Log inLog in  LBPEA PublicationsLBPEA Publications  PORTAL VIEWPORTAL VIEW  HomeHome  RegisterRegister  
2018-2022 LBPEA PRESIDENT IS NANETTE LATI
SFAL PF HF RELEASE
December 15
Latest topics
» LBPEA NEB ATTENDS APPRECIATIVE LEADERSHIP SEMINAR
EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Nov 23, 2017 10:36 am by sonia

» HMO ENROLLMENT FOR 2018
EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Nov 22, 2017 9:24 am by sonia

» A message from LBPEA Visayas Director SONIA D. BROTARLO
EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Nov 16, 2017 10:30 am by sonia

A message from LBPEA Visayas Director SONIA D. BROTARLO
EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Nov 16, 2017 10:30 am by sonia
EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Sonia10

It has been two (2) years and six (6) months that this website was closed.  Many were disappointed with the closure but we have to keep up with the fast changing technology - facebook and twitter, among others.  
 
With the remaining one month and a half of my stint as Director for Visayas, I have been ruminative as to the manner of my “consummatum est” in LBPEA.  Thus  here I am re-opening the website pro hac vice for my grand exit. 
 
This is the medium where you first knew me and this is where I want to personally reach out to you to express my deepest and heartfelt “THANK YOU” for all the years that you trusted me. 
 


[ Full reading ]
Comments: 0
NEWS LINKS

 

 EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS

Go down 
AuthorMessage
semaj501



Number of posts : 280
Registration date : 2010-09-15

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 22, 2011 6:59 pm

I am again writing in this blog to share some knowledge on the subject. The CNA which is due to be signed by the parties tomorrow has this amended provision:

Sec. 2. Employees right during the pendency of disciplinary proceedings - The Bank agrees to review the existing guidelines governing the grant of non-statutory benefits provided by the Bank to employees to identify benefits that may be allowed for release during the pendency of an administrative case considering the purpose of the benefit, the nature and gravity of the offense charged and the imposable penalty for the offense xxx

This provision, in my opinion, is short of our expectation that altogether, benefits due to employees by reason of laws and rules musty be released even during the pendency of an administrative case filed against him/her. The suspension of the benefits is without factual and legal basis.

Reliance in Maaliw vs LBP is misplaced because the case did not reach the SC as it was only disposed of by the CSC, hence cannot be considered as part of the law of the land in consonance with Art. 8 of the Civil Code. It may not, therefore, be applied to other similar cases.

What is applicable is the case "The Board of Trustees of GSIS vs Albert Velasco and Mario Molina" decided by the SC on Feb. 2, 2011, GR No. 170463..

In this case Velasco and Molina as respondents were charged administratively with grave misconduct and were placed under preventive suspension for 90 days. During the pendency of the case, employee privileges particularly Salary Step Increment and Christmas Raffle Benefits granted by virtue of GSIS Res. No. 306 were suspended. Respondents requested GSIS for the implementation of the step increment and christmas raffle benefit which were denied. The reason advanced by GSIS is its internal rules (Res. Nos. 372 and 197):

Res No. 372 provides:
A. Step Increment
xxxxx
III. Specific Rules:
xxxx
3) The step increment adjustment of an employee who is on preventive suspension shall be
withheld until such time that a decision on the case has been rendered

Res. No. 197 approved by the Board which states:

B. On the disqualification from promotion of an employee with a pending admin case
To adopt the policy that an employee with pending admin case shall be disqualified from the
following during the pendency of the case:
a) Promotion;
b) Step Increment;
c) Performance-Based Bonus; and
d) Other benefits and privileges

Aggrieved, respondents filed a case for prohibition with prayer for preliminary injuction with RTC with grounded on violation of the right to be presumed innocent and punishment without hearing. RTC declared Res. No. 197 and 372 void ruling that respondents were entitled to all employees benefits as provided under the law by reason of their employment. Accorting to RTC, to deny respondents these employee benefits for the reason alone that they have pending admin cases is unjustified since it would deprive them of what is legally due them without due process of law, inflict punishment on them without hearing, and violate their right to be presumed innocent.

