BAR EXAMINATION 2010 POLITICAL AND PUBLIC INTERNATIONAL LAW 05 September 2010 INSTRUCTIONS This questionnaire is in TWO (2) PARTS
: Part I with sixteen (16) questions (numbered I to XVI), contained in eight (8) pages; and Part II with eleven (11) questions (numbered XVII to XXVII), contained in four (4) pages, for a total number of twelve (12) pages. Write your answers to Part I and Part II in the corresponding portions indicated in the booklet. Begin your answer to each numbered question on a separate page; an answer to a subquestion under the same number may be written continuously on the same page and succeeding pages until completed. Answer the question directly and concisely. Do not repeat the question. Write legibly. HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE. GOOD LUCK! 8 A.M. - 12 NN.
_____________________________________ CONCHITA CARPIO MORALES CHAIRPERSON 2010 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12)PAGES (INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE POLITICAL AND PUBLIC INTERNATIONAL LAW PART I I The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon People¶s Army. The new
(3%) III A. the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of members of indigenous groups who opposed President A. a British photojournalist. e. he was killed with a stray bullet which was later identified as having come from the ranks of the Red-Shirts. Decide with reasons. can expel the nationals of the offending state. cannot curtail migration from the offending state.
Explain your answer. What is the appropriate remedy available to the victim¶s family under international law? (3%) IV Choose the statement which appropriately completes the opening phrase: ³A State which resorts to retorsion in international law a. When the bill finally became law. The plan included an appropriation of 2 billion pesos for construction of roads around the estates. Laguna which she had declared in her Statement of Assets and Liabilities. d. b. After the hearings. International human rights groups argued that the proposed amnesty law is contrary to international law. c. should apply proportionate response within appreciable limit. In the course of his coverage. a. The wife of A sought relief from Thai authorities but was refused assistance. Rosa. A member of her political party authored a bill which would provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract investors. (2%) V Congresswoman A is a co-owner of an industrial estate in Sta. was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. specially journalists. Is there state responsibility on the part of Thailand? (2%) b. A moved around the Thai capital. must ensure that all states consent to its act. None of the above. Despite warnings given by the Thai Prime Minister to foreigners. a civil society watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman
. (4%) II Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice.government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President A¶s regime.
Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%) Decide with reasons. a. A financial assistance scheme called ³conditional cash transfers´ was initially funded 500 million pesos by Congress. VII True or False.A¶s industrial estate. a resident of Smokey Mountain in Tondo. Mang Pandoy. An exiled Myanmar professor Sung Kui. Decide with reasons. Kui into Philippine territory.5%) VIII Distinguish ³presidential communications privilege´ from ³deliberative process privilege. (3%) VI The ³Poverty Alleviation and Assistance Act´ was passed to enhance the capacity of the most marginalized families nationwide. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. Kui address the conference. One of the provisions of the law gave the Joint-Congressional Oversight Committee authority to screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and Development pursuant to the Department implementing rules. (0. was invited as keynote speaker.´ (3%) IX The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights situation in Myanmar at the Central Luzon State University (CLSU). The chancellor of CLSU argued that the instruction violates the Constitution. (0. critical of the military government in Myanmar. Upon motion of A. The President thereupon instructed the immigration authorities to prevent the entry of Prof. applied for the issuance of a Writ of Amparo before a Regional Trial Court in Tarlac. a.5%) b. A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. the wife of an alleged victim of enforced disappearance. Decide with reasons. (4%) X A. Does Mang Pandoy have legal standing to question the law?(2%) b. questioned the authority of the Committee. The Secretary of Foreign Affairs informed the President of the regional and national security implications of having Prof. the court issued inspection
Re-classification of land by a local government unit may be done through a resolution. Decide with reasons. The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby. he heard B shouting. He inquired with the caretaker as to who owned the motorcycle. Accompanied by court-designated Commission on Human Rights (CHR) lawyers. a. After a few seconds. the caretaker allowed him. PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. A took photographs of a suspected isolation cell where her husband was allegedly seen being held for three days and tortured before he finally disappeared. if any. XII A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. A reported the incident to PO1 Nuval. PO1 Nuval insisted on getting inside the garage.5%) c. e.and production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of relevant documents. Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. b. The Metropolitan Manila Development Authority is authorized to confiscate a driver¶s
