Paulino Ungos III's Podcast

#AMYingForExcellence The principles relating to computation of separation pay and backwages are illustrated in a case penned by your Bar Chair. The case of Dumapis v. Lepanto Consolidated Mining Co. (G.R. No. 204060, 15 September 2020) may help you review "II. Jurisdiction and Remedies," specifically subheadings "A(2)" and "A(4)" of your Bar Syllabus in Labor Law.

#AMYingForExcellence May an employee be granted a recomputation of an award of backwages, separation pay, and other benefits that she has already received in full? The case of Tan v. Dagpin (G.R. No. 212111, January 15, 2020) may help you review "II. Jurisdiction and Remedies," specifically subheadings "A," "B," and "C" of your Bar Syllabus in Labor Law.

#AMYingForExcellence Were the complainants in this case declared employees of a fitness company? Check out the case of Escauriaga v. Fitness First, Phil., Inc., G.R. No. 266552, 22 January 2024. This could help you review items IV(A) and IV(C) of your bar syllabus in Labor Law [Work Relationships].

#BarNiJLo2024 The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid? Mariano v. G.V. Florida Transport, G.R. No. 240882, 16 September 2020.

#BarNiJLo2024 The complainants in this case claimed to be regular employees of the company since they performed services necessary and desirable to its business. Was this stand upheld? Tuppil, Jr. v. LBP Service Corp., G.R. No. 228407, 10 June 2020.

#BarNiJLo2024 The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid? Verizon Communications Philippines, Inc. v. Margin, G.R. No. 216599, September 16, 2020.

#BarNiJLo2024 The employer mentioned that an order of dismissal was issued by the POEA in a case filed by the employees against it. Should such order bind the Labor Arbiter when it rules on the complaint for illegal dismissal filed by said employees against the same employer? U R Employed International Corp. v. Pinmiliw, G.R. No. 225263, March 16, 2022.

#BarNiJLo2024 Check whether the seafarer was successful in his claim of permanent total disability benefits against his employer. Trans-Global Maritime Agency, Inc. v. Utanes, G.R. No. 236498, September 16, 2020.

#BarNiJLo2024 Was the employer’s denial of contract substitution in this case given credence by the Supreme Court? Fil-Expat Placement Agency, Inc. v. Lee, G.R. No. 250439, September 22, 2020.

#BarNiJLo2024 Check whether the employer succeeded in justifying its decision to dismiss an employee on the ground of loss of trust and confidence. Manrique v. Delta Earthmoving, Inc., G.R. No. 229429, November 9, 2020.

#BarNiJLo2024 Can a contractor be declared legitimate based solely on the doctrine of stare decisis? Conjusta v. PPI Holdings, Inc., G.R. No. 252720, August 22, 2022

#BarNiJLo2024 Was the GOCC in this case justified in suspending the implementation of the increases of salary and benefits in the renegotiated CBA? Clark Development Corp. v. Association of CDC Supervisory Personnel Union, G.R. No. 207853, March 30, 2022

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Abelardo lost the case filed against him before the Office of the Labor Arbiter and was declared the employer of the complainants. Was his appeal before the National Labor Relations Commission perfected? Was he confirmed to be the employer of the complainants? Salazar v. Simbajon, G.R. No. 202374, June 30, 2021.

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Learn whether this employee was granted his claims of overtime pay and premium pay for holidays and rest days. Zonio v. 1st Quantum Leap Security Agency, Inc., G.R. No. 224944, May 5, 2021.

#HernanDoIt #Bar2023 The local manning agent asserted that the OFW directly transacted with the principal without its knowledge. Did the Supreme Court excuse such agent from the money claims of the OFW? SRL International Manpower Agency v. Yarza, Jr., G.R. No. 207828, February 14, 2022.

#HernanDoIt #Bar2023 The employer argued that just cause attended her decision to dismiss the employee from service, but she was able to introduce supporting documents only on appeal. Is the NLRC precluded from receiving such pieces of evidence? Spouses Maynes v. Oreiro, G.R. No. 206109, November 25, 2020.

#HernanDoIt #Bar2023 Find out whether the complainants (who were hired by a foreign company) were granted their claim of illegal dismissal allegedly done by its local subsidiary. Gesolgon v. CyberOne PH., Inc., G.R. No. 210741, October 14, 2020.

#HernanDoIt #Bar2023 The employer claimed that it dismissed its employee for just cause because the latter assaulted a co-employee within company premises. Did the Supreme Court agree with the employer’s claim? G & S Transport Corp. v. Medina, G.R. No. 243768, September 5, 2022.

#HernanDoIt #Bar2023 The National Labor Relations Commission modified the computation of backwages and separation pay to an illegally dismissed employee, in view of her rejection of an alleged offer of reinstatement by the employer. Was this modification sustained by the Supreme Court? Angono Medics Hospital, Inc. v. Agabin, G.R. No. 202542, December 9, 2020.

#HernanDoIt #Bar2023 In asserting that they were illegally dismissed from employment, the employees in this case stated that they were verbally informed of their dismissal from employment and prohibited from further rendering service. Did the Supreme Court rule in their favor? Santos, Jr. v. King Chef, G.R. No. 211073, November 25, 2020.

#HernanDoIt #Bar2023 In one case, the National Labor Relations Commission was unable to act on the Motion to Reduce Bond filed by the employer, but it proceeded to rule on said employer’s appeal. Was the Commission’s resolution of the substantive controversies in the appeal tantamount to an implied affirmance of the perfection of such appeal? Pacific Royal Basic Foods, Inc. v. Noche, G.R. No. 2023...

#HernanDoIt #Bar2023 The NLRC and the CA found that the requirements of procedural due process in the employee’s dismissal were not complied with. Will the quitclaim executed by the employee bar his entitlement to nominal damages?  Dela Torre v. Twinstar Professional Protective Services, Inc., G.R. No. 222992, June 23, 2021. 

In this case, find out why an illegal dismissal complaint cannot be classified like an ordinary civil action insofar as the effect of death of any of the parties is concerned.  Nedira v. NJ World Corp., G.R. No. 240005, December 6, 2022. 

#HernanDoIt #Bar2023 In one case, the LA ruled that the mandatory 3-day reporting requirement does not apply if repatriation results from the expiration of a seafarer's employment contract.  Cabatan v. Southeast Asia Shipping Corp., G.R. No. 219495, February 28, 2022. 

#HernanDoIt #Bar2023 #WeCanDoIt The complainant presented pay slips and trip itineraries to support his assertion that he was an employee of the company. Were these sufficient to declare the company as his employer? Ginta-Ason v. J.T.A. Packaging Corp., G.R. No. 244206, March 16, 2022.