The case reached the SC where it was finally ruled that the RTC was correct in declaring respondents have the right to be presumed innocent until proven guilty. This means that an employee who has a pending administrative case filed against him is given the benefit of the doubt and is considered innocent until contrary is proven.

On final note, the SC stated that social legislation like the circular on the grant of step increment, being remedial character, should be liberally construed and administered in favor of the persons to be benefited. the liberal approach aims to achieve humanitarian purpose of the law in order that the efficiency and well-being of government employees may be enhanced.

THIS JURISPRUDENCE IS A LEGAL BASIS IN OVERTURNING THE CNA PROVISION ON THE SUBJECT!!! CALLING LBEA NEB TO LOOK INTO THIS VERY IMPORTANT ISSUE.....
Back to top Go down
genesis



Number of posts : 5
Registration date : 2010-12-17

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Tue Sep 27, 2011 10:27 pm

Thank you for the post. Wow you will make a great lawyer someday
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 8:15 am

Semaj501 is a lawyer. He is already a great lawyer for the rank and file employees of LANDBANK as shown by his numerous contributions in this website affecting the welfare of the ranks.

One of the best proposals he made was on the rights of the employees during pendency of admin cases in the recently concluded CNA negotiation. This proposal I was honored to defend during the negotiation and infact I particularly cited the ordeal that an employee in the Region 6 went through during the pendency of admin case just to convince the management that a revision has to be made on the guidelines on the suspension of benefits.



Last edited by sonia on Wed Sep 28, 2011 12:24 pm; edited 3 times in total
Back to top Go down
https://lbpea.forumotion.net
genesis



Number of posts : 5
Registration date : 2010-12-17

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 8:27 am

I hope that management will return d benefits they withheld especially the step increment knowing that withholding of that during pendency and even after the case resolution of an admin case is a violation of the right of an accused to be presumed innocent until proven otherwise. During the pendency of his case he should receive what the other employees are receiving. In turn those with admin case suffered a form of double punishment. Hope it will be restored to those people whose cases were already decided.
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 8:39 am

I am lauding Semaj501 on his latest legal find-the Molina Case. This is the latest jurisprudence on suspension of benefits decided by the Supreme Court on the case of a GSIS employee during pendency of admin case. This could have been our best legal basis for the lifting of suspension had this been presented during the negotiation. However, when Semaj501 gave this Molina case, the negotiation was already concluded. Although, this will not stop LBPEA from raising this matter to the management if only to protect the rights of the ranks.
Back to top Go down
https://lbpea.forumotion.net
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 10:22 am

thank you very much atty. james.

just this morning, we have recieved a fax copy of a memo from one of our member, who have a pending case, requesting the release of his withheld benefits. he had attached the said SC ruling on particular case as mentioned by atty. james. and we are really going to forward it to the MGT and have it considered. rest assured that we will do our best to address the matter.

once again, our deepest and sincere gratitude to atty. james who has been acting as our LABOR LAWYER. God bless you sir and all our members.
Back to top Go down
The Dreamer



Number of posts : 14
Registration date : 2011-08-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 10:55 am

Good AM Madam Sonia and Kapatid na Batman I had transmitted my memo letter request for the release of my suspended benefit thru JRS yesterday address to our President and c/o our LBPEA VP for Internal Affair MS. SHIRLEY MEERA and had it faxed to LBPEA Office today, may I ask for your assistance to intervene so that my letter will reach the office of the President the soonest possible time, Maraming salamat madam sonia & sir Batman for your continued support


Last edited by The Dreamer on Wed Sep 28, 2011 2:49 pm; edited 1 time in total
Back to top Go down
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 11:00 am

ikaw pala yun sir. na-receive na po namin ung fax mo kanina. we'll forward it to ms shirley for her endorsement.
Back to top Go down
The Dreamer



Number of posts : 14
Registration date : 2011-08-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 11:10 am

