This case has been cited 2 times or more.
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2013-08-07 |
DEL CASTILLO, J. |
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| With respect to Arcobillas's claims for unpaid salaries and other benefits, suffice it to state that the monetary awards granted by the Labor Arbiter as affirmed by the NLRC are already final and binding due to her failure to file an appeal to question these awards. Her contention that she is entitled to affirmative relief since she raised these issues in her Comment to PNB's Petition for Certiorari and Memorandum before the CA cannot lie in consonance with our earlier pronouncement that all proceedings before the CA are considered null and void. Moreover, it has been held that "[a]n appellee who is not an appellant may assign errors in [her] brief where [her] purpose is to maintain the judgment, but [she] cannot seek modification or reversal of the judgment or claim affirmative relief unless [she] has also appealed."[37] Thus, we cannot grant her any affirmative relief. The monetary awards to which she is entitled are only confined to those contained in the dispositive portion of the Labor Arbiter's Decision as affirmed by the NLRC, as follows: 1) full backwages inclusive of allowances and other benefits or their monetary equivalent from March 16, 2000 to date of promulgation of this Decision; 2) 13th month pay for the year 1999; 3) unpaid salaries for the period February 2000 to March 15, 2000; and 4) 10% attorney's fee. | |||||
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2009-09-11 |
NACHURA, J. |
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| In every tort case filed under Article 2176 of the Civil Code, the plaintiff has to prove by a preponderance of evidence: (1) the damages suffered by him; (2) the fault or negligence of the defendant or some other person to whose act he must respond; (3) the connection of cause and effect between the fault or negligence and the damages incurred; and (4) that there must be no preexisting contractual relation between the parties.[25] | |||||