This case has been cited 2 times or more.
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2009-08-19 |
CHICO-NAZARIO, J. |
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| Under the Revised Rules of Criminal Procedure, a motion for reconsideration of the judgment of conviction may be filed within 15 days from the promulgation of the judgment or from notice of the final order appealed from.[32] Failure to file a motion for reconsideration within the reglementary period renders the subject decision final and executory.[33] | |||||
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2006-09-26 |
CALLEJO, SR., J. |
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| ART. 280. REGULAR AND CASUAL EMPLOYMENT.-The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season. In Universal Robina Corporation v. Catapang,[31] the Court reiterated the test in determining whether one is a regular employee:The primary standard, therefore, of determining regular employment is the reasonable connection between the particular activity performed by the employee in relation to the usual trade or business of the employer. The test is whether the former is usually necessary or desirable in the usual business or trade of the employer. The connection can be determined by considering the nature of work performed and its relation to the scheme of the particular business or trade in its entirety. Also, if the employee has been performing the job for at least a year, even if the performance is not continuous and merely intermittent, the law deems repeated and continuing need for its performance as sufficient evidence of the necessity if not indispensability of that activity to the business. Hence, the employment is considered regular, but only with respect to such activity and while such activity exists.[32] As elaborated by this Court in Magsalin v. National Organization of Working Men:[33] | |||||