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-IThe contents of the vault of ABC company consisting of cash and documents were stolen.

Paulyn, the treasurer of ABC, was invited by the Makati City Police Department to shed light
on the amount of cash stolen and the details of the missing documents. Paulyn obliged and
volunteered the information asked. Later, Paulyn was charged with qualified theft together
with other suspects. Paulyn claims her rights under the Constitution and pertinent laws were
blatantly violated. The police explained that they were just gathering evidence when Paulyn
was invited for a conference and she was not a suspect at that time. Rule on her defense.
(5%)

-IISec. 11, Art. XII of the Constitution, provides: No franchise, certificate or any other form of
authorization for the operation of a public utility shall be granted except to citizens of the
Philippines or to corporations or associations organized under the laws of the Philippines at
least sixty per centum of whose capital is owned by such citizens xx x. Does the term
capital mentioned in the cited section refer to the total common shares only, or to the
total outstanding capital stock, or to both or separately to each class of shares, whether
common, preferred non-voting, preferred voting or any class of shares? Explain your
answer. (5%)

-IIIA law converted the component city of Malumanay, Laguna into a highly urbanized city. The
Local Government Code (LGC) provides that the conversion shall take effect only after it is
approved by the majority of votes cast in a plebiscite to be held in the political units directly
affected.
Before the COMELEC, Mayor Xenon of Malumanay City insists that only the registered voters
of the city should vote in the plebiscite because the city is the only political unit directly
affected by the conversion. Governor Yuri asserts that all the registered voters of the entire
province ofLaguna should participate in the plebiscite, because when the LGC speaks of the
qualified voters therein, it means all the voters of all the political units affected by such
conversion, and that includes all the voters of the entire province. He argues that the
income, population and area of Laguna will be reduced. Who, between Mayor Xenon and
Governor Yuri, is correct? Explain your answer. (5%)

-IVSeveral concerned residents of the areas fronting Manila Bay, among them a group of
students who are minors,filed a suit against the Metro Manila Development Authority
(MMDA), the Department of Environment and Natural Resources (DENR), the Department o f
Health (DOH), the Department o f Agriculture (DA), the Department o f Education (DepEd),
the Department o f Interior and Local Government (DILG), and a number of other executive
agencies, asking the court to order them to perform their duties relating to the cleanup,
rehabilitation and protection of Manila Bay. The complaint alleges that the continued neglect

by defendants and their failure to prevent and abate pollution in Manila Bay constitute a
violation of the petitioners constitutional right to life, health and a balanced ecology.
[a] If the defendants assert that the students/petitioners who are minors do not have locus
standi to file the action, is the assertion correct? Explain your answer. (2.5%)
[b] In its decision which attained finality, the Court ordered the defendants to clean up,
rehabilitate and sanitize Manila Bay within eighteen (18) months, and to submit to the Court
periodic reports of their accomplishment, so that the Court can monitor and oversee the
activities undertaken by the agencies in compliance with the Courts directives.
Subsequently, a resolution was issued extending the time periods within which the agencies
should comply with the directives covered by the final decision. A view was raised that the
Courts continued intervention after the case has been decided violates the doctrine of
separation of powers considering that the government agencies all belong to the Executive
Department and are under the control of the President. Is this contention correct? Why or
why not? (2.5%)

-VSection 8 ofP.D. No. 910, entitled Creating an Energy Development Board, defining its
powers and functions, providing funds therefor and for other purposes, provides that: All
fees, revenues and receipts of the Board from any and all sources x x x shall form part of a
Special Fund to be used to finance energy resource development and exploitation programs
and projects of the government and for such other purposes as may be hereafter directed by
the President.
The Malampaya NGO contends that the provision constitutes an undue delegation of
legislative power since the phrase and for such other purposes as may be hereafter
directed by the President gives the President unbridled discretion to determine the purpose
for which the funds will be used. On the other hand, the government urges the application of
ejusdem generis.
[a] Explain the completeness test and sufficient standard test. (2.5%)
[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? (2.5%)

