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VIRGILIO G. ANABE v. ASIAN CONSTRUCTION

This case has been cited 6 times or more.

	GR No. 175689 2014-08-13	GEORGE A. ARRIOLA v. PILIPINO STAR NGAYON LEONEN, J.
Article 291 covers claims for overtime pay,[43] holiday pay,[44] service incentive leave pay,[45] bonuses,[46] salary differentials,[47] and illegal deductions by an employer.[48] It also covers money claims arising from seafarer contracts.[49]
	GR No. 187214 2013-08-14	SANOH FULTON PHILS. v. EMMANUEL BERNARDO PEREZ, J.
EMMANUEL BERNARDO - P53,339.52 SAMUEL TAGHOY - 58,968.00 MANNY SANTOS - 69,120.68 GRAND TOTAL P181,428.20[6] On appeal, the National Labor Relations Commission (NLRC) affirmed in toto the decision of the Labor Arbiter in its Resolution[7] dated 23 May 2006. The NLRC held that "the retrenchment x x x was a valid exercise of management prerogative, more so, since the said decision was premised on the 'permanent lack of orders from major clients.'"[8] The NLRC found no violation of the company's LIFO policy because the employees involved were bound under a training agreement to render three (3) years of continuous service. The NLRC also sustained the award of separation pay to the three (3) employees.
	GR No. 174214 2012-06-13	WATERFRONT CEBU CITY HOTEL v. MA. MELANIE P. JIMENEZ PEREZ, J.
Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees. It is resorted to during periods of business recession, industrial depression, or seasonal fluctuations or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the introduction of new methods or more efficient machinery or of automation.[16] It is an act of the employer of dismissing employees because of losses in the operation of a business, lack of work, and considerable reduction on the volume of his business.[17]
	GR No. 182622 2010-09-08	PHILIPPINE LONG DISTANCE TELEPHONE COMPANY v. ROBERTO R. PINGOL MENDOZA, J.
The day the action may be brought is the day a claim starts as a legal possibility.[21] In the present case, January 1, 2000 was the date that respondent Pingol was not allowed to perform his usual and regular job as a maintenance technician. Respondent Pingol cited the same date of dismissal in his complaint before the LA. As, thus, correctly ruled by the LA, the complaint filed had already prescribed.
	GR No. 170464 2010-07-12	LAMBERT PAWNBROKERS v. HELEN BINAMIRA DEL CASTILLO, J.
Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees. It is resorted to during periods of business recession, industrial depression, seasonal fluctuations, or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant to a new production program, or automation.[21] It is a management prerogative resorted to avoid or minimize business losses, and is recognized by Article 283 of the Labor Code, which reads: Art. 283. Closure of establishment and reduction of personnel.- The employer may also terminate the employment of any employee due to x x x retrenchment to prevent losses or the closing or cessation of operations of the establishment x x x by serving a written notice on the worker and the DOLE at least one month before the intended date thereof. x x x In case of retrenchment to prevent losses, the separation pay shall be equivalent to one (1) month pay or at least one-half month for every year of service whichever is higher. x x x (Emphasis ours)