The following posts do not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
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)
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)
A non-stock corporation may not be converted into a stock corporation without liquidating its assets. (SEC-OGC Opinion No. 22-14 Re: Legality of Converting a Non-Stock, Non-Profit Corporation to a Stock Corporation, dated October 7, 2022)
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 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)
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)
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.
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)
The month of June is declared as the “Rural Workers Month” in the Philippines pursuant to Proclamation No. 2418, series of 1985.
The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of Article 1738. (Article 1736, New Civil Code of the Philippines)
