A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered […]
Monthly Archives: October 2015
10 posts
Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court Or, in the alternative, the mailer must testify in court Conviction may still be had even if the issuer […]
154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued […]
Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due […]
The general rule is that all available administrative remedies must be availed of or exhausted first before resorting to judicial remedies. Thus: …no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted. The rationale behind the doctrine of […]
G.R. No. 120030 – 273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers of Atlas Fertilizer Corporation (Atlas). In March 1992, Atlas made an audit and it discovered […]
G.R. No. L-45043 – 63 Phil. 369 – Criminal Law – Crimes Against Property – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he took consisted of some clothing, a wallet, a comb, a watch, […]
G.R. No. L-59847 – 203 Phil. 23 – 117 SCRA 659 – Labor Law – Labor Relations – Illegal Strike – Backwages In January 1980, the Philippines Inter-Fashion, Inc. decided to retrench 40 employees due to alleged lack of available work for employees. As a result, the labor union therein, the Philippine […]
G.R. No. 148241 – 438 Phil. 737 – 390 SCRA 181 – Labor Law – Post-Employment – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent by Hantex Trading Co., Inc. He earns Php165.00 a day but he gets […]