. (4%) XI Which statement best completes the following phrase: (1%) ³Freedom from torture is a right a.´ both (a) and (b) none of the above. (0.´ which is non-derogable both during peacetime and in a situation of armed conflict. The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. Out of fear.´ Then A saw the two hooded men hitting B until the latter fell lifeless. Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that he had custody of the master plan. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a local government unit. The following day. Lt. ³Huwag Pilo babayaran kita agad. including the list of detainees.5%) d. Was the search valid? What about the seizure? Decide with reasons. The CHR lawyers requested one Lt. Ines Street inside the exclusive village. PO1 Nuval took 2 ski masks and 2 bats beside the motorcycle. (4%) XIII True or False. (0. (0. d. c.5%) b. Valdez objected on the ground that it may violate his right against selfincrimination. subject to derogation when national security is threatened.´ confined only during custodial investigation.
Will KABAKA and Rudy be qualified as a party-list and a nominee. (0.5%) XVI Rudy Domingo. KABAKA¶s operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance. The Dutch Foundation for Global Initiatives.5%) c. (3%) XV True or False. a coalition of peoples¶ organizations from fisherfolk communities. respectively? Decide with reasons. a. a private organization registered in The Netherlands.5%) XIV ABC operates an industrial waste processing plant within Laoag City. is a Manila-based entrepreneur who runs KABAKA. Decide with reasons. (0. (0. This was ignored. Is he eligible to run again for an elective position?
.5%) b. obnoxious odor is emitted causing dizziness among residents in Barangay La Paz. Occasionally. whenever fluid substances are released through a nearby creek. An invitation to attend a hearing called by the Sangguniang Panlungsod was also declined by the president of ABC. A discretionary duty of a public officer is never delegable. He did not appeal his conviction and instead applied for executive clemency. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation.license in the enforcement of traffic regulations. the President granted him pardon. receives a huge subsidy from the Dutch Foreign Ministry. the City Mayor wrote ABC demanding that it abate the nuisance. Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. which. Acting on the favorable recommendation of the Board of Pardons and Parole. Mayor Galicia was arrested at a PNP checkpoint for carrying highpowered firearms in his car. (0. prompting ABC to file a petition for injunction before the Regional Trial Court. (4%) PART II XVII During his campaign sortie in Barangay Salamanca. 38 years old. in turn is allocated worldwide to the Foundation¶s partners like KABAKA. The city government thereupon issued a cease and desist order to stop the operations of the plant. On complaint of the Punong Barangay.5%) d. natural-born Filipino and a resident of the Philippines since birth. Rudy seeks to register KABAKA as a party-list with himself as a nominee of the coalition. A person who occupies an office that is defectively created is a de facto officer. He was charged and convicted for violation of the COMELEC gun ban. (0. arguing that the city government did not have any power to abate the alleged nuisance.
Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House Committee? Explain briefly. while the Secretary appeared but refused to testify invoking executive privilege. (5%) XVIII The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional Initiative Allocation (CIA) of Congressmen as exposed by X. Implicated in the questionable disbursements are high officials of the Palace. The use of the school grounds for these purposes was questioned by a parent who does not belong to any religious group.Teacher¶s Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. e. c. Is the principal liable? Explain briefly. May X be compelled to appear and testify? If yes. (5%) XX Define/explain the following: a. he filed an administrative complaint against the principal before the DECS. (5%)
. Doctrine of operative facts (1%) De facto municipal corporation (1%) Municipal corporation by estoppel (1%) Doctrine of necessary implication (1%) Principle of holdover (1%) XXI The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. b. As his complaint was not addressed by the school officials. what sanction may be imposed on him? (2%) b. a public school in Bulacan. X refused to appear. d. a. the Parent. The House Committee summoned X and the DBM Secretary to appear and testify. If the answer is no. Is the ordinance valid? Explain. is there any sanction that may be imposed upon him? (3%) XIX To instill religious awareness in the students of Doña Trinidad High School. a Division Chief of the Department of Budget and Management (DBM).Explain briefly.