Thank you sir Batman, Madam Sonia & Kudos to Atty. SEMAJ501 who helped me in the preparation of that memo letter, sir batman please update me from time to time on the result of my request.
Back to top Go down
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 12:13 pm

ok sir. walang anuman po yun.
Back to top Go down
semaj501



Number of posts : 280
Registration date : 2010-09-15

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Sep 28, 2011 4:18 pm

ASPERILLA, Dominador O.
Re: Special Leave Benefits; Query
x--------------------------------------------x



RESOLUTION No. 992456

Dominador O. Asperilla, Officer-In-Charge, Human Resource and Management Department, Bangko Sentral ng Pilipinas, Manila seeks the Commission's ruling on whether or not a government employee who has a pending administrative case can avail of his special leave benefits. Additionally, clarification is requested with respect to Section 21(4), Rule XVI of Civil Service Commission Memorandum Circular No. 41, s. 1998 (Amendments to Rules I and XVI of the Omnibus Rules Implementing Book V of the Revised Administrative Code of 1987 or Executive Order No. 292).

The letter reads as follows:

"For purposes of clarification and uniformity in the application of Civil Service rules and regulations regarding leave matters affecting Bangko Sentral ng Pilipinas (BSP) employees, may we seek your official comment/opinion on whether or not a government employee who has a pending administrative case can avail of any of the special leave privileges, e.g. Birthday Leave, Wedding Anniversary Leave, Enrollment Leave and others.

"May we also be clarified on the intention of statement No. 4 of Section 21 of Rule XVI, amendments to the Omnibus Rules (CSC Res. No. 3142), which states as follows:

'(4) Special Leave privileges may be availed of by the official/employee when the occasion is personal to him and that of his immediate family.'

Fundamentally granted by the Philippine Constitution is the right to be presumed innocent until proven guilty (Section 14 (2), Article III, 1987 Philippine Constitution). This means that an employee who has a pending administrative case filed against him is given the benefit of the doubt and is considered innocent until the contrary is proven. And unless otherwise indicated, he is considered entitled to all the concomitant benefits pertaining to his position including special leave privileges. These are leave benefits granted to an employee to mark personal milestones or to attend to urgent or important filial and domestic responsibilities (Rule I [p] {13} of the Implementing Rules and Regulations of Book V of the Revised Administrative Code of 1987)…

In addition, Section 34 of the New Uniform Rules on Administrative Cases in the Civil Service specifically states that the pendency of an administrative case shall not disqualify respondents for promotion or from claiming maternity/paternity benefits.

All these indicate that a pending administrative case is not a bar to an employee's enjoyment of his official leave benefits.

As regards the interpretation of the phrase "personal to him", the same should be taken to mean that the reason invoked by the employee pertains to him alone like his own birthday, his relocation to another place, or his/his spouse's graduation.

On the other hand, the term "immediate family" refers to the spouse, children, parents, unmarried brothers and sisters and any relative under the same roof and dependent upon the employee for support (Rule I, No.4, Omnibus Rules on Leave).

WHEREFORE, the Commission hereby rules and so holds that the granting of special leave privileges to an employee with pending administrative case is allowed. Likewise, the phrase "personal to him and his immediate family" shall mean the employee himself, his spouse and children, including unmarried brothers and sisters or relatives living under the same roof and dependent upon the employee for support.

Quezon City, NOV 05 1999




CORAZON ALMA G. DE LEON
Chairman




THELMA P. GAMINDE JOSE F. ERESTAIN, JR.
Commissioner Commissioner




Attested by:


ARIEL G. RONQUILLO
Director III

Back to top Go down
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 10:38 am

mam sonia:

ang ganda ng dating mo. hehehe
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 2:18 pm

sir batman:

mga landbankers magaganda at gwapo naman talaga hehehe






Back to top Go down
https://lbpea.forumotion.net
terry



Number of posts : 59
Registration date : 2010-11-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 4:42 pm

may tama ka Batman, ganda ni mam sonia dyan. How I wish i could meet her personally.
Back to top Go down
The Dreamer



