer. The court ruled that it has no dispute to the contention however, the same has not application since the pertinent provisions of the labor code leave no room for doubt either in their interpretation or application.

Bravo vs. Employees Compensation Comission

FACTS Bravo vs. Employees Compensation Commission May 1959 Evelio bravo - Employed at bureau of coast and geodetic survey as a cartographer I. Has been promoted several times until became a supervising cartographer engineer. His work was involved n drafting and plate printing, processing negatives And supervising formulation of lithographic chemicals Complained of irregular bowel movement, constipation and abdominal pain. Also began losing weight and appetite Admitted to st. lukes hospital. Diagnosed with sigmoid c colons dukes c

Peri-appendicitis . after his discharge from hospital, did not return to work and retired at the age of 48. received retirement gratuity from GSIS. filed claim for disability benefits in GSIS. Denied Claim. Adenocarcinoma of the sigmoid and peri-appendicitis are not occupational diseased And his working conditions not increased the risk of contracting then. Appealed to ECC.

Bonifacio vs. Government Service Insurance System

Petition for review of Certiorari FACTS PET. = Spouse of Lourdes Bonifacio a classroom teacher in catanduanes from aug. 1965 concentrated carcinoma of the breast with me stases to the gastrointestinal tract and lungs which caused her death on oct. 5, 1978

Evelio bravo Died on aug,. 20, 1981 His widow, angeles, pursued his appeal. ECC Affirmed GSIS. ISSUES 1. Whether or not under risk theory, bravos ailments are compensable disease bec. of his exposure to chemicals and stressful demands of work. SC: A claimant who depends on the theory of increased risk must present substantial proof to show that his ailment Contracted during his employment. Petitioner failed to submit convincing proofs.

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Petitioner contented that on resolution # 2677, its modified guidelines on cancer, stating that prolonged Exposure to chemicals that predispose someone to contracting the same. And that reasonable work-connection of the disease is insufficient. Petitioners argument is based on a ruling where body claimants submitted proofs of the condition of their employment, in the instant case, petitioner only enuger the chemicals he was exposed and relied on the probability that his working conditions could have increased the risk of contracting the disease if not caused by it. Under that labor code, the scheme and theory of employees compensation requires medical basis for claim to succeed. A finding of ECC medical experts has been given great weight. Grand petition for certiorari nullify and set aside NCRC order making permanent TRO and dismissing private respondents complaint No cost

Radio Communications of the Phils., Inc. vs. Court of Appeals

FACTS: Francisco Beneficio A.K.A. lazaro benedicto in his passport Hired by a foreign firmed, Abdul sis and no marred Aljomaih co. through its phillipine representative, manning international corp. as a truck rower In Riyadh Saudi Arabia. Left on Dec. 1, 1980 , with a stipulated term of 2 years. Met a vehicular accident several months before end of his contract Lost both of his legs Repatriated on aug. 1982 Failed complaint for recovery of his salary for the un expired portion of his contract, insurance benefits And projected cost of medical expenses.

Neither can resolutions 2610 and 2677 bolster bravos claim. They are to be applied prospectively. But even if applied, petitioner still failed to submit formal requirements required by the resolutions. We cannot adopt and sweeping interpretation of the law in favor of labor lest we engage in social legislation.

DISPO ECC Decision Affirmed

Philippine Airline, Inc. vs. NLRC

FACTS Aug. 1967 - dismissed by PAL on the basis fact finding panel rabasco Jacinto macatol (jesus saba) Not party in the accomplice proceeding Trial court Convicted the 5 after due trial (1976) ISSUES 1. Upon nation for reco only macatol was granted and later on absolved. (1978) The 3 appealed Nacatol filed for illegal dismissal after 12 years. Dismissed by labor arbiter due to prescription 1983, intermediate appellate court Affirmed decision only on Rogelio danian And absolved irineo and rabasco on grounds of reasonable grounds. 1984, irineo filed for illegal dismissal against PAL 17 years after his dismissal. Labor arbiter ruled for irineo and ask for reinstatement, back wages, moral damages which loss of seniority rights On accounts of prescription, termination by PAL is only suspension It contrast with macatol, this issue was not raised. PAL appealed to NCRC Affirmed arbiters reso Also recommended crim. Prosecution - On account of estafa oscar, irineo Rogelio danian Antonio

Manning INTLCorp. Did FCT file a position paper despite summons Ruling / Dispo: - Dismissed claim for salary to the unexpired portion of employment (legally terminated) NLRC Awarded workmens compensation benefits, permanent disability benefits, and actual medical expenses incurred Filed for motion for reconsideration and now trial to NCRC. Denied motion and affirmed decision. judgment became executory Benedicto moved for computation of the amounts due him. Respondent objected that the receipt referred to lazaro benedicto Overruled the same person. thereafter, benedicto protested limitation for medical expenses for 120 days filed for motion for partial reconsideration

May 27, 1985 -

NLRC

- Granted motion

Entazed a new judgment and approved payment for reimbursement of actual medical expenses from sept. 1992 Up to January 1985. ISSUES 1. whether or not the new judgment reddened by NCRC is valid A. the court ruled that once a judgment has been final and executory it becomes immutable and unalterable. The only exceptions are correction of clerical error or a nunc pro entry swon not being the case, NCRC judgment is void as ini. That judgment rest on consideration of equity and social justice. Is impermissible. Such cannot prevail over expressed provision of the labor code.

B.

DISPOSITION NCRC descision set aside. POEA reinstated and affirmed .

Termination of pal amounts only to suspension plain and categorical to think so is illogical and ludicrous Strained theory dismissal qua suspension. By referring to order by the court not to dismiss EE without court authority. Only in relation to labor dispute Ended when parties entered CBA Upon termination, CIR injupetion no longer relevant

2.

Reliance Surety & Insurance Co., Inc vs. NLRC

FACTS Petition for certiorari RESP: Reliance surety union Nov. 21, 1986, company changed seating arrangement Molina, rubio, macapagal and cansino protested Alleged that change is to harass union and without prior notice Headed discussion with the man. Occurred Refused to stay at designated placed and still leveled insults to those who testified.

3.

PAL rules that he be only on suspension, thus illegally dismissed After 17 years only means he slept on his right Thus, must be rejected as time-barned and being unpardonably tardy.

DISPO

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Was placed on preventive suspension. Then dismissed. 3. Findings of administrative agencies which have acquired expertise bec. Their jurisdiction are confined to specific matters are generally accorded respect and finality.

Union filed for illegal dismissal and ULP with NL-RC While complaint pending, filed notice for strike DOLE. March 12,1987 Began strike before initial conference could take place, march 17, 1987 Picketed in the bldg Harassed ESS March 31, 1987 company filed for declaration of illegal strike with NCRC - Strike illegal - Upon appeal, affirmed But ordered reinstatement of striking officers without loss of seniority. But without back wages. Dismissal of the 4, upheld. But ordered payment of 1 month sal. With benefits.

