This case has been cited 4 times or more.
2015-01-28 |
VILLARAMA, JR., J. |
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Under the Rules of Court and settled doctrine, a petition for review on certiorari under Rule 45 of the Rules of Court is limited to questions of law. As a rule, the findings of fact of the CA are final and conclusive, and this Court will not review them on appeal.[20] | |||||
2013-10-23 |
REYES, J. |
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It is a well-settled rule, however, that before the employer must bear the burden of proving that the dismissal was legal, the employee must first establish by substantial evidence the fact of his dismissal from service. Bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence.[33] | |||||
2012-08-29 |
MENDOZA, J. |
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Well-settled is the rule in illegal dismissal case that while the employer bears the burden of proving that the termination was for a valid or authorized cause, the employee must first establish by substantial evidence the fact of his dismissal from service.[33] In this case, however, the employer should not be belabored to prove a valid dismissal as BALGCO itself has not terminated the employment of Verdadero. | |||||
2012-02-15 |
MENDOZA, J. |
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While the Constitution is committed to the policy of social justice and the protection of the working class, it should not be supposed that every labor dispute will be automatically decided in favor of labor. Management also has its rights which are entitled to respect and enforcement in the interest of simple fair play. Out of its concern for the less privileged in life, the Court has inclined, more often than not, toward the worker and upheld his cause in his conflicts with the employer. Such favoritism, however, has not blinded the Court to the rule that justice is in every case for the deserving, to be dispensed in the light of the established facts and the applicable law and doctrine.[39] |