Case

SLL INTERNATIONAL CABLES SPECIALIST and SONNY L.
LAGON, Petitioners,
vs. NATIONAL LABOR RELATIONS COMMISSION, 4th DIVISION, ROLDAN LOPEZ,
EDGARDO ZUÑIGA and DANILO CAÑETE,
Case Doctrines
I
That factual findings of labor officials, who are deemed to have acquired
expertise in matters within their respective jurisdiction, are generally accorded
not only respect but even finality, and bind the Court when supported by
substantial evidence.1
II
The burden of proving payment of monetary claims rests on the employer,
the rationale being that the pertinent personnel files, payrolls, records,
remittances and other similar documents — which will show that overtime,
differentials, service incentive leave and other claims of workers have been paid
— are not in the possession of the worker but in the custody and absolute control
of the employ2er.2
III
Before the value of facilities can be deducted from the employees’ wages, the
following requisites must all be attendant: first, proof must be shown that such
facilities are customarily furnished by the trade; second, the provision of
deductible facilities must be voluntarily accepted in writing by the employee; and
finally, facilities must be charged at reasonable value. 3
NIÑA JEWELRY MANUFACTURING OF METAL ARTS, INC. (otherwise

known as NIÑA MANUFACTURING AND METAL ARTS, INC.) and ELISEA
B. ABELLA, vs.MADELINE C. MONTECILLO and LIZA M. TRINIDAD
Article 114 states that generally, deposits for loss or damages are not allowed
except in cases where the employer is engaged in such trades, occupations or business
where the practice of making deposits is a recognized one, or is necessary or desirable
as determined by the Secretary of Labor in appropriate rules or regulations. 4 Allowing
the employer to that said deduction they must first establish that the making of
deductions from the salaries is authorized by law, or regulations issued by the Secretary
1
SLL Cable Specialist and Sonny Lagon vs. NLRC, G.R. No. 172161
2
Dansart Security Force & Allied Services Company v. Bagoy, G.R. No. 168495
3
Mayon Hotel & Restaurant v. Adana, G.R. No. 157634
4
Article 114 of the Labor Code
of Labor. The posting of cash bonds should be proven as a recognized practice in the
jewelry manufacturing business, or alternatively, the petitioners should seek for the
determination by the Secretary of Labor through the issuance of appropriate rules and
regulations that the policy the former seeks to implement is necessary or desirable in
the conduct of business.5
ZAYBER JOHN B. PROTACIO,

vs. LAYA MANANGHAYA & CO. and/or MARIO T. MANANGHAYA
As a general rule, in certiorari proceedings under Rule 65 of the Rules of

Court, the appellate court does not assess and weigh the sufficiency of evidence
upon which the Labor Arbiter and the NLRC based their conclusion. 6 However,
as an exception, the appellate court may examine and measure the factual
findings of the NLRC if the same are not supported by substantial evidence. 7
II
The Court held that if the bonus is paid only if profits are realized or a
certain amount of productivity achieved, it cannot be considered part of wages. If
the desired goal of production is not obtained, of the amount of actual work
accomplished, the bonus does not accrue. The granting of a bonus is basically a
management prerogative which cannot be forced upon the employer who may
not be obliged to assume the onerous burden of granting bonuses or other
benefits aside from the employees’ basic salaries or wages. 8
JPL MARKETING PROMOTIONS, Petitioner,

