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TOWER INDUSTRIAL SALES v. CA

This case has been cited 2 times or more.

2008-10-29
QUISUMBING, ACTING C.J.
It bears stressing that he who seeks a writ of certiorari must apply for it in a manner strictly in accordance with the provisions of the law and the Rules.[19] The liberal construction of the Rules should not be a remedy for all procedural maladies. This Court will not tolerate wanton disregard of the procedural rules under the guise of liberal construction.[20]
2006-09-27
AUSTRIA-MARTINEZ, J.
As correctly pointed out by petitioners, the burden of proving just cause for dismissing an employee rests upon the employer, and the employer's failure to discharge such burden results in a finding that the dismissal is unjustified and therefore illegal.[37] It is the employer who must prove the validity of the termination and not the employee who must prove the reverse.[38] The employer must affirmatively show rationally adequate evidence that the dismissal was for a justifiable cause.[39]