SUPREME COURT DECISIONS

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Endnotes:


1 Rollo, p. 97.

2 Contract of Employment, Annex B; Rollo, p. 100.

3 Contract of Employment, Annex C; Rollo, p. 103.

4 Rollo, p. 106.

5 Rollo, p. 107.

6 Id., p. 109.

7 Records, p. 68.

8 Id., p. 1.

9 Decision penned by Labor Arbiter Geoffrey P. Villahermosa, NLRC, Dumaguete City, Sub-Regional Arbitration Branch No. VII, Case No. RAB-VII-04-0057-94-D, 30 June 1995; Rollo, p. 28.

10 Decision penned by Presiding Commissioner Irenea E. Ceniza, concurred in by Commissioner Bernabe S. Batuhan and Commissioner Amorito V. Caete, NLRC Fourth Division, Cebu City, NLRC Case No. V-0316-95, 27 September 1996; Rollo, p. 56.

11 Rollo, p. 67.

12 Resolution penned by Presiding Commissioner Irenea E. Ceniza, concurred in by Commissioner Bernabe S. Batuhan and Commissioner Amorito V. Caete, NLRC Fourth Division, Cebu City, NLRC Case No. V-0316-95, 23 January 1997; Rollo, p. 19.

13 Comment of the Solicitor General; Rollo, pp. 141-142.

14 G.R. No. 115104, 12 October 1998.

15 G.R. No. 119523, 10 October 1997, 280 SCRA 520.

16 See Sandoval Shipyards, Inc. v. NLRC, G.R. No. 65689, 31 May 1985, 136 SCRA 674.

17 Rollo, pp. 97, 100, and 103.

18 Comment of Respondent; Rollo, p. 162.

19 G.R. No. 76721, 21 September 1987, 154 SCRA 166.

20 Art. 282. Termination by employer. - An employer may terminate an employment for any of the following causes:

(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

(b) Gross and habitual neglect by the employee of his duties;

(c) Fraud or willful breach by his employee or duly authorized representative;

(d) Commission of a crime or offense by his employee or any immediate member of his family or his duly authorized representative; and

(e) Other causes analogous to the foregoing.

Art. 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the worker at least one (1) month before the intended date thereof. In case of termination due to the installation of labor saving devices and redundancy, the worker affected thereby shall be entitled to separation pay or to at least one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in case of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered as one (1) whole year.

Art. 284. Disease as ground for termination. - An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, that he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

21 G.R. No. 119536, 17 February 1997, 268 SCRA 458.

22 See Cebu Engineering and Development Company, Inc. v. NLRC and Jaime Perez, G.R. No. 118695, 22 April 1998, 289 SCRA 701.

23 G.R. No. 80587, 8 February 1989, 170 SCRA 69.

24 G.R. No. 72779, 21 March 1990, 183 SCRA 421.

25 See Hellenic Philippine Shipping, Inc. vs. Epifano C. Siete and NLRC, G.R. No. 84082, 13 March 1991, 195 SCRA 179.

26 G.R. No. 81077, 6 June 1990, 186 SCRA 360.

27 NLRC Resolution; Rollo, pp. 21-22.

28 Ibid.

29 G.R. No. 82511, 3 March 1992, 206 SCRA 701.




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