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The Lion-Tiger Mosquito Killer Case: EXCULPATING THE EMPLOYER FROM A CHARGE OF NON-COMPLIANCE WITH AN ECONOMIC PROVISION OF THE COLLECTIVE BARGAINING AGREEMENT
Francis V. Sobreviñas* More than two (2) decades ago, our Supreme Court applied a civil law concept in resolving a labor dispute, holding that the Civil Code has always recognized, and continues to recognize, the validity and propriety of contracts and obligations with a fixed or definite period, and imposes no restraints on the freedom of the parties to fix the duration of a contract, whatever its object, be it species, goods or services, except the general admonition against stipulations contrary to law, morals, good customs, public order...
read moreDescribing and Delineating Unfair Labor Practice: Revisiting the Rule from Royal Interocean Lines to T&H Shopfitters
Francis V. Sobrevinas There is a well-known Latin maxim: Respice, Adspice, Prospice (Examine the past, examine the present, examine the future). Guided by this wise saying, the present article will briefly examine some selected cases and attempt to trace the inception and development of the doctrine that unfair labor practice (ULP) relates to the commission of acts that transgress the workers’ right to organize. In law school, we learned that a ULP is an unlawful act by the employer or labor union, defined as such under the Labor Code,...
read moreTemporibus Inserviendum:* IN TERMINATION DISPUTES, THE REGULAR COURTS FOR CORPORATE OFFICERS AND THE NATIONAL LABOR RELATIONS COMMISSION FOR NON-CORPORATE OFFICERS
Francis V. Sobreviñas** November 22, 2013 marked the 100th birth anniversary of Cecilia Muñoz Palma, the first woman associate justice of the Supreme Court of the Philippines, who is best remembered for questioning the imposition of martial law and denouncing human rights violations. Madam Justice Palma later on became President of the Constitutional Commission and, through her leadership and wise counsel, the Commission succeeded in drafting a constitution that...
read moreFROM MANILA HOTEL TO LEGEND: THE MUSICIAN AND HIS STATUS IN THE PHILIPPINE ENTERTAINMENT INDUSTRY
Francis V. Sobreviñas* “Music is our oldest form of expression, older than language or art; it begins with the voice, with our overwhelming need to reach out to others. In fact, music is man far more than words, for words are abstract symbols which convey factual meaning. Music touches our feelings more deeply than most words and makes us respond with our whole being. x x x (Music) is… that unique human gift, both creative and recreative, which draws on our ability to synthesize discovery with memory. As long as the human...
read moreTeng v. Pahagac: “Where Congress has not clearly required exhaustion, sound judicial discretion governs, guided by congressional intent.” Quid hoc sibi vult? *
* Francis V. Sobreviñas** It has been said that the test of a good voluntary arbitration award is its unqualified acceptance by the parties to the case. Acceptance can be inferred when no appeal is taken by either party during the prescribed period of ten (10) calendar days from the release of the decision of the Voluntary Arbitrator (VA).This also means that both the complainant and respondent agree to comply with the terms of the award without waiting for the coercive persuasion of a writ of execution. Unfortunately, not all the parties...
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