Legal Q&A Flashcards
CAN A SEAFARER FILE A DISABILITY CLAIM FOR AN INJURY SUSTAINED WHILE PLAYING BASKETBALL DURING FREE TIME ABOARD A VESSEL?
Yes, In the case of Arguilles vs. Wilhelsem Smith Bell Manning, Inc. et al (2023), the Supreme Court held that playing basketball aboard a vessel is an employer-sanctioned activity and not a reckless or deliberate act, making the injury compensable. It is the duty of employers to take precautions to prevent accidents and injuries to the crew.
In the present case, it is clear that playing basketball aboard the vessel among its crews is sanctioned by the employers as there was no express prohibition for that activity.
This means that the injury sustained by a seafarer during such activity is considered as work-related, hence compensable.
Therefore, the disability claim is valid.
CAN AN EMPLOYEE BE JUSTLY TERMINATED FROM SERVICE FOR DISHONESTY IN THE USE OF THE AGENCY’S BUDGET FOR ITS YEAR-END CELEBRATION?
Facts: Three days before the highly-anticipate event, Myna met Alexis, the manager of SH Catering Services to secure latter’s food service during the celebration. As the agency allocated a food budget of 250 pesos per person, Myrna was delighted when she knew that Alexis will only charge 200 pesos each. To finalize their transaction, Myrna asks Alexis if he can issue her a receipt of 250 pesos per person so that she can earn 50 pesos for each employee as a compensation for her efforts being the in-charge of the celebration. The offer was accepted by Alexis.
Yes, the dismissal is proper.
In the case of Stradcom Corporation vs. Orpilla (2018), the Supreme Court held that mishandling the agency’s budget for a certain event and dishonesty in the use thereof result to loss of trust and confidence of the which the employee concerned can be justly dismissed from service.
In the present case, it is clear that Myrna has perpetrated dishonesty in the use of the budget for JP Manpower Agency’s Year-End Celebration, earning 50 pesos per person in its food transaction. Having entered into such anomalous contract results into loss of trust and confidence of which she can be justly terminated from service.
Therefore, the dismissal of Myrna is proper.
WHAT IS SOCIAL JUSTICE? HOW IT MUST BE APPLIED IN CASE OF CONFLICTING INTEREST BETWEEN CAPITAL AND LABOR?
In the light of social justice, when conflicting interest of capital are to be weighed on the scales of social justice, the law should accord more sympathy and compassion to the less privileged workingman. This is only fair if the worker is to be given the opportunity and the right to assert and defend his cause, not as a subordinate, but as part of management with which he can negotiate on even plane, this, labor is not a mere employee of capital but it’s active as equal partner.
(Fuentes vs BLRC GR 110017)
WHAT LAW SHOULD GOVERN AN OFW’s EMPLOYMENT CONTRACT: THE FOREIGN LAW OR THE PHILIPPINE LAW?
In the case of IPAMS vs. De Vera (2016), the Supreme Court held that in absence of any stipulation in a foreign employment contract, Philippine laws shall apply. This rule is rooted in the constitutional provision of Section 3, Article XIII of the Constitution that the State shall afford full protection to labor, whether local or overseas.
In the present case, it is clear that nothing in Jane’s employment contract that stipulates what law should govern the same. Hence, Philippine laws shall apply by default. Under Philippine law, an employee cannot be terminated without just or authorize cause. Jane was terminated by her foreign employer without just cause. With such, Jane was deemed illegally terminated.
State the NEW LAWYERS OATH.
I ite d s s t i a t h,
p,d a r o p l i t P
a a o o t c, i t i o o p.
I d f t t c o t R o t P.
I s d, I s w t p t r o l i a
r o t, j,f, l, e a p.
I s c a c w f j a w a s t r a m f o a p,
i a c
I s d n f, n s I p t l t u f
o p a.
I s f d t d a r t t
b o m a, w i a u c.
I i u m w m r n p o
e.
S h m G.
I IVY TOMENLACO ESTOR do solemnly swear that I accept the honor, privilege, duty and responsibility of practicing law in the Philippines as an officer of the court, in the interest of our people.
I declare fealty to the constitution of the Republic of the Philippines.
In so doing, I shall work towards promoting the rule of law in a regime of truth, justice, freedom, love, equality and peace.
I shall conscientiously and courageously work for justice as well as safeguard the rights and meaningful freedoms of all persons, identities and communities.
I shall ensure greater and equitable access to justice.
I shall do no falsehood, nor shall I pervert the law to unjustly favor or prejudice anyone.
I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity and utmost civility.
I impose upon myself without mental reservation nor purpose of evasion.
So help me God.
