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When is IR considered ECONOMIC SABOTAGE? When committed by a SYNDICATE or in LARGE SCALE What is SYNDICATED IR? (or When is IR deemed committed by a SYNDICATE?) 1. Carried out by group of 3 or more persons; and 2. Conspiring or Confederating with each other. What is LARGE SCALE IR? (or When is IR deemed committed in LARGE SCALE?) 1. If committed AGAINST 3 or more persons; 2. Individually or as a group (grouply) Who are the PERSONS CRIMINALLY LIABLE for IR? Sec 6, RA 8042 1. Principals, Accomplices & Accessories 2. If Juridical P: Officers having Control, Management, & Direction of B 3. Employees of IR who actively & consciously participate in IR (P vs. Cabais, GR 129070, Mar 16, 2001; P vs. Flores, GR 138535-38 Apr 19, 2001) Does absence or want of Receipts defeat criminal prosecution of IR? Yes, even by testimonial evidence if it is credible and can positively show the IR did the prohibited acts. P vs. Sagaydo, GR 124671-75 Sept 29, 2000) Yes, presentation of receipts acknowledging payments is not necessary for successful prosecution of IR charge. (P vs. Ong, GR 119594, Jan 18, 2000) Does conviction of IR under LC bar prosecution for Estafa under the RPC? No. provided the elements of estafa are present. (P vs. Calonzo, GR 115150-55, Sep 27, 1996) General elements of estafa: 1. Defraud another 2. By means of abuse of confidence or deceit 3. Damage P vs. Hernandez, GR 141221-36, Mar 7, 2002) Accused convicted of ESTAFA Art 315 (2) RPC. Represented to have capacity to send W to Italy. Induced W to pay P150K. NL/NA.
IR by non L/A When is IR considered ECONOMIC SABOTAGE? When committed by a SYNDICATE or in LARGE SCALE What is SYNDICATED IR? (or When is IR deemed committed by a SYNDICATE?) 1. They must go thru judicial process. victim below 18 yo 2. Q A Q A Q A Q A Q When does the imposition of the maximum penalty for IR become ministerial? (Sec 7. Only one complainant. Mar 14. so long as procedure under RA 8042’s Implementing Rules is observed. 39 PENALTIES (For IR turned ECONOMIC SABOTAGE) Q A Q A What is the penalty for simple IR? (Sec 7. RA 8042) 1. (Salazar vs. Individually or as a group (grouply) Many victims. What is the penalty for IR that turned into ECONOMIC SABOTAGE? (Sec 7.Q A Does DOLE Sec or POEA have power to issue ARREST & SEARCH warrants? No. The power belongs to a judge. What is LARGE SCALE IR? (or When is IR deemed committed in LARGE SCALE?) 1. If committed AGAINST 3 or more persons. 2. This does not mean DOLE Sec or POEA cannot issue CLOSURE ORDER. 39 (a) with penalty of LI plus Fine 100K. RA 8042) Life Imprisonment and Fine 500K-1MM (for IR turned ECONOMIC SABOTAGE) Note: The Penalty range remains discretionary to the Judge. GR 81510. Sec 5 Rule 113 of Rules of Court may still be enforced. This is an improvement from Art. Art. and 2. RA 8042) Prision Mayor & Fine 200k-500k. Carried out by group of 3 or more persons. Conspiring or Confederating with each other. Are the recruiters liable for LS-IR or S-IR? .IR committed by 3 Recruiters. Achacoso & Marquez. 1990) Note: This does not mean DOLE Sec or POEA cannot cause the arrest of IR.