DISPO PET. Dismissed for lack of merit

Labor PCRC

Vinoya vs. National Labor Relation Commission

FACTS: -

ISSUE I. A. Whether or not strikers who have been found staged an illegal strike may be reinstated. Strike is illegal no question 3 Reqs: 1. 15 days prior notice 2. 2/3 vote by secret ballot 3. Submission of vote to dept of labor at least 7 days prior strike To reinstate officers who staged strike in bad faith is to reward an act against public policy Ferrer and almira cases. - Both strikes were not illegal and carried out in good faith Ferrer defective strike Almira violent strike doesnt make it illegal, and ground for dismissal Rubio admitted valid dismissal by accepting the sum of 2,448

B. C.

D.

DISPO Petition granted

Rosario Brothers Inc. vs. Ople

FACTS: Petitioner: Rosario Bros Inc. Respondents: tailors, pressers, stit__chers and similar workers Some worked since 1969 until separation 1928. Sept 1977 Respondent filed complaint for 13th pay and emergency allowance with dept. of labor ( now ministry ) Dec. 1977 Labor arbiter dismissed complaint upon finding that complaints are not EES. Jan 1978 Respondent were dismissed respondent filed for illegal dismissal with ministry of labor NCRC Affirmed decision of labor arbiter and dismissed complaint. Minister of labor upon appeal reversed NCRC decision: complaints are EES Petitioner-respondent-to pay 13th month pay and emergency allowances. Thereafter, respondent filed for issuance of writ of execution of the decision of minister of labor which was granted and partially implemented. Labor arbiter issued an order to compute the balance of priv. respondents. March 4, 1980. a report was submitted pursuant thereto Thereafter, a writ of execution was issued for the satisfaction of the said amount. Hence, petition for certiorari, praying, among the others, to annul and set aside the decision of minister of labor and to dismiss the claims of the priv. respondents. ISSUES: 1. Whether or not petition was filed too late. the decision of minister of labor has already become final decision has already been partially implemented [Merits: Devoid of merit] 2. a. b. c. d. e. whether or not there exist an employer- employee rel. elements to determine its existence: Selection and engagement of the EE. hiring is the done by PET, through the master cutter payment wages received weekly salaries on piece-work basis power dismissal violation of memoranda ground of dismissal Jan 2, 1998 resps were dismissed power to control employees conduct required to work mon sat worked on job orders observer cleanliness subj. to quality control Were allowed to register with GSIS as employees of petitioner

Vinoya applied and was accepted onmay 1990, as a sales representative by RFC on the same date was issued an i.d vinoya alleges that he was under direct control and supervision plant manager and senior salesman of PRC. On july 1991, vinoya was transferred by RFC to PMCI, an agency which provides RFC with additional contractual workers pursuant to a contract for supply of manpower services after his transfer. He was re assigned to RFC as sales representative. Subsequently on nov. 1991, he was informed by RFC that his services were terminated and he was asked to surrender his i.d. card. Dec, 1991, vinoya filed a case of illegal dismissal and non.payment of 13th moth pay before the labor arbiter. PMCI was initial imp leaded as one of the respondents, but vinoya withdrew his charge against PMCI and bought/pursued his claim solely against RFC. Subsequently, RFC filed a 3rd party complaint against PMCI. Labor RFC is guilty of illegal dismissal but denied 13th m. pay RFC is the employer NLRC PMCI is an independent contractor, guilty of illegal dismissal. Ordered payment of 13th month pay. ISSUES: I. Whether petitioner was an employment of RFC or PMCI. A. Status of PMCI (whether it is a independent contractor or labor-only contractor Elements of labor-only 1. Have substantial capital to perform the job work or service on its own acct. and responsibility 1,000,000 stock 75,000 in paid = not enough 2. Workers assigned by PMCI to RFC, the ______ has the control 3. Doesnt perform and specific job or service Merely supplies RFC with EES 4. Sales reps are directly related to the business of RFC 5. Granting PMCI is an independent contractor Petitioner is not included in the list to be assigned to RFC C. RFC carried out the 4 _____ test. 1.) Power to hire I.D. issued is sufficient for a proof PET is with RFC prior contract 2.) Payment of wages funds came from RFC although coursed through PMCI 3.) Power of control RFC admitted - PET is under the direct control of RFC personnel 4.) Power to Dismiss Contract states that RFC has the power to dismiss II. Whether petitioner was illegally dismissed? Due to his length of service, acquired _ tams of reg EE. Thus may only be dismissed upon compliance of legal reqs: for dismissal. Two fold reqs: 1. Substantial 2. Procedural 1. 2. Expiration of contracts is not one of the The grounds allowed by law No notice of impending dismissal

DISPO Decision and reso of NLRC are annulled and set aside Labor arbiter decision is reinstated

Insular Life Assurance Co., Ltd vs. NLRC

FACTS: July 1968. Basiao and insular life insurance entered into a contract. Contains relations of the parties, duties of the agent, acts prohibited to him and termination. April 1972. both entered into another contract agency managers contract. To implement his end Basiao organized an agency, which he named Basiao and associates , while also fulfilling the first contract 1979 company ended managers contract. Basiao filed for civil action. Then he was terminated.

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Basiao filed to MOLE a complaint sought to recover commissions. Allegedly unpaid. Labor arbiter ruled in favor of basiao there is employer > __ RFC NLRC affirmed hence, petition for certiorari <- prohibition. Private Respondent (4) Phil. National Construction Corporation (Govt ________ Corp.) Respondent were deployed by PETS at Iraq as security guards. April 12, 1985 monthly salary of 350 usd and validated on April 22, 1985 May 12, 1985 substituted contract which states of 200 USD monthly salary for a period of two years. Was accepted by respondents. Upon period lapsed, resps filed resignation on Aug. 31 1987. to avail more benefits under retirement plan of PNCC. Aug. 17 1987 , filed complaint before POEA, among others a.) non-payment of promotional pay increase b.) underpayment of salaries OT, bonuses, night differential, SL and UL benefits c.) assigning Friday overtime duties to nonguards. POEA Decided on the first two issues on the affirmative and negative as to the rest. Pay the difference of 350 260 Appeal NCRC -Affirmed POEA Hence, Petition for certiorari ISSUES 1. Whether or not NCRC committed grave abuse of discretion. Its ________ of art. 34. Judicial review through certiorari may annul admin decisions showing grave abuse of discretion. Not in the case. Based decision on the confirmation letters and admission of PNCC Upon claim of PET. That it was only a notice employment and not signed by resps In case of doubt , labor contracts shall be construed in favor of the working man. DISPO Decision affirmed PET. Dismissed

ISSUE: Whether basiao is an employee. Thereby placing the case in jurisdiction of labor arbiter or an independent contractor, whose claim was thus ______ by regular courts. Petitioner contends that control is the most critical feature in determining an employer. EE rel and the contract states the rules and regulation he is subjected to. A line must be drawn between the rules that merely serve as guidelines towards the achievement of the mutually desired result without dictating the means and methods to be employed in attaining it, and those that control party or fix the methodology and ____ or restrict the party hired to the used of such means. The first which aim only to promote the result, create no employer-EE relationship unlike the second which address both the result and the means used to achieve it.