What is the rotational scheme of appointments in the COMELEC? (2%) b. a. What are the two conditions for its workability? (2%) c. Who shall succeed Governor Diy in his office as Governor? (1%) b. Can he re-assume his position as career Ambassador? (5%) XXIV Compare and contrast ³overbreadth doctrine´ from ³void-forvagueness´ doctrine.
. Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%) XXIII A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member.XXII Governor Diy was serving his third term when he lost his governorship in a recall election. Can Governor Diy run again as governor in the next election? (2%) c. The Commission on Appointments bypassed his ad interim appointment. however. and he was not re-appointed.´ (2%) XXVII What is the concept of association under international law? (2%) NOTHING FOLLOWS. (5%) XXV a. To what other constitutional offices does the rotational scheme of appointments apply? (2%) XXVI Distinguish between ³pocket veto´ and ³item veto.
± 5 P.M. and Part II with twelve (12) questions (numbered XIVXXV). Begin your answer to each numbered question on a separate page. Write your answers to Part I and Part II in the corresponding portions indicated in the booklet. for a total number of thirteen (13) pages. Answer the question directly and concisely. an answer to a subquestion under the same number may be written continuously on the same page and succeeding pages until completed.BAR EXAMINATION 2010 LABOR AND SOCIAL LEGISLATION 05 September 20102 P.
WARNING: NOT FOR SALE OR UNAUTHORIZED USE LABOR AND SOCIAL LEGISLATION PART I I TRUE OR FALSE.
. GOOD LUCK!
_____________________________________ CONCHITA CARPIO MORALES CHAIRPERSON 2010 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE). HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE. Write legibly. contained in seven (7) pages. Explain your answer briefly. Do not repeat the question. INSTRUCTIONS This questionnaire is in TWO (2) PARTS: Part I with thirteen (13) questions (numbered I to XIII). contained in six (6) pages.M.
´ ³mediation´ and ³arbitration. thus paralyzing the business operations of the company. both regular holidays. and one for supervisory employees (SELU). a rank-and-file employee and officer of RFLU. single. also active union members and/or officers. 245 members of the 500-strong union voted on March 13. A notice of strike was submitted to the National Conciliation and Mediation Board on March 16. waivers and quitclaims are always valid and binding. (2%) 3. Seven days later or on March 23. Of late. (2%) II a. was promoted to a supervisory position along with four (4) other colleagues. why is she not entitled? (3%) IV A. a rival labor union seeking recognition as the rank-and-file bargaining agent. (3%) VI A is a member of the labor union duly recognized as the sole bargaining representative of his company. The relations between employer and employee are purely contractual in nature. Is A entitled to holiday pay for the two successive holidays? Explain.1. She became pregnant out of wedlock and on her 7th month of pregnancy. As a general rule. was on leave with pay on March 31. respectively. 2010. 2010.´ (2%) III A. she was informed that she would have to deliver the baby through caesarean section because of some complications. the company instituted a restructuring program by virtue of which A. the workers staged a strike in the course of which A had to leave and go to the hospital where his wife had just delivered a baby. The union members later intimidated and barred other employees from entering the work premises. Deeds of release.
