J.A.B. Bulao & Associates

CASE 2014-0038: AURELIO M. UMALI, PETITIONER, -VERSUS – COMMISSION ON ELECTIONS, JULIUS CESAR V. VERGARA, AND THE CITY GOVERNMENT OF CABANATUAN, RESPONDENTS. (G.R. NO. 203974); J.V. BAUTISTA, PETITIONER -VERSUS – COMMISSION ON ELECTIONS, RESPONDENT (G.R. NO. 204371) (VELASCO, JR., J., 22 APRIL 2014) (BRIEF TITLE: UMALI VS. COMELEC)

DISPOSITIVE:

“WHEREFORE, premises considered, the Petition for Certiorari, docketed as G.R. No. 203974, is hereby GRANTED. COMELEC Minute Resolution No. 12-0797 dated September 11, 2012 and Minute Resolution No. 12-0925 dated October 16, 2012 are hereby declared NULL and VOID. Public respondent COMELEC is hereby enjoined from implementing the said Resolutions. Additionally, COMELEC is hereby ordered to conduct a plebiscite for the purpose of converting Cabanatuan City into a Highly Urbanized City to be participated in by the qualified registered voters of Nueva Ecij a within 120 days from the finality of this Decision. The Petition for Mandamus, docketed as G.R. No. 204371, is hereby DISMISSED.

SO ORDERED.”

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SCD-2014-0038-APR 2014-UMALI

CASE 2014-0037: ABBOTT LABORATORIES, PHILIPPINES, CECILLE A. TERRIBLE, EDWIN D. FEIST, MARIA OLIVIA T. YABUT- MISA, TERESITA C. BERNARDO, AND ALLAN G. AL MAZAR, Petitioners, -versus – PEARLIE ANN F. ALCARAZ, Respondent. (G.R. No. 192571, 22 APRIL 2014, PERLAS-BERNABE, J.) SUBJECT/S: MOTION FOR RECONSIDERATION. (BRIEF TITLE: ABBOT LABORATORIES ET AL VS. ALCARAZ)

DISPOSITIVE:

“WHEREFORE, the motion for reconsideration dated August 23, 2013 of the Court’s Decision dated July 23, 2013 in this case is hereby DENIED.

SO ORDERED.”

 SUBJECTS/DOCTRINES/DIGEST:

RESPONDENT ALCARAZ ARGUES THAT SC SHOULD NOT HAVE REVIEWED EVIDENCE BUT ONLY CONSIDERED  QUESTIONS OF LAW. SC SHOULD ONLY HAVE DETERMINED WHETHER OR NOT CA PROPERLY DETERMINED THAT NLRC COMMITTED GRAVE ABUSE OF DISCRETION. IS HER CONTENTION CORRECT?

YES. BUT SC FOLLOWED SUCH RULE. IT FOUND OUT THAT CA COMMITTED ERROR IN HOLDING THAT NLRC DID NOT COMMIT GRAVE ABUSE OF DISCRETION CONSIDERING THAT NLRC DISREGARDED THE ATTENDANT CIRCUMSTANCES IN THIS CASE WHICH SHOW THAT ALCARAZ WAS APPRISED OF TWO THINGS: FIRST, WHAT HER DUTIES AND RESPONSIBILITIES ARE AND SECOND, HER STATUS AS PROBATIONARY EMPLOYEE. BY FAILURE TO PERFORM HER DUTIES, SHE FAILED TO MEET THE STANDARDS MADE KNOWN TO HER AT THE TIME OF HER EMPLOYMENT. (NOTE: IN OTHER WORDS, SC STILL DEALT WITH QUESTION OF LAW WHICH IS: WHETHER THE RIGHT LEGAL VIEW OF WHAT THE “STANDARDS” SHOULD BE  WAS  APPLIED IN EVALUATING THE ATTENDANT CIRCUMSTANCES.)

WHAT IS MEANT BY FAILURE TO MEET STANDARDS MADE KNOWN AT THE TIME OF HIRING WHICH CONSTITUTES GROUND FOR NON-REGULARIZATION?

IT CAN MEAN THAT AT THE TIME OF HIRING THE EMPLOYEE IS INFORMED OF HIS DUTIES AND RESPONSIBILITIES AND HE FAILED TO PERFORM THEM.

(NOTE: IN THIS CASE IT APPEARS THAT THE CONCEPT OF STANDARDS IS GENERALIZED. MERE FAILURE TO PERFORM DUTIES AND RESPONSIBILITIES MEANS NOT MEETING STANDARDS. ALSO, IT IS INTERESTING TO CONSIDER THAT   IN THE CASE OF REGULAR EMPLOYEES, MERE FAILURE TO PERFORM IS NOT NECESSARILY GROUND FOR DISMISSAL SINCE THE JUST GROUNDS ARE SPECIFIC. IN THE CASE OF PROBATIONARY EMPLOYEES, MERE FAILURE TO PERFORM MEANS DISMISSAL (OR NON-REGULARIZATION) FOR FAILURE TO MEET STANDARDS. THIS  APPEARS TO BE THE NEW CLARIFICATION ESTABLISHED IN THIS THIS RULING.)

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SCD-2014-0037-APR 2014-ABBOT LAB

CASE 2014-0036: RESOLUTION ON THE MOTION FOR RECONSIDERATION OF SC FEB 18, 2014 DECISION ON THE CYBERCRIME PREVENTION ACT OF 2012 (R.A. 10125) (22 APRIL 2014, ABAD, J.)

DISPOSITIVE:

“WHEREFORE, the Court DENIES with finality the various motions for reconsideration that both the petitioners and the respondents, represented by the Office of the Solicitor General, filed for lack of merit.

SO ORDERED. ”

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SCD-2014-0036-APR 2014-CYBERCRIME PREVENTION ACT