-VIPornographic materials in the form of tabloids, magazines and other printed materials,
proliferate and are being sold openly in the streets of Masaya City. The City Mayor organized
a task force which confiscated these materials. He then ordered that the materials be
burned in public. Dominador, publisher of the magazine, Plaything, filed a suit, raising the
following constitutional issues: (a) the confiscation of the materials constituted an illegal
search and seizure, because the same was done without a valid search warrant; and (b) the
confiscation, as well as the proposed destruction of the materials, is a denial of the right to
disseminate information, and thus, violates the constitutional right to freedom of expression.
Is either or both contentions proper? Explain your answer. (5%)

-VIIErnesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint.
Noticing that Ernesto is a minor, SPOl Jojo asked Ernesto to exhibit his drivers license but
Ernesto failed to produce it. SPOI Jojo requested Ernesto to alight from the vehicle and the
latter acceded. Upon observing a bulge in the pants of Ernesto, the policeman frisked him
and found an unlicensed .22-caliber pistol inside Ernestos right pocket. Ernesto was
arrested, detained and charged. At the trial, Ernesto, through his lawyer, argued that,
policemen at mobile checkpoints are empowered to conduct nothing more than a visual
search. They cannot order the persons riding the vehicle to alight. They cannot frisk, or
conduct a body search of the driver or the passengers of the vehicle.
Ernestos lawyer thus posited that:
[a] The search conducted in violation of the Constitution and established jurisprudence was
an illegal search; thus, the gun which was seized in the course of an illegal search is the
fruit of the poisonous tree and is inadmissible in evidence. (2.5%)
[b] The arrest made as a consequence of the invalid search was likewise illegal, because an
unlawful act (the search) cannot be made the basis of a lawful arrest. (2.5%)
Rule on the correctness of the foregoing arguments, with reasons.

-VIIIA law is passed intended to protect women and children from all forms of violence. When a
woman perceives an act to be an act of violence or a threat of violence against her, she may
apply for a Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which
shall have the force and effect of law. Conrado, against whom a BPO had been issued on
petition of his wife, went to court to challenge the constitutionality of the law. He raises the
following grounds:
[a] The law violates the equal protection clause, because while it extends protection to
women who may be victims of violence by their husbands, it does not extend the same
protection to husbands who may be battered by their wives. (2.5%)
[b] The grant of authority to the Barangay Chairman to issue a Barangay Protection Order
(BPO) constitutes an undue delegation of judicial power, because obviously, the issuance of
the BPO entails the exercise of judicial power. (2.5%)
Rule on the validity of the grounds raised by Conrado, with reasons.

-IXThe Government, through Secretary Toogoody of the Department of Transportation (DOTr),


filed a complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned
by Baldomero. The court granted the expropriation, fixed the amount of just compensation,
and installed the Government in full possession of the property.

[a] If the Government does not immediately pay the amount fixed by the court as just
compensation, can Baldomero successfully demand the return of the property to him?
Explain your answer. (2.5%)
[b] If the Government paid full compensation but after two years it abandoned its plan to
build an airport on the property, can Baldomero compel the Government to re-sell the
property back to him? Explain your answer. (2.5%)

-XThe Philippines entered into an international agreement with members of the international
community creating the International Economic Organization (IEO) which will serve as a
forum to address economic issues between States, create standards, encourage greater
volume of trade between its members, and settle economic disputes. After the Philippine
President signed the agreement, the Philippine Senate demanded that the international
agreement be submitted to it for its ratification. The President refused, arguing that it is an
executive agreement that merely created an international organization and it dwells mainly
on addressing economic issues among States.
Is the international agreement creating the IEO a treaty or an executive agreement? Explain.
(5%)