. how many days can she go on maternity leave? If not. a worker at ABC Company. Is the petition meritorious? Explain. 2010. (3%) V Company XYZ has two recognized labor unions. has been an active member of the Social Security System for the past 20 months. He reported for work on April 1 and 2. Labor Union KMJ. Maundy Thursday and Good Friday. filed a petition for the cancellation of the registration of RFLU on the ground that A and her colleagues have remained to be members of RFLU. 2010 to stage a strike. Can A claim maternity benefits? If yes. (2%) 2. Differentiate ³surface bargaining´ from ³blue-sky bargaining. Distinguish the terms ³conciliation. direct hiring of Overseas Filipino Workers (OFWs) is not allowed.´ (3%) b. one for its rank-and-file employees (RFLU). Due to a bargaining deadlock.
he was repatriated to the Philippines. Upon arrival in the Philippines. the existing CBA expired. In the meantime. Are the employees entitled to be paid their midyear bonus? Explain your answer. A filed with the National Labor Relations Commission (NLRC) a complaint against the agency and the principal for illegal dismissal with a claim for salaries for the unexpired portion of his contract. In connection with his employment. he submitted his written explanation which the company did not find satisfactory. prohibited substances and un-prescribed drugs on board the ship. a marketing strategist for Delta Drug Company. (3%) b. random test sampling would be done on all those on board the ship.A was dismissed from employment as a consequence of the strike. saying that the CBA which provided for the grant of midyear bonus to all company employees had already expired. The company thereafter refused to pay the employees their midyear bonus. he signed an undertaking to observe the drug and alcohol policy which bans possession or use of all alcoholic beverages. Was A¶s dismissal valid? Explain. On his third month of service while the Almieda II was docked at a foreign port. (3%) IX A was working as a medical representative of RX pharmaceutical company when he met and fell in love with B. a. Is his claim for salaries for the unexpired portion of his contract tenable? Explain. A month later. (3%) VIII ABC company and U labor union have been negotiating for a new Collective Bargaining Agreement (CBA) but failed to agree on certain economic provisions of the existing agreement. On several occasions. Was the strike legal? Explain. Seaworthy Shipping Company (SSC). The undertaking provided that: (1) disciplinary action including dismissal would be taken against anyone in possession of the prohibited substances or who is impaired by the use of any of these substances. Was A¶s dismissal valid? Why or why not? (3%) VII A was an able seaman contracted by ABC Recruitment Agency for its foreign principal. In compliance with the company¶s directive. a random drug test was conducted on all members of the crew and A tested positive for marijuana. His employment contract provided that he would serve on board the Almieda II for eight (8) months with a monthly salary of US$450. a competitor of RX. (3%) b. He was given a copy of the drug test result. the management of RX called A¶s attention to the stipulation in his employment contract that requires him to disclose any relationship by consanguinity or affinity with
. a. and (2) to enforce the policy.
(3%) XIII A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized exclusive bargaining agent. however. more than three months after A secured his exit clearance from the POEA for his supposed departure on January 15. Explain. from where he would take a flight to the USA to join the cruise ship ³MS Carnegie. (3%) XII On December 12. A signed a contract to be part of the crew of ABC Cruises. through its Philippine manning agency XYZ. 2008. He has been asked to join the XYZ Cooperative Employees Association. Is A entitled to relief? Explain. On October 5. was closing down its business. What would be your advice? (3%) X A. Inc. Inc. A was one of those who availed of the option. 2007. What advice will you give him? (3%) XI Because of continuing financial constraints. he contended that he agreed to tender his voluntary resignation on the belief that XYZ. XYZ still had not deployed him for no valid reason. owns 500 shares in the cooperative. Rule on whether the quitclaim executed by A is valid or not. his employment was to commence upon his actual departure from the port in the point of hire. Manila.´ However. A filed against XYZ.coemployees or employees of competing companies in light of a possible conflict of interest. he was paid separation benefits equivalent to seven (7) months pay for his six (6) years and seven (7) months of service with the company and he executed a waiver and quitclaim. A week later. (3%)
. He seeks your advice on whether he can join the association. While he admitted that he was not forced to sign the quitclaim. he claimed.. Inc. XYZ-EU assessed A a fee equivalent to the dues and other fees paid by its members but A insists that he has no obligation to pay said dues and fees because he is not a member of XYZ±EU and he has not issued an authorization to allow the collection. A seeks your advice on the validity of the company policy. a complaint for illegal dismissal. Under the standard employment contract of the Philippine Overseas Employment Administration (POEA). he receives the benefits under the CBA that XYZ-EU had negotiated with the company. gave its employees the option to voluntarily resign from the company. continued its business under a different company name. XYZ. XYZ. an employee of XYZ Cooperative. Explain whether his claim is meritorious. Although A is a member of rival union XYR-MU. Inc. 2009. Inc.
