Paulino Ungos III's Podcast

#AMYingForExcellence The principles relating to computation of separation pay and backwages are illustrated in a case penned by your Bar Chair.The case of Dumapis v. Lepanto Consolidated Mining Co. (G.R. No. 204060, 15 September 2020) may help you review "II. Jurisdiction and Remedies," specifically subheadings "A(2)" and "A(4)" of your Bar Syllabus in Labor Law.

#AMYingForExcellence May an employee be granted a recomputation of an award of backwages, separation pay, and other benefits that she has already received in full? The case of Tan v. Dagpin (G.R. No. 212111, January 15, 2020) may help you review "II. Jurisdiction and Remedies," specifically subheadings "A," "B," and "C" of your Bar Syllabus in Labor Law.

#AMYingForExcellence Were the complainants in this case declared employees of a fitness company? Check out the case of Escauriaga v. Fitness First, Phil., Inc., G.R. No. 266552, 22 January 2024. This could help you review items IV(A) and IV(C) of your bar syllabus in Labor Law [Work Relationships].

#BarNiJLo2024 The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid? Mariano v. G.V. Florida Transport, G.R. No. 240882, 16 September 2020.

#BarNiJLo2024 The complainants in this case claimed to be regular employees of the company since they performed services necessary and desirable to its business. Was this stand upheld? Tuppil, Jr. v. LBP Service Corp., G.R. No. 228407, 10 June 2020.

#BarNiJLo2024 The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid? Verizon Communications Philippines, Inc. v. Margin, G.R. No. 216599, September 16, 2020.

#BarNiJLo2024 The employer mentioned that an order of dismissal was issued by the POEA in a case filed by the employees against it. Should such order bind the Labor Arbiter when it rules on the complaint for illegal dismissal filed by said employees against the same employer? U R Employed International Corp. v. Pinmiliw, G.R. No. 225263, March 16, 2022.

#BarNiJLo2024 Check whether the seafarer was successful in his claim of permanent total disability benefits against his employer. Trans-Global Maritime Agency, Inc. v. Utanes, G.R. No. 236498, September 16, 2020.

#BarNiJLo2024 Was the employer’s denial of contract substitution in this case given credence by the Supreme Court? Fil-Expat Placement Agency, Inc. v. Lee, G.R. No. 250439, September 22, 2020.

#BarNiJLo2024 Check whether the employer succeeded in justifying its decision to dismiss an employee on the ground of loss of trust and confidence. Manrique v. Delta Earthmoving, Inc., G.R. No. 229429, November 9, 2020.

#BarNiJLo2024 Can a contractor be declared legitimate based solely on the doctrine of stare decisis? Conjusta v. PPI Holdings, Inc., G.R. No. 252720, August 22, 2022

#BarNiJLo2024 Was the GOCC in this case justified in suspending the implementation of the increases of salary and benefits in the renegotiated CBA? Clark Development Corp. v. Association of CDC Supervisory Personnel Union, G.R. No. 207853, March 30, 2022

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Abelardo lost the case filed against him before the Office of the Labor Arbiter and was declared the employer of the complainants. Was his appeal before the National Labor Relations Commission perfected? Was he confirmed to be the employer of the complainants? Salazar v. Simbajon, G.R. No. 202374, June 30, 2021.

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Learn whether this employee was granted his claims of overtime pay and premium pay for holidays and rest days. Zonio v. 1st Quantum Leap Security Agency, Inc., G.R. No. 224944, May 5, 2021.

#HernanDoIt #Bar2023 The local manning agent asserted that the OFW directly transacted with the principal without its knowledge. Did the Supreme Court excuse such agent from the money claims of the OFW? SRL International Manpower Agency v. Yarza, Jr., G.R. No. 207828, February 14, 2022.

#HernanDoIt #Bar2023 The employer argued that just cause attended her decision to dismiss the employee from service, but she was able to introduce supporting documents only on appeal. Is the NLRC precluded from receiving such pieces of evidence? Spouses Maynes v. Oreiro, G.R. No. 206109, November 25, 2020.

#HernanDoIt #Bar2023 Find out whether the complainants (who were hired by a foreign company) were granted their claim of illegal dismissal allegedly done by its local subsidiary. Gesolgon v. CyberOne PH., Inc., G.R. No. 210741, October 14, 2020.

#HernanDoIt #Bar2023 The employer claimed that it dismissed its employee for just cause because the latter assaulted a co-employee within company premises. Did the Supreme Court agree with the employer’s claim? G & S Transport Corp. v. Medina, G.R. No. 243768, September 5, 2022.

#HernanDoIt #Bar2023 The National Labor Relations Commission modified the computation of backwages and separation pay to an illegally dismissed employee, in view of her rejection of an alleged offer of reinstatement by the employer. Was this modification sustained by the Supreme Court? Angono Medics Hospital, Inc. v. Agabin, G.R. No. 202542, December 9, 2020.

#HernanDoIt #Bar2023 In asserting that they were illegally dismissed from employment, the employees in this case stated that they were verbally informed of their dismissal from employment and prohibited from further rendering service. Did the Supreme Court rule in their favor? Santos, Jr. v. King Chef, G.R. No. 211073, November 25, 2020.

#HernanDoIt #Bar2023 In one case, the National Labor Relations Commission was unable to act on the Motion to Reduce Bond filed by the employer, but it proceeded to rule on said employer’s appeal. Was the Commission’s resolution of the substantive controversies in the appeal tantamount to an implied affirmance of the perfection of such appeal? Pacific Royal Basic Foods, Inc. v. Noche, G.R. No. 202392, October 4, 2021.

#HernanDoIt #Bar2023 The NLRC and the CA found that the requirements of procedural due process in the employee’s dismissal were not complied with. Will the quitclaim executed by the employee bar his entitlement to nominal damages?  Dela Torre v. Twinstar Professional Protective Services, Inc., G.R. No. 222992, June 23, 2021. 

In this case, find out why an illegal dismissal complaint cannot be classified like an ordinary civil action insofar as the effect of death of any of the parties is concerned.  Nedira v. NJ World Corp., G.R. No. 240005, December 6, 2022. 

#HernanDoIt #Bar2023 In one case, the LA ruled that the mandatory 3-day reporting requirement does not apply if repatriation results from the expiration of a seafarer's employment contract.  Cabatan v. Southeast Asia Shipping Corp., G.R. No. 219495, February 28, 2022. 

#HernanDoIt #Bar2023 #WeCanDoIt The complainant presented pay slips and trip itineraries to support his assertion that he was an employee of the company. Were these sufficient to declare the company as his employer? Ginta-Ason v. J.T.A. Packaging Corp., G.R. No. 244206, March 16, 2022.

In this case, the Supreme Court held that when the status of the employment is in dispute, the employer bears the burden to prove that the workers are independent contractors rather than regular employees.  Ditiangkin, et al. v. Lazada, et al., G.R. No. 246892, September 21, 2022.

#HernanDoIt #Bar2023 In its appeal, the employer asserted that it was neither given summons relating to the employee’s amended complaint, nor notified of the scheduled hearings before the Office of the Labor Arbiter. Should it be allowed to present countervailing evidence on appeal?  Reyes v. Rural Bank of San Rafael (Bulacan), Inc., G.R. No. 230597, March 23, 2022. 

#HernanDoIt #Bar2023 #WeCanDoIt The employer asserted that its business was slowing down and that it dismissed the complainant on the ground of redundancy. Was the complainant’s dismissal found valid? Teletech Customer Care Management Philippines, Inc. v. Gerona, Jr., G.R. No. 219166, November 10, 2021.

#HernanDoIt #Bar2023 #WeCanDoIt Bus drivers and conductors filed a complaint against their employer for money claims before the Office of the Labor Arbiter and alleged that the latter failed to comply with Department Order No. 118, Series of 2012. Does the Office of the Labor Arbiter have jurisdiction over the case?  Del Monte Land Transport Bus, Co. v. Armenta, G.R. No. 240144, February 3, 2021. 

The accused pointed out that the POEA certification (which the trial court relied on in convicting him of the crime of illegal recruitment in large scale) was not authenticated in court by its signatory. Was this sufficient to overturn his conviction for the crime?  People v. Bautista, G.R. No. 218582, September 3, 2020.  #GetThatBar2022 #Bar2022 

The redundancy program was found to be valid and the employer was not found to have committed unfair labor practice. Learn why the employer was still held liable for separation pay and backwages for the dismissed employees. San Fernando Coca-Cola Rank-and-File Union v. Coca-Cola Bottlers Philippines, Inc., G.R. No. 200499, October 4, 2017. #GetThatBar2022 #Bar2022

#HernanDoIt #Bar2023 #WeCanDoIt The instructor in this case claimed to have completed her probationary period. Learn why the Court did not consider her as a permanent employee.  Palgan v. Holy Name University, G.R. No. 219916, February 10, 2021.

