In determining the real nature of a contract, the express terms of the written agreement and the contemporaneous and subsequent acts of the parties are taken into consideration.
By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. (Article 1767, New Civil Code)
A contract of carriage not only establishes a business relationship but also imposes public duties on the carrier. The negligence or malfeasance of carrier employees can lead to liability for damages. However, common carriers have avenues to defend themselves against such claims.
There is substantial compliance with the first-written notice as long as the primordial purpose of the notice to explain has been complied with. (Musahamat Workers Labor Union-1-ALU vs. Musahamat Farms, Inc., G.R. No. 240184, July 6, 2022)
Suspension is a disciplinary action resorted to by an employer by which an employee is prevented from going to work. Also called “lay off”, suspension is a step taken in employee discipline, as punishment for some major offenses.
The case of RODCO Consultancy and Maritime Services Corporation v. Floserfino G. Ross and Antonia T. Ross (G.R. No. 259832, November 6, 2023) Photo from Unsplash | Medienstürmer The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still Read more about NATURE OF A LITIGATION FINANCING ARRANGEMENTS[…]
Doctrine of the case:
Labor contracting is not illegal per se. The fact that PLDT had contracted out specific jobs, works, or services does not automatically mean that the contractors’ employees are the direct employees of PLDT. However, PLDT workers engaged in installation, repair, and maintenance services of PLDT lines need to be regularized because they perform tasks that are necessary and desirable and directly related to the business of PLDT.
Here are the common and relevant laws every content creator should be familiar with:
1. Data Privacy Act (Republic Act No. 10173)
2. Intellectual Property Code (Republic Act No. 8293)
3. Revised Penal Code and Special Penal Laws
4. New Civil Code of the Philippines
5. National Internal Revenue Code, as amended
The exercise of a management prerogative is not limitless, but hemmed in by good faith and a due consideration of the rights of the worker. In this light, the management prerogative will be upheld for as long as it is not wielded as an implement to circumvent the laws and oppress labor. (Nathaniel Dongon vs. Rapid Movers and Forwarders, G.R. No. 163431, August 28, 2013)
The law and jurisprudence allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. (Libcap Marketing Corporation v. Baquial, G.R. No. 192011, June 30, 2014)
