Atty. Elvin

In filing a petition for certiorari with the Court of Appeals, the verification and certification against forum shopping is a mandatory requirement. In one case, the employer asserts that the complainant did not submit a duly executed Verification and Certification of Non-Forum Shopping when he filed his Petition for Certiorari before the CA. It alleged […]

Posting of a cash bond or surety bond is one of the requisites to perfect an appeal from the decision of the Labor Arbiter in a labor case. In the case of Nuda vs. LGTM Corporation, Inc., [G.R. No. 245835] the Supreme Court (SC) held that there is no dispute that respondents therein filed an […]

To justify fully the dismissal of an employee, the employer must, as a rule, prove that the dismissal was for a just cause and that the employee was afforded due process prior to dismissal. As a complementary principle, the employer has the onus of proving with clear, accurate, consistent, and convincing evidence the validity of […]

Transfer of employment is one of the management prerogatives of the employer. However, this must be validly done to avoid falling under constructive dismissal. The Supreme Court (SC) has held that there are various laws imposing all kinds of burdens and obligations upon the employer in relation to his employees, and yet as a rule […]

Both regular and project employments find basis in Article 295 (previously Article 280) of the Labor Code, which provides: ARTICLE 295. [280] Regular and Casual Employment. -The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee […]

In Central Azucarera De Bais, Inc. vs. Siason [765 Phil 399 (2015)], the Supreme Court (SC) defines resignation as the formal pronouncement or relinquishment of a position or office. It is  the voluntary act of an employee who is in a  situation where he believes that personal reasons cannot be sacrificed in favor of the […]

The law and jurisprudence guarantee to every employee security of tenure. This textual and the ensuing jurisprudential commitment to the cause and welfare of the working class proceed from the social justice principles of the Constitution that the Court zealously implements out of its concern for those with less in life. However, this constitutional commitment […]

An employee who alleges to have been dismissed from service has the burden of proof. The rule is that before resolving the legality or illegality of dismissal, the fact of dismissal must first be established. It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for […]

In an illegal dismissal case, the onus probandi rests on the employer to prove that the employee’s dismissal was for a valid cause. A valid dismissal requires compliance with both substantive and procedural due process – that is, the dismissal must be for any of the just or authorized causes enumerated in Article 297 and […]

A particular department under the SMC group of companies was closed allegedly due to serious business reverses. The Supreme Court (SC) concluded that this constitutes retrenchment by, and not closure of, the enterprise or the company itself as SMC has not totally ceased operations but is still very much an on-going and highly viable business […]