Reconstitution - Jurisdictional Requirements

Verily, while the CA invoked the appropriate provisions of R.A. No.  26, it failed, however, to take note that Section 9 thereof mandatorily requires that the notice shall specify, among other things, the number of the certificate of title and the names of the interested parties appearing in the reconstituted certificate of title. In this case, the RTC failed to indicate these jurisdictional facts in the notice.

While it is true that notices need not be sent to the adjoining owners in this case since this is not required under Sections 9 and 10 of R.A. No. 26 as enunciated in our ruling in Puzon, it is imperative, however, that the notice should specify the names of said interested parties so named in the title sought to be reconstituted. No less than Section 9 of R.A. No. 26 mandates it.

In view of these lapses, the RTC did not acquire jurisdiction to proceed with the case since the mandatory manner or mode of obtaining jurisdiction as prescribed by R.A. No. 26 had not been strictly followed, thereby rendering the proceedings utterly null and void (Republic v. Camacho, G.R. No. 185604. June 13, 2013).

Separation Pay

In the subsequent case of Toyota Motor Philippines Corporation Workers Association (TMPCWA) v. National Labor Relations Commission, it was further elucidated that “in addition to serious misconduct, in dismissals based on other grounds under Art. 282 like willful disobedience, gross and habitual neglect of duty, fraud or willful breach of trust, and commission of a crime against the employer or his family, separation pay should not be conceded to the dismissed employee.” In Reno Foods, Inc, v. Nagkakaisang Lakas ng Manggagawa (NLM)-Katipunan,  the Court wrote that “separation pay is only warranted when the cause for termination is not attributable to the employee’s fault, such as those provided in Articles 283 and 284 of the Labor Code, as well as in cases of illegal dismissal in which reinstatement is no longer feasible. It is not allowed when an employee is dismissed for just cause.” (Unilever Philippines, Inc. Vs. Maria Ruby M. Rivera, G.R. No. 201701. June 3, 2013).