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Tag: 2016-02

The Goal of Adequate and Sustained Agricultural Production

2016 February 24 Paulino Ungos III

Was the agreement between the parties in this case allowed under Presidential Decree No. 27?

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Posted in: Agrarian Law and Social Legislation Filed under: 2016-02, decision, transfer of agricultural land

Secular View of Morality

Paulino Ungos III

Will an employee’s premarital relations with her boyfriend and the resulting pregnancy out of wedlock constitute immorality that could be a just cause for dismissal?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2016-02, decision, illegal dismissal, immorality, marriage, women

A Consequence of Its Participation in Prolonging the Proceedings

2016 February 17 Paulino Ungos III

The employer argued that it should not be held liable for legal interest because the employees themselves partly caused the delay in the satisfaction of the decision. Did the Supreme Court accept this argument?

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Posted in: Labor Law Filed under: 2016-02, decision, legal interest

My Reliance on the Disputable Presumption of Work-relatedness is Sufficient

Paulino Ungos III

In a situation where the seafarer’s illness was disputably presumed to be work-related, is the seafarer no longer required to prove that his illness was caused by (or at least aggravated by) his work?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2016-02, decision, disputable presumption, ofw, work-relatedness

On Equal Footing

2016 February 10 Paulino Ungos III

The Supreme Court re-emphasized an aspect of its ruling in Brent School, Inc. v. Zamora (G.R. No. L-48494, February 5, 1990, 260 PHIL 747-765).

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Posted in: Labor Law Filed under: 2016-02, decision, fixed-term employment, regular employment

But One of the Three Witnesses Recanted his Testimony

Paulino Ungos III

One of the three witnesses recanted his testimony against the accused. Should the accused be liable only for simple illegal recruitment?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2016-02, decision, illegal recruitment

Seafarer’s Work-related Death During Employment

Paulino Ungos III

With regard to the heirs’ recovery of death benefits, should the death of the seafarer be shown to have happened during the term of his employment?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2016-02, death, decision, ofw, seafarer

But the Employee Had No Wrongful Intent

Paulino Ungos III

Was the award of separation pay to the employee (who was dismissed for just cause) proper?

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Posted in: Labor Law Filed under: 2016-02, decision, equity, financial assistance, just causes, separation pay, social justice

Contractor’s Supervision Over Its Employees Found to Be Dependent Upon Principal’s Needs

2016 February 03 Paulino Ungos III

Note this example of the principal’s control over the work performance of contractor’s employees.

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Posted in: Labor Law Filed under: 2016-02, decision, labor-only contracting

No Objection to Company-designated Physician’s Assessment

2016 February 01 Paulino Ungos III

Entitlement to disability benefits by seamen on overseas work is a matter governed, not only by medical findings but, by law and by contract.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2016-02, collective bargaining agreement, decision, ofw, permanent total disability, seafarer, standard employment contract

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