Furthermore, private respondent was required to explain and defend himself. The first notice required Galanida to explain why no disciplinary action should be taken against him for his refusal to comply with the transfer orders. The difficulty lies in the situation where no such illicit, improper or underhanded purpose can be ascribed to the employer, the objection to the transfer being grounded solely upon the personal inconvenience or hardship that will be caused to the employee by reason of the transfer. The employer exercises the prerogative to transfer an employee for valid reasons and according to the requirement of its business, provided the transfer does not result in demotion in rank or diminution of the employees salary, benefits and otherprivileges. This replaced the previous Continuing Guarantee. Allied Banks letter of 13 June 1994 showed that at least 14 accounting officers and personnel from various branches, including private respondent, were transferred to other branches.
In such a juridical situation, the accessory obligations under the old contracts, such as those of guarantors and sureties, are deemed released unless the latter agree to the change. The rule is that the transfer of an employee ordinarily lies within the ambit of the employers prerogatives. Pursuant to a Memorandum of Agreement executed between the duly appointed bank liquidator and here plaintiff-appellant Allied Banking Corporation, the latter acquired all assets and liabilities of Genbank. Allied Bank did not single out Galanida. In illegal dismissal cases, the employer has the burden of showing that the transfer is not unnecessary, inconvenient and prejudicial to the displaced employee. This option, which is provided in the same lease agreement, is fundamentally part of the consideration in the contract and is no different from any other provision of the lease carrying an undertaking on the part of the lessor to act conditioned on the performance by the lessee.
A counsel should not cite a syllabus in place of the carefully considered text in the decision of the Court. Tanqueco, acting in behalf of all the donee-lessors, made a counter-proposal. The Labor Arbiter held that petitioner had abused its management prerogative in ordering private respondents transfer and the refusal by the latter did not amount to insubordination. Allied Bank could not terminate him on 1 September 1994 because he had not received as of that date the notice of Allied Banks decision to dismiss him. Respondent should, in light of its contributory negligence, bear forty percent 40% of its own loss.
In the instant case, however, to hold that parental authority had been retroactively lodged in the Rapisura spouses so as to burden them with liability for a tortious act that they could not have foreseen and which they could not have prevented since they were at the time in the United States and had no physical custody over the child Adelberto would be unfair and unconscionable. We upheld the refusal because no law compels an employee to accept a promotion, and because the position Dosch was supposed to be promoted to did not even exist at that time. Each presented a counterclaim for damages against the plaintiff. Not satisfied with the above ruling, petitioner filed the present petition before this Court. Petitioner must bear the consequences of its omission to exercise extraordinary diligence in scrutinizing checks presented by its depositors.
Their rights and obligations become mutually fixed, and the lessee is entitled to retain possession of the property for the duration of the new lease, and the lessor may hold him liable for the rent therefor. In illegal dismissal cases, the employer has the burden of showing that the transfer is not unnecessary, inconvenient and prejudicial to the displaced employee. In refusing the transfer, the employee averred that she had established Baguio City as her permanent residence and that such transfer will involve additional expenses on her part, plus the fact that an assignment to a far place will be a big sacrifice for her as she will be kept away from her family which might adversely affect her efficiency. A personwho is not principally or subsidiarily bound has no legal capacity to challenge the validity of thecontract. Hence, a person who is not a party to a contract and for whose benefit it was not expressly made cannot maintain an action on it, even if the contract, if performed by the parties thereto would incidentally affect him, 13 except when he is prejudiced in his rights with respect to one of the contracting parties and can show the detriment which could positively result to him from the contract in which he had no intervention. Manila Hotel Company, a similar issue was resolved by this Court. An action for ejectment was commenced before the Metropolitan Trial Court of Quezon City.
It is the duty of all officers of the court to cite the rulings and decisions of the Supreme Court accurately. The memorandum for Galanida filed with this Court, prepared by Atty. The right of an employer to freely select or discharge his employee is limited by the paramount police power xxx for the relations between capital and labor are not merely contractual but impressed with public interest. The case of Lao Lim v. On the requirement of a hearing, this Court has held that the essence of due process is simply an opportunity to be heard.
This because the old obligations had been merged into the new one, the amount increased, and new date specified for its performance. On September 8, 1994, Petitioner-Appellant issued him a Letter of Termination. These exceptions are: 1 when the findings are grounded on speculation, surmise and conjecture; 2 when the inference made is manifestly mistaken, absurd or impossible; 3 when there is grave, abuse of discretion in the appreciation of facts; 4 when the factual findings of the trial and appellate courts are conflicting; 5 when the Court of Appeals, in making its findings, has gone beyond the issues of the case and such findings are contrary to the admissions of both appellant and appellee; 6 when the judgment of the appellate court is premised on a misapprehension of facts or when it has failed to consider certain relevant facts which, if properly considered, will justify a different conclusion; 7 when the findings of fact are conclusions without citation of specific evidence on which they are based; and 8 when the findings of fact of the Court of Appeals are premised on the absence of evidence but are contradicted by the evidence on record. If the purpose is for check and balance, is management implying that Melinda Co can better carry out such function over Mr. Refusal to obey a transfer order cannot be considered insubordination where employee cited reason for said refusal, such sic as that of being away from the family.
Thus: The foregoing notwithstanding, it cannot be denied that, indeed, private respondent was likewise negligent in not checking its monthly statements of account. First and subsequent offenses — The penalty may range from suspension to dismissal as determined by management. An actual hearing is not necessary. After all, the lessor is free to give or not to give the option to the lessee. It stresses that there was no competent showing that the revocation letter had emanated from Jesus. However, petitioner is required to pay rentals to respondent lessors at the rate provided in their existing contract, subject to computation in view of the consignment in court of P68,400. This case was docketed as Civil Case No.
To exempt you from the officer transfer would result in favoritism in your favor and discrimination as against the other officers concerned. The memorandum for Galanida filed with this Court, prepared by Atty. The Issues Allied Bank raises the following issues: chanrob1es virtual 1aw library 1. Co to the Tabunok, Cebu branch within the first half of 1994. It must be noted that none of the other transferees joined private respondents in his complaint or corroborated his allegations of widespread discrimination and favoritism. It is silent as to what the specific terms and conditions of the renewed lease shall be.