Professional Documents
Culture Documents
City Manila City Treasurer Judge Amador E. Gomez Manila Esso Philippines, Inc
City Manila City Treasurer Judge Amador E. Gomez Manila Esso Philippines, Inc
Chua- working in Irrigation - 6683 (new law providing for benefits for early
retirement) - due to streaming, or lessen the member of organization (offer to retire,
provided with preparation or retirement benefit), Apply for retirement and application
is denied.
Chua appeal to CSC, CSC denied application and retirement. Being co terminus
employee, project-hired. Facts show that Lydia Chua upon termination of 1 project
was hired again for another project for 15 yrs. Co terminus not enjoy the benefit of
tenure. 6683 is not granted because she is co-terminus with the project. Chua is hired
and re hired for successive period of 15 yrs.
No person shall be derive of life, liberty or property without due process of law nor
shall any person be denied of equal protection of law
Gen rule: when there is a doubt, the doubt is always resolved in favor of the
employees (labor law). they are the lesser sector of society in terms of resources.
In case of manantan, omitted the word of justice of the peace, but Casus omissus was
invoked by the defendant. So justice of peace are now prohibited from participating in
partisan politics. Order of dismissal is set aside.
Stare decisis - don’t disturb the rulings of the court or else there will be endless
litigation. It became final and executory