Professional Documents
Culture Documents
FOREST HILLS
SECOND DIVISION
LILIA P. LABADAN
Petitioner,
- versus -
TINGA,
FOREST HILLS
ACADEMY/NAOMI CABALUNA
and PRESIDING COMISSIONER
SALIC B. DUMARPA,
COMMISSIONER PROCULO T.
SARMEN, COMMISSIONER
NOVITO C. CAGAYAN,
VELASCO,
In JR.,
herand
Position Paper,[2] petitioner
BRION, alleged that she was allowed to go on
leave from Forest Hills, and albeit she
had exceeded her approved leave
period, its extension was impliedly
approved by the school principal
Promulgated:
because she received no warning or
reprimand and was in fact retained in
December 23, 2008
the payroll up to 2002.[3]
Respondents.
x------------------------------------------x
DECISION
1.
Finding respondents Forest
Hills Academy and/or Naomi Cabaluna
guilty of illegally dismissing the
complainant;
2.
Directing respondent to pay
complainant Lilia P. Labadan the total
amount of P152,501.02 representing
her monetary award x x x.
SO ORDERED.[6]
With regard to the charge for illegal
deduction, Forest Hills claimed that
the Seventh Day Adventist Church req
uires its members to pay tithes
equivalent to 10% of their salaries,
and petitioner was hired on account of
her being a member thereof, and
petitioner never questioned the
deduction of the tithe from her salary.
With regard to the charge for nonpayment of overtime pay, holiday pay,
and allowances, Forest Hills noted that
petitioner proffered no evidence to
support the same.
C.
THAT THE
DECISION/RESOLUTION RENDERED
BY THE HONORABLE
COMMISSIONERS OF THE
5TH DIVISION WAS TAINTED WITH
GRAVE ABUSE OF DISCRETION AS
IT WAS INCOMPLETE AND
UNLAWFUL[.][12] (Italics and
emphasis in the original)
A.
IN REVERSING THE
FINDINGS OF THE EXECUTIVE
LABOR ARBITER THAT HEREIN
PETITIONER-COMPLAINANT WAS
NOT DISMISSED FROM HER WORK
AS A TEACHER and AT THE SAME
TIME THE REGISTRAR;
B.
IN FINDING THAT BY A
PROLONGED ABSENCE OF ONE
YEAR MORE OR LESS, PETITIONER
WAIVED HER 13TH MONTH PAY AND
SERVICE INCENTIVE LEAVES AS
SHE FAILED TO STATE SUCH
CLAIMS IN HER AFFIDAVIT THAT
WAS ATTACHED [TO] HER
POSITION PAPER, and;
(a)
Every worker shall be
paid his regular daily wage during
regular holidays, except in retail and
service establishments regularly
employing less than ten (10) workers;
(b)
The employer may require
an employee to work on any holiday
but such employee shall be paid a
compensation equivalent to twice his
regular rate[.]
(a)
Every employee
who has rendered at least one year of
service shall be entitled to a yearly
service incentive leave of five days
with pay.
(b)
This provision shall
not apply to those who are already
enjoying the benefit herein provided,
those enjoying vacation leave with pay
of at least five days and those
employed in establishments regularly
employing less than ten employees or
in establishment exempted from
granting this benefit by the Secretary
of Labor after considering the viability
or financial condition of such
establishment.
x x x x,
(a)
In cases where the worker
is insured with his consent by the
employer, and the deduction is to
recompense the employer for the
amount paid by him as premium on
the insurance;
(b)
For union dues, in cases
where the right of the worker or his
union to check-off has been
recognized by the employer or
authorized in writing by the individual
worker concerned; and
(c)
In cases where the
employer is authorized by law or
regulations issued by the Secretary of
Labor,
(a)
When the deductions are
authorized by law, including
deductions for the insurance
premiums advanced by the employer
(b)
When the deductions are with
the written authorization of the
employees for payment to a third
person and the employer agrees to do
so, provided that the latter does not
receive any pecuniary benefit, directly
or indirectly, from the
transaction. (Emphasis and
underscoring supplied)
xxxx
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SECOND DIVISION
[G.R. No. 114734. March 31, 2000]
VIVIAN Y. IMBUIDO, petitioner, vs.
NATIONAL LABOR RELATIONS
COMMISSION, INTERNATIONAL
INFORMATION SERVICES, INC. and
GABRIEL LIBRANDO, respondents.
