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Who is not entitled to separation pay?

We hold that henceforth separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character. Where the reason for the valid dismissal is, for example, habitual intoxication or an offense involving moral turpitude, like theft or illicit sexual relations with a fellow worker, the employer may not be required to give the dismissed employee separation pay, or financial assistance, or whatever other name it is called, on the ground of social justice (Philippine Long Distance Telephone Co. v. NLRC, G.R. No. 80609 August 23, 1988)

The Supreme Court decides: The law presumes that a person takes ordinary care of their concerns and that private transactions have been fair and regular. Hence, negligence cannot be presumed but must be proven.

Settled is the rule that in actions based on quasi-delict, it is incumbent upon the plaintiff to prove the presence of the foregoing elements by preponderance of evidence. They cannot rely on mere allegations but must present such evidence more convincing as worthy of belief than that which is offered in opposition thereto.
In this case, however, while the death certificate shows the damage or injury sustained by Adelaida, specifically, cerebral hemorrhage and severe hypertension, the totality of the evidence failed to establish the second and third elements of a quasi-delict.

Elements of Tenancy Relationship

What is an agricultural tenancy?

Republic Act No. 1199 or the Agricultural Tenancy Act of the Philippines defines agricultural tenancy as the physical possession by a person of land devoted to agriculture belonging to, or legally possessed by, another for the purpose of production through the labor of the former and of the members of his immediate farm household, in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or in both. (Section 3, R.A. No. 1199)

DURATION WHEN THE COMMON CARRIER MUST OBSERVE EXTRAORDINARY DILIGENCE

The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of Article 1738. (Article 1736, New Civil Code of the Philippines)

Termination of Employment due to Tardiness

Gross and habitual neglect by the employee of his duties is a just cause for termination of employment. (Article 297, Labor Code)

Habitual tardiness is a serious offense that may very well constitute gross or habitual neglect of duty. (Systems and Plan Integrator and Development Corporation, v. Michelle Elvi C. Ballesteros, G.R. No. 217119, April 25, 2022)

What are contracts of fixed-term employment?

A fixed-term employment has been recognized as a type of employment embodied in a contract specifying that the services of the employee shall be engaged only for a definite period, the termination of which occurs upon the expiration of said period irrespective of the existence of just cause and regardless of the activity the employee is called upon to perform. (Allan Regala vs. Manila Hotel Corporation, G.R. No. 204684, October 5, 2020)