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Ratio 1:
Although an employee is hired on a seasonal basis, he or she
may still be considered as a regular worker when he or she performs
tasks necessary and indispensable to the company. In such a case, the
employee is classified as a regular seasonal employee.
Ratio 2:
An amendment of a Complaint for Illegal Dismissal with
backwages as to include a complaint for Payment of Retirement Pay is
not necessarily fatal to the cause of action for illegal dismissal,
provided that the complainant does not abandon his or her argument
for illegal dismissal when the amendment to the complaint was made.
Ratio 3: Due process and nominal damages
In cases of termination of employees, failure on the part of the
employer to comply with the procedural and substantive due process
requirements of the Labor Code and applicable jurisprudence
necessitates the payment of nominal damages which according to
prevailing jurisprudence is pegged at the amount of 30,000 pesos.
Ratio 4: Retirement pay
In computation of the amount to be paid as retirement pay, the
proviso in Arts. 283 and 284 which states a fraction of at least six
months shall be considered one whole year covering the payment of
separation pay also applies in the computation for the payment of
retirement pay.
Ratio 5:
In labor cases, financial assistance may be awarded as a measure
of social justice in exceptional circumstances and as an equitable
concession especially when the employee has worked for the
employer for a long time and there are no records of any malfeasance
or violation of company rules; the employee is already of advanced
age thus lessening his or her employment opportunities
People of the Philippines v Victor Romana
Ratio 1:
In searches incidental to lawful arrest, it is the police officer
who should observe facts that would lead a person to a reasonable
degree of suspicion. The police officer should not adopt the suspicion
initiated by another person which as in this case was a jeepney driver.
Failure to comply with this requirement would render the search
invalid.