This case has been cited 4 times or more.
2015-02-11 |
LEONEN, J. |
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The burden to prove whether the employee abandoned his or her work rests on the employer.[90] Thus, it is incumbent upon petitioner to prove the two (2) elements of abandonment. First, petitioner must provide evidence that respondent failed to report to work for an unjustifiable reason. Second, petitioner must prove respondent's overt acts showing a clear intention to sever his ties with petitioner as his employer. | |||||
2015-01-28 |
VILLARAMA, JR., J. |
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However, there are instances in which factual issues may be resolved by this Court, to wit: (1) the conclusion is a finding grounded entirely on speculation, surmise and conjecture; (2) the inference made is manifestly mistaken; (3) there is grave abuse of discretion; (4) the judgment is based on a misapprehension of facts; (5) the findings of fact are conflicting; (6) the CA goes beyond the issues of the case and its findings are contrary to the admissions of both appellant and appellee; (7) the findings of fact of the CA are contrary to those of the trial court; (8) said findings of facts are conclusions without citation of specific evidence on which they are based; (9) the facts set forth in the petition as well as in the petitioner's main and reply briefs are not disputed by the respondent; and (10) the findings of fact of the CA are premised on the supposed absence of evidence and contradicted by the evidence on record.[21] | |||||
2013-07-08 |
PEREZ, J. |
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It is, on the other hand, doctrinal that abandonment is a matter of intention[32] and cannot, for said reason, be lightly inferred, much less legally presumed from certain equivocal acts.[33] Viewed in the light of Escudero's persistence in reporting for work despite the irregular payment of her salaries starting July 2003, we find that her subsequent failure to do so as a consequence of Tan Brothers' non-payment of her salaries in May 2004 is hardly evincive of an intention to abandon her employment. Indeed, mere absence or failure to report for work, even after a notice to return work has been served, is not enough to amount to an abandonment of employment.[34] Considering that a notice directing Escudero to return to work was not even issued in the premises, we find that the CA committed no reversible error in ruling out Tan Brother's defense of abandonment. | |||||
2011-11-16 |
PEREZ, J. |
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Being a matter of intention, moreover, abandonment cannot be inferred or presumed from equivocal acts.[26] As a just and valid ground for dismissal, it requires the deliberate, unjustified refusal of the employee to resume his employment,[27] without any intention of returning.[28] Two elements must concur: (1) failure to report for work or absence without valid or justifiable reason, and (2) a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor and being manifested by some overt acts.[29] The burden of proving abandonment is once again upon the employer[30] who, whether pleading the same as a ground for dismissing an employee or as a mere defense, additionally has the legal duty to observe due process.[31] Settled is the rule that mere absence or failure to report to work is not tantamount to abandonment of work.[32] |