This case has been cited 3 times or more.
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2015-08-19 |
BRION, J. |
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| For resolution is the present petition for review on certiorari[1] which seeks the reversal of the January 31, 2012 Decision[2] and June 15, 2012 Resolution[3] of the Court of Appeals in CA-G.R. SP No. 109224. | |||||
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2011-01-25 |
BRION, J. |
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| In the letter, Tongko was also informed that his area of responsibility was going to be reduced. In Megascope General Services v. National Labor Relations Commission,[34] between February 15, 1977 and January 1, 1989, petitioner contracted the services of several individuals as gardeners, helpers and maintenance workers. These workers were deployed at the National Power Corporation in Bagac, Bataan. Except for Gener J. del Rosario whose employment ended on April 30, 1989, the work of the other workers ceased on January 31, 1991. Consequently, private respondents filed a complaint for illegal dismissal, underpayment of salaries, nonpayment of five-day service incentive leave credits and holiday pay against petitioner with the NLRC. The Court ruled therein that the company exercised control over the workers that would establish an employer-employee relationship when it reassigned the workers from one workplace to another: Private respondents were selected and hired by petitioner which assigned them to the NPC housing village in Bagac and in Km. 168, Morong, Bataan. They drew their salaries from petitioner which eventually dismissed them. Petitioner's control over private respondents was manifest in its power to assign and pull them out of clients at its own discretion. Power of control refers merely to the existence of the power and not to the actual exercise thereof. It is not essential for the employer to actually supervise the performance of duties of the employee. It is enough that the former has the right to wield the power. | |||||
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2008-09-22 |
REYES, R.T., J. |
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| The general rule is that the findings of facts of administrative bodies are conclusive and not subject to review by the Court. In proceedings before administrative and quasi-judicial bodies, substantial evidence is sufficient to establish a fact in issue. Said quantum of evidence is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[35] | |||||