The shipowner and the ship agent shall be civilly liable for the acts of the captain and for the obligations contracted by the latter to repair, equip, and provision the vessel, provided the creditor proves that the amount claimed was invested for the benefit of the same. (Article 586, Civil Code)
The handbook for overseas Filipino workers shall be created and issued to every land-based and sea-based worker free of charge. It shall serve as a ready reference for migrant workers when they need to assert their rights and responsibilities. It shall also deal with key issues that they need to know in order to maintain decent employment conditions overseas. (Section 2, Republic Act No. 11227)
The prescriptive period to file a complaint for illegal dismissal is four years from the time the cause of action accrued.
An action for illegal dismissal or when one is arbitrarily and unjustly deprived of his job or means of livelihood is essentially a complaint for “injury of rights”, which falls under Article 1146 of the Civil Code of the Philippines. (Jimmy Gallego v. Wallem Maritime Service, Inc., G.R. No. 216440, February 19, 2020)
Under the Article 1146 of the Civil Code, an action upon injury to the rights of the plaintiff must be instituted within four (4) years. (Article 1146, Civil Code)
· An employee’s removal for just or authorized cause but without complying with the proper procedure, on the other hand, does not invalidate the dismissal. (Distribution & Control Products, Inc. vs. Jeffrey Santos, G.R. No. 212616, July 10, 2017)
· The law and jurisprudence allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. (Libcap Marketing Corp. vs. Lanny Jean Baquial, G.R. No. 192011, June 30, 2014)
Acts of disdain and hostile behavior such as demotion, uttering insulting words, asking for resignation, and apathetic conduct towards an employee constitute constructive illegal dismissal. (Bayview Management Consultants, Inc. v. Pedrita Heloisa Pre, G.R. No. 220170, August 19, 2020)
A resigning employee may be held accountable for the payment of an “employment bond” in accordance with the contractual obligations stipulated within the employment agreement. Such liability emanates from the breach of the minimum employment period clause delineated therein. (Comscenre Pidls, Inc. vs. Camille Rocio, G.R. No. 222212, January 22, 2020)
The employee’s signing of the employment contract more than two months after the project had commenced logically implies that he was not apprised of his status as a project-based employee when he was engaged.
Employers who assert that a worker is a project-based employee must be substantiate that the duration and scope of employment were explicitly determined at the time of engagement.
In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755. (Article 1756, New Civil Code of the Philippines)
A common carrier is engaged in the business of carrying or transporting passengers or goods for compensation, offering their services to the public. (Sulpicio Lines, Inc. v. Napoleon Sesante, G.R. No. 172682, July 27, 2016)
The fact that an employee was deprived of office space, was not given further work assignment and was not paid her salaries until she was left with no choice but stop reporting for work all combine to make out a clear case of constructive dismissal. (Tan Brothers vs. Escudero, G.R. No. 188711, July 8, 2013)
