Paulino Ungos III's Podcast

In this case, the Supreme Court held that when the status of the employment is in dispute, the employer bears the burden to prove that the workers are independent contractors rather than regular employees.  Ditiangkin, et al. v. Lazada, et al., G.R. No. 246892, September 21, 2022.

#HernanDoIt #Bar2023 In its appeal, the employer asserted that it was neither given summons relating to the employee’s amended complaint, nor notified of the scheduled hearings before the Office of the Labor Arbiter. Should it be allowed to present countervailing evidence on appeal?  Reyes v. Rural Bank of San Rafael (Bulacan), Inc., G.R. No. 230597, March 23, 2022. 

#HernanDoIt #Bar2023 #WeCanDoIt The employer asserted that its business was slowing down and that it dismissed the complainant on the ground of redundancy. Was the complainant’s dismissal found valid? Teletech Customer Care Management Philippines, Inc. v. Gerona, Jr., G.R. No. 219166, November 10, 2021.

#HernanDoIt #Bar2023 #WeCanDoIt Bus drivers and conductors filed a complaint against their employer for money claims before the Office of the Labor Arbiter and alleged that the latter failed to comply with Department Order No. 118, Series of 2012. Does the Office of the Labor Arbiter have jurisdiction over the case?  Del Monte Land Transport Bus, Co. v. Armenta, G.R. No. 240144, February 3, 2...

The accused pointed out that the POEA certification (which the trial court relied on in convicting him of the crime of illegal recruitment in large scale) was not authenticated in court by its signatory. Was this sufficient to overturn his conviction for the crime?  People v. Bautista, G.R. No. 218582, September 3, 2020.  #GetThatBar2022 #Bar2022 

The redundancy program was found to be valid and the employer was not found to have committed unfair labor practice. Learn why the employer was still held liable for separation pay and backwages for the dismissed employees. San Fernando Coca-Cola Rank-and-File Union v. Coca-Cola Bottlers Philippines, Inc., G.R. No. 200499, October 4, 2017. #GetThatBar2022 #Bar2022

#HernanDoIt #Bar2023 #WeCanDoIt The instructor in this case claimed to have completed her probationary period. Learn why the Court did not consider her as a permanent employee.  Palgan v. Holy Name University, G.R. No. 219916, February 10, 2021.

#HernanDoIt #Bar2023 #WeCanDoIt Why was the dismissal of this employee declared to be illegal despite proof of her violation of company policy?  Lamadrid v. Cathay Pacific Airways Limited, G.R. No. 200658, June 23, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt The employer in this case concluded that the employee, who went on an unapproved leave of absence, had already abandoned his employment. Was the employer correct?  Gososo v. Leyte Lumber Yard and Hardware, Inc., G.R. No. 205257, January 13, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt Upon being informed that they will be dismissed from employment, the employees tendered their resignation. Will an assertion of involuntariness in their resignation have merit?  Bance v. University of St. Anthony, G.R. No. 202724, February 3, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt Why was constructive dismissal not declared by the Supreme Court in this case?  Dela Torre v. Twinstar Professional Protective Services, Inc., G.R. No. 222992, June 23, 2021. 

Illegal Dismissal was not among the causes of action at issue in the employee's complaint filed before the NLRC. Will the labor tribunals be precluded from resolving such issue?  Burnea v. Security Trading Corp., G.R. No. 231038, April 26, 2021.

Can the employer in this case refuse to implement its Local Policy which provides for minimum salary rates to regularized employees?  Del Monte Fresh Produce (Philippines), Inc. v. Del Monte Fresh Supervisors Union, G.R. No. 225115, January 27, 2020. 

With regard to the visitorial and enforcement power under Article 128 of the Labor Code of the Philippines, does the Department of Labor and Employment have authority to accept an appeal under a reduced bond?  Blazing Star Security and Investigation Agency, Inc. v. Miraflor, G.R. No. 196022, January 22, 2020.

In justifying its decision to dismiss the employee, the employer claimed that the employee posed a clear and existing danger to the safety of the crew or vessel. Was this claim proven?  Evic Human Resource Management, Inc. v. Panahon, G.R. No. 206890, July 31, 2017.  #GetThatBar2022 #Bar2022

#HernanDoIt #Bar2023 #WeCanDoIt Does the control test call for the actual exercise of the right to control the manner by which a person does his work?  Parayday v. Shogun Shipping Co., Inc., G.R. No. 204555, July 6, 2020. 

#HernanDoIt #Bar2023 #WeCanDoIt Can an employer’s service contract with another company prove an employee’s project employment status?  Jovero v. Cerio, G.R. No. 202466, June 23, 2021. 

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Learn whether the car plan provided by the employer had ripened into company practice.  Home Credit Mutual Building and Loan Association v. Prudente, G.R. No. 200010, August 27, 2020. 

Learn why the Supreme Court still awarded permanent total disability benefits despite the employer's claim that the seafarer was informed of his disability rating.  Abella v. Abosta Shipmanagement Corp., G.R. No. 249358, April 28, 2021.  #GetThatBar2022 #Bar2022 

Find out why the SC ruled the dismissal of the employer’s appeal to be erroneous despite the showing of a failure to post an appeal bond.  Karj Global Marketing Network, Inc. v. Mara, G.R. No. 190654, July 28, 2020.  #GetThatBar2022 #Bar2022 

The third doctor in this case declared the claimant’s unfitness to work as a seafarer. Should the claimant be granted total permanent disability benefits?  Pacific Ocean Manning, Inc. v. Castillo, G.R. No. 230527, June 14, 2021.  #GetThatBar2022 #Bar2022

Find out how this employee successfully claimed retirement benefits despite the employer’s lack of a written retirement plan.  Beltran v. AMA Computer College-Biñan, G.R. No. 223795, April 3, 2019.  #GetThatBar2022 #Bar2022

The employee was not found to have committed insubordination and gross and habitual neglect of duty. Find out why her dismissal was still ruled to be with valid cause. Villanueva v. Ganco Resort and Recreation, Inc., G.R. No. 227175, January 8, 2020. #GetThatBar2022 #Bar2022

In supporting its assertion of legitimate contracting, the principal alleged that the complainant only performed non-core functions of its business. Was this assertion upheld by the Supreme Court?  Daguinod v. Southgate Foods, Inc., G.R. No. 227795, February 20, 2019.  #GetThatBar2022 #Bar2022

The employee in this case contended that his dismissal was illegal for being based on a vague company rule. Did the Supreme Court agree?  De Leon v. Philippine Transmarine Carriers, Inc., G.R. No. 232194, June 19, 2019.  #GetThatBar2022 #Bar2022