Paulino Ungos III's Podcast
Episodes
Episode 68: Whole Again
23 Jul 2025
Contributed by Lukas
#AMYingForExcellence The principles relating to computation of separation pay and backwages are illustrated in a case penned by your Bar Chair.The cas...
Episode 67: Recomputation of Accrued Benefits and Immutability of Judgment
08 Jul 2025
Contributed by Lukas
#AMYingForExcellence May an employee be granted a recomputation of an award of backwages, separation pay, and other benefits that she has already rece...
Episode 66: The Law Prescribes the Parties’ Employment Relationship
26 Jan 2025
Contributed by Lukas
#AMYingForExcellence Were the complainants in this case declared employees of a fitness company? Check out the case of Escauriaga v. Fitness First, Ph...
Episode 65: Appalling Disregard of Physical Safety and Property
24 Jul 2024
Contributed by Lukas
#BarNiJLo2024 The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid?...
Episode 64: Nothing Contradictory Between a Definite Employment Period and the Nature of the Employee’s Duties
17 Jul 2024
Contributed by Lukas
#BarNiJLo2024 The complainants in this case claimed to be regular employees of the company since they performed services necessary and desirable to it...
Episode 63: I Skipped Work as I Felt Sick
10 Jul 2024
Contributed by Lukas
#BarNiJLo2024 The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid? Verizon Communications Phi...
Episode 62: Jurisdiction of the Labor Arbiter and the POEA
16 Jun 2024
Contributed by Lukas
#BarNiJLo2024 The employer mentioned that an order of dismissal was issued by the POEA in a case filed by the employees against it. Should such order ...
Episode 61: Consequences of Deliberate Concealment
24 Apr 2024
Contributed by Lukas
#BarNiJLo2024 Check whether the seafarer was successful in his claim of permanent total disability benefits against his employer. Trans-Global Mariti...
Episode 60: No Second Contract, No Substitution
10 Apr 2024
Contributed by Lukas
#BarNiJLo2024 Was the employer’s denial of contract substitution in this case given credence by the Supreme Court? Fil-Expat Placement Agency, Inc. ...
Episode 59: Genuine Loss of Trust and Confidence
27 Mar 2024
Contributed by Lukas
#BarNiJLo2024 Check whether the employer succeeded in justifying its decision to dismiss an employee on the ground of loss of trust and confidence. M...
Episode 58: Based on Two Supreme Court Decisions, the Contractor Is Legitimate
20 Mar 2024
Contributed by Lukas
#BarNiJLo2024 Can a contractor be declared legitimate based solely on the doctrine of stare decisis? Conjusta v. PPI Holdings, Inc., G.R. No. 252720...
Episode 57: The President’s Approval of the Grant of CBA Benefits Was Presumed Under Article 4
13 Mar 2024
Contributed by Lukas
#BarNiJLo2024 Was the GOCC in this case justified in suspending the implementation of the increases of salary and benefits in the renegotiated CBA? ...
Episode 56: Just a Lessor; Not an Employer
13 Jan 2024
Contributed by Lukas
#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Abelardo lost the case filed against him before the Office of the Labor Arbiter and was decla...
Episode 55: Prima Facie Evidence of Employee’s Claim
21 Aug 2023
Contributed by Lukas
#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Learn whether this employee was granted his claims of overtime pay and premium pay for holida...
Episode 54: But the OFW Directly Communicated with the Principal and without the Knowledge of Its Agent
24 Jul 2023
Contributed by Lukas
#HernanDoIt #Bar2023 The local manning agent asserted that the OFW directly transacted with the principal without its knowledge. Did the Supreme Court...
Episode 53: Judicious Admission of Evidence on Appeal
09 Jun 2023
Contributed by Lukas
#HernanDoIt #Bar2023 The employer argued that just cause attended her decision to dismiss the employee from service, but she was able to introduce sup...
Episode 52: The Foreign Company Is a Major Stockholder of the Local Company
02 Jun 2023
Contributed by Lukas
#HernanDoIt #Bar2023 Find out whether the complainants (who were hired by a foreign company) were granted their claim of illegal dismissal allegedly d...
Episode 51: But the Employee Assaulted a Co-Worker Inside Company Premises
17 May 2023
Contributed by Lukas
#HernanDoIt #Bar2023 The employer claimed that it dismissed its employee for just cause because the latter assaulted a co-employee within company prem...
Episode 50: The Employee Rejected My Offer of Reinstatement
10 May 2023
Contributed by Lukas
#HernanDoIt #Bar2023 The National Labor Relations Commission modified the computation of backwages and separation pay to an illegally dismissed employ...
Episode 49: We Were Told That Our Employment Was Terminated
02 May 2023
Contributed by Lukas
#HernanDoIt #Bar2023 In asserting that they were illegally dismissed from employment, the employees in this case stated that they were verbally inform...
Episode 48: But My Motion to Reduce Bond was Impliedly Approved by the NLRC
19 Apr 2023
Contributed by Lukas
#HernanDoIt #Bar2023 In one case, the National Labor Relations Commission was unable to act on the Motion to Reduce Bond filed by the employer, but it...