Ruling: -

It is usual and expected for an insurance company to promulgate a set of rules to guide its commission agents in selling its policies that they may not run afoul of the law and what is requires or prohibits. None of these really invades the agents contractual prerogative to adapt his own selling methods or to sell in his own time and convenience

DISPO Appealed Reso, set aside Complaint dismissed

Clemente vs. Government Service Insurance System Abella vs. National Labor Relations Commission
FACTS: Petitioner Wife of late pedro clemente 10 years janitor of doh, assigned in ilocos norte skin clinic Nov 3-14 1976 hospitalized due to nephritis Later found out also suffering from portal cirrhosis and leprosy, AKA Hansens disease Nov. 14, 1976, died of uremia due to nephritis. Wife / PET. Filed for employees compensation under labor code to GSIS GSIS Denied Bec. Ailment is not occupational disease and not the least causally related to his duties and condi of work. Motion for reco. Denied GSIS forwarded claim to ECC ECC Rulings 1. not listed in occupational diseases 2. no evidence of casual connection 3. had acquired the disease prior employment art 167 labor code: For sickness and the resulting disability and death be compensable : 1.) Sickness must be listed in the occupational diseases. 2.) Proof that risk of contracting the disease is increased by working conditions. PET. Invokes theory of increased risk ECC: __ disease was caused by his employment it was only a recurrence of an existing disease aggravated by nature of work GSIS: prayed to be dropped as party respondent in this case ISSUES 1. Whether or not there is sufficient evidence to sustain theory of increased risk. exposed as janitor diseased was to diff. carriers of viral and bacterial diseases , the EE most exposed to dangerous concentration of infected materials and the least likely to know how to avoid infection. it is unreasonable to not conclude that the working conditions definitely increased the risk of contract f the disease. Resps posture is against / inconsistent with the liberal of the labor code which favor the workers. 2. there have been aggravation of existing ailment but such aggravation is not in the present law. no evidence deceased was hired in state of having an existing disease _____ to become worse. 3. GSIS, to be dropped as party in the case no merit, the fact that the court required GSIS to comment is an indication that it is a necessary party DISPO Decision appealed is set aside. respondent GSIS ordered to pay. 1. P12,000 death benefits 2. P1,200 Attys fee FACTS petition for certiorari Petitioner Rosalina abella Leased land known as hacienda danao Ramona on june 27,1960 at negros accidental , for a period of 10 years. Aug. 1970 extended contract for another 10 years. During existence of the lease employed respondents Ricardo dionele - farm worker since, 1949 promoted cabo 1963 Romeo quitco - a regular since 1968 also become cabo same year upon termination of lease dismissed Resps Oct. 1981 turned overland to owners and when continue cultivation and management. Nov. 1981 filed complaint against PET. For illegal dismissal, reinstatement and back wages (MOLE) DISPO: dismissal is warranted but granted separation pay Appeal to NLRC: affirmed MOLE decision dismissed Motion for reco: Denied MAIN ISSUE: whether or not __ respondent are entitled to sep pay. 1. not liable for sep pay. Nor for reinstatement as closure of business is a just cause for employment termination. labor arbiter agreed that dismissal is justified. But invokes art 284. which provided rights of employees under circumstances. 2. provision is against the non-impairment of obligation and contract, its payment of sep pay is not contemplated in the lease agreement. the purpose of art. 284 is to provide protection to employees terminated due to entrenchment or closure of establishment. No showing that the new management took over the responsibilities of the former employer resps will be new EES, thus at the years of service would be nothing. Consti prohibi is in reference to the rights of the parties and not to the non-parties Interpretation of the provisions of the labor code should favor the labor Contract cannot an effect annulling subsequent legislation designed to protect the interest of labor. DISPO Labor decision Affirmed -

PNOC-Energy Development Corp. vs. NLRC

FACTS Petition for certiorari to set aside resolution

Danilo Mercado employed by PNOC EDC on 1979 From clerk to shipping clerk at cebu office transferred to dumaguete, negros oriental 1984

Philippine National Construction Corporation vs. National Labor Relation Commission

6/30/85 dismissed on 1985 1. due to serious act of dishonesty committed: shingles 1,680 = 1000

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2. 3. rubber stamps 28.66 80.00 discount given by supplier 70.00 = not repaved 2. whether or not individual PETS were permanent EE. manual regulations for private schools, and not labor code , is applicable UST V. NLRC held to acquire permanent status, 3 reqs a. full time basis b. 3 consecutive years c. Satisfactory service 11 of the PETS were full time, only 2 rendered 3 consecutive years. However, no showing that during those 3 years they were on full time and had satisfactory service. Thus not one acquired permanent status. Arrovo It is absurd that by teaching on part time, after obtaining permission to take masters, arrovo relinquished her permanent status. Failed to show that masters is a prerequisite for arrovos position Not afforded due process. Failed twin notices req. by labor code only received a letter in replu to her request the same served as notice of termination minimum wage affirms NLRC

7/23/85 complaint for illegal dismissal March 1986 after both parties submitted their position papers labor arbiter ruled in favor of Mercado NLRC dismissed appeal for lack of merit ISSUES 1. 2. whether or not matters of employment affecting PNOC-EDC are within labor and NLRC jurisdiction. PET ____ that the decision was rendered when the 1973 consti was in effect. Which states that gout owned ___ are within civil service law.1 Supplanted by the new constitution. Thus, PNOC EDC being incorporated under gen. corp. law is subj. to labor code Even if the 1973 was still in effect NLRC still has jurisdiction, bec. It is 1987 consti that is in place at time of the decision. assuming the affirmative, whether or not NLRC is justified with its order. ground of dishonesty = without basis denial of __ process = without merit both submitted position papers court ruled that agencies which acquired expertise accorded respect and finality. Courts do not review suffiency of evi. But is limited to issues of jurisdiction or grave abuse of discretion.

3. 4.

DISPO affirms NLRC with modification. Arrovo reinstatement, back wages which loss of seniority.

