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PHILIPPINE BANK OF COMMERCE vs. RIA DE GUZMAN RIVERA (G.R. No. 217411, December 13, 2023)

Doctrine

An “ON-US check” refers to a client’s check drawn and deposited on the same branch of a bank. Once an ON-US check is cleared and credited to a payee’s account, the bank can no longer enforce a stop payment order and debit the payee’s account. When the late stop payment order is enforced and the payee’s account is debited, resulting in the dishonor of the check drawn from such account, the bank is deemed to have committed a breach of contract which makes it liable for damages.

Additional Maternity Leave of Thirty (30) Days Without Pay under Republic Act No. 11210

Republic Act No. 11210, also known as the Expanded Maternity Leave Law, grants covered female workers in both government and private sectors, including those in the informal economy, a total of 105 days of maternity leave with full pay. Additionally, it provides an option to extend the maternity leave for an additional thirty (30) days without pay.

Is Conflict of Interest a Just Cause of Dismissal?

Implicit in the contract of employment is the undertaking that the employee shall be faithful to the interest of the employer during the term of the employment. When an employee deliberately acquires an interest adverse to his employer, he is disloyal, and his discharge is justified. (Elizalde International vs. CA, G.R. No. L40553, February 26, 1981)

Gross and Habitual Neglect of Duties

An employer may terminate an employment for gross and habitual neglect by the employee of his duties. (Article 297, Labor Code)

Gross neglect is defined as the absence of that diligence that an ordinary prudent man would use in his/her own affairs. (Section 4, par. j, Rule I-A, DOLE D.O. No. 147-15)

Habitual neglect refers to the repeated failure to perform one’s duties over a period of time, depending upon the circumstances. (Section 4, par. k, Rule I-A, DOLE D.O. No. 147-15)

Award of Separation Pay

Separation pay refers to the compensation given to an employee who is terminated from employment due to authorized causes provided in Articles 298 and 299 of the Labor Code of the Philippines.

An employee’s entitlement to separation pay depends on the ground for his/her termination.

Where the termination of an employee is for authorized causes, separation pay is due.