Number of posts : 14
Registration date : 2011-08-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 5:28 pm

tama ka dyan terry at batman gusto ko rin makadaupang palad ang magandang binibini nang LBPEA na nagsusulong nang ating kapakanan, mabuhay kayo madam sonia nawa'y dadami pa ang mga kagaya nyo na nagsusulong nang kapakanan nang nakakarami kayo ang bagong bayani nang ating henerasyon
Back to top Go down
yogi

yogi

Number of posts : 21
Registration date : 2011-06-22

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 5:32 pm

tama po kau jan......
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 6:16 pm

Sa mga gwapo dito na hindi nakapigil ng pagpuna sa mukha na yan salamat sa inyo. Paalala lang po wala tayong Beauty Contest dito so hindi po kailangan ang boto nyo hahaha.

Sa totoo lang po nilagay ko yan kasi mostly ng nakasama ko sa intramuros eh nagugulat pag magpakilala ako kasi sabi nila na matapang at malaking babae daw akala nila sa akin. Sabi ko looks could be deceiving, I may look sweet and harmless in person but when I write and speak I could be harmful hahaha.

Back to top Go down
https://lbpea.forumotion.net
Jocal

Jocal

Number of posts : 78
Registration date : 2011-03-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 6:36 pm

sonia wrote:


Sa totoo lang po nilagay ko yan kasi mostly ng nakasama ko sa intramuros eh nagugulat pag magpakilala ako kasi sabi nila na matapang at malaking babae daw akala nila sa akin. Sabi ko looks could be deceiving, I may look sweet and harmless in person but when I write and speak I could be harmful hahaha.




.. in person, parang Shalani pero kung magsalita, parang Senadora ba? hehehe (peace)!!!


Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Sep 29, 2011 7:49 pm

jlc084777 wrote:
sonia wrote:


Sa totoo lang po nilagay ko yan kasi mostly ng nakasama ko sa intramuros eh nagugulat pag magpakilala ako kasi sabi nila na matapang at malaking babae daw akala nila sa akin. Sabi ko looks could be deceiving, I may look sweet and harmless in person but when I write and speak I could be harmful hahaha.




.. in person, parang Shalani pero kung magsalita, parang Senadora ba? hehehe (peace)!!!





Please hwag lang po si Senadora Miriam Defensor Santiago although pareho kaming Ilongga hehehe




Back to top Go down
https://lbpea.forumotion.net
black man

black man

Number of posts : 111
Registration date : 2011-08-09

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Sep 30, 2011 6:20 am

bakit shalani ala shamcey nga eh
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Sep 30, 2011 8:52 am

black man, bilib pa naman ako sayo kasi sa mga posts mo dito isa kang tao na may panindigan at magaling ang pananaw pinapaniwalaan at respetado pa naman kita...pero nang makita mo lang ang mukha na yan biglang nagkamali yata ang pananaw mo hahaha

Paumanhin po sa mga bagong nag open ng topic na ito on "Employee's Right During the Pendency of Disciplinary Proceedings" hindi po naka angkop sa topic ang mga later posts kasalanan po ito ni sir batman hehe.
Back to top Go down
https://lbpea.forumotion.net
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Sep 30, 2011 11:06 am

patawarin nyo po ako kung nalihis ang topic natin. talagang ganyan lang po sa NEB. we really appreciate each other. hehehe.
Back to top Go down
terry



Number of posts : 59
Registration date : 2010-11-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Sep 30, 2011 12:24 pm

Idol Madam Sonia, mahirap naman kun puro seryoso lagi tayo d2. Paminsan minsan, klangan din natin ang ganito. Hehe!
Back to top Go down
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Sep 30, 2011 12:36 pm

tama ka mam terry. o diba ms sonia may mga kakampi na ko. hehehe.
Back to top Go down
doods



Number of posts : 85
Registration date : 2011-06-07

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Sat Oct 01, 2011 4:34 pm

ms. sonia..... pang teleserye pala ang beauty mo... pero mabagsik mg sulatttttttttt.... kaw na LBPEA prez...... promise!!!!
Back to top Go down
doods



