This case has been cited 2 times or more.
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2015-06-22 |
PERALTA, J. |
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| Therefore, the enforcement of the subject decision through the writ issued by the trial court is presently limited to just one of the three alternatives, i.e., a demolition of the structures. The said limitation is not because the writ "altered" the judgment; it is because the situation of the parties and the practicalities of such enforcement require it. In addition, the decision subject of the execution itself noted that it was the "failure of the public defendants to act on (Cajucom's) letter-complaint to cause the removal of the structures located on the shoulder of the road" that "constrained (him) to file the instant case."[63] Removal or demolition of the structures was likewise what was prayed for by Cajucom in the complaint.[64] Thus, the trial court recognizes that a removal of the structures is what is called for in this case. Such is expressed in the decision and the dispositive portion thereof must be understood in this context. When interpreting the dispositive portion of the judgment, the findings of the court as found in the whole decision must be considered; a decision must be considered in its entirety, not just its specific portions, to grasp its true intent and meaning.[65] | |||||
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2014-06-09 |
MENDOZA, J. |
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| Pursuant to Article 280 of the Labor Code, there are two kinds of regular employees, namely: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activities in which they are employed.[13] Regular employees are further classified into (1) regular employees - by nature of work and (2) regular employees - by years of service.[14] The former refers to those employees who perform a particular function which is necessary or desirable in the usual business or trade of the employer, regardless of their length of service; while the latter refers to those employees who have been performing the job, regardless of its nature thereof, for at least a year.[15] | |||||