2020.

21 JUSTICE MARVIC LEONEN CASE DOCTRINES

and procedural due process were satisfied in terminating respondent's employment now
stand undisturbed.

CELSO F. PASCUAL, SR. vs. CANIOGAN CREDIT AND DEVELOPMENT

COOPERATIVE
G.R. No. 172980 / July 22, 2015

An appeal of the outright dismissal of a petition for certiorari against an interlocutory

order of a lower court becomes moot and academic where, during its pendency,
judgment on the merits has been rendered in the main case and has become final
and executory. An intra-cooperative dispute between two officers on one hand and
the Board of Directors on the other falls within the jurisdiction of the regular courts,
not of the Labor Arbiter.

RICHARD N. RIVERA vs. GENESIS TRANSPORT SERVICE, INC.

G.R. No. 215568 / August 03, 2015

We find no need to award these damages (Moral and Exemplary) in favor of petitioner.
While the termination of his employment was invalid, we nevertheless do not find
respondent Genesis to have acted with such a degree of malice as to act out of a design
to oppress petitioner. It remains that a discrepancy and shortage chargeable to petitioner
was uncovered, although this discrepancy and shortage does not justify a penalty as
grave as termination of employment.

ALEJANDRO CEPRADO, JR. vs. NATIONWIDE SECURITY AND ALLIED

SERVICES, INC.
G.R. No. 175198 / September 23, 2015

Motions for reconsideration not served on the adverse party do not toll the running
of the reglementary period for filing an appeal. Upon lapse of the reglementary
period, the judgment sought to be reconsidered becomes immutable.

JOVITA S. MANALO vs. ATENEO DE NAGA UNIVERSITY

G.R. No. 185058 /November 09, 2015

At the core of the issue of constructive dismissal is the matter of whether an

employer's action is warranted. Not every inconvenience, disruption, difficulty, or
disadvantage that an employee must endure sustains a finding of constructive
dismissal. When professionals and educators violate the ethical standards of the
profession to which they belong and for which they train students, educational
institutions employing them are justified in relieving them of their teaching posts and
in taking other appropriate precautionary or punitive measures.

/ Labor Law / 8