Episode 47: Employee Quitclaims vis-à-vis Nominal Damages
08 Mar 2023
Contributed by Lukas
#HernanDoIt #Bar2023 The NLRC and the CA found that the requirements of procedural due process in the employee’s dismissal were not complied with. W...
Episode 46: Effect of the Death of a Complainant to a Pending Suit for Illegal Dismissal
22 Feb 2023
Contributed by Lukas
In this case, find out why an illegal dismissal complaint cannot be classified like an ordinary civil action insofar as the effect of death of any of ...
Episode 45: Regardless of the Cause of Repatriation
15 Feb 2023
Contributed by Lukas
#HernanDoIt #Bar2023 In one case, the LA ruled that the mandatory 3-day reporting requirement does not apply if repatriation results from the expirati...
Episode 44: He Is Not Our Employee
07 Feb 2023
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt The complainant presented pay slips and trip itineraries to support his assertion that he was an employee of the compa...
Episode 43: But They Agreed to be Engaged as Independent Contractors
26 Jan 2023
Contributed by Lukas
In this case, the Supreme Court held that when the status of the employment is in dispute, the employer bears the burden to prove that the workers are...
Episode 42: A Liberal Interpretation of the Rules Is Primarily Granted for the Employee’s Favor
18 Jan 2023
Contributed by Lukas
#HernanDoIt #Bar2023 In its appeal, the employer asserted that it was neither given summons relating to the employee’s amended complaint, nor notifi...
Episode 41: A Prejudicial Transfer
21 Nov 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt The employer asserted that its business was slowing down and that it dismissed the complainant on the ground of redund...
Episode 40: But the Claims Exceeded Php5,000.00
26 Oct 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt Bus drivers and conductors filed a complaint against their employer for money claims before the Office of the Labor Ar...
Episode 39: Admitted the Due Issuance of the Certification
18 Oct 2022
Contributed by Lukas
The accused pointed out that the POEA certification (which the trial court relied on in convicting him of the crime of illegal recruitment in large sc...
Episode 38: Employment Status the Day Before the Occurrence of the Strike or Lockout
13 Oct 2022
Contributed by Lukas
The redundancy program was found to be valid and the employer was not found to have committed unfair labor practice. Learn why the employer was still ...
Episode 37: Not a Mere Run-of-the-Mill Employee
04 Oct 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt The instructor in this case claimed to have completed her probationary period. Learn why the Court did not consider he...
Episode 36: An Employer’s Last Resort
27 Sep 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt Why was the dismissal of this employee declared to be illegal despite proof of her violation of company policy? ...
Episode 35: Lone Act of Hostility
19 Sep 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt The employer in this case concluded that the employee, who went on an unapproved leave of absence, had already abandon...
Episode 34: Circumstances Revealed Voluntary Resignations
13 Sep 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt Upon being informed that they will be dismissed from employment, the employees tendered their resignation. Will an ass...
Episode 33: Stubborn Unwillingness to Return to Work
06 Sep 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt Why was constructive dismissal not declared by the Supreme Court in this case? Dela Torre v. Twinstar Profession...
Episode 32: A Blank Form with a Checklist
30 Aug 2022
Contributed by Lukas
Illegal Dismissal was not among the causes of action at issue in the employee's complaint filed before the NLRC. Will the labor tribunals be precluded...
Episode 31: Minimum Salary Rates as a Management Prerogative
23 Aug 2022
Contributed by Lukas
Can the employer in this case refuse to implement its Local Policy which provides for minimum salary rates to regularized employees? Del Monte F...
Episode 30: Perfection of Appeals and Article 128
16 Aug 2022
Contributed by Lukas
With regard to the visitorial and enforcement power under Article 128 of the Labor Code of the Philippines, does the Department of Labor and Employmen...
Episode 29: No Danger to the Safety of the Crew or Vessel
09 Aug 2022
Contributed by Lukas
In justifying its decision to dismiss the employee, the employer claimed that the employee posed a clear and existing danger to the safety of the crew...
Episode 28: Existence of the Right to Control the Manner of Doing the Work
02 Aug 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt Does the control test call for the actual exercise of the right to control the manner by which a person does his work?...
Episode 27: But Their Services Were Coterminous with Their Assigned Projects
25 Jul 2022
Contributed by Lukas
#HernanDoIt #Bar2023 #WeCanDoIt Can an employer’s service contract with another company prove an employee’s project employment status? Jover...
Episode 26: To Have Enough of Enough...
17 Jul 2022
Contributed by Lukas
#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Learn whether the car plan provided by the employer had ripened into company practice. Home...
Episode 25: A Verbal Notice of the Seafarer’s Disability Rating Is Not Enough
10 Jul 2022
Contributed by Lukas
Learn why the Supreme Court still awarded permanent total disability benefits despite the employer's claim that the seafarer was informed of his disab...
Episode 24: Appeal Bonds and Insolvency Proceedings
03 Jul 2022
Contributed by Lukas
Find out why the SC ruled the dismissal of the employer’s appeal to be erroneous despite the showing of a failure to post an appeal bond. Karj...
