Article 223, paragraph 3, of the Labor Code mandates the employer to promptly reinstate the dismissed employee, either by actual reinstatement under the conditions prevailing before the dismissal, or through his or her inclusion in the payroll.
Factual findings of the NLRC are accorded great respect, but the Court of Appeals is not precluded from reviewing evidence alleged to be arbitrarily considered or otherwise disregarded by the former.
As an employee, Villarico is entitled to the payment of the annual 13th month pay under Presidential Decree No. 851, as amended. However, since he filed his Complaint only on August 30, 2016, only those 13th month pay not paid by DMCI, et al. from 2014 to 2016 can be claimed.
The Province of Occidental Mindoro exceeded its powers and authority when it completely banned all large-scale exploration and mining operations within its territorial jurisdiction, in contravention of Republic Act No. 7942 or the Philippine Mining Act of 1995.
In ascertaining the liability of accused-appellant for violation of Republic Act No. 9165, it is imperative to determine whether the identity of the dangerous drugs allegedly confiscated from him were established with moral certainty. The dangerous drugs form an integral part of the corpus delicti of the crime. Failure to prove the integrity of the corpus delicti renders the drugs seized insufficient to prove his guilt beyond reasonable doubt. Thus, warranting his acquittal.
The Supreme Court clarified that the requirement of indicating the material dates in the petition is separate from the requirement that the petition be timely filed, as both must be complied with.
In malversation through negligence, what characterizes the negligence is not what the offender did after the public funds or property were taken by another person but what the offender did or omitted to do which permitted the taking thereof.
The Court ruled that the workers were entitled to the same rights and benefits as regular employees of the employer. The decision was grounded in Articles 106 to 109 of the Labor Code, which prohibit labor-only contracting when the contractor lacks substantial capital and the workers are engaged in the employer’s core activities. Such arrangements violate labor laws and compromise workers’ rights.
As mandated under the POEA-SEC, as amended by POEA Memorandum Circular No. 10, Series of 2010, upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.
Willful disobedience or insubordination requires the concurrence of two (2) requisites: (1) the employee’s assailed conduct must have been willful which is characterized by a wrongful and perverse attitude; and (2) the order violated must have been reasonable, lawful, made known to the employee, and must pertain to the duties which he had been engaged to discharge.
