March 2012 Philippine Supreme Court Decisions on Labor Law and Procedure

Here are select March 2012 rulings of the Supreme Court of the Philippines on labor law and procedure.

Dismissal; constructive dismissal. Constructive dismissal exists where there is cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay. Constructive dismissal is a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not. In constructive dismissal cases, the employer is, concededly, charged with the burden of proving that its conduct and action or the transfer of an employee are for valid and legitimate grounds such as genuine business necessity. In the instant case, the overt act relied upon by petitioner is not only a doubtful occurrence but is, if it did transpire, even consistent with the dismissal from employment posited by the respondent. The factual appraisal of the Court of Appeals is correct. Petitioner was displeased after incurring expenses for respondent’s medical check-up and, it is credible that, thereafter, respondent was prevented entry into the work premises. This is tantamount to constructive dismissal. The Supreme Court agreed with the Court of Appeals that the incredibility of petitioner’s submission about abandonment of work renders credible the position of respondent that she was prevented from entering the property. This was even corroborated by the affidavits of Siarot and Mendoza which were made part of the records of this case. Ma. Melissa A. Galang vs. Julia Malasuqui, G.R. No. 174173. March 7, 2012.

Dismissal; loss of trust and confidence. The rule is long and well settled that, in illegal dismissal cases like the one at bench, the burden of proof is upon the employer to show that the employee’s termination from service is for a just and valid cause. The employer’s case succeeds or fails on the strength of its evidence and not on the weakness of that adduced by the employee, in keeping with the principle that the scales of justice should be tilted in favor of the latter in case of doubt in the evidence presented by them. Often described as more than a mere scintilla, the quantum of proof is substantial evidence which is understood as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other equally reasonable minds might conceivably opine otherwise. Failure of the employer to discharge the foregoing onus would mean that the dismissal is not justified and therefore illegal.

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June 2011 Philippine Supreme Court Decisions on Labor Law and Procedure

Here are selected June 2011 rulings of the Supreme Court of the Philippines on labor law and procedure:

Appeal; decision of DOLE Secretary. For petitioner’s refusal to comply with his deployment assignment, respondent manning agency filed a complaint against him for breach of contract before the Philippine Overseas Employment Administration (POEA).  The POEA penalized petitioner with one year suspension from overseas deployment. The suspension was reduced to six months by the Secretary of Labor. Petitioner appealed the latter’s decision with the Office of the President (OP). The Supreme Court ruled that petitioner’s appeal was erroneous. The proper remedy to question the decisions or orders of the Secretary of Labor is via Petition for Certiorari under Rule 65.   Appeals to the OP in labor cases have been eliminated, except those involving national interest over which the President may assume jurisdiction. The present case does not affect national interest. Hence, petitioner’s appeal to the OP did not toll the running of the period and the assailed decision of the Secretary of Labor is deemed to have attained finality. Miguel Dela Pena Barairo vs. Office of the President and MST Marine Services (Phils.) Inc., G.R. No. 189314. June 15, 2011

Appeal from decisions of labor arbiter; bond requirement for perfection of appeal may be relaxed in meritorious cases. The posting of a bond is indispensable to the perfection of an appeal in cases involving monetary awards from the decision of the labor arbiter.  However, under Section 6, Rule VI of the NLRC’s Revised Rules of Procedure, the bond may be reduced albeit only (1) on meritorious grounds and (2) upon posting of a partial bond in a reasonable amount in relation to the monetary award. For this purpose, the NLRC is not precluded from conducting a preliminary determination of the employer’s financial capability to post the required bond, without necessarily passing upon the merits.  In the present case, the NLRC gravely abused its discretion in denying petitioner’s motion to reduce bond peremptorily without considering the evidence presented by petitioner showing that it was under a state of receivership. Such circumstance constitutes meritorious grounds to reduce the bond. Moreover, the petitioner exhibited its good faith by posting a partial cash bond during the reglementary period. University Plans, Inc. vs. Belinda P. Solano, et al., G.R. No. 170416, June 22, 2011 

Certiorari; substantial compliance. The three material dates which should be stated in the petition for certiorari under Rule 65 are the dates when the notice of judgment was received, when a motion for reconsideration was filed and when the notice of the denial of the motion for reconsideration was received. These dates should be reflected in the petition to enable the reviewing court to determine if the petition was filed on time. In the present case, the petition filed with the Court of Appeals failed to state when petitioner received the assailed NLRC Decision and when he filed his partial motion for reconsideration.  However, this omission is not at all fatal because these material dates are reflected in petitioner’s Partial Motion for Reconsideration attached to the petition.  The failure to state these two dates in the petition may be excused if the same are evident from the records of the case.  The Court further stated that the more important material date which must be duly alleged in the petition is the date of receipt of the resolution of denial of the motion for reconsideration. Since petitioner has duly complied with this rule, there was substantial compliance with the requisite formalities. William Endeliseo Barroga vs. Data Center College of the Philippines, et al., G.R. No. 174158. June 27, 2011

Collective bargaining agreement; duty of parties to maintain status quo pending renegotiation. Article 253 of the Labor Code mandates the parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period prior to the expiration of the old CBA and/or until a new agreement is reached by the parties. The law does not provide for any exception nor qualification on which economic provisions of the existing agreement are to retain its force and effect. Likewise, the law does not distinguish between a CBA duly agreed upon by the parties and an imposed CBA like the one in the present case. Hence, considering that no new CBA had been, in the meantime, agreed upon by respondent GMC and the Union, the provisions of the imposed CBA continues to have full force and effect until a new CBA is entered into by the parties. General Milling Corporation-Independent Labor Union [GMC-ILU] vs. General Milling Corporation/General Milling Corporation vs.General Milling Corporation-Independent Labor Union [GMC-ILU], et al., G.R. Nos. 183122/183889, June 15, 2011.

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June 2009 Philippine Supreme Court Decisions on Remedial Law, Legal/Judicial Ethics and Criminal Law

Here are selected June 2009 Philippine Supreme Court decisions on  remedial law, legal/judicial ethics and criminal law.

Remedial Law

Actions;  quasi in rem. The petition for cancellation of entries annotated at the back of OCT No. 40287 ought to have been directed against specific persons: namely, the heirs of Juan Soriano as appearing in Entry No. 20102 and, indubitably, against their successors-in-interest who have acquired different portions of the property over the years because it is in the nature of an action quasi in rem. Accordingly, the Salazars should have impleaded as party defendants the heirs of Juan Soriano and/or Vicenta Macaraeg as well as those claiming ownership over the property under their names because they are indispensable parties. This was not done in this case. Since no indispensable party was  ever impleaded by the Salazars in their petition for cancellation of entry filed before Branch 63 of the RTC of Tarlac, herein petitioners are not bound by the dispositions of the said court. Consequently, the judgment or order of the said court never even acquired finality. Zenaida Acosta, et al. vs. Trinidad Salazar, et al., G.R. No. 161034.  June 30, 2009

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