Search
Home
Saved
0
38 views
Upload
Sign In
Join
RELATED TITLES
0
Case Digest Civil Uploaded by Ren Irene D Macatangay
Top Charts
Books
Audiobooks
civil law 2 digest
Save
Embed
Share
Print
Download
Magazines
News
Documents
Sheet Music
Conflict of Interest vs Duty
1
of 2
Research Report - Standard Forms
Law
Search document
Conditional Ob Nature: Petition for review on certiorari [ complaint for illegal dismissal ]
Enrique Sagun vs ANZ Global Services and Operations ( Manila), Inc., Gay Cruzada and Alcatraz Gr. No. 22039 August 22, 2016 Ponente: Perlas- Bernabe Second Division
Facts:
Petitioner was employed at Hongkong and Shanghai Banking Corporation Electron Processing (Philippines), Inc. (HSBC-EDPI) when he applied online for the positi on of Payme Cash Processing, Lead at respondent ANZ Global Services and Operations (Manila), Inc. (A After passing the interview and online examination, ANZ, offered petitioner the pos Customer Service Officer, Payments and Cash Resolution, which the lat ter accepted on June In the letter of confirmation of the offer which constituted petitioner's employment agreeme ANZ, the acknowledged copy thereof was transmitted to ANZ Accordingly, on June 11 petitioner tendered his resignation together with his other pre-employment docu requirements. was handed a letter of retraction signed by ANZ's Human Resources Business Paula Alcaraz (Alcaraz), informing him that the job offer had been withdrawn on the ground company found material inconsistencies in his declared information and documents provid conducting a background check with his previous employer, particularly at Siemens. Asserting that his employment contract had already be en perfected upon his acceptanc offer on June 8, 2011, and as such, was already deemed an employee of ANZ who can dismissed for cause, petitioner filed a complaint for il legal dismissal with money claims again Cruzada, and Alcaraz (respondents) before the NLRC, National Capital Region, relationsh petitioner. They contended that their offer was conditional and the effectivity of pet employment contract was subject to a term his job application and interview that prompted withdraw the offer or period. Issue:
Whether or not an employment contract, like any other contract, is perfectedat the m Master your semester with Scribd Free Foron 30this Days Sign up to vote title the parties come to agree upon its terms and conditions? Read & The New York Times Useful Not useful Special offerRuling: for students: Only $4.99/month.
Cancel anytime.
Home
Saved
Top Charts
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month.
Upload
Sign In
Read Free For 30 Days Cancel anytime.
Join
Search
Home
Saved
0
38 views
Sign In
Upload
RELATED TITLES
0
Case Digest Civil Uploaded by Ren Irene D Macatangay
Top Charts
Books
Audiobooks Magazines
News
Documents
Sheet Music
civil law 2 digest
Save
Embed
Share
Print
Download
Join
Conflict of Interest vs Duty
1
of 2
Research Report - Standard Forms
Law
Search document
nature of a suspensive condition, and hence, renders the obligation of the would-be employ ANZ in this case, conditional. Article 1181 of the Civil Code provides:
Art. 1181. In conditional obligations, the acquisition of rights, as well as the extingui or loss of those already acquired, shall depend upon the happening ofthe event which constit condition. and the realm of civil law, a condition is defined as "every future and uncertain eve which an obligation or provision is made to depend. It is a future and uncertain event upon wh acquisition or resolution of rights is made to depend by those who execute the juridical act."
Jurisprudence states that when a contract is subject to a suspensive condition, its shall take place only if and when the event which constitutes the condition happens or is fulfil (5) sources of obligations as stated in the Civil Code. defined as the juridical necessity to giv or not to do. Contract may be perfected in the manner of operation described above, the effi the obligations created thereby may be held in suspense pending the fulfillment of pa conditions agreed upon. In other words, a perfected contract may exist, although the obl arising therefrom - if premised upon a suspensive condition - would yet to be put into effec the subject employment contract required a satisfactory completion of petitioner's backgroun before he may be deemed an employee of ANZ. Considering, however, that petitioner explain the discrepancies in his declared information.
You're Reading a Preview Unlock full access with a free trial.
Download With Free Trial
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month.
Read Free Foron 30this Days Sign up to vote title
Not useful Cancel anytime.
Useful
Home
Saved
Top Charts
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month.
Upload
Sign In
Read Free For 30 Days Cancel anytime.
Join