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Tag - Presumption of Regularity

28 May

Presumption of Regular Performance of Duty in Labor Cases in Relation to Serious Misconduct

For misconduct or improper behavior to be a just cause for dismissal, the following elements must concur: [Globe Telecom, Inc. vs. Ebitner, G.R. No. 242286, January 16, 2023 citing Sterling Paper Products Enterprises, Inc. vs. KMM-Katipunan, 815 Phil. 425 (2017)] (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and (c) it must have been performed with wrongful intent. In a case [...]

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22 Jun

Payroll Entries Enjoy the Presumption of Regularity but are Overthrown by Doubts on Their Genuineness

Payroll information enjoys the presumption of regularity as entries made in the course of business. However, this presumption of regularity may be effectively overthrown by evidence to the contrary. Hence, in the case of Ramiro Lim & Sons Agricultural Co., Inc., vs. Guilaran, et al. (G.R. No. 221967, February 6, 2019), the Supreme Court held that while it is true that entries in the payrolls enjoy the presumption of regularity, it is merely a disputable presumption that may be overthrown [...]

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