-XIThe USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic waters
on its way to Australia. Because of the negligence of the naval officials on board, the vessel
ran aground off the island of Palawan, damaging coral reefs and other marine resources in
the area. Officials of Palawan filed a suit for damages against the naval officials for their
negligence, and against the U.S., based on Articles 30 and 31 of the United Nations
Convention on the Law of the Sea (UNCLOS). Article 31 provides that the Flag State shall
bear international responsibility for any loss or damage to the Coastal State resulting from
noncompliance by a warship with the laws and regulations of the coastal State concerning
passage through the territorial sea. The U. S. Government raised the defenses that:
[a] The Philippine courts cannot exercise jurisdiction over another sovereign State, including
its warship and naval officials. (2.5%)
(b] The United States is not a signatory to UNCLOS and thus cannot be bound by its
provisions. (2.5%)
Rule on the validity of the defenses raised by the U.S., with reasons.

-XIIParagraphs c, d and f of Section 36 of Republic Act No. 9165 provide:


Sec. 36. Authorized drug testing. xx x The following shall be subjected to undergo drug
testing: xx x

c.
Students
of
secondary
and
tertiary
schools
x
x
x;
d.
Officers
and
employees
of
public
and
private
offices
x
x
x;
f. All persons charged before the prosecutors office with a criminal offense having an
imposable imprisonment of not less than 6 years and 1 day;
Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for violating the
right to privacy, the right against unreasonable searches and seizures and the equal
protection clause. Decide if the assailed provisions are unconstitutional. (5%)

-XIIIWhile Congress was not in session, the President appointed Antero as Secretary of the
Department of Tourism (DOT), Benito as Commissioner of the Bureau o f Immigration (BI),
Clodualdo as Chairman o f the Civil Service Commission (CSC), Dexter as Chairman of the
Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon.
The following day, all the appointees took their oath before the President, and commenced
to perform the functions of their respective offices.
[a] Characterize the appointments, whether permanent or temporary; and whether regular
or interim, with reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (V AMP), files suit,
contesting the legality o f the acts o f the appointees and claiming that the appointees
should not have entered into the performance of the functions of their respective offices,
because their appointments had not yet been confirmed by the Commission on
Appointments. Is this claim of VAMP correct? Why or why not? (2.5%)

-XIVOnofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he
married Salvacion, a Mexican, and together they applied for and obtained American
citizenship in 2001. In 2015, the couple and their children Alfred, 21 years of age, Robert,
16, and Marie, 14, who were all born in the U.S. returned to the Philippines on June 1,
2015. On June 15, 2015, informed that he could reacquire Philippine citizenship without
losing his American citizenship, Onofre went home to the Philippines and took the oath of
allegiance prescribed under R.A. No. 9225. On October 28, 2015, he filed a Certificate of
Candidacy to run in the May 9, 2016 elections for the position of Congressman in his home
province of Palawan, running against re-electionist Congressman Profundo.
[a] Did Onofres reacquisition of Philippine citizenship benefit his wife, Salvacion, and their
minor children and confer upon them Filipino citizenship? Explain your answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundos lawyer filed a Petition to Deny Due Course
or to Cancel the Certificate of Candidacy against Onofre. What grounds can he raise in his
Petition to support it? Explain your answer. (2.5%)

-XV-

Congress passed a bill appropriating PlOO-billion. Part of the money is to be used for the
purchase of a 200-hectare property in Antipolo. The rest shall be spent for the development
of the area and the construction of the Universal Temple for All
the Worlds Faiths (UTAW-F). When completed, the site will be open, free of charge, to all
religions, beliefs, and faiths, where each devotee or believer shall be accommodated and
treated in a fair and equal manner, without distinction, favor, or prejudice. There will also be
individual segments or zones in the area which can be used for the conduct of whatever
rituals, services, sacraments, or ceremonials that may be required by the customs or
practices of each particular religion. The President approved the bill, happy in the thought
that this could start the healing process of our wounded country and encourage people of
varied and often- conflicting faiths to live together in harmony and in peace.
If the law is questioned on the ground that it violates Sec. 5, Article III o f the Constitution
that no law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof, how will you resolve the challenge? Explain. (5%)