Episode 23: Unfit to Work as a Seaman
26 Jun 2022
Contributed by Lukas
The third doctor in this case declared the claimant’s unfitness to work as a seafarer. Should the claimant be granted total permanent disability ben...
Episode 22: A Long-Standing Practice
19 Jun 2022
Contributed by Lukas
Find out how this employee successfully claimed retirement benefits despite the employer’s lack of a written retirement plan. Beltran v. AMA C...
Episode 21: I Didn’t Report for Work Because You Failed to Answer My Query
12 Jun 2022
Contributed by Lukas
The employee was not found to have committed insubordination and gross and habitual neglect of duty. Find out why her dismissal was still ruled to be ...
Episode 20: But He Only Performed “Non-Core” Functions
05 Jun 2022
Contributed by Lukas
In supporting its assertion of legitimate contracting, the principal alleged that the complainant only performed non-core functions of its business. W...
Episode 19: Considered Neither the Intent Nor the Origin of the Gift
29 May 2022
Contributed by Lukas
The employee in this case contended that his dismissal was illegal for being based on a vague company rule. Did the Supreme Court agree? De Leon...
Episode 18: The Liability Continues...
22 May 2022
Contributed by Lukas
Learn why this manning agency was not held liable for the seafarer’s claims despite having executed an Affidavit of Assumption of Responsibility. Or...
Episode 17: Supervening Events Made It Impossible for Me to Reinstate My Employee
15 May 2022
Contributed by Lukas
Learn why the Supreme Court in this case rejected the employer’s contention that supervening events prevented it from reinstating its employee. ...
Episode 16: But “Backwages” Is Awarded Only to an Illegally Dismissed Employee
08 May 2022
Contributed by Lukas
In a case, the Supreme Court reiterated the principles relating to the powers of the Secretary of the Department of Labor and Employment in national i...
Episode 15: Filing a Strike Notice to Conceal the Illegality of the Strike
01 May 2022
Contributed by Lukas
In a case, the Supreme Court reiterated the mandatory requirements for a valid strike. Bigg’s, Inc. v. Boncacas, G.R. Nos. 200487 & 200636, Marc...
Episode 14: The Seafarer Received His Medical Report When the Parties Filed Their Position Papers
24 Apr 2022
Contributed by Lukas
Learn why the Supreme Court refused to accept the employer's assertion that the seafarer failed to follow the third doctor referral procedure under th...
Episode 13: IDs, Uniforms, and Vague Affidavits
17 Apr 2022
Contributed by Lukas
The respondent in a complaint for illegal dismissal pointed out that a different person was the employer of the complainant. Did the Supreme Court uph...
Episode 12: Get Out!
10 Apr 2022
Contributed by Lukas
The employee alleged that his employer asked for his resignation. Will this be enough to declare the illegality of his dismissal from employment? ...
Episode 11: Inconsistent Evidence and Unexplained Material Facts
03 Apr 2022
Contributed by Lukas
Find out why this employee was declared to have been illegally dismissed from employment even when witnesses of the employer testified to the employee...
Episode 10: General Return-to-Work Orders
27 Mar 2022
Contributed by Lukas
Can an employer’s general return-to-work order be a defense against a claim of constructive dismissal? Seventh Fleet Security Services, Inc. v...
Episode 9: We Validly Placed Our Employee on Floating Status
13 Mar 2022
Contributed by Lukas
Learn the requirements for validly placing an employee on floating status. Airborne Maintenance and Allied Services, Inc. v. Egos, G.R. No. 2227...
Episode 8: We Laid the Employee Off to Re-assess His Qualifications
06 Mar 2022
Contributed by Lukas
The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unrea...
Episode 7: His Position Became Unnecessary upon Shipment Completion
07 Jan 2022
Contributed by Lukas
Find out why the Supreme Court declared the illegality of the employee’s dismissal from employment despite the employer’s notice to the DOLE and t...
Episode 6: Dismissal of Employees for Minor Offenses
07 Jan 2022
Contributed by Lukas
Although employers have the inherent right to discipline their employees, the penalties imposed must be commensurate to the infractions committed. Dis...
Episode 5: No Alternative But to Implement a Retrenchment Program
30 Oct 2021
Contributed by Lukas
Find out why the Supreme Court declared the illegality of the employee’s dismissal even if the employer’s business was adversely affected by the 2...
Episode 4: Expletives, Dismissals, and Unfair Labor Practices
30 Oct 2021
Contributed by Lukas
Whether an expletive constitutes serious misconduct that warrants a dismissal from employment will depend on the context of the phrase’s use. ...
Episode 3: Totality of Circumstances and Constructive Dismissals
30 Oct 2021
Contributed by Lukas
The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also...
Episode 2: My Supervisor Committed Sexual Harassment, Not Me
30 Oct 2021
Contributed by Lukas
Find out why an employer was still held liable for constructive dismissal even if it had no hand in the sexual harassment committed by its supervisor....
Episode 1: Returning to the Same Employer
30 Oct 2021
Contributed by Lukas
When an illegally dismissed employee is reinstated, should he be considered a new hire? Cuadra v. San Miguel Corp., G.R. No. 194467, July 13, 20...