m.m.m. may the company argue that. to 5 p. to 2 a.PART II XIV After working from 10 a. When company representatives suggested a discussion of political provisions in the Collective Bargaining Agreement as stipulated in the ground rules. arguing that it did not intend to stage a strike. (2%) b. A hurried home to catch the early evening news and have dinner with his family.? Explain? (3%) XV Samahang Manggagawa ng Terracota.m.m. After agreeing on ground rules on the second day. The Union contended that assuming that the mass leave will be considered as a strike. Assuming that A was made to work from 11 p. a union of supervisory employees at Terracota Inc. a. Should the petition be granted? Explain. The company filed a petition for assumption of jurisdiction with the Secretary of Labor and Employment. (2%) b. (3%) XVI On the first day of collective bargaining negotiations between rank-and-file Union A and B Bus Company. union members went on mass leave the next day to participate in a whole-day prayer rally in front of the company building. (2%) XVII
. Assuming that A is ineligible to join the union. of the same day. a..m. recently admitted a member of the company¶s managerial staff. The company insisted that ground rules for negotiations should first be established. May the company validly terminate AA? Explain. Rule on the contention. (2%) b. Union member AA. on Thursday until 2 a. At around 10 p. the union representatives reiterated their proposal for a wage increase. The Union opposed the petition. the former proposed a P45/day increase.m. on a Thursday as one of 5.000 employees in a beer factory. (2%) c. Should A be a member of the supervisory union? Explain. should the registration of Samahang Manggagawa ng Terracota be cancelled? Explain. was served a notice of termination by management after it filed the petition for assumption of jurisdiction. on Friday. since he was two hours late in coming to work on Thursday morning. a. he should only be paid for work rendered from 1 a. to which the union agreed. a pastor who headed the prayer rally. into the union ranks. the plant manager called and ordered A to fill in for C who missed the second shift. A. the same was valid because of the refusal of the company to discuss the economic provisions of the CBA. May A validly refuse the plant manager¶s directive? Explain.
his claim had prescribed. Under the same set of facts the Secretary instead issued an Order directing all striking workers to return to work within 24 hours. fertilizing and cleaning the drainage. Because his daily presence in the field was not required. Should A be dismissed? Explain. The management then filed a petition for the Secretary of Labor and Employment to assume jurisdiction over the dispute. After five months. a driver for a bus company. planting cane points. an interviewer of job applicants for Alpha Personnel Services. except those who were terminated due to redundancy. A was advised to wait for his visa. The company finally served her a Notice of Administration Charge for violation of company standards on weight requirements. If you were the Labor Arbiter. Pursuant to the long standing Cabin and Crew Administration Manual of the employer airline that set a 147-pound limit for A¶s height. weighing 170 pounds ended up weighing 220 pounds in two years.A was hired to work in a sugar plantation performing such tasks as weeding. Upon payment of the said amount to the agency cashier. For the next planting season. A also worked as a houseboy at the house of the plantation owner.000 as processing fee. cutting and loading canes. A was informed
. Inc. A reduced her weight to 205 pounds. A filed a case for illegal dismissal against the plantation owner. sued his employer for nonpayment of commutable service incentive leave credits upon his resignation after five years of employment. the owner decided not to hire A as a plantation worker but as a houseboy instead. (3%) XVIII Flight attendant A. X required A to submit certain documents (passport. five feet and six inches tall. The bus company argued that A was not entitled to service incentive leave since he was considered a field personnel and was paid on commission basis and that. (3%) XIX Several employees and members of Union A were terminated by Western Phone Co. (3%) XX A. Was the Order legal? Explain. A visited the office of Alpha Personnel Services. At the end of the 60-day period. Furious. in any event. medical certificate) and to pay P25. on the ground of redundancy.. during which X told him that he could no longer be deployed for employment abroad. (6%) XXI A was approached for possible overseas deployment to Dubai by X. an overseas recruitment agency. Decide with reason. Without the benefit of a hearing. (2%) b. Was the order to assume jurisdiction legal? Explain. management sent A a notice to ³shape up or ship out´ within 60 days. the Secretary issued an Order to assume jurisdiction and for the parties to revert to the status quo ante litem. how would you rule? Explain. After complying with the necessary requirements. the Union staged a strike and picketed the premises of the company. NBI clearance. a. Inc.
