Temere Animus

Case Digest: G.R. No. 221356 | March 14, 2018 Maria Carmela P. Umali vs. Hobbywing Solutions, Inc. Ponente: Justice Reyes, Jr. Nature of the Petition This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court , challenging the Decision dated May 29, 2015 and Resolution dated November 4, 2015 of the Court of Appeals (CA) in CA-G.R. SP No. 136194 . The petition seeks the reinstatement of the National Labor Relations Commission (NLRC) ruling that the petitioner was illegally dismissed and entitled to reinstatement and backwages . Court Ruling The Supreme Court REVERSED and SET ASIDE the Court of Appeals' May 29, 2015 Decision and November 4, 2015 Resolution . The Court reinstated the January 15, 2014 NLRC Decision in NLRC NCR Case No. 04-06101-13 , confirming that the petitioner was illegally dismissed . Key Doctrines ✔️ Probationary Employees & Regularization: Under Article 281 of the Labor Code , an employee engaged beyond the probationary pe...

Case Digest: G.R. No. 200712 | July 4, 2018 Mario A. Abuda, et al. vs. L. Natividad Poultry Farms, et al. Ponente: Justice Leonen Nature of the Petition This is a Petition for Review filed by multiple workers against L. Natividad Poultry Farms , assailing the October 11, 2011 Decision and February 8, 2012 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 117681 . The case concerns the workers’ claims for illegal dismissal, unfair labor practice, backwages, and other monetary awards . Court Ruling The Supreme Court REMANDED the case to the Labor Arbiter for the computation of backwages and other monetary awards due to the petitioners. Key Doctrines ✔️ Regular Employment & Length of Service: An employee who has worked for at least one year is considered a regular employee under the Labor Code . The necessity or desirability of the work performed can be inferred from the duration of service . ✔️ Employment Classification & Business Necessity: In De Leon v. N...

Labor Dispute on Wage Distortion: Philippine Geothermal Employees Union vs. Chevron Geothermal PGIEU vs. Chevron Geothermal Phils.: Supreme Court Upholds Management Prerogative Over Wage Adjustment Case Title: Philippine Geothermal, Inc. Employees Union (PGIEU) vs. Chevron Geothermal Phils. Holdings, Inc. G.R. No.: 207252 Date of Decision: January 24, 2018 Citation: 824 Phil. 426 Ponente: Justice Reyes, Jr. Full text: Read here Case Summary This case involves a labor dispute between the Philippine Geothermal, Inc. Employees Union (PGIEU) and Chevron Geothermal Phils. Holdings, Inc. The Union alleged a violation of their Collective Bargaining Agreement (CBA) due to salary increases given to probationary employees, which they claimed caused wage distortion among regular union members. Nature of the Petition The PGIEU filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse the Court of Appea...

Court Awards Attorney’s Fees to Seaman in Permanent and Total Disability Benefits Case G.R. No. 236576 | September 5, 2018 Ariel P. Horlador vs. Philippine Transmarine Carriers, Inc., Marine Ship Management Ltd., and Captain Marlon L. Malanao Ponente: Justice Perlas-Bernabe 📌 Full text: Read the Supreme Court decision . Nature of the Petition This Petition for Review on Certiorari challenges the February 3, 2017 Decision and December 15, 2017 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 136386 , which modified the National Labor Relations Commission (NLRC) ruling by removing the attorney’s fees award in favor of Ariel P. Horlador , a seafarer entitled to permanent and total disability benefits . Court Ruling ✅ Petition GRANTED. ✅ Attorney’s fees reinstated at 10% of total monetary awards. The Supreme Court MODIFIED the CA ruling by reinstating the attorney’s fees equivalent to 10% of the total monetary compensation due to the petitioner. Key Doctrines ✔️ A...

Illegal Recruitment and Estafa: A Case Study on Fraudulent Overseas Job Offers The promise of overseas employment can be enticing, but not all opportunities are legitimate. The case of People of the Philippines vs. Moises Dejolde, Jr. y Salino serves as a cautionary tale for job seekers, highlighting the dangers of illegal recruitment and fraud. Background of the Case Moises Dejolde, Jr. y Salino was charged with Illegal Recruitment in Large Scale and two counts of Estafa after allegedly deceiving several individuals into paying ₱450,000 each for job placements as caregivers in the United Kingdom . The victims later discovered that their visas were fake , prompting them to demand refunds—only to receive partial reimbursements. Dejolde denied the accusations, claiming he was merely processing student visas for those wishing to study abroad. However, the court found that he had promised employment , collected money under false pretenses, and failed to deliver on his commitments. The...

G.R. No. 222980| March 20, 2017 LOURDES C. RODRIGUEZ, petitioner, vs. PARK N RIDE, INC./VICEST (PHILS.), INC./GRAND LEISURE CORP./SPS. VICENTE & ESTELITA B. JAVIER, respondents. Ponente: LEONEN, J.: Doctrines: At the onset, we stress that only questions of law may be raised in a petition for review on certiorari under Rule 45 of the Rules of Court. Factual findings of the Labor Arbiter and the National Labor Relations Commission, if supported by substantial evidence and when upheld by the Court of Appeals, are binding and conclusive upon this Court when there is no cogent reason to disturb the same. In the present case, due to lack of any palpable error, mistake, or misappreciation of facts, this Court discerns no compelling reason to reverse the consistent findings of the appellate court and the labor tribunals. There is constructive dismissal when an employer’s act of clear discrimination, insensibility or disdain becomes so unbearable on the part of the employee so as to foreclo...

Indophil Textile Mills, Inc. , (Petitioner) v.  ENGR. SALVADOR ADVIENTO, (Respondent) 731 SCRA 558 |  G.R. No. 171212 | 2014-08-04 Ponente :  PERALTA, J.: Doctrines: The delineation between the jurisdiction of regular courts and labor courts over cases involving workers and their employers has always been a matter of dispute. It is up to the Courts to lay the line after careful scrutiny of the factual milieu of each case. Here, we find that jurisdiction rests on the regular courts. If there is a reasonable causal connection between the claim asserted and the employer-employee relations, then the case is within the jurisdiction of the labor courts; and in the absence thereof, it is the regular courts that have jurisdiction. The Supreme Court (SC) ruled in the recent case of Portillo v. Rudolf Lietz, Inc., 683 SCRA 568 (2012), that not all disputes between an employer and his employees fall within the jurisdiction of the labor tribunals such that when the claim for damages...

SERRANO V. GALLANT MARITIME SERVICES, INC. AND MARLOW NAVIGATION CO., INC. GR No. 167614 - March 24, 2009  FACTS: Petitioner Antonio Serrano was hired by respondents Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc., under a POEA-approved contract of employment for 12 months, as Chief Officer, with the basic monthly salary of US$1,400, plus $700/month overtime pay, and 7 days paid vacation leave per month.   On March 19, 1998, the date of his departure, Serrano was constrained to accept a downgraded employment contract for the position of Second Officer with a monthly salary of US$1,000 upon the assurance and representation of respondents that he would be Chief Officer by the end of April 1998.   Respondents did not deliver on their promise to make Serrano Chief Officer. Hence, Serrano refused to stay on as second Officer and was repatriated to the Philippines on May 26, 1998, serving only two (2) months and seven (7) days of his contract...