This case has been cited 2 times or more.
|
2012-02-22 |
SERENO, J. |
||||
| Abandonment is a matter of intention and cannot lightly be presumed from certain equivocal acts, especially during times of hardship.[6] Thus, we have ruled in a series of cases that there are two elements that must concur in order for an act to constitute abandonment: (1) failure to report for work or absence without valid or justifiable reason; and (2) a clear intention to sever the employer-employee relationship.[7] The second element is the more determinative factor, which must be manifested by some overt acts.[8] Mere absence or failure to report for work does not, ipso facto, amount to abandonment of work.[9] To prove abandonment, the employer must show that the employee deliberately and unjustifiably refused to resume his employment without any intention of returning.[10] | |||||
|
2001-09-07 |
DE LEON, JR., J. |
||||
| However, the amount of backwages must be properly computed inasmuch as in their respective complaints, private respondents Roman and Zenaida Domasig alleged that they received a daily income ranging from Three Hundred Fifty Pesos (P350.00) to Six Hundred Fifty Pesos (P650.00), and Two Hundred Fifty Pesos (P250.00) to Five Hundred Pesos (P500.00) respectively. The pronouncement of this Court in the case of Icawat v. NLRC,[16] is relevant and instructive, to wit: x x x, the dismissal of private respondent being illegal, he is entitled to the payment of backwages. We do not, however, agree with the amount awarded to herein private respondent in the absence of any factual basis thereof. Private respondent has not presented any evidence to warrant such award. The statement in his complaint that he is earning P800.00 to P1,000.00 when he is driving petitioners' jeepney on a "straight" basis, or P500.00 when driving on "half shift" basis, is purely self serving and speculative. | |||||