This case has been cited 3 times or more.
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2015-01-14 |
LEONEN, J. |
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| The use of the word "may" (i.e., "may refuse impositions on its jurisdiction"[72]) in the decisions shows that the matter of jurisdiction rests on the sound discretion of a court. Neither the mere invocation of forum non conveniens nor the averment of foreign elements operates to automatically divest a court of jurisdiction. Rather, a court should renounce jurisdiction only "after 'vital facts are established, to determine whether special circumstances' require the court's desistance."[73] As the propriety of applying forum non conveniens is contingent on a factual determination, it is, therefore, a matter of defense.[74] | |||||
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2010-06-29 |
BRION, J. |
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| The second phase started in 1983 when Tongko was named Unit Manager in Manulife's Sales Agency Organization. In 1990, he became a Branch Manager. Six years later (or in 1996), Tongko became a Regional Sales Manager.[4] | |||||
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2008-11-07 |
VELASCO JR., J. |
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| Jurisprudence is firmly settled that whenever the existence of an employment relationship is in dispute, four elements constitute the reliable yardstick: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer's power to control the employee's conduct. It is the so-called "control test" which constitutes the most important index of the existence of the employer-employee relationship that is, whether the employer controls or has reserved the right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished. Stated otherwise, an employer-employee relationship exists where the person for whom the services are performed reserves the right to control not only the end to be achieved but also the means to be used in reaching such end.[14] | |||||