This case has been cited 1 times or more.
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2015-08-18 |
VELASCO JR., J. |
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| Similarly, the fourth requisite is- also absent. While there may be substantial identity of the parties, there is no identity of subject matter or cause of action. In SME Bank, Inc. v. De Guzman,[37] this Court held that the acceptance of separation pay is an issue distinct from the legality of the dismissal of the employees. We held:The conformity of the employees to the corporation's act of considering them as terminated and their subsequent acceptance of separation pay does not remove the taint of illegal dismissal. Acceptance of separation pay does not bar the employees from subsequently contesting the legality of their dismissal, nor does it estop them from challenging the legality of their separation from the service.[38] (emphasis supplied) | |||||