Labor Law

San Miguel Corporation Supervisors and Exempt Union v. Laguesma G.R. No. 110399 August 15, 1997 Appropriate Bargaining Unit, Confidential Employees, Mutuality of Interests Doctrine

FACTS: Petitioner union filed before the DOLE a for Certification Election among the supervisors and exempt employees of the SMC Magnolia Poultry Products Plants of Cabuyao, San Fernando and Otis. On December 19, 1990, Med-Arbiter Danilo L. Reynante issued an Order to conduct a certification election among the supervisors and exempt employees of the SMC… Read More San Miguel Corporation Supervisors and Exempt Union v. Laguesma G.R. No. 110399 August 15, 1997 Appropriate Bargaining Unit, Confidential Employees, Mutuality of Interests Doctrine

Labor Law

“Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

Labor Law

SAMEER OVERSEAS PLACEMENT AGENCY INC. v. CABILES, G.R. No. 170139, August 5, 2014 J. Leonen Illegal Dismissal of Migrant Worker, R.A. No. 8042, R.A. No. 10022

FACTS: Petitioner is a recruitment and placement agency. Respondent Joy Cabiles signed a one-year employment contract  as quality control of Taiwan Wacoal for one year for a monthly salary of NT$15,360.00. WhenJoy was deployed in Taiwan, she was asked to work as a cutter.          Sameer claims that a certain Mr. Huwang from Wacoal informed Joy,… Read More SAMEER OVERSEAS PLACEMENT AGENCY INC. v. CABILES, G.R. No. 170139, August 5, 2014 J. Leonen Illegal Dismissal of Migrant Worker, R.A. No. 8042, R.A. No. 10022

Labor Law

People v. Teresita “Tessie” Laogo G.R. No. 176264 January 10, 2011 Illegal Recruitment

FACTS: An Information was filed against appellant Teresita “Tessie” Laogo and a certain Susan Navarro, charging them of the crime of Illegal Recruitment (Large Scale). Navarro met the complainants in a town fiesta, and invited them into her house where she introduced them to appellant. Navarro told the complainants that she would be able to… Read More People v. Teresita “Tessie” Laogo G.R. No. 176264 January 10, 2011 Illegal Recruitment

Labor Law

Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

Independent contract relationship –– Jurisprudence instructs that the existence of an independent contract relationship may be indicated by several factors, viz.: such as, but not necessarily confined to, whether the contractor was carrying on an independent business; the nature and extent of the work; the skill required; the term and duration of the relationship; the… Read More Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

Labor Law

SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations

FACTS: Bernabe Baya filed a complaint for illegal/constructive dismissal against AMSFC and DFC before the NLRC.  Baya alleged that he had been employed by AMSFC since February 5, 1985, and from then on, worked his way to a supervisory rank on September 1, 1997. As a supervisor, Baya joined the union of supervisors, and eventually,… Read More SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations

Labor Law

Santiago v. CF SHARP CREW MANAGEMENT, INC. G.R. No. 162419 July 10, 2007 Jurisdiction of the Labor Arbiter, Breach of Employment Contract, Employment Contract of Seafarers, POEA Standard Contract

FACTS: Petitioner Paul Santiago had been working as a seafarer for Smith Bell Management, Inc. (respondent) for about five (5) years.  On 3 February 1998, petitioner signed a new contract of employment with respondent, with the duration of nine (9) months. He was assured of a monthly salary of US$515.00, overtime pay and other benefits. … Read More Santiago v. CF SHARP CREW MANAGEMENT, INC. G.R. No. 162419 July 10, 2007 Jurisdiction of the Labor Arbiter, Breach of Employment Contract, Employment Contract of Seafarers, POEA Standard Contract

Labor Law

People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa

FACTS: The RTC convicted the appellant of the crimes of illegal recruitment in large scale and five (5) counts of estafa committed against complainants Airene Etac, Jowel A. Baja, Joemar Aquino, Luis M. Bernardo and Anthony M. Canlas. He exacted money from them for the plane ticket, hotel accommodation, processing of visa and placement fees. … Read More People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa

Labor Law

LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

FACTS: In its petition in the lower court, the Philippine Musicians Guild (the Guild), a duly registered legitimate labor organization, alleged that LVN Pictures, Inc., Sampaguita Pictures, Inc., and Premiere Productions, Inc. are corporations engaged in the making of motion pictures and in the processing and distribution thereof. The Guild likewise alleged that said companies… Read More LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

Civil Law, Labor Law

MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

FACTS: Magsaysay, the local manning agent of Princess Cruise Lines, Limited, hired Bernardine De Jesus as an Accommodation Supervisor for the cruise ship Regal Princess for a period of 10 months. Soon after his employment contract was terminated on on January 16, 2007, he was diagnosed with Aortic Aneurysm and he had a coronary angiography… Read More MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]