This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
https://746thfeaf.com/music https://open.spotify.com/artist/4pv6OK7a0IpNlYIe8Y4mmm?si=B51UnJJ6QHmRvFziE0Oc7w https://music.apple.com/us/artist/746-feaf/1536981458 https://pandora.app.link/W4GbXuglxqb https://deezer.page.link/wzN81222qPgx2E6N8 https://music.youtube.com/channel/UC1N9B9ct2aXR9NnPFi1MsUw?feature=gws_kp_artist&feature=gws_kp_artist
Colourised PIECE of JAKE
Software Partnership Event in Cebu
𝐉𝐮𝐧𝐞 𝟔, 𝟏𝟗𝟒𝟒
Join Refocus free webinar on Data Analytics. Our expert Benjamin Cabalona will tell you:
Join the free webinar. Don't miss your chance!
Advantages: Installation is suitable for all types of sinks, water tanks, and discharge systems.
https://www.buyphilip.online/vtdAtty. Hernani FabiaIn the evening of the same date, petitioner, accompanied by counsel, filed a police blotter for a complaint for unjust vexation against Pios.[17] The police blotter reads in full:
President
Philippine Nautical Training Institute
Sir,
This is to officially file my resignation effective March 2, 2011 as Director for Research and Course Development/AVP.
Thank you.
(Sgd) Flordaliza L. Grande
"One (1) Flordaliza Grande y Llanes, 36yo, M, (sic) Asst. Vice Pres. For Training and Dir. For Research and Dev't came here in our office to lodge her [complaint] against Frederick G. Pios Vice Pres. Corporate Affairs.;[18]
NOC: UNJUST VEXATION
x x x x
Facts of the case:
On or about cited DTPO complainant was called by Ms. Luchi Banaag for meeting by Mr. Frederick G. Pios (suspect) at the office. Mr. Pios was telling her that there were some unfounded anomalies discovered and being attributed to her; complainant was shocked upon hearing the same. With this, he forced the complainant to file resignation from employment, and in return made her [assurance] to absolve from the said unfounded anomalies, complainant considering that she was being accused of unfounded anomalies, she was force (sic) to succumb to the order and execute her resignation letter immediately, and Mr. Pios (suspect) uttered that he was following orders from the President of PNTC Colleges, Hernani Fabia-President, as narrated by complainant."
WHEREFORE, judgment is hereby made finding the complainant's claim of forced resignation established by substantial evidence. Concomitantly, her resignation of March 1, 2011 is hereby declared null and void, and by way of restoring thestatus quo, the respondent school is ordered to reinstate her to her former or substantially equivalent position without loss of seniority rights but without backwages. In case the complainant does not want to be reinstated, she may, upon her option, accept, in lieu of reinstatement, a separation pay amounting to P75,000.00 (her half month salary of P25,000.00 multiplied by three (3) years of service), plus ten percent (10%) thereof as attorney's fees.
In the petition, petitioner averred that respondent did not present any new argument in its motion for reconsideration before the CA as to warrant the reversal of the Decision of the CA dated March 27, 2013. She stressed that she had no real intention of leaving her employment. She was really surprised and shocked when she was forced to resign despite having "wholeheartedly" served the school for years. Her resignation letter which she described as "simply worded" signified her involuntariness in the execution of the document. It was the "undue influence and pressure" exerted upon her by respondent that compelled her to submit the resignation letter. That was the reason why she immediately filed the case for illegal dismissal the day after she tendered her resignation letter. Also, petitioner attached in her petition the Special Cash Audit Report dated March 11, 2011[27] which was the result of the audit conducted on the PNTC upon its request. The report shows that it is the VP for Training/Registrar who was made to account for the irregularity in the collection reports.
