OSTAN, Evan CASE DIGESTS

1.) JR HAULING SERVICES & OSCAR MAPUE (Manager), petitioners VS.

GAVINO SOLAMO, RAMIL JERUSALEM, ARMANDO PARUNGAO, RAFAEL
CAPAROS, JR., NORIEL SOLAMO, ALFREDO SALANGSANG, MARK PARUNGAO
& DEAN CALVO, respondents.
G.R. No. 214294, Sept. 30, 2020 (Procedural Due Process Case)
Facts:
This is a Petition on Certiorari of CA's decision in CA-GR SP No. 128497 which
set aside the NLRC's decision declaring respondents to have been dismissed
from work illegally.
The respondents alleged that they were underpaid without 13th month pay,
holiday pay, rest day pay and leave pay from the JR Hauling which delivers
broiler chickens to its clients Magnolia Corporation and Sam Miguel Foods,
Inc.
The Labor Arbiter (LA) favored the respondents. The NLRC reversed LA's
decision. However, CA reinstated LA's ruling.
Issue:
Is the CA correct in its ruling?
Held:
No, the SC reversed CA's decision and partially granted the petition. SC said
that there is substantial evidence to dismiss the respondents from work
because od serious misconduct in illegally selling excess broilers in Tarlac.
However, the procedural aspect of dismissing the respondents is not
followed namely the written notices of the ground and justification of the
termination from work.
2.) PASCASIO DUROPAN & RAYMOND NIXER COLOMA, petitioners VS.
PEOPLE OF THE PHILIPPINES, respondent.
G.R. No. 230825, June 10, 2020 (unlawful arrest)
Facts:
This is a Petition on Certiorari of CA's resolution affirming RTC's decision
which upheld MCTC's ruling finding the petitioners guilty of unlawful arrest
of one William Pacis.
Issue:
Whether or not there is unlawful arrest in this case.
Held:
The Court affirms the lower court's decision and the petition of the accused
is denied. SC agrees with the findings of the three tribunals that all elements
of unlawful arrest are present:
(1) the petitioners detain Paris;
(2) the petitioners deliver Paris to the Police Station of Maribojoc, Bohol; and
(3) Paris is arrest without reasonable ground or warrant of arrest while he is
harvesting nipa palm in Lincod, Maribojoc, Bohol;
that make the petitioners guilty of the crime.