Agabon v.

NLRC
The constitutional mandates of protections to labor and security of tenure
may be deemed as self-executing in the sense that these are
automatically acknowledged and observed without need for any enabling
legislation. However, to declare that the constitutional provisions are
enough to guarantee the full exercise of the rights embodied therein, and
the realization of ideals therein expressed, would be impractical, if not
unrealistic. The espousal of such view presents dangerous tendency of
being overbroad and exaggerated.

Serrano v. Gallant Maritime Services
Sec. 3, Art. XII cannot be directed as a principal source of direct
enforceable rights, for the violation of which the questioned clause may be
declared unconstitutional. In may unwittingly risk opening the floodgates of
litigation to every worker or union over every conceivable violation of so
broad a concept as social justice for labor.

In Agabon v. National Labor Relations Commission (G.R. No. 158693, 17
November 2004, 442 SCRA 573), the Court deemed it best to revisit the doctrine
in Serrano (supra), which was cited by petitioners, in relation to Wenphil Corp. v.
National Labor Relations Commission (G.R. No. 80587, 8 February 1989, 170
SCRA 69). After analyzing the consequences of the divergent doctrines on
employment termination, the Court held that in cases involving dismissals for
cause, but without observance of statutory due process, the better rule is to
abandon the Serrano doctrine and to follow Wenphil by declaring that the
dismissal was for cause but imposing sanctions on the employer. By so doing,
dispensing justice not just to employees but to employers as well is achieved.


Sonza v. ABS-CBN
The present controversy is one of first impression. Although Philippine
labor laws and jurisprudence define clearly the elements of an employer-
employee relationship, this is the first time that the court will resolve the
nature of the relationship between a television and radio station and one
of its talents. There is no case law stating that a radio and television
program host is an employee of the broadcast station. The instant case
involves big names in the broadcast industry, and one of the biggest
television and radio networks in the country.
Individuals with special skills, expertise or talent enjoy the freedom to offer
their services as independent contractors. The right to life and livelihood
guarantees this freedom to contract as independent contractors. The right
of labor to security of tenure cannot operate to deprive an individual,
possessed with special skills, expertise and talent, of his right to contract
as an independent contractor.
An individual like an artist or talent has a right to render his services
without any one controlling the means and methods by which he performs
his art or craft. This court will not interpret the right of labor to security of
tenure to compel artists and talents to render their services only as
employees. If radio and television program hosts can render their services
only as employees, the station owners and managers can dictate to the
radio and television hosts what they say in their shows. This is not
conducive to freedom of the press.

Asian Transmission Corporation v. CA
The SC affirmed the validity of DOLEs March 11, 1993 explanatory
bulletin and ruled that Article 94 of the LC, as amended, affords a worker
the enjoyment of 10 paid regular holidays. The provision is mandatory,
regardless of whether an employee is paid on a monthly or daily basis.
The DOLE through USEC Trajano, issued an explanatory bulletin dated
march 11, 1993 wherein it clarified, that employees are entitled to 200% of
their basic wage on April 9, 1993, whether unworked, which, apart from
being Good Friday (legal holiday), is also Araw ng Kagitingan (also, legal
holiday). Thus, being two regular holidays on the same day the DOLE is of
the view that the covered employees are entitled to at least 200% of their
basic wage even if said holiday is unworked. The first 100% represents
the payment of the holiday pay as Good Friday, and the second 100% is
the payment of holiday pay for the same date as Araw ng Kagitingan.
The state shall afford protection to labor. Its purpose is not merely to
prevent diminution of monthly income of workers on account of work
interruptions. It is also intended to enable the worker to participate in the
national celebrations held during the days.
Since a rokers is entitled to the enjoyment of 10 paid regular holidays, the
fact that 2 holidays fall on the same date should not operate to reduce to 9
the 10 pay benefits a worker is entitled to receive.
Only an employee who works on the day immediately preceeding or after
a regular holiday shall be entitled to the holiday pay.
A paid legal holiday occurring during the scheduled vacation leave will
result in holiday payment in addition to normal vacation pay but will not
entitle the employee to another vacation leave.

