This case has been cited 5 times or more.
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2012-02-08 |
MENDOZA, J. |
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| The requirement of the law in determining the existence of independent contractorship is that the contractor should undertake the work on his own account, under his own responsibility, according to his own manner and method, free from the control and direction of the employer except as to the results thereof.[21] In this case, however, the Service Contract Agreement clearly indicates that Requiño has no discretion to determine the means and manner by which the work is performed. Rather, the work should be in strict compliance with, and subject to, all requirements and standards of Garden of Memories. | |||||
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2004-03-25 |
SANDOVAL-GUTIERREZ, J. |
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| In Telefunken Semiconductors Employees Union-FFW vs. Secretary of Labor and Employment,[16] we explained "The effects of such illegal strikes, outlined in Article 265 (now Article 264) of the Labor Code, make a distinction between workers and union officers who participate therein. | |||||
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2000-12-18 |
DE LEON, JR., J. |
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| After we consolidated[17] the petitions for certiorari of the Company and the Union in G.R. Nos. 122743 and 127215, respectively, we rendered a Decision therein on December 12, 1997. The Company's petition for certiorari in G.R. No. 127215 was dismissed for lack of merit. In G.R. No. 122743, we granted the Union's petition and ordered the reinstatement of all striking workers without exception. We also directed the Secretary of Labor and Employment to determine with dispatch the legality of the strike as well as the liability of the individual strikers, if any. | |||||
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2000-12-18 |
DE LEON, JR., J. |
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| x x x, it cannot be gainsaid that technical rules of evidence prevailing in courts of law and equity have no room in administrative and/or quasi-judicial proceedings (Lawin Security Services, Inc. v. National Labor Relations Commission, 273 SCRA 132; Valderama v. National Labor Relations Commission, 256 SCRA 466; De Ysasi III v. National Labor Relations Commission, 231 SCRA 173). In fact, Article 221 of the Labor Code expressly mandates that in proceedings before "the (National Labor Relations) Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling x x x." This provision is also applicable to proceedings before the Office of the Secretary of Labor and Employment which, under the said Code, is empowered to hear and resolve matters arising from the exercise of its plenary power to issue assumption or (sic) jurisdiction and return-to-work orders, all in keeping with the national interest (Article 263(g) and Article 264 of the Labor Code)."[51] The contention of petitioners that they should have been allowed to present evidence when their demurrer to evidence was denied by the Secretary of Labor, is untenable. The record shows that in the hearing of September 22, 1998 attended by the parties, Atty. Lita V. Aglibut, Hearing Officer, of the public respondent's office, who presided over the hearing directed the parties to submit their respective position papers together with the affidavits and documentary evidence within ten (10) days.[52] While the Company submitted its position paper together with supporting evidence and rested its case for resolution, herein petitioners, however, submitted only its position paper but without attaching thereto any supporting documentary evidence. Petitioners chose to rely on the Rules of Court by filing a demurrer to evidence in the hope of a favorable decision and disregarded our resolution in G.R. No. 127215 ordering the Secretary of Labor to determine with dispatch the legality of the strike. On the other hand, the petitioners argued merely on the presumption that the strike was legal. The fact that the Hearing Officer of DOLE admitted their demurrer to evidence is not a valid excuse for herein petitioners not to comply with her said directive for the petitioners to submit their position paper and to attach thereto affidavits and documentary evidence within ten (10) days. Petitioners' non-compliance with that directive by failing or refusing to attach affidavits and supporting evidence to their position paper should not be ascribed as the fault of the Secretary of Labor when he denied their demurrer to evidence and forthwith rendered decision on the illegality of the strike. Petitioners have only themselves to blame for having defied the order of the said Hearing Officer of DOLE to submit position papers with supporting evidence. A party who has availed of the opportunity to present his position paper cannot claim to have been denied due process.[53] The requirements of due process are satisfied when the parties to a labor case are given the opportunity to submit position papers wherein they are supposed to attach all the documents that would prove their claim in the event it will be decided that no further hearing should be conducted or that hearing was not necessary.[54] | |||||