Labor cases must be supported by evidence.

Disregarding technical rules of procedure will not sacrifice

the fundamental requisites of due process ALSO the complaint form supplied by the LA were just filled
up by them and therefore, respondents should not be faulted.
CA ruled that technical rules shall not be applied strictly if the result would be detrimental to the
working man REMEDIED BY A POSITION PAPER.

Industrial Timber Corp v. Ababon (2 petitions are consolidated as one)

Industrial Plywood Group Corporation did not continue to lease the plant to ITC (herein petitioner)
which led to ITC to close its operations. ITC posted a final notice of closure of business and asked its
workers to collect the benefits due them. Ababon is one of the 387 workers laid off due to the plants
shutdown and thus he and 96 of his co-workers filed a case of illegal dismissal. LA required (1/2 mo)
separation pay, reinstatement etc. ITC filed with the NLRC who reinstated the LAs decision. Ababon
filed with the SC and was referred to the CA which ruled that retrenchment was valid because of proof
on non-renewal of license HOWEVER, ITC did not properly notify its employees (1 month before) 50k as
damages was awarded.
ITC: they were 3 days late in filing the MoR and thus, CA cannot validly overturn NLRCs decision.
Apply liberality in applying technical rules. Substantial Justice is best served by allowing the petition
for relief despite the procedural defect of PETITIONERS of filing the motion for reconsideration 3 days
late INJUSTICE TO EMPLOYER.
Art 218 (c), LC: it is within power of commission to correct, amend, or waive any error, defect or
irregularity whether in substance or in form

Rules and Regulations or Limitation (5)

Department of Labor and Employment shall promulgate necessary regulations which shall
have the force of law and is entitled to great respect + ANY OTHER (TO ADMINISTER, ENFORCE
AND IMPLEMENT)
EXCEPT if its in the excess of authority

Kapisanan ng mga manggagawang Pinagyakap v. NLRC

The negotiated daily wage increase of P. 1.33 could be credited to and deducted from the P60/monthly
living allowance which in effect, nullified the P 1. 33 increase. The LA ruled according to Sec 1(k) of the
Labor departments rules implementing PD 1123 (made to protect wages against inflation) which
exempts those that have granted the 60-peso monthly allowance from paying for anything extra. ALL
DOUBTS SHALL BE RESOLVED IN FAVOR OF LABOR.
In the Philippine Apparel case, this paragraph was already declared void for contravening the statutory
authority granted to the secretary of Labor., Due to facts as well as the ruling with regard to dismissal
for lack to serve a Memorandum of Agreement as being inconsistent with the requirement of social
justice to terminate employee of his employment on a mere technicality, the petition is granted
b Applicability (6) All rights and benefits granted to workers under this Code shall, except as
may otherwise be provided herein, apply alike to all workers, whether agricultural or
nonagricultural.
276: Government employees. The terms and conditions of employment of all government
employeesshall be governed by the Civil Service Law, rules and regulationsHowever, there shall be
no reduction of benefits and other terms and conditions of employment being enjoyed by them at
the time of the adoption of this Code.
Consti Art IX- B Sec (2) 1: The civil service embraces all branches, subdivisions, instrumentalities,
and agencies of the Government, including government-owned or controlled corporations with original
charters.

PNOC Energy Development Corp v. NLRC

Danilo Mercado was dismissed for alleged acts of dishonesty (negotiating cost then pocketing the
money)
1. The decision was made when the 1987 constitution was in effect and not the 1973 constitution
therefore it is already the Labor Code and not the Civil Service Decree that it in effect. The test is the
manner of its creation, those under the civil service law, CS. Those created under the General
Corporation Law, are under the Labor Code. ALSO case arose in 1973 but it was promulgated on July
1987, therefore under the 1987 constitution.
2. Also, there was no evidence of the alleged violations, in fact the testimony as well as the
explanations provided by Mercados affidavit is satisfactory for the Labor Arbiter.
217
128
129
288

Enforcement and sanctions

a Labor Arbiters Jurisdiction

Visitorial and enforcement power.
Recovery of wages, simple money claims and other benefits.
Penalties.

289 Who are liable when committed by other than natural person.
290 Offenses.
291 Money claims
292 Institution of Money claims
Art III Constitution