Pinoy Mobile Case Digests

 [ G.R. No. 218115, January 27, 2021 ] [G.R. No. 218170, January 27, 2021] LOPEZ, M., J.: Disposition:      FOR THESE REASONS, the petition in G.R. No. 218115 is GRANTED . The Court of Appeals' Decision dated September 11, 2014 in CA-G.R. SP No. 134114 is REVERSED and SET ASIDE with respect to the awards of sickness allowance and attorney's fees. The Labor Arbiter's Decision dated August 28, 2013 dismissing the complaint is REINSTATED. FACTS In 2012, Darwin Dalisay (Darwin) applied for shipboard employment with PAL Maritime Corporation (PAL Maritime), which directed him to undergo a pre-employment medical examination (PEME) in its accredited clinic. During his examination, Darwin declared that he had no history of any ailment other than a "Varicocoelectomy" operation in 2003. Thus, Darwin was declared fit to work and hired as an able seaman on behalf of PAL Maritime's foreign principal Norwest Management Corporation (PTE) LTD. Singapore (Norwest Management). O...

FACTS: Celso E. Fuentes, a security guard by Protective designated at Post 33. On July 20, 2000, NPA ransacked Post 33 and took some firearms, Agency-issued uniforms and personal items. On the same day, Fuentes and his fellow security guards reported the raid to the PNP.   However, a complaint for robbery committed by a band against Fuentes was filed due to the affidavit of Lindo, Jr. and Cempron that Fuentes conspired and acted in consort with the New People’s Army basing.   While was Fuentes was detained, he alleged that he was "mauled and tied up by the security officers of [Protective]." To preserve proof of these claims, Fuentes had pictures taken of his injuries while in custody and acquired a medical certificate detailing his injuries. But On August 15, 2001, the OPP of dismissed due to lack of Probable cause.   Fuentes ,right after the criminal complaint was dismissed, demanded to return to work but he was refused entry on the ground that he was a me...

FACTS: Rivera was employed by Genesis as a bus conductor in June 2002. Moises is Genesis’ president and general manager.   In his Position Paper before the Labor Arbiter, Rivera acknowledged that he was dismissed by Genesis on account of a discrepancy in the amount he declared on bus ticket receipts. He alleged that on June 10, 2010, he received a Memorandum giving him 24 hours to explain why he should not be sanctioned for reporting and remitting the amount of P198 instead of the admittedly correct amount of P394 worth of bus ticket receipts. He responded that it was an honest mistake, which he was unable to correct "because the bus encountered mechanical problems.   According to Genesis’ inspector Villaseran he conducted a "man to man" inspection on the tickets held by the passengers on board Bus No. 8286 who had transferred from Bus No. 1820 in San Fernando, Pampanga. (Bus No. 1820 broke down.) In the course of his inspection, he noticed that Ticket No. 7233...

FACTS: Bravo was employed as a part-time teacher in 1988 by Urios College, now called Father Saturnino Urios University. In addition to his duties as a part-time teacher, Bravo was designated as the school's comptroller from June 1, 2002 to May 31, 2002. Urios College organized a committee to formulate a new "ranking system for nonacademic employees for school year 2001-2002. The proposed ranking system for school year 2001—2002 was presented to Bravo for comments.[10] Bravo recommended that "the position of Comptroller should be classified as a middle management position [because it was] informally merged with  the position of [V]ice-[P]resident for [F]inance. The committee allegedly agreed with Bravo and accepted his recommendations. Later, Bravo obtained his employee ranking slip which showed his evaluation score and the change of his rank "from office head to middle manager-level IV." The change, however, was merely superimposed. The employe...

FACTS: On January 30,1984, Lourdes Rodriguez was hired by spouses Vicente & Estelita B. Javier as Restaurant Supervisor for their restaurant at Vicest Phils. Later, when the restaurant closed, she was transferred to do office work and became an Administrative and Finance assistant to Estelita Javier.   As the spouses ventured into other businesses, establishing more companies, petitioner’s duties extended to handling personnel, finance and administrative matters of these companies without additional compensation. Even substituting as cashier at their Park N Ride business when the Head Cashier would be on day-off. She was also tasked to take care of the household concerns of the Javier spouses, such as preparing payrolls for drivers and helpers, shopping for household needs, and looking after the spouses’ house whenever they travelled abroad.   She allegedly worked from 8:00 a.m. to 7:00 p.m., Mondays to Saturdays; was on call on Sundays; and worked during Christm...

Summary: The merger of a corporation with another does not operate to dismiss the employees of the corporation absorbed by the surviving corporation. This is in keeping with the nature and effects of a merger as provided under law and the constitutional policy protecting the rights of labor. The employment of the absorbed employees subsists. Necessarily, these absorbed employees are not entitled to separation pay on account of such merger in the absence of any other ground for its award. FACTS: Philippine Geothermal, Inc. Employees Union is a legitimate labor union that stands as the bargaining agent of the rank-and-file employees of Unocal Philippines. Unocal Philippines, formerly known as Philippine Geothermal, Inc., is a foreign corporation incorporated under the laws of the State of California, United States of America, licensed to do business in the Philippines for the “exploration and development of geothermal resources as alternative sources of energy.” It is a wholly ow...

FACTS: Petitioner Saudi Arabian Airlines (Saudia) is a foreign corporation established and existing under the laws of Jeddah, Kingdom of Saudi Arabia. Respondents were recruited and hired by Saudia as Flight Attendants with the accreditation and approval of the Philippine Overseas Employment Administration (POEA). Respondents continued their employment with Saudia until they were separated from service on various dates in 2006. The respondents contended that the termination of their employment was illegal. They alleged that the termination was made solely because they were pregnant. As respondents alleged, they had informed Saudia of their respective pregnancies and had gone through the necessary procedures to process their maternity leaves. Initially, Saudia had given its approval but later on informed respondents that its management in Jeddah, Saudi Arabia had disapproved their maternity leaves. In addition, it required respondents to file their resignation letters. Respondent...