Escolar Documentos
Profissional Documentos
Cultura Documentos
in Private Sector
15.9 Conti versus NLRC
F:
Petitioner
Amor
Conti
was
I:
R:
dismissed?
the
employee
of
the
and;
(b)
dismissal
is
sought,
without
the
CSC
filed,
but
administrative
later
to the
irregularity.
by
unilaterally
and
hearing
to
the
charges
notice
revoking
This
petition
the
(1) Dishonesty;
(2) Receiving for personal use of
fee, gift or other valuable thing, in
the course of official duties or in
connection therewith when such
better
treatment
than
that
required
by
Civil
I:
R: Given the circumstances in the case at bench,
it should have behooved Commissioner Gaminde
to inhibit herself totally from any participation
in resolving Rivera's appeal to CSC if we are to
give
full
meaning
fundamental
aspect
and
of
consequence
due
process.
to
The
participation
of
Is
the
VFA
void
and
GR 140946
10
The
first
condition
was
requiredwas
The
examination
likewise
of
the
warrant issued?
R:
the
probable
cause
must
be
the
warrant
issued
must
contending
that
they
violate
the
prohibitions of the Fourth Amendment
against
unreasonable searches
and
seizures or any other provision of the
Constitution. Said law applies to business
of publishing and distributing newspapers
like the herein petitioners. Respondent
conducted an investigation pursuant to the
above-mentioned
law
against
the
petitioners.
Issue: Whether the Fair Labor Standard
Act violates the fourth amendment.
Ruling: No. The Fourth Amendment, if
applicable, guards against abuse only by
way of too much indefiniteness or breadth
in the things required to be particularly
described, if the inquiry is one the
demanding agency is authorized by law to
make and the materials specified are
relevant, the gist of the protection being
the requirement that the disclosure sought
shall not be unreasonable. There was no
violation of petitioners rights in these
cases, since both petitioners were
corporations;
the
only
records
or
documents sought were corporate ones; no
element
of
self-incrimination
was
presented or claimed; all the records
sought were relevant to an inquiry for the
purpose
of
determining
whether
petitioners were subject to the Act and, if
so, whether they were violating it; and
such an inquiry was authorized by Section
11 (a) of the Fair Labor Standards Act.
18.20 People v. Cuenco GR 128277, Nov.
16, 1998
13
14