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NARVASA, J.:
The question presente
or not the provisions o
anathematized "fixed p
term.
The root of the controv
virtue of which Dorote
director by Brent Sch
P20,000.00. 4 The contr
five (5) years, i.e., from
the agreement, to Ju
agreements dated Ma
September 14, 1974 re
including the expiry da
contract of July 18, 197
Some three months b
period, or more precise
copy of the report filed
Labor advising of the
July 16, 1976. The s
"completion of contrac
employment." And a mo
accepted the amount
therefor containing the
the period May 16, to J
However, at the investi
of said report of termina
announced termination
although his contract
terminate on July 17, 1
and desirable in the u
employment had laste
status of a regular emp
for valid cause. 6 Th
School's report as an
employment (not a re
recommendation of the
clearance and instead
a "permanent employe
seniority rights and
pronounced "the groun
in terminating the servi
not sanctioned by P.D.
Circular No. 8, series o
7
Separate Opinions
SARMIENTO, J., conc
I am agreed that the La
employments", held va
Company, Inc. (No. L-4
That notwithstanding, I
ordinary civil contracts
by stipulations agreed
Art. 1700. The relations
merely contractual. The
that labor contracts are
unions, collective barga
shop, wages, working c
subjects.
xxx xxx x
Art. 1702. In case of do
contracts shall be cons
living for the laborer.
The courts (or labor off
as to whether or not the
contract is done by rea
cheat the employee ou
circumvention of the la
Separate Opinions
SARMIENTO, J., conc
I am agreed that the
employments", held
Company, Inc. (No. L-4
That notwithstanding, I
ordinary civil contracts
by stipulations agreed
Art. 1700. The relatio
merely contractual. The
that labor contracts ar
unions, collective barga
wages, working conditi
xxx xxx x
Art. 1702. In case of d
contracts shall be cons
living for the laborer.
The courts (or labor off
to whether or not the te
done by reason of ex
employee out of office.
the law.
Footnotes
1 Commenced by petit
Court since, as petition
442, as amended, and
(in force at the time) do
decision of the Preside
2 PD 442, eff. Nov. 1, 1
3 By inter alia PD 850,
Aug. 21, 1981.
4 Rollo, p. 38, Annex A
5 Petition for Review, A
6 Rollo, pp. 40-41, Re-
for Clearance No. 2137
7 Id., p. 41. The circula
Schools" and entitled "S
Stabilizations of Positio
8 Id., p. 44, Annex F, P
9 Id., p. 45, Annex G, P
10 Id., pp. 6-10, Decisi
Legal Affairs, O.P. Cas
1978.
11 Eff. June 12, 1954.
12 Eff. June 21, 1957.
13 76 SCRA 250.
14 126 SCRA 458.
15 American law is the
legislation. R.A. No. 87
Peace Act, the bulk of
incorporated in the Lab
the National Labor Rela
etc.
16 17 Am Jur 2d 411, f
17 56 C.J.S., 74-75, fo
18 Emphasis supplied.
19 Article 1193 (third p
20 Capiral v. Manila El
Law Dictionary, Moreno
21 Op. cit., citing Lirag
SCRA 382.
22 Subsequently renum
Aug 21, 1981.
23 And still later renum
supra; emphasis suppl
24 Eff. Aug 21, 1981.
25 Article 280 (formerly
Code; emphasis suppli
26 ART. l306, Civil Cod
27 Promulgated April 2
the issuance of P.D. 85
28 People vs. Purisima
29 Automotive Parts &
SCRA 248, 255, citing
30 Hidalgo vs. Hidalgo
31 Supra, p. 4
32 Referring to Labajo
September 26, 1988, p
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