Synopsis: The burden of proof rests upon the party who asserts the affirmative of an issue. Since... more Synopsis: The burden of proof rests upon the party who asserts the affirmative of an issue. Since Valencia is claiming to be an employee of Classique Vinyl, it is thus incumbent upon him to proffer evidence to prove the existence of employer-employee relationship between them. He needs to show by substantial evidence that he was indeed an employee of the company against which he claims illegal dismissal. Meanwhile, it must be stressed that " in labor-only contracting, the statute creates an employer-employee relationship for a comprehensive purpose: to prevent a circumvention of labor laws. The contractor is considered merely an agent of the principal employer and the latter is responsible to the employees of the labor-only contractor as if such employees had been directly employed by the principal employer. The principal employer therefore becomes solidarily liable with the labor-only contractor for all the rightful claims of the employees. "
Synopsis: A charitable institution is not ipso facto tax exempt. It is required that it uses its ... more Synopsis: A charitable institution is not ipso facto tax exempt. It is required that it uses its property actually, directly and exclusively for charitable purposes and it must be operated exclusively for social welfare.
CASE TITLE: ASIAN INSTITUTE OF MANAGEMENT vs. ASIAN INSTITUTE OF MANAGEMENT FACULTY ASSOCIATION, ... more CASE TITLE: ASIAN INSTITUTE OF MANAGEMENT vs. ASIAN INSTITUTE OF MANAGEMENT FACULTY ASSOCIATION, G.R. No. 207971, January 23, 2017. BAR SUBJECT: LABOR LAW; REMEDIAL
Synopsis: The burden of proof rests upon the party who asserts the affirmative of an issue. Since... more Synopsis: The burden of proof rests upon the party who asserts the affirmative of an issue. Since Valencia is claiming to be an employee of Classique Vinyl, it is thus incumbent upon him to proffer evidence to prove the existence of employer-employee relationship between them. He needs to show by substantial evidence that he was indeed an employee of the company against which he claims illegal dismissal. Meanwhile, it must be stressed that " in labor-only contracting, the statute creates an employer-employee relationship for a comprehensive purpose: to prevent a circumvention of labor laws. The contractor is considered merely an agent of the principal employer and the latter is responsible to the employees of the labor-only contractor as if such employees had been directly employed by the principal employer. The principal employer therefore becomes solidarily liable with the labor-only contractor for all the rightful claims of the employees. "
Synopsis: A charitable institution is not ipso facto tax exempt. It is required that it uses its ... more Synopsis: A charitable institution is not ipso facto tax exempt. It is required that it uses its property actually, directly and exclusively for charitable purposes and it must be operated exclusively for social welfare.
CASE TITLE: ASIAN INSTITUTE OF MANAGEMENT vs. ASIAN INSTITUTE OF MANAGEMENT FACULTY ASSOCIATION, ... more CASE TITLE: ASIAN INSTITUTE OF MANAGEMENT vs. ASIAN INSTITUTE OF MANAGEMENT FACULTY ASSOCIATION, G.R. No. 207971, January 23, 2017. BAR SUBJECT: LABOR LAW; REMEDIAL
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BAR SUBJECT: LABOR LAW; REMEDIAL
BAR SUBJECT: LABOR LAW; REMEDIAL