-XVIJojo filed a criminal complaint against Art for theft of a backpack worth P150.00 with the
Office of the City Prosecutor of Manila. The crime is punishable with arresto mayor to prision
correccional in its minimum period, or not to exceed 4 years and 2 months. The case was
assigned to Prosecutor Tristan and he applied Sec. 8(a) of Rule 112 which reads: (a) If filed
with the prosecutor. If the complaint is filed directly with the prosecutor involving an
offense punishable by imprisonment of less than four (4) years, two (2) months and one (1)
day, the procedure outlined in Sec. 3(a) of this Rule shall be observed. The Prosecutor shall
act on the complaint within ten (10) days from its filing.
On the other hand, Sec. 3(a) of Rule 112 provides: (a) The complaint shall state the address
of the respondent and shall be accompanied by affidavits of the complainant and his
witnesses as well as other supporting documents to establish probable cause. x x x
Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the
affidavits and other supporting documents submitted by the complainant, Prosecutor Tristan
did not notify Art nor require him to submit a counter-affidavit. He proceeded to file the
Information against Art with the Metropolitan Trial Court. Art vehemently assails Sec. 8(a)
ofRule 112 as unconstitutional and violative of due process and his rights as an accused
under the Constitution for he was not informed of the complaint nor was he given the
opportunity to raise his defenses thereto before the Information was filed. Rule on the
constitutionality of Sec. 8(a) of Rule 112. Explain. (5%)

-XVII[a] Define the archipelagic doctrine of national territory, state its rationale; and explain how
it is implemented through the straight baseline method. (2.5o/o)

[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal as
Regimes of Islands. Professor Agaton contends that since the law did not enclose said
islands, then the Philippines lost its sovereignty and
jurisdiction over them. Is his contention correct? Explain. (2.5%)

-XVIIISec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for
more than three (3) consecutive terms. Rule and explain briefly the reason if the official is
prohibited to run for another term in each of the following situations: (a) if the official is a
Vice-Mayor who assumed the position ofMayor for the unexpired term under the Local
Government Code; (b) if the official has served for three consecutive terms and did not seek
a 4th term but who won in a recall election; (c) if the position of Mayor of a town is abolished
due to conversion of the town to a city; (d) if the official is preventively suspended during his
term but was exonerated; and (e) if the official is proclaimed as winner and assumes office
but loses in an election protest. (5%)

-XIXFernando filed an administrative complaint against his co-teacher, Amelia, claiming that the
latter is living with a married man who is not her husband. Fernando charged Amelia with
committing disgraceful and immoral conduct in violation of the Revised Administrative
Code and, thus, should not be allowed to remain employed in the government. Amelia,on
the other hand, claims that she and her partner are members of a religious sect that allows
members of the congregation who have been abandoned by their respective spouses to
enter marital relations under a Declaration ofPledging Faithfulness. Having made such
Declaration, she argues that she cannot be charged with committing immoral conduct for
she is entitled to free exercise of religion under the Constitution.
[a] Is Amelia administratively liable? State your reasons briefly. (2.5%)
[b] Briefly explain the concept ofbenevolent neutrality. (2.5%)

-XXUnder Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to
promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice and procedure in all courts xx x. Section 23 ofR.A. No. 9165 or the
Comprehensive Dangerous Drugs Act of2002 provides that any person charged under any
provision of this Act regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining. Patricio, a user who was charged with alleged sale of shabu
but who wants to enter a plea o f guilt to a charge of possession, questions the
constitutionality of Sec. 23 on the ground that Congress encroached on the rule-making
power of the Supreme Court under Sec. 5, Article VIII. He argues that plea-bargaining is
procedural in nature and is within the exclusive constitutional power of the Court. Is Patricio
correct? Explain your answer. (5%)

LABOR LAW
-IWhat are the requisites o f a valid quitclaim? (5%)

