Documente Academic
Documente Profesional
Documente Cultură
Panganiban, C.J., Ynares-Santiago, Austria-Martinez and Callejo, Sr., JJ., concur. 23.Land Bank of the Philippines v. Court of Appeals, supra note 21.
24.Land Bank of the Philippines v. Continental Watchman Agency
Incorporated, supra note 22.
Footnotes 25.335 Phil. 1066 (1997).
26.Id.
1.Penned by Associate Justice Rosmari D. Carandang with Associate Justices
Mercedes Gozo-Dadole and Juan Q. Enriquez, Jr., concurring; rollo, pp. 27.A.F. Sanchez Brokerage, Inc. v. Court of Appeals, G.R. No. 147079, 21
27-35. December 2004, 447 SCRA 427, 436, citing Land Bank of the
Philippines v. Court of Appeals, supra note 18 at 482.
2.Penned by Commissioner Ireneo B. Bernardo with Presiding Commissioner
Lourdes C. Javier and Commissioner Tito F. Genilo, concurring; id. at 28.Rollo, p. 103.
151-161.
29.218 Phil. 719, 726 (1984).
3.Penned by Acting Executive Labor Arbiter Pedro C. Ramos, id. at 128-150.
30.Among the characteristics of the managerial rank are: (1) he is not subject to
4.Id. at 36-37. the rigid observance of regular office hours; (2) his work requires the
consistent exercise of discretion and judgment in its performance; (3)
5.Id. at 50. the output produced or the result accomplished cannot be standardized
6.Id. at 51. in relation to a given period of time; (4) he manages a customarily
recognized department or subdivision of the establishment, customarily
7.Id. at 52. and regularly directing the work of other employees therein; (5) he
either has the authority to hire or discharge other employees or his
8.Id. at 73. suggestions and recommendations as to hiring and discharging,
9.Id. at 74-75. advancement and promotion or other change of status of other
employees are given particular weight; and (6) as a rule, he is not paid
10.Id. at 94-95. hourly wages nor subjected to maximum hours of work.
13.Id. at 163-164. 33.Article 245. Ineligibility of Managerial Employees to join any labor
organization; Right of Supervisory Employees. Managerial
14.Id. at 34. employees are not eligible to join, assist or form any labor organization.
Supervisory employees shall not be eligible for membership in a labor
15.Id. at 241-260.
organization of the rank-and-file employees but may join, assist or form
16.People v. Court of Appeals, G.R. No. 142051, 24 February 2004, 423 SCRA separate labor organizations of their own.
605, 612.
34.Aricle 248(a) of the Labor Code as amended.
17.Rivera v. Espiritu, 425 Phil. 169, 179-180 (2002).
35.Article 13, Section 3 of the 1987 Philippine Constitution.
18.Land Bank of the Philippines v. Court of Appeals, 456 Phil. 755, 785 (2003).
19.Id.
20.Id. at 481.