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Showing posts from September, 2021

Digest: G.R. No. 198935: MWSA v. Maynilad

  Maynilad Water Supervisors Association v. Maynilad Water Services, Inc.,  G.R. No. 198935 | November 27, 2013 Perez, J.   Facts: For resolution is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse, annul and set aside the Amended Decision and Resolution issued by the Court of Appeals (CA) reinstating the NLRC’s ruling reversing the Labor Arbiter’s ruling that Maynilad Water’s Supervisors Association’s (MWSA’s) claim and directed Maynilad Water Services, Inc. (Maynilad) to pay the cost-of-living allowance (COLA) of the supervisors.   Petitioner Maynilad Water Supervisors Association (MWSA) is an association composed of former supervisory employees of Metropolitan Waterworks and Sewerage System (MWSS). These employees claim that during their employment with MWSS, they were receiving a monthly cost of living allowance (COLA) equivalent to 40% of their basic pay.   The payment of these allowances and other additional compensation, including the C

Digest: G.R. No. 162839: Innodata Philippines, Inc. v. Jocelyn L. Quejada-Lopez and Estella G. Natividad-Pascual

  Innodata Philippines, Inc. v. Jocelyn L. Quejada-Lopez and Estella G. Natividad-Pascual G.R. No. 162839 | October 12, 2006 Panganiban, CJ.    Facts: This is a Petition for Review under Rule 45 of the Rules of Court, seeking to reverse the September 18, 2003 Decision of the Court of Appeals whereby respondents were regular employees in accordance with Section 280 of the Labor Code.  It said that the fixed-term contract prepared by petitioner was a crude attempt to circumvent respondents' right to security of tenure.   Innodata Philippines, Inc. (Innodata), is engaged in the encoding/data conversion business.  It employs encoders, indexers, formatters, programmers, quality/quantity staff, and others, to maintain its business and do the job orders of its clients.   Estrella G. Natividad=Pascual and Jocelyn L. Quejada-Lopez (respondents) were employed as formatters by Innodata Philippines, Inc. They [worked] from March 4, 1997, until their separation on March 3, 1998.   Claiming that

Digest: G.R. No. 144899: Elizabeth C. Bascon and Noemi V. Cole v. Honorable Court of Appeals

  Elizabeth C. Bascon and Noemi V. Cole v. Honorable Court of Appeals G.R. No. 144899 | February 5, 2004 Quisumbing, J.    Facts: This petition for review on certiorari assails the Court of Appeals’ Decision holding Elizabeth Bascon and Noemi Cole validly terminated for their gross insubordination or willful disobedience performed towards Metro Cebu Community Hospital.   The petitioners in the instant case were employees of private respondent Metro Cebu Community Hospital, Inc. (MCCH) and members of the Nagkahiusang Mamumuo sa Metro Cebu Community Hospital (NAMA-MCCH), a labor union of MCCH employees. Petitioner Elizabeth C. Bascon had been employed as a nurse by respondent MCCH since May 1984. At the time of her termination from employment in April 1996, she already held the position of Head Nurse. The other petitioner, Noemi V. Cole, had been working as a nursing aide with MCCH since August 1974. Both petitioners were dismissed by the respondent hospital for allegedly participating i

Digest: G.R. No. 169838: BAYAN, et al. v. Ermita, et al.

  BAYAN, et al. v. Ermita, et al. G.R. No. 169838 | April 25, 2006 Azcuna, J.   Facts: The rally was scheduled to proceed along España Avenue in front of the University of Santo Tomas and going towards Mendiola bridge. Police officers blocked them along Morayta Street and prevented them from proceeding further. They were then forcibly dispersed, causing injuries on one of them. Three other rallyists were arrested.   In the case of Bayan, they allege that they are citizens and taxpayers of the Philippines and that their rights as organizations and individuals were violated when the rally they participated in on October 6, 2005 was violently dispersed by policemen implementing Batas Pambansa (B.P.) No. 880.   All petitioners assail Batas Pambansa No. 880, some of them in toto and others only Sections 4, 5, 6, 12, 13(a), and 14(a), as well as the policy of CPR, "Calibrated Preemptive Response". They seek to stop violent dispersals of rallies under the "no permit, no rally&q

Digest: G.R. No. 167367: Metro Eye Security, Inc. v. Julie V. Salsona

  Metro Eye Security, Inc. v. Julie V. Salsona  G.R. No. 167367 | September 28, 2007 Chico-Nazario, J.    Facts: Submitted for decision is a Petition for Certiorari under Rule 45 of the Rules of Court assailing the Resolution of the Court of Appeals dismissing the petition of Metro Eye Security, Inc. for having been filed beyond the reglementary period and the Resolution of the same court denying petitioner’s motion for reconsideration.   Respondent Julie Salsona (Salsona) was hired as a Security Officer beginning 4 October 1999 by the petitioner, a domestic corporation engaged as a security agency for AMA Group of Companies (AMALand).  On 11 July 2000, Salsona received a memorandum from petitioner requiring him to answer a complaint against him for allegedly working for a competitor as intelligence/investigation officer. Salsona promptly responded the next day, 12 July 2000, to the memorandum.   On 13 July 2000, petitioner sent another memorandum to Salsona requiring him to respond to

Digest: G.R. No. 172589: Jeffrey Nacague v. Sulpicio Lines, Inc.

  Jeffrey Nacague v. Sulpicio Lines, Inc. G.R. No. 172589 | August 8, 2010 Carpio, J.   Facts: This is a petition for review on the Court of Appeals decision holding that Sulpicio Lines, Inc. complied with both the procedural and substantive requirements of the law when it terminated the employment of Jeffrey Nacague.    Nacague was hired by Sulpicio Lines as "hepe de viaje" or the representative of Sulpicio Lines onboard its vessel M/V Princess of the World (the ship).  Sulpicio Lines received an anonymous letter reporting the use of illegal drugs onboard the ship. Ceasar T. Chico, a housekeeper on the ship, submitted a report regarding the drug paraphernalia found inside the Mopalla Suite Room and the threat on his life made by Nacague and Chief Mate Reynaldo Doroon after he found the drug paraphernalia.   Sulpicio Lines then sent a notice of investigation to Nacague informing him of the charges against him for use of illegal drugs and threatening a co-employee. When the sh

Digest: G.R. No. 191460 & 191464 : Perfecto Pascua v. Bank Wise Inc. AND Philippine Veterans Bank

  Perfecto Pascua v. Bank Wise Inc. AND Philippine Veterans Bank G.R. No. 191460 & 191464 | January 31, 2018 LEONEN, J   Facts: For resolution are two separate Petitions for Review on Certiorari by Perfecto Pascua and Bank Wise, respectively assailing the Court of Appeals’ Decision that Perfecto Pascua was constructively dismissed and that only Bank Wise Inc. is liable to Perfecto Pascua for his money claims and absolved Philippine Veterans Bank of the same.   Pascua was employed by Bank Wise as its Executive Vice President for Marketing on July 1, 2002.   On September 29, 2004, Philippine Veterans Bank and Bank Wise entered into a Memorandum of Agreement for the purchase of Bank Wise's entire outstanding capital stock. Philippine Veterans Bank allegedly assumed full control and management of Bank Wise. Pascua was then reassigned to a Special Accounts Unit but his duties, functions, and responsibilities were not clearly delineated or defined.   Pascua was informed by Roberto A.

Silence of night

In the darkness of night The loneliness of a fight Staring into the wall The mind's at a stall Silence of night Absence of fright Peaceful you might say Thoughts have come astray Memories come aflutter Regrets overpower In the silence of the night Struggle for the last sprite