-IIGregorio was hired as an insurance underwriter by the Guaranteed Insurance Corporation


(Guaranteed). He does not receive any salary but solely relies on commissions earned for
every insurance policy approved by the company. He hires and pays his own secretary but is
provided free office space in the office of the company. He is, however, required to meet a
monthly quota of twenty (20) insurance policies, otherwise, he may be terminated. He was
made to agree to a Code of Conduct for underwriters and is supervised by a Unit Manager.
[a] Is Gregorio an employee of Guaranteed? Explain. (2.5%)
[b] Suppose Gregorio is appointed as Unit Manager and assigned to supervise several
underwriters. He holds office in the company premises, receives an overriding commission
on the commissions of his underwriters, as well as a monthly allowance from the company,
and is supervised by a branch manager. He is governed by the Code of Conduct for Unit
Managers. Is he an employee of Guaranteed? Explain. (2.5%)

-IIIInggo is a drama talent hired on a per drama participation basis by DJN Radio Company.
He worked from 8:00 a.m. until 5:00 p.m., six days a week, on a gross rate of P80.00 per
script, earning an average of P20,000.00 per month. Inggo filed a complaint before the
Department of Labor and Employment (DOLE) against DJN Radio for illegal deduction, nonpayment of service incentive leave, and 13th month pay, among others. On the basis of the
complaint, the DOLE conducted a plant level inspection.
The DOLE Regional Director issued an order ruling that Inggo is an employee of DJN Radio,
and that Inggo is entitled to his monetary claims in the total amount of P30,000.00. DJN
Radio elevated the case to the Secretary of Labor who affirmed the order. The case was
brought to the Court of Appeals. The radio station contended that there is no employeremployee relationship because it was the drama directors and producers who paid,
supervised, and disciplined him. Moreover, it argued that the case falls under the jurisdiction
of the NLRC and not the DOLE because Inggos claim exceeded PS,000.00.
[a] May DOLE make a prima facie determination of the existence of an employer-employee
relationship in the exercise of its visitorial and enforcement powers? (2.5%)

[b] If the DOLE finds that there is an employee-employer relationship, does the case fall
under the jurisdiction of the Labor Arbiter considering that the claim of Inggo is more than
P5,000.00. Explain. (2.5%)

-IVHagibis Motors Corporation (Hagibis) has 500 regular employees in its car assembly plant.
Due to the Asian financial crisis, Hagibis experienced very low car sales resulting to huge
financial losses. It implemented several cost-cutting measures such as cost reduction on use
of office supplies, employment hiring freeze, prohibition on representation and travel
expenses, separation o f casuals and reduced work week. As counsel of Hagibis, what are
the measures the company should undertake to implement a valid retrenchment? Explain.
(5%)

-VAsia Union (Union) is the certified bargaining agent of the rimk-and-file employees of Asia
Pacific Hotel (Hotel).
The Union submitted its Collective Bargaining Agreement (CBA) negotiation proposals to the
Hotel. Due to the bargaining deadlock, the Union, on December 20, 2014, filed a Notice of
Strike with the National Conciliation and Mediation Board (NCMB). Consequently, the Union
conducted a Strike Vote on January 14, 2015, when it was approved.
The next day, waiters who are members ofthe Union came out ofthe Union office sporting
closely cropped hair or cleanly shaven heads. The next day, all the male Union members
came to work sporting the same hair style. The Hotel prevented these workers from entering
the premises, claiming that they violated the company rule on Grooming Standards.
On January 16, 2015, the Union subsequently staged a picket outside the Hotel premises and
prevented other workers from entering the Hotel. The Union members blocked the ingress
and egress of customers and employees to the Hotel premises, which caused the Hotel
severe lack of manpower and forced the Hotel to temporarily cease operations resulting to
substantial losses.
On January 20, 2015, the Hotel issued notices to Union members, preventively suspending
them and charging them with the following offenses: (1) illegal picket; (2) violation of the
company rule on Grooming Standards; (3) illegal strike; and (4) commission of illegal acts
during the illegal strike. The Hotel later terminated the Union officials and members who
participated in the strike. The Union denied it engaged in an illegal strike and countered that
the Hotel committed an unfair labor practice (ULP) and a breach of the freedom of speech.
[a] Was the picketing legal? Was the mass action ofthe Union officials and members an
illegal strike? Explain. (2.5%)
[b] Rule on the allegations of ULP and violation of freedom of speech. Explain. (2.5%)