Cabrera vs. NLRC (Third division)

Petitioners Dismissed by NLRC 1980 filed complaint to ministry of labor and employment Labor arbiter ordered reinstatement, backwages of 2 years and other benefits Appeal 1st division of NLRC affirmed 1983 Petitioners moved for issuance of writ of exec. NASECO opposed due to copy of order not furnished denied reco. Denied appealed to 3rd division of NLRC Declaring itself without jurisdiction Dismissed case on 1987 thus, petition ISSUE 1. whether or not NASECO is governed by labor laws or by civil service law. NLRC applied 1973 consti which states that civil service embraces every branch. Instrumentality, subd. And agency of the govt. The court ruled that the law in application is the 1987 const. which states that civil service embrace only those with original charters. NASECO being without orig. charter. NASECO is _______ challenging jurisdiction Having accepted it while the case was in progress, until 1987. Grave abuse of discretion not charged in the certiorari

DISPO Petition denied. NLRC resolution affirmed

National Mines and Allied Workers Union vs. San indelfonso College-RVM Sisters Administration
FACTS PET NAMAWU Natl Mines and allies workings union certified bargaining agent of the rank and file employees of resp. Juliet arrovo - pres. of SICAFP. Affiliate of NAMAWU resp. san indelfonso college rum sisters administration - arrovo tencired teacher asked to beach on full basis again, not allowed. Due to failure to make use privilege Aug 1991 other individual petitioners, notified of non-renewal of contracts April 1991 SICAFP formalized into a labor union affiliated to NAMAWU April 1991 NAMAWU was chosen as the bargaining agent May 1991 individual petitioners wrote to private resp. indicating desire to work, but private resp refused to take them back. Due to no amicable settlement, pets filed complaint ( to labor arbiter) CONTENTIONS: PET: that they were regular EE for having rendered service for more than a year, and entitled annual renewal of contract. RESP: except for arrovo individual PETS are either probationary or part time. And rendered less than 3 years. She lst her status when she requested to be on part time to complete masters degree. college _____ on its rights and thus not guilty of illegal dismissal. LABOR ARBITER: 5 did not sign complaints thus not include as complainants ruling: guilty of ____ and illegal dismissal. Contracts are not bilateral agreement but by appointment Teachers were not given opportunity to explain their side Those on probation, were not given their ratings Timely, in the formation of the union and affiliating to NAMAWU. Computation made by resp erroneous Computed on basis, should be on monthly DISPO Guilty of illegal dismissal _____ NLRC RULING OSG ISSUES 1. Moves for dismissal of case except as to arrovo. All were legally dismissed except as to arrovo College computed correctly. _____ not counted. agreed with OSG ULP? no. there was no substantial evidence showing PETS were prevented to exercise right to self-organization. Certification for election was not even opposed by the college. reverse decision and dismissed complaint to be permanent __ may only be acquiring by a full-time EE with 3 years of good service except arrovo, all were on part time / probationary arrovo failure to procedure degree, breach of trust which is a valid ground for dismissal analyn jesusa not a proper party, a secretary computation, upheld colleges computation absolved resps from ___. It was not clearly established that PETS were dismissed due to union activities. Motion for reco, denied. Thus petition. Feb 1991

DISPO NLRC decision reversed and set aside Decision of labor and NLRC 1st division reinstated no cost.

Ebro III vs. National Labor Relations Commission

FACTS: ICMC international catholic migration commission non-profit agency engaged in international humanitarian and voluntary work. Jose Ebro III employed by ICMC on June 1985 after six months upon employment, was give a notification of termination effective Dec 21, 1985. Filed complaint of illegal dismissal on 1986 ICMC answering complaint, complainant filled to qualify for regular employment, and was given necessary wages. 1989 Private respondent submitted memorandum which among others things, invokes immunity on basis of ___ signed on 1988 BET. Phil. Govt ICMC. Labor arbiter decided against immunity deprivation of due process and violation of contract of employment. Also, not an act of congress. Reinstatement 1 yr back wages other benefits and atty;s fees Both appealed to NLRC NLRC Case dismissed immunity upheld Motion for reco Denied Hence, Petition for certiorari to set aside NLRC reso BASIC ISSUE: whether or not MOA gave ICMC immunity ISSUES 1. Whether or convention of united nations. Not moa is an act of congress?

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2. 3. 4. convention has the force and effect of law as out constipation adapts the generally accepted principles of international law. MOA carries out PHILs obligation under the convention immunity give reproductive waived? no. the scope of the immunity in the convention is instructive. The convention provides immunity as estoppels does not operate to give instructive. The convention provides immunity from every form of legal process. immunity waived? convention, requires waive be expressed . neither ICMC be estopped from claiming immunity as estopped does not operate to give jurisdiction to and tribunal that has none overcause of action. immunity deprives due to process? no Govt may withdraw privileges and immunity if it sees that there has been an abuse, as the convention provides. DISPO Decision Affirmed. Petition Dismissed.

Dumlao vs. De Guzman

FACTS: Petitioner: LVN PICTURES INC. AND SAMPAGUITA Respondent: Philippine Musician Guild * Petition for review by certiorari of an order of the court of industrial relations certifying the guild as the SOLE and exclusive bargaining agency of all the musicians working with said companies, including premiere productions. PETS: contends that they have no musicians as employees and that. The musical numbers of the films are furnished by independent contractors. Court of industrial relation: sustained said theory motion for reconsideration denied by court and bank. ISSUES 1. whether or not petition for certification cannot be entertained when existence of employer employee relationship between the parties is contested. not supported by any authority or legal provision so long as, after due hearing the parties are found to bear such relationship, it is proper to pass upon the merits for certifaication. 2. whether or not certification is improper in the present case bec. A.) the petition does not alleged and no evidence was presented that the allege musicians. Employees of the respondent constitute a proper bargaining unit. B.) and that the said musicians-EES represent a majority of the other numerous employees of the film companies. absence of express allegation is not fatal in certification as it is not a litigation in its common term, but merely an investigation as to ascertain the desires of the employees as to the matter of their representation it is alleged in the petition that the guild is a duly registered labor organization and 96% of the musicians playing for the musical recordings for film companies member of the guild. More over, court of industrial relations has a wide discretion to determine upon an appropriate bargaining unit. And such decision has almost complete finality, unless action s arbitrary or capricious. MAIN ISSUE whether or not the musicias in question re employee of the film companies. The relation BET. The business of the petitioners and musicians are not casual. As the work of the musicians is an integral part of the entire motion picture. The ____ for employer employee relationship is where the person for whom the services are performed reserves a right to control not only the end but also the means to be used in reaching such end. It may exist not withstanding the intervention of an alleged independent contractor who may hire and fire its workers.

DISPO Petition Dismissed for lack of Merit.

Standard Chartered bank Employees UNION (NUBE) vs. Confesor

Standard chartered bank-intl bank (resp) Standard chartered bank employee union ( petitioner ) exclusive bargaining agent of the bank file EES aug. 1990 the bank and the signed a 5 year CBA. With a provision to renegotiate on the 3rd year. Prior expiration of the 3rd year, the union initiated the negotiation Feb 18, 1993 through its. Pre. Edie Divina Garcia union sent a letter containing its proposals covering political provisions. With the list of the members of the panel. Feb 24, 1993 petal harris, banks country manager, sent counter-proposal in non-economic provisions and also attached list of the member of its panel. Before commencement of the negotiation, union ( __ divina Garcia ) suggested to banks HR man. And head of negotiating panel ( diokno ), that bank lawyers should be excluded from the negotiating team. bank acceded. Diokno suggested that umali be excluded. (dube pres.) however umali was retained thereof. March 12, 1993 , parties met and set ground rules for the NEG. diokno suggested to keep it a family affair there were provisions in non-economic both parties did not agree both agree to put a notation of deferred/ deadlocked may 18, 1993 - NEG commenced - union suggested economic provi Next MTG. ___ made same presentation. Umali asked bank to validate unions guest mated and _____ banks insufficiency of counter proposal. June 19, 1993 union suggested that if bank wont make necessary changes it would seek 3rd party. bank made its revised counter- panel except for the signing bonus and uniform provisions of the CBA, both did not agree on the remaining economic provisions. June 21, 1993 union declared deadlocked and filed notice for strike Bank filed for ULP against the union charges: 1. violated its duty to bargain 2. violated no strike no lockout 3. ask for damage Sec. labor and employment (SOLE) Assured jurisdiction and consolidated complaint Oct 29, 1993 sole released order dismissing cases against for both parties. And gave economic awards Both filed for motion for reco. SOLE denied both. March 22, 1994 both signed CBA April 28, 1994, union filed petition for certiorari Bank prayed for dismissal, that union was estopped as it signed the CBA SOL. GEN. suggested PFT. Be dismissed ISSUES 1.