I
x x x The Court of Appeals seriously erred in issuing CONFLICTING DECISIONS (Decision dated 27 March 2013 and Amended Decision dated 7 November 2013) composed by the same set of Division Members although the Motion for Reconsideration filed by the private respondent did not present new arguments and/or facts (rather merely reiterating the arguments in the Petition for Certiorari) warranting a re-examination and re-evaluation of its earlier Decision.
II
x x x The Court of Appeals seriously erred in considering the Petition for Certiorari filed by the private respondents despite the absence of any grave abuse of discretion on the part of the Labor Arbiter a quo and NLRC, Sixth Division.[26]
12.7. The action ofGrande was premeditated. There was no threat employed upon her. Prior to her resignation, PNTC found out that there were discrepancies in the enrollment reports signed by Grande and the system database of PNTC as to the list of enrollees. Likewise, there were enrollment reports signed by GRANDE stating that her husband, Nelson Grande, was the assigned professor to a particular course when the latter was, actually, abroad. When confronted with these discrepancies, GRANDE resigned from work and even filed a complaint for unjust vexation apparently to avoid any legal suit to be filed by PNTC against her and to cover up for her misdeeds and that of her husband, x x x.[35]
12.4. The clearance obtained by GRANDE is of no moment. At the time GRANDE resigned and obtained her clearance, the investigation as to those who are liable for the anomalous activities was still ongoing. x xx[37]
x x x. Not a scintilla of evidence was adduced to convinced the labor tribunal that respondent was not illegally terminated. While petitioner argued that the excerpt on the conversation which transpired between respondent and Pios is untrue, this however, was not effectively refuted.The failure of Pios or Fabia to submit an affidavit to disprove that a conversation had actually taken place is fatal, for the burden to prove the fact of resignation lies with the employer.
x x x It would have been illogical for herein petitioner to resign and then file a complaint for illegal dismissal. Resignation is inconsistent with the filing of the said complaint.[46]
";Pios: Flor, do you have any idea on why I need to talk to you now? Actually, yung mga nangyayaring gayon, medyo nainvolve ka eh.
It is unfathomable how respondent could actually recount every word that was said by her and Pios. To be able to quote such a detailed conversation that was not even recorded or transcribed is absurd, to say the least. As memory is, most often than not, fleeting and momentary, evidentiary weight cannot as easily be accorded to it.We are not persuaded by the reasoning of the CA. While indeed there was no employment of force from the language used by Pios, We are convinced that there was the presence of undue influence exerted on petitioner for her to leave her employment. The conversation showed that respondent wanted to terminate petitioner's employment but would want it to appear that she voluntarily resigned. Undue influence is defined under Article 1337 of the Civil Code, thus:
x x x x
Again, even assuming that the quoted conversation actually took place, no indication of threat or force can be adduced from the language used by Pios. He did not even warn respondent that she will be terminated if she refused to resign. Quite telling, the conversation between Pios and respondent may well be regarded as a discussion on the irregularities that took place in the company rather than a confrontation to force respondent to resign. There was no clear act of discrimination, insensibility or disdain on the part of Pios so as to force respondent to resign and sever her employment from the company, x x x.
Respondent's eventual act of resigning and thereafter causing the matter to be recorded in the police blotter are appreciated as a well thought-out plan carried out in order to preempt the investigation conducted by petitioner. In fact, right after she tendered her resignation, respondent wasted no time in obtaining a clearance from the different offices of petitioner which left the latter with no sufficient time to verify if she had a hand in the illegal schemes.[53]
Art. 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered; the confidential, family, spiritual, and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress.[54]As correctly observed by the LA, petitioner's resignation immediately tendered after the conversation is not voluntary. With an order coming from the President of PNTC, no less, undue influence and pressure was exerted upon petitioner.
photo Christie's
products in the marketplace. In order to avoid purchasing a counterfeit item, we recommend that you purchase your jeans from Levi.com.ph or from one of our authorized Levi's retailers. jeans:
: Gina Sarmiento) | via Hernel Tocmo National Museum of the Philippines (2022)