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Dual Citizenship vs. Dual Allegiance

Dual citizenship arises when as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states.

 

Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states.

 

While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition.

 

(Ernesto Mercado v. Eduardo Barrios Manzano and COMELEC, G.R. No. 135083, May 26, 1999)

Is an employee’s conviction in a criminal case necessary in the determination of just cause for his or her termination?

An employee’s guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his or her dismissal.

 

Hence, conviction in a criminal case is not necessary to find just cause for termination of employment. (St. Luke’s Medical Center, Inc. v. Maria Theresa Sanchez, G.R. No. 212054, March 11, 2015)

DISMISSAL OF AN EMPLOYEE DUE TO DRUG ABUSE INSIDE THE WORKPLACE

The charge of drug abuse inside the company’s premises and during working hours against constitutes serious misconduct, which is one of the just causes for termination.

The Supreme Court took judicial notice of scientific findings that drug abuse can damage the mental faculties of the user. It is beyond question therefore that any employee under the influence of drugs cannot possibly continue doing his duties without posing a serious threat to the lives and property of his co-workers and even his employer.

(Eduardo Bughaw, Jr. vs. Treasure Island Industrial Corporation, G.R. No. 173151, March 28, 2008)

De Facto Officer Doctrine

The De Facto Officer doctrine is primarily for protecting those who rely on the official acts of persons discharging the duties of a public office, without being lawful officers. It is meant to ensure the functioning of the government “despite technical defects in the official’s title to office. (Lee Arroyo vs. Honorable Court of Appeals, G.R No. 202860, April 10, 2019)

Waiting Time: Compensable Working Hours or Not?

Waiting time spent by an employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.

An employee who is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call. (Section 5, Rule I, Book III, Omnibus Rules Implementing the Labor Code)

CLOSURE OF ESTABLISHMENT AND REDUCTION OF PERSONNEL

Businesses are allowed to suspend operations and to dismiss their employees. Aside from having just and authorized causes for termination of employment, however, suspensions of operations and dismissals of employees must be done in accordance with law. Otherwise, employers must bear the consequences for their non-compliance. (Keng Hua Paper Products Co., Inc. vs. Carlos Ainza, G.R. No. 224097, February 22, 2023)

The Supreme Court decides: The parties must rely on the strength of their own evidence, not upon the weakness of the defense offered by their opponent.

In civil cases, the basic rule is that the party making allegations has the burden of proving them by a preponderance of evidence. In this regard, preponderance of evidence is the weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term ‘greater weight of the evidence’ or ‘greater weight of the credible evidence.

WORKPLACE POLICY AGAINST DRUG ABUSE

It shall be mandatory for all private establishments employing ten (10) or more workers to formulate and implement drug abuse prevention and control programs in the workplace, including the formulation and adoption of company policies against dangerous drug use. Establishments with less than ten (10) workers are also encouraged to formulate and adopt drug-free policies and programs in the workplace. (Par. B(1), Dangerous Drugs Board Regulation No. 8, Series of 2003)