This case has been cited 3 times or more.
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2007-06-26 |
CHICO-NAZARIO, J. |
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| Misconduct has been defined as improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful character, and implies wrongful intent and not mere error of judgment. The misconduct to be serious must be of such grave and aggravated character and not merely trivial and unimportant. Such misconduct, however serious, must nevertheless be in connection with the employee's work to constitute just cause for his separation.[20] Thus, for misconduct or improper behavior to be a just cause for dismissal, (a) it must be serious; (b) must relate to the performance of the employee's duties; and (c) must show that the employee has become unfit to continue working for the employer.[21] Indeed, an employer may not be compelled to continue to employ such person whose continuance in the service would be patently inimical to his employer's business.[22] | |||||
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2007-02-16 |
CORONA, J. |
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| In the case of Abellana, Sr. v. Court of Appeals,[13] the Court held that "the road lots in a private subdivision are private property, hence, the local government should first acquire them by donation, purchase, or expropriation, if they are to be utilized as a public road."[14] Otherwise, they remain to be private properties of the owner-developer. | |||||
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2005-12-13 |
YNARES-SANTIAGO, J. |
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| As a measure of self-preservation against acts inimical to its interests, an employer has the right to dismiss an employee found committing acts of dishonesty and disloyalty. The employer may not be compelled to continue to employ such a person whose continuance in the service would patently be inimical to his employer's interest.[21] The law, in protecting the rights of workers, authorizes neither oppression nor self-destruction of the employer.[22] Thus, in Philippine Long Distance Telephone Company v. National Labor Relations Commission,[23] a junior telephone installer was dismissed from service for just cause when he willfully committed a serious act of misconduct by demanding money for the repair of a telephone that was officially part of his job. | |||||