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Case on Prescription (Service Incentive Leave Pay) Autobus Transport System v.

Bautista G.R. No. 156367 May 16,2005

CASES:

Introduction:

Art. 219- Definition of Employee

Concept of employer-employee relationship and liability

Medical negligence cases (Doctor-Consultants)

Ramos v. C.A. Dec. 29, 1999

Prof. Services Inc. v Agana Jan. 31, 2007


Prof. Services Inc. v. Agana Feb. 2, 2010 (denial of 2nd M.R.)

Locsin v. PLDT Oct. 2, 2009- security guard (who is the employer?)

Aquinas v. Inton – Jan. 26, 2011

Cathechist conducted by nun of a religious order. Is the school the employer or


congregation?

Republic v. Asia Pro -- Nov. 23, 2007 Can Cooperative be employers?

Bernalte v PBA Sept. 14, 2011- PBA referees- employee or not?

Orozco v. CA Aug. 13, 2008) - Inquirer's newspaper columnist- employee or not?

Reyes v. Glaucoma Research Foundation June 17, 2015


-economic reality test
-consultants or employees?

Art. 224 Jurisdiction

Halaguena v. PAL Oct. 2, 2009


Compulsory retirement of females; is it labor issue or not? Who has jurisdiction?
RTC or NLRC?

Portillo v Lietz ( Oct. 10, 2012)- non-compete clause- claim for liquidated damages-
civil courts

Milan v NLRC Feb. 4, 2015 - employer may hold separation pay pending return of
property (ejectment from company premises)
-jurisdiction of claims by employer for damages

Locson v. Mekeni ( Dec. 9, 2013)- car installment refund of car plan

Leal v.Sangco ( Jan. 19, 2011) - corporate dispute or not?

Art. 228 Attorney's Fees- How to protect our fees

Malvar v Kraft Foods ( Sept. 9, 2013) - client compromised without lawyer's consent-
How to remedy?

Section 232

Montano v. Verceles
July 26, 2010 – concurrent jurisdiction of BLR and Reg. Director in inter and intra
union disputes?

Art. 233- compromise and quitclaims- validity

RMN v. Amurao Oct. 22, 2014


question of fact
-dire necessity- is it a ground to nullify quitclaim?

J-Phil Marine Inc. v NLRC (Aug. 8, 2011)

-legal counsel did not sign compromise. Valid?

Art. 252

Victoriano v Elizalde Rope Workers’ Union


Sept 12, 1974
Hierarchy of religious freedom

Art. 253
BSP v. COA June 7, 2011
Is BSP government or private?

Art. 258

BPI v BPI Employees Union Aug 18, 2010


Merger’s effect on absorbed employees? Are they required to join new union?
VA Art 272
Casiano Navarro III v. Damasco
July 14, 1995
Code of conduct violation- need to go thru grievance machinery?

STRIKES, PICKETS AND LOCKOUTS

Art. 277 and 278


Solidbank v Gamier Nov. 15, 2010
rally in front of DOLE during assumption order of DOLE

ILLEGAL OR NOT?

Bascon v CA Feb. 5, 2004 - Wearing armbands

NUHWRAIN V C.A. Nov. 11, 2008

Dusit hotel employees shaved heads - illegal strike or not?

TERMINATION OF EMPLOYMENT

Security of tenure

STATUS of EMPLOYEES

GMA network v. Pabriga Nov. 27, 2013 - media station staff.

difference between project and fixed term employees.

Art. 294 (Regular and Casual Employment)

FVR Skills v. Seva Oct. 22, 2014- Janitor- regular or project?

Plasos v. PNCC July 3, 2013 -construction project extended without qualification.


Are workers project or regular?

BRENT SCHOOL VS.ZAMORA Feb. 5, 1990

fixed term employment- LANDMARK CASE

ARLENE SAMONTE ET AL. V. LA SALLE GREENHILLS, G.R. No. 199683 Feb. 10,
2016
(School doctor and dentist )- fixed term
Mercado v NLRC Sept. 5, 1991

LANDMARK CASE- re project employee in agriculture

Teachers:

YOLANDA MERCADO V. AMA April 13, 2010- fixed term /contractual? teachers

St.Paul v. Ancheta Sept. 11, 2011- probation for teachers

Colegio de Santissimo Rosario v. Rojo Sept 4, 2013 - probation for teachers

Manaois v. St. Scholastica Dec. 11, 2013- part time status of teachers failing to get a
master's degree

Journalist:

Fuji v Espiritu- Dec. 3, 2014


journalist under contract- fixed term , regular or independent contractor?

JUST CAUSES FOR TERMINATION:

IMASEN v. ALCON ( Oct. 22, 2014) -- sex at workplace

Alilem Multi-Purpose Cooperative v. Bandiola ( Feb 25, 2013, G.R. No. 173489) -
Engaging in Illicit Sexual relations prohibited under a personnel policy is a ground
for termination even if does not connect to the performance of his duties. - co-
employee complains that married employee having relationship with co-employee's
sister.

It was based on "ethical grounds" i.e. disgrace to the community.

Lagrosas v Squibb ( Sept. 12, 2008) - lovers' fight outside workplace - serious
misconduct?

Immorality (form of serious misconduct):

Chua Qua v. Clave ( Aug. 30, 1990) -LANDMARK CASE on serious misconduct/
romantic relationship

Leus v. St. Scholastica Jan. 28, 2015 - pregnant teacher in catholic school - not
immoral or disgraceful conduct ( both free and consenting adults fro purely public
and secular view of morality).
a.) totality of circumstances surrounding the conduct; and
b.) Assessment of the circumstances with the prevailing norms of conduct i.e. what
society considers moral and respectable.

Christine Joy Cadiz v. Brent Hospital ( G.R. 187417, Feb. 24, 2016)-- immorality of HR
pregnant out of wedlock and deemed terminated until she marries her boyfriend.

SC: not immoral but reduced backwages.

Duncan v. Glaxo - Sept. 17, 2008- marrying employee of competitor against


company rules

PTT V NLRC- NO MARRIAGE STIPULATION VOID MAY 23, 1997

STAR PAPER V SIMBOL April 12, 2006 - rule vs marriage with a co-employee?

Drug cases ( DOLE Department Order No. 53-03 Series of 2003)

Analogous causes:

Yrasegui v PAL Oct. 17, 2008 - fat flight steward

ART. 297- AUTHORIZED CAUSES

SERIOUS LOSSES
G.J.T. Rebuilders v. Ricardo Ambos et al (Jan. 28, 2015)
If the employer closes the business and it is not losing or the loss is not "serious ",
then the proper separation pay is equivalent to one-month pay or to at least one-
half-month pay for every year of service, whichever is higher.

Summary of termination rules per DOLE DEPARTMENT ORDER NO. 147-15 Series of
2015

(Amending The Implementing Rules and Regulations of Book VI Of The Labor Code
of the Phils.)
BACKWAGES

LANDMARK CASE -AGABON vs. NLRC ( Nov. 17, 2004)

- no procedural due process but with just cause

Note: Other cases to be assigned in class.