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June 1, 2022

Supreme Court Decisions


What are the factors that must be considered by the employers in dismissing their employees?


 

In selecting the employees to be dismissed, the employer is required to adopt fair and reasonable criteria, taking into consideration factors like:

  • preferred status;
  • efficiency; and
  • seniority, among others.

 

Property Holdings Inc., vs. Philippine Bank of Communications, G.R. No. 202836, June 19, 2018, [866 SCRA 438]

 

 

 

 

 

 


Can a lessor be entitled to rentals after the termination of the lease contract?


 

Entitlement to rentals after the termination of the lease pursuant to an automatic rescission or termination clause is possible in the case where the lessor invokes the clause and the lessee refuses to vacate the leased premises. The lessee will be liable for damages equivalent to the rentals for the duration of its possession from the termination of the lease until he vacates the premises.

 

D. M Ragasa Enterprises vs. Banco De Oro, Inc. (formerly Equitable PCI Bank, Inc.), G.R. No. 190512, June 20, 2018, [867 SCRA 71]

 

 

 

 

 

 

 


Can you hold a stranger liable for the breach of contract?


 

Under the principle of relativity of contracts, only those who are parties to a contract are liable to its breach.

 

 

 

Excellent Essentials International Corporation vs. Extra Excel International Philippines, G.R. No. 192797, April 18, 2018, [861 SCRA 471]

 

 

 

 

 

 


Can the will and word of the employer determine whether a certain employment is regular?


 

What determines whether a certain employment is regular is the nature of the activities performed in relation to the particular business or trades considering all circumstances, and in some cases the length of time of its performance and its continued existence.

 

Geraldo vs. The Bill Sender Corporation, G.R. No. 222219, October 03, 2018, [882 SCRA 125]

 

 

 

 

 

2 thoughts on “Supreme Court Decisions

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