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JOSAN v. EDUARDO RAMOS ADUNA

This case has been cited 4 times or more.

	GR No. 190486 2014-11-26	STANLEY FINE FURNITURE v. VICTOR T. GALLANO LEONEN, J.
A clear intention to sever the employer-employee relationship.[65]
	GR No. 190724 2014-03-12	DIAMOND TAXI v. FELIPE LLAMAS BRION, J.
Moreover, and as the CA pointed out, Llamas lost no time in filing the illegal dismissal case against them. To recall, he filed the complaint on July 18, 2005 or only two days from the third time he was refused access to his assigned taxi cab on July 16, 2005. Clearly, Llamas could not be deemed to have abandoned his work for, as we have previously held, the immediate filing by the employee of an illegal dismissal complaint is proof enough of his intention to return to work and negates the employer's charge of abandonment.[41] To reiterate and emphasize, abandonment is a matter of intention that cannot lightly be presumed from certain equivocal acts of the employee.[42]
	GR No. 201979 2013-07-10	GILDA C. FERNANDEZ v. NEWFIELD STAFF SOLUTIONS VILLARAMA, JR., J.
Abandonment is a form of neglect of duty, one of the just causes for an employer to terminate an employee.[34] For abandonment to exist, two factors must be present: (1) the failure to report for work or absence without valid or justifiable reason; and (2) a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor being manifested by some overt acts.[35]
	GR No. 175369 2013-02-27	TEGIMENTA CHEMICAL PHILS. v. MARY ANNE OCO SERENO, J.
For abandonment to exist, two factors must be present: (1) the failure to report for work or absence without a valid or justifiable reason; and (2) a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor being manifested by some overt acts.[25]