Laws and Court decisions

THE government may search an employee’s office computer without violating his constitutional right to privacy, even if it does so without a warrant, the Supreme Court ruled last month.

In illegal dismissal cases, it must be shown that there was in fact a dismissal. This is the argument raised by Vic. Vic was the owner of a moviehouse. One of his employees was Dario who had been hired as electrician/air-conditioner operator sometime in January 1983 receiving below the minimum wage salary of only P97…

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This is another case illustrating that a final decision can no longer be modified. This is the case of Lito who was hired as technical salesman by a company engaged in the distribution of various chemicals from foreign suppliers (MTI). After more than six years of employment, MTI terminated Lito’s services on July 15, 1997.

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This is another case of resignation amounting to constructive dismissal. The test applied here is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. This is the case of Magno.

This is another case regarding compensability of permanent and total disability due to illness that is not listed as occupational disease but has been considered work related. This is the case of Lino.

This case is about the back-wages and separation pay of an illegally dismissed employee. The question raised here is from what date up to what date these monetary awards shall be computed. This is the case of Al.

The Supreme Court (SC) has deferred until next year implementation of the rule on mandatory legal aid service that would require practicing lawyers to render a minimum of 60 hours of free legal aid services to indigent litigants yearly.

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When a retired government employee is re-employed in another government office, can his previous government service be credited in the computation of his retirement benefit? This is the issue raised in this case of Pepe.

MANILA, Philippines – A seafarer won $26,442.73 in wages for the nine months and 23 days that he would have spent on board ship after the Supreme Court declared as unconstitutional a clause in Republic Act 8042, the Migrant Workers and Overseas Filipinos Act, limiting the money claims of overseas Filipino workers.

Under Article 157 of the Labor Code, employers with more than 200 workers should provide or make available medical and allied services consisting of a full time registered nurse, part time physician and dentist and an emergency clinic. Does this mean that the employer should hire or employ a nurse, doctor and dentist? This is…

For being discriminatory and oppressive, the Supreme Court declared as unconstitutional a provision in the Migrant Overseas Filipinos Act, or Republic Act 8042, that sets a limit on monetary claims of illegally dismissed overseas Filipino workers (OFWs).

THE Supreme Court has ordered the Philippine Economic Zone Authority to pay a couple the full value of the 4.7-hectare private property in Lapu-Lapu City that was the subject of expropriation proceedings.

Article 282 (c) of the Labor Code allows an employer to terminate the services of an employee for loss of trust and confidence. It must be shown however that the employee concerned must be holding a position of trust and confidence and there must be an act that would justify such loss. This case of…

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At the outset, it must be stressed that this is an administrative case for dishonesty, grave misconduct, and falsification of an official document. To sustain a finding of administrative culpability only substantial evidence is required, not overwhelming or preponderant, and very much less than proof beyond reasonable doubt as required in criminal cases.

If control of a private corporation is acquired by the government through one of its agencies, are its employees subject to civil service laws? This is the question answered in this case of Pablo.

The injury or death of an employee is compensable if it is sustained (1) while performing his official functions (2) at the place where his work requires him to be or if sustained elsewhere (3) he must have been executing an order of his employer. These requirements are illustrated in this case of Bert.

Under Article 291 of the Labor Code, all money claims arising from employer-employee relationship like recovery of unpaid wages, separation pay and 13th month pay must be filed within three years from the time the cause of action accrued, otherwise they shall forever be barred. This case of Alma and her late husband Jim is…

Under the Corporation Code (Section 6 © P.D. 902-A as amended by PD 1799), the Securities & Exchange Commission (SEC) may suspend the proceedings of any collection suit filed before any court by a creditor against a corporation, partnership or association placed under management or receivership. But is this rule applicable to a secured creditor?…

Under the Constitution, the Civil Service Commission (CSC) has jurisdiction over all positions in the government service, whether career or non-career. Does such jurisdiction include the president of state universities or schools with governing boards exclusively granted by their charters the corporate powers of administration? This is the issue raised in this case of Mr.…

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THE Supreme Court has declared as legal the collection of union dues from non-union members who are included in the benefits negotiated by the union from management through a collective bargaining agreement.

For so many years now, government employees have been fighting for the payment of the allowances, fringe benefits and COLA that were discontinued following the passage of R.A. 6758, otherwise known as the Salary Standardization Law and the issuance of Department of Budget and Management (DBM) Circular No. 10 implementing said law that deemed the…

Can an Amended Complaint be admitted after the order dismissing the original complaint has already become final on the ground that no substantial amendments to the original complaint are to be made anyway and the amendment is merely in compliance with the court order to continue plaintiff’s cause of action mainly directed at another party?…

It is not immoral under the law for a government employee to give birth out of wedlock if she and the father are not married to other people, the Supreme Court has ruled.

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COMMITTEE ON THE STRUCTURE OF THE REPUBLIC HIGHLIGHTS OF THE PROPOSED AMENDMENTS TO ARTICLE X (LOCAL GOVERNMENT) OF THE 1987 CONSTITUTION (Approved subject to style, by the Plenary on 13 December 2005)