This case has been cited 4 times or more.
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2014-06-09 |
DEL CASTILLO, J. |
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| One manifestation of the power of control is the power to transfer employees from one work assignment to another.[55] Here, Petron could order petitioners to do work outside of their regular "maintenance/utility" job. Also, petitioners were required to report for work everyday at the bulk plant, observe an 8:00 a.m. to 5:00 p.m. daily work schedule, and wear proper uniform and safety helmets as prescribed by the safety and security measures being implemented within the bulk plant. All these imply control. In an industry where safety is of paramount concern, control and supervision over sensitive operations, such as those performed by the petitioners, are inevitable if not at all necessary. Indeed, Petron deals with commodities that are highly volatile and flammable which, if mishandled or not properly attended to, may cause serious injuries and damage to property and the environment. Naturally, supervision by Petron is essential in every aspect of its product handling in order not to compromise the integrity, quality and safety of the products that it distributes to the consuming public. | |||||
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2011-01-25 |
BRION, J. |
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| The dissent also erroneously cites eight other cases -- Social Security System v. Court of Appeals,[23] Cosmopolitan Funeral Homes, Inc. v. Maalat,[24] Algon Engineering Construction Corporation v. National Labor Relations Commission,[25] Equitable Banking Corporation v. National Labor Relations Commission,[26] Lazaro v. Social Security Commission,[27] Dealco Farms, Inc. v. National Labor Relations Commission,[28] South Davao Development Company, Inc. v. Gamo,[29] and Abante, Jr. v. Lamadrid Bearing & Parts Corporation.[30] The dissent cited these cases to support its allegation that labor laws and jurisprudence should be applied in cases, to the exclusion of other laws such as the Civil Code or the Insurance Code, even when the latter are also applicable. | |||||
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2011-01-25 |
BRION, J. |
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| The dissent also erroneously cites eight other cases -- Social Security System v. Court of Appeals,[23] Cosmopolitan Funeral Homes, Inc. v. Maalat,[24] Algon Engineering Construction Corporation v. National Labor Relations Commission,[25] Equitable Banking Corporation v. National Labor Relations Commission,[26] Lazaro v. Social Security Commission,[27] Dealco Farms, Inc. v. National Labor Relations Commission,[28] South Davao Development Company, Inc. v. Gamo,[29] and Abante, Jr. v. Lamadrid Bearing & Parts Corporation.[30] The dissent cited these cases to support its allegation that labor laws and jurisprudence should be applied in cases, to the exclusion of other laws such as the Civil Code or the Insurance Code, even when the latter are also applicable. | |||||
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2010-08-03 |
PERALTA, J. |
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| Jurisprudence has held time and again that abandonment is totally inconsistent with the immediate filing of a complaint for illegal dismissal, more so if the same is accompanied by a prayer for reinstatement.[27] In the present case, however, petitioner filed his complaint more than one year after his alleged termination from employment. Moreover, petitioner and the other complainants' inconsistency in their stand is also shown by the fact that in the complaint form which they personally filled up and filed with the NLRC, they only asked for payment of separation pay and other monetary claims. They did not ask for reinstatement. It is only in their Position Paper later prepared by their counsel that they asked for reinstatement. This is an indication that petitioner and the other complainants never had the intention or desire to return to their jobs. In fact, there is no evidence to prove that petitioner and his former co-employees ever attempted to return to work after they were dismissed from employment. | |||||