Professional Documents
Culture Documents
* employment status is defined by law, not by what the parties say so in the contract p. 8
* professors and instructors under contract to teach courses are employees, not
independent contractors p. 15
* not every dispute between an employer and employee falls within the limited
jurisdiction of labor arbiters and the NLRC p.18
* intracorporate matters belong to the jurisdiction of the SEC, (NOW THE RTC under
RA 8799) not the labor arbiter nor the NLRC p. 19
* power to hear and decide labor disputes by the labor arbiter and the NLRC is deemed
suspended when the SEC (now RTC) puts a corporation under rehabilitation p. 21
* labor arbiter has no jurisdiction over the dismissal of a corporate officer, it being an
intracorporate controversy p. 23
* although retired, employee still retains his stays for the purpose of prosecuting his
unpaid retirement and other benefits claim p. 27
* case should not be dismissed for lack of jurisdiction due to improper service of
summons; subsequent proper service of alias summons on the amended complaint is
considered substantial compliance p. 34
* jurisdiction over the subject matter is conferred by law, not by agreement of the parties
p. 37
* estoppel by laches as a defense at equity cannot prosper vis-à-vis right based on law p.
38
* the law in force at the time of the commencement of the action determines jurisdiction
p. 38
* prospective principle of law applies to judicial decisions and administrative rulings and
circulars p. 41
* jurisdiction over main case carries with it jurisdiction over collateral matters p. 42
* laches as exception to the rule that jurisdiction over the subject-matter may be raised at
any stage of the proceeding p. 43
* NLRC Rules govern the hearing and disposition of cases before the Commission and
the RABs p. 46
* denial of the opportunity to be heard, not denial of the right to be heard, constitutes
violation of due process of the law p. 47
* due process protects everybody: whether Filipino citizen or alien, whether natural or
juridical p. 50
* after being heard and resolved, a case may be reopened only on the ground of lack of
due process p. 51
* strict observance of rules is indispensable to the prevention of needless delays and for
orderly and speedy discharge of judicial business p. 51
* if a party has more than one cause of action against the other party arising out of the
same relationship, he shall include all of them in one complaint or petition p. 58
* right of legitimate labor union to file representative suit for and in behalf of its
members p. 63
* all cases over which labor arbiters have authority to hear and decide may be filed in the
RAB having jurisdiction over the workplace or complainant p. 74
* failing to confront and cross examine complainant is not part of respondent’s right to
due process p. 78
* labor arbiter enjoys wide discretion in determining whether there is a need for hearing
or clarificatory conference p. 81
* holding of trial is discretionary on the labor arbiter and cannot be demanded as a matter
of right by the parties p. 81
* failure to submit position paper on time is not a ground to strike out position paper from
records nor to dismiss complaint p. 82
* burden of proof in termination cases involving Filipino OCWs to show just and valid
cause rests upon the foreign-based employer and the employment agency p. 87
* in a suit for illegal dismissal, employee is not required to prove his innocence of the
charges leveled against him p. 88
* obligation to pay attorney’s fees arising from collective bargaining negotiations belongs
to the union and not to the employee-members p. 94
* failure to state in the complaint the claims for damages and attorney’s fees does not bar
recovery thereof if the same are alleged in the position paper p. 94
* in the scale of social justice, in case of doubt in the conflicting interests between labor
and capital, the same shall be resolved in favor of the underprivileged worker p. 98
* labor dispute decisions should help heal fractured relationship between labor and
management p. 99
* labor arbiter has the authority to issue writ of execution on the reinstatement aspect of
the decision p. 100
* labor arbiter’s decision, order or award must be appealed to the NLRC, not SC p. 106
* appeal from a decision of the NLRC to the Secretary of Labor abolished by P.D. No.