-VI-

Pedro, a bus driver of Biyahe sa Langit Transport, was involved in a collision with a car,
damaging the bus. The manager accused him of being responsible for the damage and was
told to submit his written explanation within 48 hours. Pedro submitted his explanation
within the period. The day after, Pedro received a notice of termination stating that he is
dismissed for reckless driving resulting to damage to company property, effective
immediately. Pedro asks you, as his counsel, if the company complied with the procedural
due process with respect to dismissal of employees.
[a] Explain the twin notice and hearing rule. (2.5%)
[b] Did the Biyahe sa Langit Transport comply with the prior procedural requirements for
dismissal? (2.5%)

-VIIForbes Country Club (Club) owns a golf course and has 250 rank-and-file employees who are
members of the Forbes Country Club Union (Union). The Club has a CBA with the Union and
one of the stipulations is a Union Security Clause, which reads: All regular rank-and-file
employees who are members of the union shall keep their membership in good standing as
a condition for their continued employment during the lifetime ofthis agreement.
Peter, Paul and Mary were the Treasurer, Assistant Treasurer, and Budget Officer of the
Union, respectively. They were expelled by the Board of Directors of the Union for
malversation. The Union then demanded that the Club dismiss said officials pursuant to the
Union Security Clause that required maintenance of union membership. The Club required
the three officials to show cause in writing why they should not be dismissed. Later, the Club
called the three Union officials for a conference regarding the charges against them. After
considering the evidence submitted by the parties and their written explanations, the Club
dismissed the erring officials. The dismissed officials sued the Club and the Union for illegal
dismissal because there was really no malversation based on the documents presented and
their dismissal from the Union was due to the fact that they were organizing another union.
[a] Is the dismissal ofPeter, Paul and Mary by the Club valid? (2.5%)
[b] If the expulsion by the Union was found by the Labor Arbiter to be baseless, is the Club
liable to Peter, Paul and Mary? Explain. (2.5%)

-VIIIDifferentiate learnership from apprenticeship with respect to the period of training, type
ofwork, salary and qualifications. (5%)

-IXZienna Corporation (Zienna) informed the Department of Labor and Employment Regional
Director of the end of its operations. To carry out the cessation, Zienna sent a Letter Request
for Intervention to the NLRC for permission and guidance in effecting payment of separation
benefits for its fifty (50) terminated employees.

Each of the terminated employees executed a Quitclaim and Release before Labor Arbiter
Nocomora, to whom the case was assigned. After the erstwhile employees received their
separation pay, the Labor Arbiter declared the labor dispute dismissed with prejudice on the
ground of settlement. Thereafter, Zienna sold all of its assets to Zandra Company (Zandra),
which in tum hired its own employees.
Nelle, one of the fifty (50) terminated employees, filed a case for illegal dismissal against
Zienna. She argued that Zienna did not cease from operating since the corporation subsists
as Zandra. Nelle pointed out that aside from the two companies having essentially the same
equipment, the managers and owners of Zandra and Zienna are likewise one and the same.
For its part, Zienna countered that Nelle is barred from filing a complaint for illegal dismissal
against the corporation in view of her prior acceptance of separation pay.
Is Nelle correct in claiming that she was illegally dismissed? (5%)

