This case has been cited 3 times or more.
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2010-02-15 |
BRION, J. |
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| Thus, we cannot but conclude that substantial evidence exists justifying Rivera's dismissal for a just cause - loss of trust and confidence. For loss of trust and confidence to be a ground for dismissal, the law requires only that there be at least some basis to justify the dismissal.[43] | |||||
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2006-09-19 |
CARPIO MORALES, J. |
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| SEC. 4. When and where petition filed. - The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion. (Emphasis and underscoring supplied) The rule is settled that remedial statutes or modes of procedure, which do not create new rights or take away vested rights but only operate in furtherance of the remedy or confirmation of rights already existing, do not come within the purview of the general rule against the retroactive operation of statutes. They are construed to be applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent. Hence, in a long line of cases, [7] the new period under Section 4 of Rule 65 was given retroactive application. Of course at the time the assailed Resolutions of the appellate court were issued in 1999, Section 4 of Rule 65 had not yet been amended by this Court's Resolution in A.M. No. 00-2-03- SC. | |||||
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2006-01-31 |
CARPIO, J. |
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| Factual findings of labor officials, who possess the expertise in matters within their jurisdiction, have conclusive effect on this Court provided substantial evidence support such factual findings.[8] More so in this case, where the findings of the Labor Arbiter and the NLRC coincide, and the Court of Appeals sustained such findings.[9] | |||||