Reason Behind the Grant for Gynecological Leave

The special leave benefit is granted to support the female employee so as to give her further means to afford her needs, may it be gynecological, physical, or psychological, for a holistic recuperation. The recovery period may be a trying time that she needs much assistance and compassion to regain her overall wellness.

(House of Representatives Electoral Tribunal v. Daisy Panga-Vega, G.R. No. 228236, January 27, 2021)

THE SUPREME COURT DECIDES: The law presumes that a person takes ordinary care of their concerns and that private transactions have been fair and regular. Hence, negligence cannot be presumed but must be proven.

Settled is the rule that in actions based on quasi-delict, it is incumbent upon the plaintiff to prove the presence of the foregoing elements by preponderance of evidence. They cannot rely on mere allegations but must present such evidence more convincing as worthy of belief than that which is offered in opposition thereto. 

In this case, however, while the death certificate shows the damage or injury sustained by Adelaida, specifically, cerebral hemorrhage and severe hypertension, the totality of the evidence failed to establish the second and third elements of a quasi-delict.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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