I.

DISPO Order appealed affirmed Cost against petitioners.

Tabas vs. California Manufacturing Co., Inc.

FACTS ISSUES 1. ART 106 2. service. B. termination due to retrenchment? Can failed to show enough evidence

2. 3. 4. -

whether or not union was able to substantiate its claim of ULP from banks alleged interference surface bargaining making bad faith proposals and refusal to furnish relevant data a. interference suggestion made by diokno not anti-union b. surface bargaining can be seen in the totality of ____ not present. Moreover duty to bargain doest not compel either part to agree or make a concession. c. Bad faith provisions no basis. Many were to be retained d. Refusal to furnish data (guest mates) union did not put into written as required by labor law. grave abuse of SOLE part. no merit. No showing acted in capricious or arbitrarily. Even if public interest is not a requisite in ULP. union being estopped from filling suit/ ILP when it signed CBA. approval of __ doesnt mean union waived its ULP claim against the bank during the pas negotiations. union engaged in blue-sky bargaining bank failed to prove that proposals by the union were exaggerated and unreasonable.

PET. Prior to stint with California manufacturing Comp. were employees of livi manpower services, subsequently assigned to former as promotional merchandisers. Pursuant to manpower supplies agreement. Assignment is contractual 6 months of contract Filed for benefits as they become regular EE Thereafter, due to retrenchment and end of manpower supply agreement was informed not to be rehired Filed for illegal dismissal LIVI put EE Mel BET reps and cali. Livi absolved form obligation due to retrenchment employer- employee a question of law, not sure subject to agreement the fact that in the agreement, cali had specifically designated livi as the employer, will not erase obligation of either parties agreement is BET. LIVI and CALi , thus, petitioner cannot be made to suffer. if contractor cannot pay , responsibility is shared BET contractor and employee. In labor-only contracts the employer, together with the labor-only contractor. For any valid labor claims. what us the liability of either LIVI or CALI? A. establish is the fact PET. Is an employee, and a regular. One to 1 year

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2. DISPO Petition granted Appealed order set aside cali to pay both resps to jointly pay a.) Back wages, Differentials b.) Other benefits c.) Attorneys fees whether or not Solano was an employee because he worked on basis. the court aggress with the hearing examiner that circumstances must be construed to determine indeed if payment by piece is just a method of compensation and does not define the essence of the relation. Moreover the court noted that judicial notice of the fact that the so-called pakyaw system mentioned in this case as generally practiced in our country, is in fact a labor contract between employers and employees between capitalist and laborers. as to the other assignments of errors section 6, republic act 875 provides that in unfair labor practice cases, the factual findings of the court of industrial relations are conclusive on the supreme court, if supported by substantial evidence. award of backwages the court ruled that it is fitting to apply in this connection the formula for backwages worked out by justice teehankee in cases not terminated sooner. The formula calls for fixing the award of backwages without qualification and deduction to three years, subject to the deduction where there are mitigating circumstances in favor of the employer but subject to increase by way of exemplary damages where there are aggravating circumstances. Considering there are no such circumstances in this case, there in no reason why the court should not apply the above-mentioned formula in this case.

3.

4.

Maximo Calalang, petitioner vs. A. D. Williams, ET Al., respondents

FACTS: NTC recommended to the director of public works and to the secretary of public works and communications that animal-drawn vehicle be prohibited from passing along the rosario street and along rizal avenue, for a period of one year from the date of the opening of the colgante bridge to traffic. The measure protosed in the resolution was pursuance to commonwealth act no. 548 which authorizes said director of public works, with the approval of the secretary of public works and communications, to promulgate rules and regulations to regulate and control the use of and traffic on national roads. The secretary of public works and communications in his second endorsement approved the said recommendation the mayor of manila and the acting chief of police of manila enforced and caused to be enforced the rules to be enforced the rules and regulations thus adopted. Maximo calalang, in his capacity as a private citizen and taxpayer of manila, brought the petition for a writ of prohibition against the respondents. ISSUE I. Whether the commonwealth act. No. 548 is constitutional due to undue delegation of legislative power upon the director of public works and the secretary of public works and communications. The authority conferred upon them is not to determine what public policy demands but merely to carry out the legislative policy laid down by the national assembly. The delegated power if at all is not the determination of what the law shall be, but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. whether commonwealth act no. 548 constitute an unlawful interference with legitimate business or trade and abridge the right to personal liberty and freedom of locomotion. the commonwealth act no. 548 was passed by the national assembly in the exercise of police power. The said act aims to promote safe transit upon and avoid obstruction on national roads, in interest and convenience of the public. Persons and property may be subjected to all kinds of restraints and burdens, in order to secure the general comfort health and prosperity of the state. whether the rules and regulations complained of infringe upon the constitutional precept regarding the promotion of social justice to insure the well being and of all the people social justice means the promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equiblirium.

DISPO Award of backwages granted is modified to an award of backwages for three years.

Manila Golf Country Club INC. vs. IAC

PET: Manila Golf Country Club Inc. Priv. Resp: (caddies) Fermin _________ the caddies filed 3 separate proceeding Certification election filed in labor relations filed by PTTCEA. Resolved in favor of the PETS club. Affirmed by the director 2.) Compulsory arbitration filed by the same org. with arbitration branch of the ____ of labor. dismissed for lack of merit affirmed by NLRC 3.) petition for coverage and availment of benefitrs under the social security act. (present case) ( social security coverage ) ( wamar and jomok filed ) SSC Dismissed case for lack of merit RESP/ PET are not are not employees absent 2 elements 1. payment of wage 2. control ( by the union of llmar and jomok ) Before decision jomok withdrew Reversed sec decision Passed the control test Appeal on iac 2 errors assigned by resp/PET. 1. Refusing to suspend decision to await judgment of labor in the issue of employer-employee rel. ISSUES 1. That the decision of med-arbiter on certification on certification case had never become final. IAC not to be faulted for ignoring 4 reqs of res adjudicate 1. there must be final judgment 2. based on merits 3. court must have jurisdiction over the matter and parties 4. there must be bet 2 cases, identify of parties, subj matter and cause of action certification proceeding is not a litigation in the sense it is commonly understood 2. Whether or not wamar is an EE of PET. does not observe working hours free to leave or stay suggestion on fee shows n control of compensationGRP. Rotation system assurance of fair distribution of work and not measure to control EE 1.)