#HernanDoIt #Bar2023 #WeCanDoIt Why was the dismissal of this employee declared to be illegal despite proof of her violation of company policy?  Lamadrid v. Cathay Pacific Airways Limited, G.R. No. 200658, June 23, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt The employer in this case concluded that the employee, who went on an unapproved leave of absence, had already abandoned his employment. Was the employer correct?  Gososo v. Leyte Lumber Yard and Hardware, Inc., G.R. No. 205257, January 13, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt Upon being informed that they will be dismissed from employment, the employees tendered their resignation. Will an assertion of involuntariness in their resignation have merit?  Bance v. University of St. Anthony, G.R. No. 202724, February 3, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt Why was constructive dismissal not declared by the Supreme Court in this case?  Dela Torre v. Twinstar Professional Protective Services, Inc., G.R. No. 222992, June 23, 2021. 

Illegal Dismissal was not among the causes of action at issue in the employee's complaint filed before the NLRC. Will the labor tribunals be precluded from resolving such issue?  Burnea v. Security Trading Corp., G.R. No. 231038, April 26, 2021.

Can the employer in this case refuse to implement its Local Policy which provides for minimum salary rates to regularized employees?  Del Monte Fresh Produce (Philippines), Inc. v. Del Monte Fresh Supervisors Union, G.R. No. 225115, January 27, 2020. 

With regard to the visitorial and enforcement power under Article 128 of the Labor Code of the Philippines, does the Department of Labor and Employment have authority to accept an appeal under a reduced bond?  Blazing Star Security and Investigation Agency, Inc. v. Miraflor, G.R. No. 196022, January 22, 2020.

In justifying its decision to dismiss the employee, the employer claimed that the employee posed a clear and existing danger to the safety of the crew or vessel. Was this claim proven?  Evic Human Resource Management, Inc. v. Panahon, G.R. No. 206890, July 31, 2017.  #GetThatBar2022 #Bar2022

#HernanDoIt #Bar2023 #WeCanDoIt Does the control test call for the actual exercise of the right to control the manner by which a person does his work?  Parayday v. Shogun Shipping Co., Inc., G.R. No. 204555, July 6, 2020. 

#HernanDoIt #Bar2023 #WeCanDoIt Can an employer’s service contract with another company prove an employee’s project employment status?  Jovero v. Cerio, G.R. No. 202466, June 23, 2021. 

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Learn whether the car plan provided by the employer had ripened into company practice.  Home Credit Mutual Building and Loan Association v. Prudente, G.R. No. 200010, August 27, 2020. 

Learn why the Supreme Court still awarded permanent total disability benefits despite the employer's claim that the seafarer was informed of his disability rating.  Abella v. Abosta Shipmanagement Corp., G.R. No. 249358, April 28, 2021.  #GetThatBar2022 #Bar2022 

Find out why the SC ruled the dismissal of the employer’s appeal to be erroneous despite the showing of a failure to post an appeal bond.  Karj Global Marketing Network, Inc. v. Mara, G.R. No. 190654, July 28, 2020.  #GetThatBar2022 #Bar2022 

The third doctor in this case declared the claimant’s unfitness to work as a seafarer. Should the claimant be granted total permanent disability benefits?  Pacific Ocean Manning, Inc. v. Castillo, G.R. No. 230527, June 14, 2021.  #GetThatBar2022 #Bar2022

Find out how this employee successfully claimed retirement benefits despite the employer’s lack of a written retirement plan.  Beltran v. AMA Computer College-Biñan, G.R. No. 223795, April 3, 2019.  #GetThatBar2022 #Bar2022

The employee was not found to have committed insubordination and gross and habitual neglect of duty. Find out why her dismissal was still ruled to be with valid cause. Villanueva v. Ganco Resort and Recreation, Inc., G.R. No. 227175, January 8, 2020. #GetThatBar2022 #Bar2022

In supporting its assertion of legitimate contracting, the principal alleged that the complainant only performed non-core functions of its business. Was this assertion upheld by the Supreme Court?  Daguinod v. Southgate Foods, Inc., G.R. No. 227795, February 20, 2019.  #GetThatBar2022 #Bar2022

The employee in this case contended that his dismissal was illegal for being based on a vague company rule. Did the Supreme Court agree?  De Leon v. Philippine Transmarine Carriers, Inc., G.R. No. 232194, June 19, 2019.  #GetThatBar2022 #Bar2022