-XLazaro, an engineer, organized a union in Garantisado Construction Corporation


(Garantisado) which has 200 employees. He immediately filed a Petition for Certification
Election, attaching thereto the signatures of 70 employees. Garantisado vehemently
opposed the petition, alleging that 25 signatories are probationary employees, while 5 are
supervisors. It submitted the contracts of the 25 probationary employees and the job
description of the supervisors. It argued that if 30 is deducted from 70, it gives a balance of
40 valid signatures which is way below the minimum number of 50 signatories needed to
meet the alleged 25% requirement. Ifyou are the Director ofLabor Relations, will you approve
the holding of a Certification Election. Explain your answer. (5%)

-XIDion is an Accounting Supervisor in a trading company. He has rendered exemplary service


to the company for 20 years. His co-employee and kumpadre, Mac, called him over the
phone and requested him to punch his (Macs) daily time card as he (Mac) was caught in a
monstrous traffic jam. Dion acceded to Macs request but was later caught by the Personnel
Manager while punching. Macs time card. The company terminated the employment of Dion
on the ground of misconduct. Is the dismissal valid and just? Explain.(5%)

-XIIAmaya was employed as a staff nurse by St. Francis Hospital (SFH) on July 8, 2014 on a
probationary status for six (6) months. Her probationary contract required, among others,
strict compliance with SFHs Code ofDiscipline.
On October 16, 2014, Dr. Ligaya, filed a Complaint with the SFH Board of Trustees against
Amaya for uttering slanderous remarks against the former. Attached to the complaint was a
letter of Minda, mother of a patient, who confirmed the following remarks against Dr. Ligaya:

Bakit si Dr. Ligaya pa ang napili mong pedia eh ang tanda- tanda na nun? E
makakalimutin na yun x x x Alam mo ba, kahit wala namang diperensya yung baby, ipinapaiso/ate nya?
The SFH President asks you, being the hospitals counsel, which of these two (2) options is
the legal and proper way ofterminating Amaya: a) terminate her for a just cause under
Article 288 of the Labor Code (Termination by Employer); or b) terminate her for violating her
probationary contract. Explain. (5%)

-XIIIMatibay Shoe and Repair Store, as added service to its customers, devoted a portion of its
store to a shoe shine stand. The shoe shine boys were tested for their skill before being
allowed to work and given ID cards. They were told to be present from the opening of the
store up to closing time and were required to follow the company rules on cleanliness and
decorum. They bought their own shoe shine boxes, polish, and rags. The boys were paid by
their customers for their services but the payment is coursed through the stores cashier,
who pays them before closing time. They were not supervised in their work by any
managerial employee of the store but for a valid complaint by a customer or for violation of
any company rule, they can be refused admission to the store. Were the boys employees of
the store? Explain. (5%)

-XIVTess, a seamstress at Marikit Clothing Factory, became pregnant. Because of morning


sickness, she frequently absented herself from work and often came to the factory only four
(4) days a week. After two (2) months, the personnel manager told her that her habitual
absences rendered her practically useless to the company and, thus, asked her to resign.
She begged to be retained, citing her pregnancy as reason for her absences. Tess asked for
leave of absence but her request was denied. She went on leave nevertheless. As a result,
she was thus dismissed for going on leave without permission of management.
Tess filed a complaint for illegal dismissal. The companys defense: she was legally
dismissed because of her numerous absences without leave and not because of her
pregnancy. On the other hand, Tess argues that her dismissal was an act of discrimination,
based as it was on her pregnancy which the company treated as a disease. Whose position
is meritorious-the companys or Tess? Explain. (5%)

-XVJim is the holder of a certificate of public convenience for a jeepney. He entered into a
contract of lease with Nick, whereby they agreed that the lease period is for one (1) year
unless sooner terminated by Jim for any of the causes laid down in the contract. The rental is
thirty thousand pesos (P30,000.00) monthly. All the expenses for the repair ofthe jeepney,
together with expenses for diesel, oil and service, shall be for the account of Nick. Nick is
required to make a deposit of three (3) months to answer for the restoration of the vehicle to
its good operating condition when the contract ends. It is stipulated that Nick is not an
employee of Jim and he holds the latter free and harmless from all suits or claims which may