Number of posts : 85
Registration date : 2011-06-07

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Sat Oct 01, 2011 4:34 pm

kelan ba kuha yan picture na yan.... bk naman HS time pa to ah.... joke!!!!
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Mon Oct 03, 2011 8:54 am

doods see me in person baka magulat ka mas younger looking ako kaysa picture ko hahaha...taken last april 2011 lang po yan
Back to top Go down
https://lbpea.forumotion.net
palosapis

palosapis

Number of posts : 102
Registration date : 2011-02-21

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Mon Oct 03, 2011 12:33 pm

doods, mas bata pa yan at mas maganda sa personal......segurado ako dyan....
Back to top Go down
doods



Number of posts : 85
Registration date : 2011-06-07

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 2:07 pm

@palosapis...... ser mukhang na inlove ah .................... hehehehehehe
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 2:29 pm

to avoid chaos in the website i changed my profile...namamasko lang po! hahaha!
Back to top Go down
https://lbpea.forumotion.net
batman_E289

batman_E289

Number of posts : 544
Age : 42
Registration date : 2010-10-28

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 2:34 pm

hindi mo na nakayanan ang kaguluhang naidulot ng iyong larawan sa ating mga kasamahan. hehehe.
Back to top Go down
terry



Number of posts : 59
Registration date : 2010-11-03

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 4:50 pm

madam sonia, please please pakiusap pakiusap put back yung pic profile mo!!!!!!







Para naman ma inspire kami d2 sa LBPEA site.....Very Happy
Back to top Go down
bankereg8



Number of posts : 112
Registration date : 2010-10-30

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 6:25 pm

Mam Sonia ha.... akala ko sa multo kalang takot!!!!

Takot ka rin palang magkagulo dito!!!!!!
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 7:22 pm

BANKEREG8 naman walang ganyanan alam ko ang multo sa intra tinutukoy mo hahaha. Alam ni Pete na hindi ako mag stay sa room sa intramuros alone dahil sa multo na yan babae kasi pero kung lalaki siguro pag tyagaan ko hahaha.

Hindi ko akalain na mukhang kagalang galang naman ang mga taga Tacloban LC na guys eh nag volunteer ba naman na samahan ako sa room. Biglang sira tuloy impression ko hahaha joke lang Pete.

Si Pete ng Tacloban LC ang pambato ng group nya sa financials during the Basic Credit magaling sya sabi ng mga kasama nya nasa intra din kasi ako ng mag seminar sila. Matatalino naman talaga mga LANDBANKERS eh.


Back to top Go down
https://lbpea.forumotion.net
black man

black man

Number of posts : 111
Registration date : 2011-08-09

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Oct 05, 2011 8:56 pm

merry xmas ang ganda naman nang deer
Back to top Go down
semaj501



Number of posts : 280
Registration date : 2010-09-15

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Thu Nov 10, 2011 6:51 pm

In a minute resolution of SC’s 1st Division dated September 14, 2011 (Maaliw vs LBP), it affirmed the decision of the CA stating to the effect that Maaliw could not be entitled to his monetary claims. It held that Land Bank had the right to set the conditions under which the entitlement of the fringe benefits it granted out of its liberality and benevolence to its employees. It went on in saying that under the circumstances, LBP might exclude from receiving such fringe benefits the employees with pending administrative charges unless exonerated.

In contrast, in a similar case (Molina vs GSIS) decided by SC on February 2, 2011, SC’s 2nd Division declared (through a decision) as void a BOD Resolution of GSIS which provides: “ The step increment adjustment of an employee who is on preventive suspension shall be withheld until such time that a decision on the case has been rendered (A.III.3, BOD Res. 372, Oct. 23, 2002). The SC affirmed the RTC’s ruling, thus: respondents were entitled to all employee benefits as provided under the law by reason of their employment. According to the trial court, to deny respondents these employee benefits for the reason alone that they have pending administrative cases is unjustified since it would deprive them of what is legally due them without due process of law, inflict punishment on them without hearing, and violate their right to be presumed innocent.