II. III. -

DISPO Writ Denied

DY KEH BENG vs. INTERNATIONAL LABOR

FATCS: A charge of unfair labor practice was filed against DY KEH BENG, proprietor of a basket factory, for discriminatory acts by dismissing carlos sovano and Ricardo tudla for their union activities a case was filed in the court of industrial relations for in behalf of the international labor and marine union of the Philippines and two of its members. DY KEH BENG contends that he did not know tudla and that Solano was not his employee because the latter came to the establishment only when there was work which did on pakiaw basis, and worked on piece basis. Hearing examiner found that Solano and that tudla became employees of DY KEH BENG from may 1953 and july 1955, respectively, and that both worked with establishment continuously although compensated on piece basis. This report was adopted in toto by the court of industrial relations. The court of industrial relations found DY KEH BENG guilty of unfair labor practice and was affirmed by the court and bank. RULING: 1. whether or not there exist an employee-employer relationship on the control test. petitioner contends that there was no evidence to show that petitioner had the right to direct the manner and method of respondents work. Moreover, that Solano worked on pakiaw basis and stayed in the establishment only when there was work. The court ruled that it should be borne in mind that the control test calls merely for the existence of the right to control the manner of doing the work, not the actual exercise of the right. Moreover, some control would necessarily exercised by DY as the making of the kaing would be subject to DYs specification.

DISPO IAC decision, reversed and set aside. Resp. is not an EE of PET.

Sonza vs. ABS-CBN broadcasting Corporation

FACTS: ABS-CBN and MJMDC entered into a contract on may 1994. ABS-CBN was represented by its officers while MJMDC was represented by sonza, as president and general manager and mel tiangco, as EVP and treasurer referred to in the agreement as agent, MJDC agreed to

Labor Law I
provide sonzas services exclusively ABS-CBN as talent for radio and television. The agreement listed the services sonza would plender. On april 1996, sonza wrote a letter to ABS-CBNs president in regard to his resignationin view of the events concerning his programs and career. April 30,1996, sonza filed a complaint against the ABS-CBN before the DOLE. Sonza complained that the ABS-CBN did not pay his salaries, separation pay, service incentive, leave pay, signing bonus, travel allowances and amounts due under the employee stock option plan (ESOP). On july 10 1996, ABS-CBN filed a motion to dismiss on the ground that there is no employer-employee relationship. Sonza filed an opposition to the motion on July 19, 1996. Meanwhile, ABS-CBN opened a account to continually remit sonza fees under the agreement. Labor arbiter denied the motion to dismiss, however in his decision labor arbiter dismissed the complaint for lack of jurisdiction and that there is not employer-employee relationship. On appeal, the NLRC affirmed the decision of the labor arbiter. The same was also denied upon the motion for reconsideration. ISSUE I. Whether or not sonza is an employee or independent contractor the existence of an employer-employee relationship is a question of fact. Appellate courts accord the factual findings of the labor arbiter and the NLRC not only respect but also finality when supported by substantial evidence. Court does not substitute its own judgment for that of tha tribunal in determining where the weight of evidence lies or what evidence is credible. II. Essential elements of employer-employee relationship A. Selection and engagement of employer. the specific selection and hiring of sonza, because of his unique skills, talent and celebrity status not possessed by ordinary employees. Is a circumstance indicative but not conclusive of independent contractual relationship. B, Payment of wages whatever benefits sonza enjoyed arose from contract and not because of an employer-employee relationship. The power to bargain the talent fees way above the salary scales of ordinary employees is a circumstance indicative, but not conclusive of independent contractual relationship. C. Power of dismissal. Sonza failed to show that ABS-CBN could terminate his service on grounds other than breach of contract, such as retrenchment to prevent losses as provided under labor laws. D. power of control applying the control test the court held that sonza is not an employee but an independent contractor. The control test being the most important test our courts apply in distinguishing an employee from an independent contactor. ABS-CBN did not exercise control over the means and methods of performance of sonzas work. Moreover a radio broadcast specialist who works under minimal supervision is an independent contractor lastly, in broadcast industry exclusively is not necessarily the same as control. IV. nature of sonzas claim sonzas claims are all based on the may agreement and stock option plan and not in the 1994 labor code. Clearly the present case does not call for an application of the labor code. In effect sonzas cause of action is for breach of contract which is intrinsically a civil dispute cognizable by the court. DISPOSITION Petition denied Assailed decision is affirmed No mention as to wages Court ruled, that the terms and stipulation of the dealership agreement leave no reason for doubt, whereby the distributor/seller or dealer assumes the status of an independent contractor. a. there is a difference bet. The dealership agreement and that in actual practice. if so, certiorari is not a proper proceeding b. agreement is legal clear to hide employer EE rel. whether or not the withdrawal of 31 local union members affected the PET. For certi insofar as the 30% reqt is reqt 31 withdrew prior petition. If otherwise which is withdrawn after petition, then be presumed not free or voluntary After petition names become known thus it is not unexpected for the opposing party to use foul means -

II.

DISPO Director orde, reversed and set aside

Martinez vs. NLRC

FACTS: Private respondent worked for raul martinez as drivers raul martinez was an operator of 2 taxicab units under the business name PAMA TX and 2 additional units under the name P.J. TIGER TX. Respondents alleged that they have been regular drivers of raul martinez since 1989 and not once did they receive a 13th month pay. Raul martinez died on march 18 1992 leaving behind his mother, petitioner nelly acta martinez. Petitioner took over the management and operation of the business on or about june 22, 1992 she informed the respondents that he was selling the units together with their franchises. However, petitioner did not proceed with her plan;instead she assigned the units to other drivers on july 14 1992 respondents filed a complaint against raul martinez and petitioner before labor arbiter for violation of p.o. 851 and illegal dismissal (p.o. 851: requiring all employers to pay their employees a 13 month pay.) Petitioner contends that the claim is personal and did not survive the death of her son and that respondents were not employees of her son. But instead lessees. August 1993 labor arbiter dismissed the case on the following grounds. (a.) claims being were extinguished upon the death of raul martinez; (b) petitioner lack competence to manage the business ; (c) there was no employer-employee relationship. On January 1994. respondent NLRC set aside the appealed decision and as alternative to reinstatement, ordered petitioner to grant respondent separation pay. According to NLRC (a.) respondents were regular drivers because of the payment of wages, (b) management on business was passed on to petitioner and (c.) claims survived the death of raul martinez considering business did not cease operation outright. Motion for reconsideration was denied. Hence the petition. On October 11, 1995 the court issued a temporary restraining order enjoining the execution of the assailed decision of NLRC petitioner imputes grave abuse of discretion of NLRC reversing the decision of the labor arbiter, and that is acted as a probate court when it assumed jurisdiction over the estate of the deceased. RULING: 1. whether or not the claiming being personal were extinguished upon the death of raul martinez. the court stated that the rule is settled that unless expressly assumed, labor contracts are not enforceable against the transferee of an enterprise. the reason for the rule is that labor contracts are in person am ( against the person ), and that claims for back wages earned from the former employer cannot be filed against the new owners of an enterprise. Nor is the new operator of a business liable for claims for retirement pay of employees. Thus the claim of private respondents should have been filed instead in the intestate proceedings involving the estate of raul martinez. whether or not there was an employer employee relationship between raul martinez and private respondents, in national labor union vs. dinanglasan, this court ruled that the relationship between jeepney owners/ operators on one hand and jeepney drivers on the other under the boundary system is that of employeremployee and not of lessor-lessee. Therein we explained that in the leased f chattels the lesser loses complete control over the chattel leased although the lessee cannot be reckless in the use thereof, otherwise he would be responsible for the damages to the lessor. In the case of jeepney owners/operators and jeepney drivers, the former exercise supervision and control over the latter. The fact that the drivers do not received fix wages but get only that in excess of the so-called boundary they pay to the owner/operator is not sufficient to withdraw the relationship between them from that of employer and employee. The doctrine is applicable by analogy to the present case. Thus, private respondents were employers of paul martinez because they had been engaged to perform activities which were usually necessary or desirable in the usual business or trade of the employer. do private respondents, being then employees of raul martinez, necessarily continue to be employees of the petitioner as the new operator of the business? In the affirmative, were they illegally dismissed? the factual findings of quasi-judicial agencies such as respondent NLRC, which have acquired expertise in matters entrusted to their jurisdiction, are accorded by this court not only respect but also finality if they are supported by substantial evidence or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. As NLRC found the business was passed on to petitioner before her son died, and despite the information she gave that she will sell the business and extend separation benefits to complainants, no such thing occurred. However, the above findings were culled from mere allegations is not an evidence. It is a basic rule in evidence that each party must prove his

