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Technical Rules of Procedure
Summary ▪ Technical rules of procedure are not binding in labor cases. 1. Concept The rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the Commission shall use every and all reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities…
Philippine Daily Inquirer, Inc. v. Magtibay (2007)
Philippine Daily Inquirer, Inc. v. Magtibay, G.R. No. 164532, July 24, 2007, Garcia, J.: 1. Background • [The Company is engaged in the publication of news.] • [The Complainant was engaged as a regular phone operator.] • On February 7, 1995, PDI hired Magtibay, on contractual basis, to assist, for a period of five months…
Proof of Service
1. Concept Proof of service – refers to evidence presented before a labor court to show or establish that proper service of a required notice or document has been served to a person. 2. Service Service – refers to the act of delivering a notice or document to a person. Delivery – refers to the…
Celis v. Bank of Makati (A Savings Bank), Inc. (2022)
This is the case of a bank personnel who was dismissed for her failure to disclose her previous employment.
Substantial Evidence Rule
Whether for just or authorized cause – including DOLE’s other cause, the employer should note and comply with the substantial evidence rule required by Labor Law. In dismissal, the burden of proof is on the employer. To discharge this responsibility, the employer has to present substantial evidence to prove that the dismissal was valid. Substantial…
