This case has been cited 3 times or more.
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2013-12-11 |
VILLARAMA, JR., J. |
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| We reiterated the Wong ruling in Global Holiday Ownership Corporation v. Metropolitan Bank and Trust Company[23] and recently, in Carlos Lim, et al. v. Development Bank of the Philippines.[24] Notably, all these cases involved provisions similar to paragraph N of the real estate mortgage in this case. | |||||
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2005-12-13 |
YNARES-SANTIAGO, J. |
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| The instant consolidated petitions for review seek to set aside the (1) January 7, 2005 Decision of the Third Division of the Court of Appeals in CA-G.R. SP No. 83725,[1] affirming the December 30, 2003 Resolution[2] of the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 036413-03, and holding that respondent Caroline C. Del Rosario, was a regular employee of petitioner San Miguel Corporation whose dismissal was valid but ineffectual for non-compliance with the requirement of one month notice in termination due to redundancy; and the (2) February 23, 2005 Decision of the First Division of the Court of Appeals in CA-G.R. SP No. 84081,[3] which reinstated the Labor Arbiter's June 16, 2003 Judgment[4] finding that respondent is an illegally dismissed regular employee of petitioner. Likewise questioned are the June 16, 2005[5] and May 13, 2005[6] Resolutions of the Court of Appeals which denied petitioner's motions for reconsideration. | |||||
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2005-12-13 |
YNARES-SANTIAGO, J. |
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| Respondent is not, however, entitled to holiday pay because the records reveal that she is a monthly paid regular employee. Under Section 2, Rule IV, Book III of the Omnibus Rules Implementing the Labor Code, employees who are uniformly paid by the month, irrespective of the number of working days therein, shall be presumed to be paid for all the days in the month whether worked or not. Hence, the Court of Appeals correctly deleted said award.[33] | |||||