La Suerte Cigar & Cigarette Factory vs. Director of the Bureau of Labor Relations
April 7, 1979 the la suerte cigar and cigarette factory provincial (Luzon ) metro manila sales where local union and force association has applied and granted a chapter status by natl associate trade unions (NATU) April 16, 1979 Local union members withdrew membership in NATU April 18, 1989 - Local union and NATU filed for certification election. That it has 48/60 sales personnel of the comp. were members of local union Supported by ni less than 75% of sales personnel Company Filed to dismiss petition for certification Not supported by 80% of the members of the proposed bargaining unit. 31/48 withdrew 14 of alleged local union members were not EES. Med arbiter - dismissed certification Director of bureau of labor relations (union appealed) reversed and set aside order of dismissal Jan 1980 comp. filed for motion for reco May 1980 NATU legal counsel withdrew from the case Thereafter, NATU, thorough its pres. And legal counsel withdrew from the case Nov 1980 dir. Of bureau of labor relations denied motion for reco. ISSUES I. whether or not 14 dealers are EE. Or independent contractors. court resolved to follow the rule in mafinco case, that is to determine if EES or independent contractors should be resolved in the light of their fiddling contracts. In prefatory statement = factory has accepted applicant and appoint him as a dealer No words to hire or employ 2. -

3. -

Labor Law I
affirmative allegation. Clear, such finding emanates from grave abuse of discretion. DISPO Petition is granted NLRC decision is set aside. The decision of labor arbiter is reinstated. appeal the same was sustained and dismissed by NLRC. However, upon motion for reconsideration the NLRC with 2 new commissioner revered the decision and applied the previous DARBY case. ISSUE I. whether or not petitioner committed unfair labor practice. no. the right to fix the work schedules of the employees rest principally on their employer even as law is solutious of the welfare of the employees it must also protect the right of an employer to exercise what are clearly management prerogatives. Management also has rights which as such, are entitled to respect and enforcement in the interest of simple fair play. there was no diminution of benefits as the 1-hour is undisturbed. Thus, need not be compensated earlier DARBY case is not applicable the previous case was about depriving certain employees of their lunch which constitutes discrimination. The present case does not pertain to an issue of discrimination but whther the change of work schedule constitutes ULP. DISPO Petition granted NLRC decision is set aside labor arbiter decision dismissing the complaint is affirmed. I. Whether sec. I (k) of the rules implementing P.D. 1123 contravenes the statutory authority granted the secretary of labor issued a set of rules which exements not only distressed employers but also those who have granted in addition to the allowance under P.D. 525, at least P60 monthly wage increase, provided that these who paid less than this amount shall pay the difference. Clearly the inclusion of paragraph k contravenes the statutory authority granted to the secretary of labor, and the same therefore is void. Whether or not the failure to serve a copy of memorandum of appeal would warrant the dismissal of the petition, it would be inconsistent with the requirement of social justice and with the constitutional mandate on protection to labor to warrant the dismissal of the appeal on mere grounds of techinicality.

Kapisanang Manggagawang Pinagyakap vs. National Labor Relation Commission

FACTS: That the negotiated daily wage increase of P1.33 granted and embodied in the parties collective bargaining agreement could be credited to and deducted from the P60.00 monthly or P2.00 daily living allowance. Required by PO. 1123 which in effect nullified the hard earned daily wage increase in their CBA. The labor arbiter in rendering the decision relied primarily on section 1 (k) of the labor departments rule and regulation implementing P.D. 1123. on appeal, the NLRC dismissed the appeal on the ground that the adverse party was not furnished with a copy of its memorandum of appeal. ISSUE II. III.

Globe Mackay Cable and Radio Corporation vs. NLRC

FACTS: Private respondent, Imelda Salazar, was employed by globed-mackay cable and radio corporation as general system analyst. Also employed by the petitioner was delfin saldivar and manager for technical support operations support with whom private respondent was allegedly very close. Sometime 1984, conducted an investigation on saldivars activities the report indicated that saldivar entered into a partnership with a supplier of petitioner often recommended by saldivar. The report also disclosed that saldivar was in possession of several air conditioned units owned by the company. The report likewise showed that Salazar violated company regulations by involving into activities in conflict with the companys interest. Moreover, it showed that Salazar signed as a witness in the partnership entered by saldivar and also had knowledge of the loss of the air conditioner units and failed to report to the employer. Consequently, Salazar was placed under preventive suspension and was asked for an explanation but instead of submitting an explanation. Private respondent filed a complaint for illegal dismissal after petitioner notified her into writing that she was dismissed for failure to refute and disprove these findings. Labor arbiter ordered petitioner to reinstate Salazar to her former and equivalent position and to ay full backwages and other benefits plus P50.000 for moral damages. NLRC affirmed the decision with respect to reinstatement but limited the backwages to two yerars. ISSUE preventive suspension was the proper remedial recourse available to the company pending salazars investigation it does not signify that the company has adjudge the employee guilty of the charges. Such disciplinary measure is resorted to for the protection of the companys property pending investigation of any alleged malfeasance or misfeasance committed by the employee. II. Whether private respondent was illegally dismissed petitioner has predicated its dismissal of Salazar on loss of confidence. While loss of confidence or breach of trust is a valid ground for termination, it must rest on some basis which must be convincingly established an employee may not be dismissed on mere presumptions or suppositions. III. Employees illegally dismissed entitled to reinstatement and full backwages the intendment of the law in prescribing the twin remedies of reinstatement and payment of backwages is to restore the employee of her status before she lost her job and to give her back the income lost during the period of unemployment. Both remedies, looking to the past, would perforce make her whole. The principle of strained relations cannot be applied indiscriminately. Here it has not been proven that the position of the private respondent as system analyst may be characterized as a position of trust and confidence such that if reinstated, it may well lead to strained relations between employer and employee I.

