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.

Posted on July 15, 2024July 15, 2024 by rizzlemay

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.

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Basis of Just Compensation in Expropriation Cases

Posted on July 15, 2024July 15, 2024 by rizzlemay

Private property shall not be taken for public use without just compensation. (Section 9, Article III, 1987 Constitution)

Just compensation is the full and fair equivalent of the property taken from its owner by the expropriator.

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Cultural Communities Week (Proclamation No. 250, series of 1988)

Posted on July 14, 2024July 13, 2024 by rizzlemay

The Second Week of July of every year is declared as the Cultural Communities Week, pursuant to Proclamation No. 250, series of 1988.

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Legality of Floating Status under Labor Laws

Posted on July 13, 2024July 13, 2024 by rizzlemay

The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty. (Article 301, Labor Code)

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Balance between an Employee’s Right to Security of Tenure and an Employer’s Management Prerogative

Posted on July 11, 2024July 11, 2024 by rizzlemay

It is imperative to strike a balance between the employees’ tenurial security on the one hand, and the employer’s management prerogative, on the other. (Automatic Appliances, Inc., et al. v. Francia Deguidoy, G.R. No. 228088, December 04, 2019)

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The Supreme Court decides: An employer-employee relationship exists where the person for whom the services are performed reserves the right to control not only the end achieved, but also the manner and means to be used in reaching that end.

Posted on July 11, 2024July 11, 2024 by rizzlemay

The petitioner did not establish with substantial evidence her employment with M.I.Y. The Supreme Court ruled that the existence of an employer-employee relationship is determined by employing a two-tiered test: the four-fold test and the economic dependence test. The petitioner failed to establish the four-factors in the four-fold test. Subsequently, the Court Court only applies the economic dependence test when the control test is insufficient.

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Can an unborn child receive a donation?

Posted on July 10, 2024July 10, 2024 by rizzlemay

“Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born.” (Article 742, Civil Code of the Philippines)

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Is acceptance of a promotion mandatory?

Posted on July 9, 2024July 6, 2024 by rizzlemay

An employee is not bound to accept a promotion, which is in the nature of a gift or reward. Refusal to be promoted is a valid exercise of a right. Such exercise cannot be considered an insubordination or willful disobedience of a lawful order of the employer, hence, it cannot be the basis of an employee’s dismissal from service. (Echo 2000 Commercial Corporation v. Obrero Pilipino Echo 2000 Chapter-CLO, Id.)

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Elements of Tenancy Relationship

Posted on July 8, 2024July 6, 2024 by rizzlemay

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)

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Are all employees entitled to separation pay when leaving the company?

Posted on July 6, 2024July 5, 2024 by rizzlemay

Separation pay shall be paid by the employer to an employee terminated due to installation of labor-saving devices, redundancy, retrenchment, closure or cessation of operations not due to serious business losses or financial reverses, and disease.

An employee whose employment is terminated by reason of just causes is not entitled to separation pay except as expressly provided for in the company policy or Collective Bargaining Agreement (CBA).

(Section 5.5, Rule I-A, OLE Department Order No. 147, series of 2015)

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