DECISION
BUENA, J.:
This special civil action
for certiorari seeks to set aside the
Decision[1] of the National Labor
Relations Commission (NLRC)
promulgated on September 27, 1993
and its Order dated January 11, 1994,
which denied petitioners motion for
reconsideration. Scslx
Petitioner was employed as a data
encoder by private respondent
International Information Services,
Inc., a domestic corporation engaged
in the business of data encoding and
keypunching, from August 26, 1988
until October 18, 1991 when her
services were terminated. From August
26, 1988 until October 18, 1991,
petitioner entered into thirteen (13)
separate employment contracts with
private respondent, each contract
lasting only for a period of three (3)
months. Aside from the basic hourly
rate, specific job contract number and
period of employment, each contract
contains the following terms and
conditions: Slxsc
"a. This Contract is for a specific
project/job contract only and shall be
effective for the period covered as
above-mentioned unless sooner
Petitioners,
_______________________________________
_______________________________________
_______________________________________
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G.R. No. 16
Present:
CARPIO, J.
Chairperson
-versus-
PEREZ,
SERENO,
REYES, and
PERLAS-BER
Promulgated
Respondent.
January 25, 2
1. SECOND
DIVISION
x----------------------------------------------------------------------------------------x
2. D E C I S I O N
PEREZ, J.:
The Antecedents
29 NOV. 1999
SIR:
I UNDERSTAND MY TARDINESS
WHATEVER REASON I HAVE AFFECTS
SOMEHOW THE DELIVERY SCHEDULE
OF THE COMPANY, THUS DISCIPLINARY
ACTION WERE IMPOSED TO ME BY THE
MANAGEMENT. AND ON THIS END,
ACCEPT MY APOLOGIES AND REST
ASSURED THAT I WILL COME ON TIME
(ON OR BEFORE 8:30 AM) AND
WILLINGNESS TO EXTEND MY SERVICE
AS A COMPANY DRIVER. WHATEVER
HELP NEEDED. (sic)
RESPECTFULLY YOURS,
(SGD.) DIOSDADO BITARA, JR.9
1. Reinstatement or if no longer
feasible, Separation Pay to be
computed from the
commencement of his
employment in August 1988 up
to the time of his termination on
April 1, 2000, including his
imputed service from April 1,
2000 until the finality of this
decision, based on the salary
rate prevailing at the said
finality;
2. Backwages, inclusive of
allowances and other benefits,
computed from April 1, 2000 up
to the finality of this decision,
without qualification or
deduction; and
Our Ruling
We hold otherwise.
xxx
We rule otherwise.
II
FIRST DIVISION
As to the payment of holiday pay, we
are convinced that respondent had
already received the same based on
the cash vouchers on record.
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SECOND DIVISION
PUNO, J.,
Chairman,
- versus - AUSTRIA-MARTINEZ,
CALLEJO, SR.,
TINGA, and
COURT OF APPEALS, NATIONAL CHICONAZARIO, JJ.
LABOR RELATIONS COMMISSION,
NOEL GONZALES, RAMON ABESA
III and FAUSTINO ANINIPOT,
Respondents. Promulgated:
July 8, 2005
x------------------------------------------------------------------x
DECISION
Tinga, J.:
THIRD DIVISION
Present:
- versus -
PNCC SKYWAY
CORPORATION,
Respondent.
MENDOZA, JJ.
Promulgated:
x--------------------------------x
DECISION
PERALTA, J.:
The 17 days (15 days SVL plus 2-dayoff) scheduled vacation leave (SVL)
with pay for the year 2004 had been
published for everyone to take
a vacation with pay which will be our
opportunity to enjoy quality time with
our families and perform our other
activities requiring our personal
attention and supervision. Swapping of
SVL schedule is allowed on a one-onone basis by submitting a written
request at least 30 days before the
actual schedule of SVL duly signed by
the concerned parties. However, the
undersigned may consider the rescheduling of the SVL upon the written
request of concerned TMSD personnel
at least 30 days before the scheduled
SVL. Re-scheduling will be evaluated
taking into consideration the TMSDs
operational requirement.
x x x.
SO ORDERED.[6]
I
b) To pay the expenses for the inservice-training of the company
security guards, as a requirement for
renewal of licenses, shall not be their
personal account but that of the
company.
II
THE HONORABLE PUBLIC
RESPONDENT ERRED IN OVERSEEING
THE CONVERSION ASPECT OF THE
UNUSED LEAVE.
The 17 days (15 days SVL plus 2-DayOff) scheduled vacation leave (SVL)
with pay for the year 2004 had been
published for everyone to take a
vacation with pay which will be our
opportunity to enjoy quality time
with our families and perform our
other activities requiring our
personal attention and
supervision.(Emphasis ours.)
private security personnel shall be retrained at least once very two years.