Mar 7. GR 120835-40 Apr 10. only NRA are required. . .A Q A Syndicated IR. GR119076 Mar 25. 1993. GR 138431-36 Sep 12. Tan Tiong Meng. What is the PRESCRIPTIVE PERIOD of IR cases? 5 years for SIMPLE IR 20 years for IR-Economic Sabotage May an accused for IR be also convicted of estafa? Yes. (Almodiel vs. (People vs. RA 8042) . IR committed by 1 Recruiter.If prima facie found by Judge . 2002) 6 victims.Prelim Inv – 30 cal days . Independent of each other. RA 8042) RTC of place of commission. NLRC GR 100641. June 14. Q A Q A Q A Q A Q A Art. or RTC of place of victim. GR 141221-36. 2002) What is the venue of action in IR? (Sec 7. People vs. Arabia. Hernandez. 1997. 40 EMPLOYMENT OF ALIENS Q A Q A Q A Are all aliens required to secure Employment Permit? No. Is the recruiter liable for LS-IR or SIR? Large Scale IR. What is the mandatory periods for resolving IR case? (Sec 11. (People vs. Not LS-IR because there is only one complainant. Sagun.information filed w/in 48 hours. Not Syndicated IR because there is only one recruiter. Simple IR. (People vs. 42 SCAD 354) What is required of Immigrants or RA? Alien Employment Registration Certificate (AERC) Which Agency is empowered to Issue Alien Employment Permit ? DOLE. 2001) May an accused be convicted of IR even if the elements of “Large scale” or “syndicated” are not proved? Yes.If prima facie found by Prosecutor – information filed w/in 24 hours.
Supervisory or Advisory Position or where they are elected members of the governing Board with foreign proportionate participation allowed by law. DEVELOP HR 2.O. What is Entrepreneurship? Q Training for self-employment or assisting individual or small industries within the purview of the National Manpower Development Program. What is now the prevailing Rule re Alien Employment? D. (Please read Appendix) APPRENTICES Q What is an Apprentice? is one trained in a highly skilled job or in a job found only in highly skilled industry under an Apprenticeship Agreement approved by DOLE. FORMULATE PLANS AND PROGRAMS To Ensure . 43 LC) 1. 1995.Q A Are aliens absolutely prohibited from being employed in Nationalized Business? No. Q What is the maximum period of Apprenticeship? . 2006. ESTABLISH TRAINING INSTITUTIONS 3. Q A BOOK II – LABOR STANDARDS CHAPTER III August 1. 1994) Implementing Rules Jan 24. No. Q What is TESDA (Technical Education and Skills Development Authority)? This replaced the defunct National Manpower and Youth Council by virtue of RA 7796 An Act creating TESDA (Approved Aug 25.Portion of the nation’s population having actual or potential capability to contribute directly to the production of goods and services. 75 issued May 31. They are allowed in Technical. 2010 NATIONAL MANPOWER DEVELOPMENT PROGRAM Q What are the State’s Objectives in Manpower Development: (Art. Development & Utilization of the Nation’s Manpower To promote Employment and accelerate economic & social growth Q What is Manpower? .Efficient Allocation.
Q . Q Similarity of Apprenticeship and Learnership training periods for job requiring skills acquirable through actual work experience. ATLANTA INDUSTRIES. 1995) Q Q What is the Apprenticeable Age? 15 years old. SABOLINO. LEARNERS Q What is a Learner? is one trained in a semi-skilled job or in industrial occupations requiring less than 3 months of training under a Learnership Agreement approved by DOLE. Jan 26. GR 187320. VS. INC. 75% of MW salary Q Distinction of Apprenticeship and Learnership Learner – – – semi-skilled job or non-technical job 3 mos training Non-apprenticeable job ER commits to hire after learnership period Apprentice – – – highly skilled or highly technical jobs 6 mos training Apprenticeable job ER does not commit to hire after apprenticeship period .75% of minimum wage Rule: DOLE’s prior approval of the Program Prerequisite or else the apprentice becomes a regular employee (Nitto Enterprises vs.6 months What is Minimum Salary? . 2011 Retention of Apprentice beyond the expiration period of Apprenticeship Agreement makes him REGULAR EE. NLRC. GR 114337 Sept 27.
When no unfair competition in terms of labor cost or lower work standards. when the handicap does not impair job performance Q May handicapped workers become Regular EEs? . Q May handicapped workers be employed as L or A? Yes. When emp necessary to prevent curtailment of access to work opportunity 2.HANDICAPPED WORKERS Q When Employable? 1.