II.

Phillippine Association of Service Exporters, Inc vs. Drilon

FACTS That on may 1988, the government lifted the deployment ban on 5 countries, which was impose by the DOLE. Due to maltreatment on Filipino women workers in several countries the petitioner a recruitment firm for overseas placement, assails the dept. order # 1 right to travel, invalid exercise of law making power, violates non-impairment of contracts. ISSUE Whether or not dept. order # 1 is valid I. Equality before the law does not import identity of rights there is valid classification where 1.) it rest on substantial distinctions 2. Are germane to the purposes of law 3.) are not confined to existing conditions of law 3.) They apply equally to all members of the same class. Discrimination is valid. The same situation does not happen to men. It is germane to its purposes as it is for the protection of Filipino workers abroad that it does not narrowly to existing conditions exist. Not applicable to all females abroad. Not all have similar circumstances. II. Right to travel is not absolute it is subject to requirements, such as public safety , as may be provided by law. III. It is true that police power is the domain of the legislature, but it does not mean that it may not be lawfully delegated. The labor code itself vises the dole with rule making powers. IV. The rights granted for workers participation and the non-impairment clause, again, must submit to the demands and necessities of the states power of regulation. What concerns the constitution more is that employment be just and humane. DISPO Petition dismissed.

Sime Darby Pilipinas inc. vs. NLRC ( 2nd Division)

DISPO FACTS: SIME DARBY PILIPINAS, petitioner , is a manufacturer of automotive products that on aug. 1992, petitioner issued a memorandum for monthly salaried employees (except those in the warehouse and Q.A department ) changing the schedule from 7:45 am 3: 45 p with 30 min paid lunch to 7:45 am 4 45:pm with one hour lunch break Private respondent filed a complaint in labor arbiter for unfair labor practice, discrimination and evasion of liability. Pursuant to SIME DARBY vs. NLRC the labor arbiter dismissed the complaint and held that the previous DARBY case was not applicable . upon

NLRC decision affirmed

Tan vs. Lagrama

Labor Law I

FACTS: Petitioner Rolando tan is the president of supreme theater corporation and the general manager of crown and empire theater in butuan city. Private respondent leovildo lagrama is a painter, making ad billboards and murals for the motion pictures shown at the empress, supreme and crown theaters for more than 10 years from September 1, 1988 to October 17 1998. On October 17, 1998 lagrama was summoned and was scolded for urinating on his work area and was asked not to draw anymore. Lagrama denied the charged against him. He claimed that he was not the only one who entered the drawing are and that even if the charge was true, it was a minor infraction to warrant his dismissal. However everytime he spoke. Tan showed at him to get out, leaving him no choice but to leave the premises. Lagrama filed a complaint with the sub-regional arbitration branch no. x of the NLRC in butuan city. He alleged that he had been illegally dismissed and sought reinvestigation and payment of 13th month pay, service incentive leave pay, salary differential, and damages. Tan denied that lagrama was his employee. He asserted that lagrama was an independent contractor. On june 1999, labor arbiter found tan guilty of illegal dismissal and grand petition. Upon appeal to the NLRC fifth division, cagayan de oro city which rendered a decision finding lagrama to b an independent contractor,and for this reason reversing the decision of the labor arbiter. NLRC denied motion for reconsideration A. petition for certiorari was filed before the court of appeals which found that tan exercises control over lagramasit is a method of computing compensation, not a basis for determining the existence or absence of employer-employee relationship. In the case at bar petitioner did not present the payroll to support his claim that lagrama was not his employee B. the primary standard for determining regular employment is the reasonable connection between the particular activity performed by the employee in relation to the usual trade or business of the employer. In this case there is such a connection between the job of lagrama painting billboards and murals and the business of the petitioned. C. the fact the lagrama was not reported as an employee to the SSS is not conclusive on the question of whether he was an employee of petitioner. Otherwise an employer would be rewarded for his failure or even neglect to perform his obligation. D. neither does the fact that lagrama painted for other persons affect or alter his employment. Relationship with petitioner.That he did 50 only during weekends has not been denied by petitioner. E. lagrama had been employed by petitioner since 1988.under the law, therefore, he is deemed a regular employee and is thus entitled to security of tenure, as provided in art. 279 of labor code. This court has held that if the employee has been performing the job for at least one year, even if he not continuously but intermittently, the repeated and continuing need for its performance is sufficient evidence of the necessity, if not indispensability, of that activity to the business of his employermence the employment is also considered regular although with respect only to such activity and while such activity exists. F. whether or not lagrama abandoned his work. There is no evidence to show this abandonment. Requires two elements: 1. the failure to report for work or absence without valid or justifiable reason and 2. a clear intention to server the employer-employee relationship , with the second element as the more determinative factor and being manifested by some overacts. Mere absence is not sufficient, and the burden is on the part of the employer to show a deliberate and unjustified refusal on the part of the employee to resume his employment without any intention of returning the court affirmed the court of appeals ruling that, private respondent (herein petitioner ) has not established clear proof of the intention of the petitioner to abandon his job or to sever the employment relationship between him and the private respondent. On the contrary, it was the private respondent who told that he did not want the latter to draw for him and thereafter refused to give him work to do or any mural or billboard to paint or drawn on. II. whether or not private respondent lagrama was illegally dismissed. to begin, the employer has the burden of proving the lawfulness of his employees dismissal. Labor code provides that no worker shall be dismissed except for a just or authorized cause provided by law and after due process. In this case, by his refusal to give lagrama work to do and ordering lagrama to get out of his sight as the latter tried to explain his side, petitioner made it plain that lagrama was dismissed. Urinating in a work place other than the one designated for the purpose constitutes valid g___ for dismissal. However, there is no evidence that lagrama did urinate in a place other than the rest room in the premises of his work. III. the grant of separation pay in LIEU of reinstatement is appropriate because the relationship between the employer and employee has been so strained that reinstatement would no longer serve any purpose. IV. the bureau of working conditions classifies workers paid by results into two groups, namely 1. those whose time and performance is supervised by the employer and 2. those whose time or performance is unsupervised by the employer. The first involves an element of control and supervision over the manner the work is to be performed, while the second does not. If a piece worker is supervised, there is an employer-employee relationship. As in this case. However such an employee is not entitled to service incentive leave pay since he is paid a fixed amount for work done. Regardless of the time he spent in accomplishing such work. DISPO: Petition is denied. Decision of labor arbiter is affirmed with modification that the back wages and other benefits awarded to private respondent should be computed from the time of his dismissal up to the time of the finality of this decision, without any deduction and qualification. However, the service incentive leave pay awarded to him is deleted.

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