Practice question
An employer pleads just cause and, alternatively, an authorized cause. The court finds only the just cause proved and a notice violation. The worker demands that both Agabon’s and Jaka’s case amounts automatically be added solely because both theories were pleaded. Which approach is sound?
- Identify the established cause and actual procedural wrong; pleading alternatives does not automatically require stacking both case amounts
- Alternative pleadings automatically create two dismissals
- Every case must combine all nominal benchmarks
- The court must ignore its cause finding
- All pleaded facts are conclusively true
Legal references
- Agabon v NLRC GR158693 November17,2004 ENBANC MAIN: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html
- Jaka Food v Pacot GR151378 March28,2005 ENBANC MAIN: https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html
- Civil Code Articles2199,2221–2224,2229,2232–2234: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2221–2222 nominal-damages purpose.
Answer this question in flashcards to review your response and continue practicing.