1391 p. 106
* NLRC Commission has exclusive appellate jurisdiction over all cases decided by the
labor arbiter p. 108
* cases appealed to the appropriate division of the NLRC are vested in the division, not in
the individual Commissioners p. 108
* manner and period prescribed by law to perfect an appeal are both mandatory and
jurisdictional p. 110
* belated filing of appeals done only on grounds of equity to serve demands of substantial
justice p. 111
* more prudent course of action is for courts to excuse a technical lapse and afford parties
a review of the case on its merits to attain ends of justice p. 119
* evidence may be considered even if presented for the first time on appeal p. 124
* posting of appeal bond and submission of joint declaration on its genuineness are
mandatory p. 125
* failure to post appeal bond on time renders the appeal dismissible on the ground of non-
perfection p. 125
* property bond deemed substitute for cash or surety appeal bond p. 126
* changing theory on appeal is outlawed as it deprives the other party of his day in court
p. 126
* mere letter expressing dismay over the judgment of the labor arbiter is not valid appeal
p. 127
* findings of fact of labor arbiters are accorded respect and finality – if supported by
substantial evidence p. 127
* Labor Code has fixed the reglementary period to perfect an appeal p. 128
* in the interest of due process and substantial justice, an appeal was allowed even if filed
beyond the 10-day reglementary period to perfect an appeal p. 128
* with respect to certificates of time deposit issued by commercial banks in practice, the
same is accepted by the NLRC provided there is a deed of assignment/commitment from
the appellant and the bank itself that the proceeds of the bank deposit shall answer for
whatever judgment that may be finally awarded to the complainant and that the same will
not be released except upon orders of the commission, and the corresponding passbook is
surrendered to the RAB or Commission, as the case may be p. 130
* LBP bonds issued by the government to owners of lands sold under the Comprehensive
Aagrarian Reform Law are not acceptable as substitute for the required cash or surety
bonds to perfect an appeal in labor cases p. 131
* property bond may, however, be admitted as substitute for cash or surety bond to
perfect an appeal in labor cases p. 131
* cooperatives are exempt from the requirement to post an appeal bond for the perfection
of their appeal p. 132
* decision based on unsubstantiated claim cannot stand as it will offend due process p.
142
* for failure to take an appeal, the decision is rendered final and executory p. 144
* losing party can no longer assail propriety of a decision that has become final p. 146
* filing of petition for certiorari with the CA or SC shall not stay execution of final
judgment p. 151
* once decision attains finality, same is removed from the jurisdiction of the labor court
p. 152
* a judgment that has attained finality becomes the law of the case
* a final and executoty judgment is binding and conclusive upon the parties and their
privies on the grounds of res judicata, hence, immutable p. 155
* final and executory judgments can no longer be modified even if purpose is to correct
erroneous conclusions of fact or law p. 157
* ambiguity caused by omission or mistake in the dispositive portion, court may issue
clarification p. 157
* party cannot be allowed to present evidence to show final judgment is erroneous p. 159
* special civil action for certiorari shall not interrupt the course of the principal case p.
161
* prescription or laches shall not apply if it defeats justice or perpetrates fraud and
injustice p. 162
* mere pendency of petition for certiorari does not stay execution of a final and executory
NLRC decision p. 163
* petitions for certiorari under Rule 65 Rules of Court are now to be initially filed with
the CA p. 164
* NLRC decisions, orders and awards are now appealable on certiorari to the CA initially
under the doctrine of hierarchy of courts p. 164
* Revised 1997 Rules of Civil Procedure has fixed a period of 60 days to file petition for
certiorari under Rule 65 from notice of judgment, order or resolution p. 166
* failure to file motion for reconsideration to the decision of the NLRC is a fatal
procedural defect p. 167
* a lower court cannot therefore reverse a final ruling of the Highest Court of the land.
For lower courts to invalidate a final and executory decision of the SC would be rank
absurdity abhorrent to the guaranty of stability of the law p. 169
* only decisions of the SC form part of the law of the land p. 169
* special civil action for certiorari under Rule 65 is the initial step for review by the CA
of NLRC decisions p. 171
* right to seek a writ of certiorari from the courts is not a natural right nor part of due
process p. 174
* an execution sale without the valid levy and notice of sale is null and void and vests no
title in the purchaser p. 180
* judgment debtor has the option to choose which property should be levied first p. 190
* sheriff cannot enter into a compromise with judgment debtor p. 193