Similar issue raised in these 2 cases is the propriety of withholding fringe benefits of an employee by LBP/GSIS during the pendency of an administrative case. In LBP case, it was held that the bank has the right to set conditions of entitlement, meaning, it may validly suspend the grant of the fringe benefits given “out of liberality”. On the GSIS case, it was ruled that a policy withholding the step increment (a form of benefit) is void. Now, the question is, which of the opposing rulings will be a precedent for future cases in accord with the “stare decisis doctrine”?

To answer the question, it is important to know the distinction of a minute resolution from a decision. The constitutional requirement under the first paragraph of Section 14, Article VIII of the Constitution that the facts and the law on which the judgment is based must be expressed clearly and distinctly applies only to decisions, not to minute resolutions. A minute resolution is signed only by the clerk of court by authority of the justices, unlike a decision. It does not require the certification of the Chief Justice. Moreover, unlike decisions, minute resolutions are not published in the Philippine Reports. Finally, the proviso of Section 4(3) of Article VIII speaks of a decision. Indeed, as a rule, this Court lays down doctrines or principles of law which constitute binding precedent in a decision duly signed by the members of the Court and certified by the Chief Justice (Philippine Health Care Providers, Inc. v. Commissioner of Internal Revenue).

It is clear therefore that the answer is a decision. What is the effect of a minute resolution in other cases? With respect to the same subject matter and the same issues concerning the same parties, it constitutes res judicata (Bernarte, et al. v. Court of Appeals). However, if other parties or another subject matter (even with the same parties and issues) is involved, the minute resolution is not binding precedent (Phil. Healthcare Providers, Inc. vs CIR) .
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Nov 11, 2011 12:12 pm

The above post is another brilliant analysis loaded with latest jurisprudence of no other than the brilliant lawyer-Atty Semaj.

The importance of this issue on suspension of benefits during pendency of administrative case cannot be undermined because even as simple as admin case on tardiness could suspend our benefits.

As presented above by Atty Semaj, there are two contradicting decisions by the Supreme Court on suspension of benefits. Under the case of Maaliw vs LandBank, SC upheld the right of LANDBANK to withhold the benefits which is contradictory to the Molina vs GSIS decision which upheld the constitutional right of an employee on presumption of innocence as basis for declaring VOID the act of GSIS in withholding benefits during pendency of admin case.

The recent resolution is another flip flopping by the Supreme Court similar to the case of PALEA. We just hope that the COLA case will be spared from this latest trend in the SC.

The Maaliw case is a minute resolution while the Molina case is a decision as to which is important between the two Atty. Semaj made an exhaustive distinction between the two citing constitutional requirements and jurisprudence.

However for the sake of further discussion, I am considering the fact that LANDBANK will not observe the Molina case because in all probability the Maaliw case which upholds the authority of the bank to withhold the benefits will be followed.

Back to top Go down
https://lbpea.forumotion.net
genesis



Number of posts : 5
Registration date : 2010-12-17

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Nov 11, 2011 1:18 pm

I believe it is now time for the legal counsel of LBPEA to fight these rights of employees with pending admin case. If this will become a question of law we can have this resolved by the supreme court of which decision will stand to end any speculation once and for all.
Back to top Go down
BLITZ



Number of posts : 181
Registration date : 2011-06-29

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Fri Nov 11, 2011 6:09 pm

Good recommendation genesis, but who will initiate the move? I doubt if LBPEA will do it for us! Yung provisions nga ng CNA, hindi lahat faithfully complied. yan pa kaya
Back to top Go down
genesis



Number of posts : 5
Registration date : 2010-12-17

EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1Wed Nov 16, 2011 3:45 pm

Blitz just don't lose hope. Our set of LBPEA Officers are fighters.
Back to top Go down
Sponsored content




EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Empty
PostSubject: Re: EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS   EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS Icon_minitime1

Back to top Go down
 
EMPLOYEE'S RIGHT DURING THE PENDENCY OF DISCIPLINARY PROCEEDINGS
Back to top 
Page 1 of 1

Permissions in this forum:You cannot reply to topics in this forum
LBPEA Visayas :: NEWS ARCHIVE :: LBPEA NEWS :: UPDATE ON BENEFITS-
Jump to: