June 2012 Philippine Supreme Court Decisions on Labor Law and Procedure

Here are select June 2012 rulings of the Supreme Court of the Philippine on labor law and procedure:

Appeal; issue of employer-employee relationship raised for the first time on appeal. It is a fundamental rule of procedure that higher courts are precluded from entertaining matters neither alleged in the pleadings nor raised during the proceedings below, but ventilated for the first time only in a motion for reconsideration or on appeal. The alleged absence of employer-employee relationship cannot be raised for the first time on appeal. The resolution of this issue requires the admission and calibration of evidence and the LA and the NLRC did not pass upon it in their decisions. Petitioner is bound by its submissions that respondent is its employee and it should not be permitted to change its theory. Such change of theory cannot be tolerated on appeal, not on account of the strict application of procedural rules, but as a matter of fairness. Duty Free Philippines Services, Inc. vs. Manolito Q. Tria. G.R. No. 174809. June 27, 2012.

Dismissal; abandonment. Abandonment cannot be inferred from the actuations of respondent. When he discovered that his time card was off the rack, he immediately inquired from his supervisor.  He later sought the assistance of his counsel, who wrote a letter addressed to Polyfoam requesting that he be re-admitted to work.  When said request was not acted upon, he filed the instant illegal dismissal case.  These circumstances clearly negate the intention to abandon his work. Polyfoam-RGC International, Corporation and Precilla A. Gramaje vs. Edgardo Concepcion. G.R. No. 172349, June 13, 2012.

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