vs.
COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, NOEL
GONZALES, RAMON ABESA III and FAUSTINO ANINIPO
Labor Code allows the bona fide suspension of the operation of a business or
undertaking for a period not exceeding six (6) months, wherein an employee/employees
5
Nina Jewelry Manufacturing vs. Montecillo and Trinidad, G.R No. 188169
6
Zayber John Protacio vs. Laya Managhaya Co. and or Mario Mananghaya
7
Soriano, Jr. v. National Labor Relations Commission, G.R. No. 165594, 23 April 2007, citing Danzas
Intercontinental, Inc. v. Daguman, 456 SCRA 382
8
Id. at 419
are placed on the so-called "floating status." 9 When that "floating status" of an employee
lasts for more than six months, he may be considered to have been illegally dismissed
from the service. Thus, he is entitled to the corresponding benefits for his separation,
and this would apply to suspension either of the entire business or of a specific
component thereof.10
Separation pay is only awarded to legally dismissed employees on the grounds
of equity and social consideration which is not the case of the respondents and in
seeking and obtaining employment elsewhere, private respondents effectively
terminated their employment with JPL. There is no cause for granting said incentive to
one who has already terminated his relationship with the employer. 11
The law in protecting the rights of the employees authorizes neither oppression
nor self-destruction of the employer. It should be made clear that when the law tilts the
scale of justice in favor of labor, it is but recognition of the inherent economic inequality
between labor and management. The intent is to balance the scale of justice; to put the
two parties on relatively equal positions. There may be cases where the circumstances
warrant favoring labor over the interests of management but never should the scale be
so tilted if the result is an injustice to the employer. 12
PETROLEUM SHIPPING LIMITED (formerly ESSO INTERNATIONAL SHIPPING

(BAHAMAS) CO., LTD.) and TRANS-GLOBAL MARITIME AGENCY, INC., Petitioners,
vs.
NATIONAL LABOR RELATIONS COMMISSION and FLORELLO W. TANCHICO,
Respondents.
Overseas employment contract as an example of contracts where the concept of

regular employment does not apply, whatever the nature of the engagement. They fall
under the exception of Article 280 whose employment has been fixed for a specific
project or undertaking the completion or termination of which has been determined at
the time of 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. 13
9
Article 286 of the Labor Code
10
Reynaldo Valdez v. National Labor Relations Commission, 349 Phil. 760, 766 (1998), citing Agro
Commercial Security Services Agency, Inc. v. National Labor Relations Commission
11
JPL Marketing Promotions vs. CA, NLRC Noel Gonzales, Ramon Abesa and Faustiono Aninipo, G.R
No. 151966
12
G.R No. 151966
13
Petroleum Shipping Ltd., and TransGlobal Maritime Agency Inc. vs. NLRC and Florello Tanchico, G.R.
No. 148130
KING OF KINGS TRANSPORT INC., CLAIRE DELA FUENTE and MELISSA LIM,
petitioners,
vs.
SANTIAGO O. MAMAC, respondent
Due process under the Labor Code involves two aspects: first, substantive––the
valid and authorized causes of termination of employment under the Labor Code; and
second, procedural––the manner of dismissal. 14 A verbal appraisal of the charges
against an employee does not comply with the first notice requirement. 15
LETRAN CALAMBA FACULTY and EMPLOYEES ASSOCIATION, petitioner,

vs.
NATIONAL LABOR RELATIONS COMMISSION and COLEGIO DE SANJUAN DE
LETRAN CALAMBA, INC., respondent.
Overtime pay, earnings and other remunerations are excluded as part of the
basic salary and in the computation of the 13th-month pay. Overload pay is not
integrated with a teacher's basic salary for his or her regular teaching load. In addition,
overload varies from one semester to another, as it is dependent upon the availability of
extra teaching loads. As such, it is not legally feasible to consider payments for such
overload as part of a teacher's regular or basic salary. 16
14
Agabon v. National Labor Relations Commission, GR No. 158693, November 17, 2004, 442 SCRA 573,
612.
15
King of Kings Transport Inc., Claire Dela Fuente and Melisa Lim vs. Santiago Mamac, G.R No. 166208
16
G.R. No. 156225

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SLL INTERNATIONAL CABLES SPECIALIST and SONNY L.

NIÑA JEWELRY MANUFACTURING OF METAL ARTS, INC. (otherwise

ZAYBER JOHN B. PROTACIO,

As a general rule, in certiorari proceedings under Rule 65 of the Rules of

JPL MARKETING PROMOTIONS, Petitioner,

PETROLEUM SHIPPING LIMITED (formerly ESSO INTERNATIONAL SHIPPING

Overseas employment contract as an example of contracts where the concept of

LETRAN CALAMBA FACULTY and EMPLOYEES ASSOCIATION, petitioner,

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