This case has been cited 4 times or more.
|
2012-06-27 |
SERENO, J. |
||||
| Notwithstanding the lack of a rounding-up provision, still, the higher retirement pay, together with the prorated crediting, cannot be deemed to be less favorable than that provided for by the law. Ultimately, the more important threshold[33] to be considered in construing whether the retirement agreement provides less benefits, compared to those provided by the Retirement Pay Law, is that the retirement benefits in the said agreement should at least amount to one-half of the employee's monthly salary. | |||||
|
2009-10-02 |
PERALTA, J. |
||||
| Moreover, the relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good.x x x [26] The supremacy of the law over contracts is explained by the fact that labor contracts are not ordinary contracts; these are imbued with public interest and therefore are subject to the police power of the state.[27] It should not be taken to mean that retirement provisions agreed upon in the CBA are absolutely beyond the ambit of judicial review and nullification. A CBA, as a labor contract, is not merely contractual in nature but impressed with public interest. If the retirement provisions in the CBA run contrary to law, public morals, or public policy, such provisions may very well be voided.[28] | |||||
|
2007-11-23 |
NACHURA, J. |
||||
| The Handbook merely provides for two classes of employees for purposes of permanency, i.e., Faculty and Non-Academic. However, the same does not specifically classify the position of dean as part of the Faculty or of the Non-Academic personnel. At this juncture, we find solace in the Manual of Regulations for Private Schools Annotated,[38] which provides that the college dean is the senior officer responsible for the operation of an academic program, the enforcement of rules and regulations, and the supervision of faculty and student services. We already had occasion to state that the position of dean is primarily academic[39] and, as such, he is considered a managerial employee.[40] Yet, a perusal of the Handbook yields the interpretation that the provision on the permanency of Faculty members applies to teachers only. But the Handbook or school manual must yield to the decree of the Manual, the latter having the character of law.[41] The specified probationary periods in Section 92 of the Manual are the maximum periods; under certain conditions, regular status may be achieved by the employee in less time.[42] However, under the given circumstances and the fact that the position of dean in this case is for a fixed term, the issue whether the respondent attained a regular status is not in point. By the same token, the application of the provision in the Manual as to the required probationary period is misplaced. It can be well said that a tenured status of employment co-exists and is co-terminous only with the definite term fixed in the contract of employment. | |||||
|
2007-09-13 |
TINGA, J. |
||||
| One question therefore arises did the NLRC commit grave abuse of discretion when it affirmed the findings of the Executive Labor Arbiter' While only questions of law may be entertained by this Court through a petition for review on certiorari, there are, however, well-recognized exceptions such as the instant case where the factual findings of the NLRC and the Court of Appeals are contradictory. A re-evaluation of the records of this case is necessary for its proper resolution.[27] | |||||