Philippine Telegraph and Telephone (PT&T) Company v. NLRC
It is recognized that regulation of manpower by company falls within the
so-called management prerogatives, which prescriptions encompass the
matter of hiring, supervisions of workers, work assignments, working
methods, and assignments, as well as regulations on their transfer of
employees, lay-off of workers, and the discipline, dismissal and recall of
employees. As put in a case, an employer is free to regulate, according to
his discretion and best business judgment, all aspects of employment,
From hiring to firing, except cases of unlawful discrimination or those
which may be provided by law.
Men and women employees must be treated equally in the workplace.
Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely on
account of their sexes is a CRIMINAL ACT and a violation of the Labor
Code and other related laws.

MPSTA v. Laguio
Case involving teachers who took part in mass actions. The mass actions
for all intents and purposes was a strike, they constituted a concerted and
unauthorized stoppage of or absence from work which was the teachers
sworn duty to perform undertaken for essentially economic reasons it
denied the petition since the right to strike did not extend to civil service
employees.

Escorpizo v. University of Baguio
This by no means to assert that probationary teachers do not enjoy
security of tenure. The enjoy security of tenure in the sense that during
their probationary employment they cannot be dismissed except for cause.
However, upon expiration of their contract of employment, probationary
academic personnel cannot claim security of tenure and compel their
employers to renew their employment contracts. In fact the services of an
employee hired on probationary basis may be terminated when he fails to
qualify as a regular employee in accordance with reasonable standards
made known by the employer to the employee at the time of his
engagement. There is nothing that would hinder the employer from
extending a regular or permanent appointment to an employee once the
employer finds that the employee is qualified for regular employment even
before the expiration of the probationary period. Conversely, if the purpose
sought by the employer is neither attained nor attainable within the said
period, the law does not preclude the employer from terminating the
probationary employment on justifiable grounds. Consequently, a
respondent university was not under obligation to renew Escorpizos
contract of employment, her separation cannot be said to have been
without justifiable cause. Legally speaking, Escorpizo was not illegally
dismissed her contract merely expired.

Saint Marys Univeristy v. CA; UST v. NLRC
Section 93 of the 1992 Manual of Regulations for Private Schools,
provides that full-time teachers who have satisfactorily completed their
probationary period shall be considered regular or permanent.
Furthermore, the probationary period shall not be more than six
consecutive regular semesters for those in the tertiary level. Thus, the
following requisites must concur: (1) the teacher is a full-time teacher; (2)
the teacher must have rendered three consecutive years of service; and
(3) such service must have been satisfactory.
A Full-time teacher is one whose total working day is devoted to the
school, has no other regular remunerative employment and is paid on a
regular monthly basis regardless of the number of teaching hours; and
that in college, the nominal teaching load of a full-time instructor shall be
eighteen hours a week.
It follows that a part time member of the faculty cannot acquire
permanence in employment under the Manual of Regulations in relation to
the Labor Code.

Cainta Catholic School v. Cainta Catholic School Employees Union
The compulsory retirement of two teachers was upheld as valid and
consistent with the CBA provision alloring an employee to be retired by the
schoole even before reaching the age of 60, provided that he/she had
rendered 20 years of service.

GROSS NEGLIGENCE (termination)
Metro Transit Organization v. NLRC
Gross negligence has been defined to be the want or absence of even
slight care or diligence as to amount to a reckless disregard of safety of
person or property. It evinces a thoughtless disregard of consequences
without exerting any effort to avoid them.

Philippine Aeulos Automotive v. NLRC
The negligence to warrant removal from service should not merely be
gross but also habitual.

LBC Express-Metro Manila, Inc. V. Mateo
An employer cannot be legally compelled to continue with the employment
of a person admittedly guilty of gross negligence in the performance of his
duties. This holds true especially if the employees continued tenure is
patently inimical to the employers interest.

Eastern Overseas Employment v. Bea
* Under Article 282, an unsatisfactory rating can be a just cause for dismissal
only if it amounts to gross and habitual neglect of duties.