Saturday, August 12, 2017

ROBINA FARMS CEBU / UNIVERSAL ROBINA CORPORATION v. ELIZABETH VILLA G.R. No. 175869, Apr 18, 2016

ROBINA FARMS CEBU / UNIVERSAL ROBINA CORPORATION  v. ELIZABETH VILLA
G.R. No. 175869, Apr 18, 2016
Topic: Overtime Pay, Overtime Work Authorization, Burden of proving entitlement to Overtime Pay
Labor Law Case Digest by John Paul C. Ladiao (12 August 2017)

FACTS:

Respondent Elizabeth Villa brought against the petitioner her complaint for illegal suspension, illegal dismissal, nonpayment of overtime pay, and nonpayment of service incentive leave pay in the Regional Arbitration Branch No. VII of the NLRC in Cebu City.

On April 21, 2003, Labor Arbiter Violeta Ortiz-Bantug rendered her decision finding that Villa had not been dismissed from employment.

Although ordering Villa's reinstatement, the Labor Arbiter denied her claim for backwages and overtime pay because she had not adduced evidence of the overtime work actually performed. The Labor Arbiter declared that Villa was entitled to service incentive leave pay for the period of the last three years counted from the filing of her complaint because the petitioner did not refute her claim thereon.

On February 23, 2005, the NLRC rendered its judgment dismissing the appeal by the petitioner but granting that of Villa.

The decision of the Labor Arbiter is REVERSED and SET ASIDE and a new one ENTERED declaring complainant to have been illegally dismissed. Consequently, respondents are hereby directed to immediately reinstate complainant to her former position without loss of seniority rights and other privileges within ten (10) days from receipt of this decision and to pay complainant Overtime Pay.

According to the NLRC, the petitioner's appeal was fatally defective and was being dismissed outright because it lacked the proper verification and certificate of non-forum shopping.

On September 27, 2006, the CA promulgated its assailed decision dismissing the petition for certiorari.

WHEREFORE, premises considered, the instant petition is hereby ordered DISMISSED for lack of merit. The assailed decision is AFFIRMED with MODIFICATION, in that petitioner Lily Ngochua should not be held liable with petitioner corporation.

The petitioner posits that the CA erroneously affirmed the giving of overtime pay and service incentive leave pay to Villa; that she did not adduce proof of her having rendered actual overtime work; that she had not been authorized to render overtime work; and that her availment of vacation and sick leaves that had been paid precluded her claiming the service incentive leave pay.

ISSUE 1:

Whether or not the burden of proving entitlement to overtime pay rests on the employer?

ISSUE 2:

Whether or not any employee could render overtime work without prior authorization by the management?

RULING:

No. The burden of proving entitlement to overtime pay rests on the employee.

No. Any employee can render overtime work only when there was a prior authorization by the management.

We partly agree with the petitioner's position.

Firstly, entitlement to overtime pay must first be established by proof that the overtime work was actually performed before the employee may properly claim the benefit. The burden of proving entitlement to overtime pay rests on the employee because the benefit is not incurred in the normal course of business. Failure to prove such actual performance transgresses the principles of fair play and equity.

And, secondly, the NLRC's reliance on the daily time records (DTRs) showing that Villa had stayed in the company's premises beyond eight hours was misplaced. The DTRs did not substantially prove the actual performance of overtime work. The petitioner correctly points out that any employee could render overtime work only when there was a prior authorization therefor by the management. Without the prior authorization, therefore, Villa could not validly claim having performed work beyond the normal hours of work. Moreover, Section 4(c), Rule I, Book III of the Omnibus Rules Implementing the Labor Code relevantly states as follows:

Section 4. Principles in determining hours worked. – The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:

    (a)
    x x x.
    (b)
    x x x.
    (c)
    If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor. (bold emphasis supplied)

    (d)      x x x.

Saturday, March 4, 2017

Last day of exhibit of the 18 meter life size 1:1 Gundam RX 78-2 statue in Gundam Front Tokyo in Diver City

Today is the last day of exhibit of the 18 meter life size 1:1 Gundam RX 78-2 statue in Gundam Front Tokyo in Diver City.

In remembrance of last November of 2015, was a dream come true experience together with my wife. 

Me as a Gundam & Anime fan, It was best thing I've ever seen in anything related to japanese anime. 

And to its last day today, I salute!


Tobeyo! tobeyo! tobeyo!
Ginga e mukatte
Tobeyo GUNDAM!
Kido senshi GUNDAM! GUNDAM!


video


video





























Saturday, February 25, 2017

Custom Transformers G1 Blaster Bluetooth Speaker, 100% working

my Custom Transformers G1 Blaster Bluetooth Speaker,
in 100% working capacity as a transforming wireless Bluetooth speaker.

video





Things that I used:

1. a G1 Blaster Transformer.


3. my hobby grade rotary tool


How i did it:

1. I opened and unscrewed my G1 Blaster's light leg part.


2. I marked and fit the speaker on it.



3. I cut the marked part and smoothed the hole on the right leg, using my rotary tools.







4. Fit and positioned the bluetooth speaker on the hole and glued.



.... and done :)








Monday, February 6, 2017

Cherry Blossoms / Sakura in Haradani-en Garden (原谷苑), Kyoto, Japan


Me and my wife together with our parents arrived nighttime in Dotonbori, Namba, Osaka on April 12, 2016, a couple of days too late for the cherry blossoms, and we didn't give up. All our efforts would come into waste if we cannot have this dream come true experience of cherry blossom viewing (hanami), which is Japan's most awaited seasonal spectacle, after all.

Researching the internet that night on japan-guide: http://www.japan-guide.com/e/e3951_late.html pointed us to: Haradani-en Garden (原谷苑) in Kyoto, Japan. It says that sakura / cherry blossoms there blooms full a few days beyond the end of the main season, located Northwest of central Kyoto. Since Kyoto Station is Just 15 minutes away from Shin-Osaka Station by bullet train, and we got Japan Rail passes that gives us unlimited shinkansen / bullet train rides all over Japan, it is very possible for us to catch the phenomenon there.

Haradani-en is an excellent spot to enjoy large numbers of later blooming weeping cherry trees. The pleasant garden is located in the northern outskirts of Kyoto in the hills above Kinkakuji Temple. Haradani-en Garden charges 1200 yen on weekdays or 1500 yen on weekends and holidays, 9:00am to 5:00pm

How we get there (Its easy and fast so I highly recommend it) :

1. We take the Kyoto City Bus from Kyoto Station to Kinkakuji (Golden Pavilion) Bus Stop.


2. We take taxi from Kinkakuji (Golden Pavilion) to Haradani-en Garden (原谷苑)
it wont cost much, its around 900 yen

We indeed had a very successful, and a dream come true experience of sakura / cherry blossom viewing (hanami), even though we arrived a couple of days too late for the cherry blossoms season, as the pictures below shows: