Republic Act No. 10151, “An Act Allowing the Employment of Night Workers”, was passed on June 21, 2011. The law repeals Article 130, which prohibits employment of women for night work, and Article 131 of the Labor Code. Before its repeal, Article 130 of the Labor Code prohibits the employment of women in industrial undertaking […]

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New Lawyers… Congrats!!

2010 Bar Exam Results

1. ABAD, Charmee R .

2. ABADA, Merlin I .

3. ABARIENTOS, Ma. Theresa M .

4. ABBAS, JR., Yusoph M .

5. ABELLA, Charmian Maria F .

6. ABELLA, Sheena Marie R .

7. ABIERA-MONTESA, Rosalyn B .

8. ABING, Ramil P .

9. ABONG, Mark Julio U .

10. ABRAGAN, Martin Luke G .

11. ABRAHAM, Sarah Joan M .

12. ABUBACAR, Rayhanah M .

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The principle of non-diminution of benefits states that: “any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.”

This principle is founded on the Constitutional mandate to “protect the rights of workers and promote their welfare,” and “to afford labor full protection.” Said mandate in turn is the basis of Article 4 of the Labor Code which states that “all doubts in the implementation and interpretation of this Code, including its implementing rules and regulations shall be rendered in favor of labor.”

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  • Employee found guilty of habitual absenteeism and tardiness not entitled to economic assistance
  • “No work no pay” scheme is not significant in determining employer-employee relationship
  • Requirement for appeals involving monetary award
  • Admissibility of evidence submitted for the first time on appeal
  • Permanent disability and Total disability; Meaning
  • Dismissal based on grounds not alleged in the notice of termination not necessarily illegal
  • Dismissal of corporate officer falls under the jurisdiction of regular courts not NLRC
  • Labor-only contracting; Pure supply of manpower to assist in sales and distribution of products is prohibited as labor-only contracting
  • Suspension of labor-claims during corporate rehabilitation
  • Drug-Free Workplace Policy; Importance of confirmatory test after drug test
  • POEA Standard Employment Contract; Permanent disability defined
  • POEA Standard Employment Contract; Compensation and benefits for injury or illness; Effect of failure of seafarer to submit himself for medical examination within 3 days from repatriation
  • Executory character of assumption and certification order
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  • Drug use in employer’s premises constitutes serious misconduct
  • Lack of written notices entitles employee to award of nominal damages
  • Simple misconduct does not merit employee’s dismissal from service
  • Proof that employer acted maliciously or in bad faith not necessary for award of attorney’s fees
  • When transfer of employee is tantamount to constructive dismissal
  • Loss of confidence must be based on a willful breach of trust to justify dismissal
  • Willful breach of trust; Definition
  • “Doctrine of strained relations”; Requirements for application of the doctrine
  • When corporate officer may be deemed employee of the company
  • Ibid.; Jurisdiction over money claims
  • Labor claims cannot proceed pending rehabilitation of employer-corporation
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The court has ruled in the case of Mindanao Times Corporation vs. Confesor, G.R. No. 183417, February 5, 2010, that bank deposit does not comply with the appeal bond requirement under Section 6, Rule 6, of the NLRC Rules of Procedure, viz.: Section 6. Bond. In case the decision of the Labor Arbiter or the […]

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Proclamation No. 2029, by authority of the President signed by Executive Secretary Leandro R. Mendoza on March 24, 2010, declared Saturday, April 3, 2010, which falls between Good Friday and Easter Sunday, as a special (non-working) day throughout the country, citing that, “our people must be given the full and uninterrupted opportunity to ponder on […]

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