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HACIENDA BINO/HORTENCIA STARKE v. CANDIDO CUENCA

This case has been cited 2 times or more.

2013-12-11
PERALTA, J.
Under the doctrine of stare decisis, when a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases in which the facts are substantially the same, even though the parties may be different.[36] Where the facts are essentially different, however, stare decisis does not apply, for a perfectly sound principle as applied to one set of facts might be entirely inappropriate when a factual variant is introduced.[37]
2013-06-13
SERENO, C.J.
For regular employees to be considered as such, the primary standard used is the reasonable connection between the particular activity they perform and the usual trade or business of the employer.[61] This test has been explained thoroughly in De Leon v. NLRC,[62] viz: