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PHILIPPINE AIRLINES v. JOSELITO PASCUA

This case has been cited 6 times or more.

2012-07-23
REYES, J.
An issue or a case becomes moot and academic when it ceases to present a justiciable controversy so that a determination thereof would be without practical use and value[9] or in the nature of things, cannot be enforced.[10] In such cases, there is no actual substantial relief to which the applicant would be entitled to and which would be negated by the dismissal of the petition.[11] As a rule, courts decline jurisdiction over such case, or dismiss it on ground of mootness.[12]
2012-07-17
VILLARAMA, JR., J.
An issue or a case becomes moot and academic when it ceases to present a justiciable controversy so that a determination thereof would be without practical use and value.[18] In such cases, there is no actual substantial relief to which the petitioner would be entitled to and which would be negated by the dismissal of the petition.[19]
2005-10-12
QUISUMBING, J.
Nonetheless, as correctly pointed out by the Court of Appeals, there are limits to the management prerogative. While it may be conceded that management is in the best position to know its operational needs, the exercise of management prerogative cannot be utilized to circumvent the law and public policy on labor and social justice. That prerogative accorded management should not defeat the very purpose for which our labor laws exist: to balance the conflicting interests of labor and management. By its very nature, management prerogative must be exercised always with the principles of fair play and justice.[14] In particular, the employer must be able to show that the transfer is not unreasonable, inconvenient or prejudicial to the employee; nor does it involve a demotion in rank or a diminution of his salaries, privileges and other benefits.[15] The employer bears the burden of proving that the transfer of the employee has complied with the foregoing test.[16]
2004-11-25
YNARES-SATIAGO, J.
However, the exercise of management prerogative is not absolute.  By its very nature, encompassing as it could be, management prerogative must be exercised in good faith and with due regard to the rights of labor verily, with the principles of fair play at heart and justice in mind.  While we concede that management would best know its operational needs, the exercise of management prerogative cannot be utilized as an implement to circumvent our laws and oppress employees.  The prerogative accorded management cannot defeat the very purpose for which our labor laws exist: to balance the conflicting interests of labor and management, not to tilt the scale in favor of one over the other, but to guaranty that labor and management stand on equal footing when bargaining in good faith with each other.[19]
2004-03-23
AUSTRIA-MARTINEZ, J.
academic.  An issue becomes moot and academic when it ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value.[20] In such cases, there is no actual substantial relief to which petitioners would be
2004-03-10
AUSTRIA-MARTINEZ, J.
The Court is not persuaded.  With the Manifestation and Motion of petitioner itself, its petition had become moot and academic.  An issue is said to have become moot and academic when it ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value.[25]