This case has been cited 4 times or more.
|
2013-07-08 |
PEREZ, J. |
||||
| Having been constructively dismissed, Escudero was correctly found entitled to backwages and attorney's fees by the Labor Arbiter, the NLRC and the CA. Under Article 279 of the Labor Code, as amended, employees who have been illegally terminated from employment are entitled to the twin reliefs of reinstatement without loss of seniority rights and to the payment of full back wages[41] corresponding to the period from their illegal dismissal up to actual reinstatement.[42] Reinstatement is a restoration to the state from which one has been removed or separated,[43] while the payment of backwages is a form of relief that restores the income that was lost by reason of the unlawful dismissal.[44] Proper where reinstatement is not advisable or feasible as when antagonism already caused a severe strain in the relationship between the employer and the employee,[45] separation pay may also be awarded where, as here, reinstatement is no longer practical or in the best interest of the parties or when the employee decides not to be reinstated anymore.[46] | |||||
|
2008-07-04 |
REYES, R.T., J. |
||||
| The right to appeal is a purely statutory right. Not being a natural right or a part of due process, the right to appeal may be exercised only in the manner and in accordance with the rules provided therefor.[41] For this reason, payment of the full amount of the appellate court docket and other lawful fees within the reglementary period is mandatory and jurisdictional.[42] Nevertheless, as this Court ruled in Aranas v. Endona,[43] the strict application of the jurisdictional nature of the above rule on payment of appellate docket fees may be mitigated under exceptional circumstances to better serve the interest of justice. It is always within the power of this Court to suspend its own rules, or to except a particular case from their operation, whenever the purposes of justice require it.[44] | |||||
|
2008-06-13 |
AUSTRIA-MARTINEZ, J. |
||||
| As to the third issue, the Court finds its ruling in Chronicle Securities Corporation v. National Labor Relations Commission [24] apropos to the present case, pertinent portions of which read as follows: The right to appeal is a purely statutory right. Not being a natural right or a part of due process, the right to appeal may be exercised only in the manner and in accordance with the rules provided therefor. Failure to bring an appeal within the period prescribed by the rules renders the judgment appealed from final and executory. However, it is always within the power of this Court to suspend its own rules, or to except a particular case from its operations, whenever the purposes of justice require it. | |||||
|
2006-01-31 |
CARPIO, J. |
||||
| ART. 279. Security of Tenure. - In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. In accordance with this provision, illegally dismissed private respondents are entitled to full backwages, inclusive of allowances and other benefits. Where reinstatement is no longer possible, as in this case, the backwages shall be computed from the time of the employee's illegal termination up to the finality of the decision.[22] | |||||