00. 2010. she filed a case against the agency and the two employers. the obligation to register personnel with the POEA belongs to the officers of a recruitment agency. management or direction of Alpha Personnel Services.´ instead of ³January 1. a company with 120 employees. how would you rule? Explain. If you were the Labor Arbiter. The employees¶ corresponding share in the costs was thus deducted from their wages. She worked for the second employer and was paid $350.by the Philippine Overseas Employment Administration (POEA) that while Alpha Personnel Services.´ and that. Under POEA Rules and Regulations. 2010. Management countered with a petition to cancel the union¶s registration on the ground that the minutes of ratification of the union constitution and by-laws submitted to the DOLE were fraudulent. arguing that based on long standing. Inc. Inc. The employer denied any underpayment. (2%) b. (3%) XXV
.00. When she got to the construction site. the other thirty (30) union members were enough to register a union. the Hotel provided food and lodging to its housekeeping employees. May X be held criminally liable for illegal recruitment? Explain. the employer compelled her to sign another contract that referred her to another employer for a salary of $350. alleging that he was paid below the minimum wage.00 until her twoyear contract expired. management presented affidavits of ten (10) out of forty (40) individuals named in the list of union members who participated in the ratification. Decide with reason. registered their independent labor organization with the Department of Labor and Employment (DOLE) Regional Office. the costs of which were partly shouldered by it and the balance was charged to the employees. The union argued that the stated date of the meeting should have read ³January 11. (3%) XXIV Rank-and-file workers from Peacock Feathers. May the agency validly raise the defense that it was not privy to the transfer of A to the second employer? Explain. (3%) XXII A was recruited to work abroad by Speedy Recruitment Agency as a technician for a Saudi Arabian construction firm. at any rate. a. (3%) XXIII A worked as a roomboy in La Mallorca Hotel. 2010 meeting held for the purpose. X was not registered as its employee. be held criminally liable for illegal recruitment? Explain. contrary to POEA Rules and Regulations. with a monthly salary of $650. The employer concluded that such valid deduction naturally resulted in the payment of wages below the prescribed minimum. unwritten policy. was a licensed agency. May the officers having control. He sued for underpayment of wages before the NLRC. Specifically. alleging that they were not present at the supposed January 1. Upon her return to the Philippines.
. management explained that too much texting and phone-calling by employees disrupted company operations. The company filed a motion to dismiss. challenging the validity and constitutionality of the cell phone ban. arguing that the case should be referred to the grievance machinery pursuant to an existing Collective Bargaining Agreement with Union X.Company C. In the pertinent Memorandum. decided to ban the use of cell phones in the factory premises. Two employeesmembers of Union X were terminated from employment due to violation of the memorandum-policy. The union countered with a prohibitory injunction case (with prayer for the issuance of a temporary restraining order) filed with the Regional Trial Court. Is the company correct? Explain. a toy manufacturer. and eventually to Voluntary Arbitration. (3%) NOTHING FOLLOWS.