arise from the implementation of the contract. Nick has the right to use the jeepney at any
hour of the day provided it is operated on the approved line o f operation.
After five (5) months of the lease and payment of the rentals, Nick became delinquent in the
payment ofthe rentals for two (2) months. Jim, as authorized by the contract, sent a letter of
demand rescinding the contract and asked for the arrearages. Nick responded by filing a
complaint with the NLRC for illegal dismissal, claiming that the contract is illegal and he was
just forced by Jim to sign it so he can drive. He claims he is really a driver of Jim on a
boundary system and the reason he was removed is because he failed to pay the complete
daily boundary of one thousand (P1,000.00) for 2 months due to the increase in the number
of tricycles.
[a] Jim files a motion to dismiss the NLRC case on the ground that the regular court has
jurisdiction since the agreement is a lease contract. Rule on the motion and explain. (2.5%)
[b] Assuming that Nick is an employee of Jim, was Nick validly dismissed?

-XVIIn a case for illegal dismissal and non-payment of benefits, with prayer for Damages, Apollo
was awarded the following: 1) P200,000.00 as back.wages; 2) P80,000.00 as unpaid wages;
3) P20,000.00 as unpaid holiday pay; 4) PS,000.00 as unpaid service incentive leave pay; 5)
P50,000.00 as moral damages; and 6) Pl0,000.00 as exemplary damages. Attorneys fees of
ten percent (10%) of all the amounts covered by items 1 to 6 inclusive, plus interests of 6%
per annum from the date the same were unlawfully withheld, were also awarded.
[a] Robbie, the employer, contests the award of attorney fees amounting to 10% on all the
amounts adjudged on the ground that Article 111 ofthe Labor Code authorizes only 10% of
the amount of wages recovered. Rule on the issue and explain. (2.5%)
[b] Robbie likewise questions the imposition of interests on the amounts in question because
it was not claimed by Apollo, and the Civil Code provision on interests does not apply to a
labor case. Rule on the issue and explain. (2.5%)

-XVIIBaldo, a farm worker on pakyaw basis, had been working on Dencios land by harvesting
abaca and coconut, processing copra, and clearing weeds from year to year starting January
1993 up to his death in 2007. He worked continuously in the sense that it was done for more
than one harvesting season.
[a] Was Dencio required to report Baldo for compulsory social security coverage under the
SSS law? Explain. (2.5%)
[b] What are the liabilities of the employer who fails to report his employee for social
security coverage? Explain. (2.5%)

-XVIII-

Empire Brands (Empire) contracted the services of Style Corporation (Style) for the
marketing and promotion of its clothing line. Under the contract, Style provided Empire with
Trade Merchandising Representatives (TMRs) whose services began on September 15, 2004
and ended on June 6, 2007, when Empire terminated the promotions contract with Style.
Empire then entered into an agreement for manpower supply with Wave Human Resources
(Wave). Wave owns its condo office, owns equipment for the use by the TMRs, and has
assets amounting to Pl,000,000.00. Wave provided the supervisors who supervised the
TMRs, who, in tum, received orders from the Marketing Director of Empire. In their
agreement, the parties stipulated that Wave shall be liable for the wages and salaries of its
employees or workers, including benefits, and protection due them, as well as remittance to
the proper government entities of all withholding taxes, Social Security Service, and
Philhealth premiums, in accordance with relevant laws.
As the TMRs wanted to continue working at Empire, they submitted job applications as TMRs
with Wave. Consequently, Wave hired them for a term of five (5) months, or from June 7,
2007 to November 6, 2007, specifically to promote Empires products.
When the TMRs 5-month contracts with Wave were about to expire, they sought renewal
thereof, but were refused. Their contracts with Wave were no longer renewed as Empire
hired another agency. This prompted them to file complaints for illegal dismissal,
regularization, non-payment of service incentive leave and 13th month pay against Empire
and Wave.
[a]
Are
the
TMRs
employees
[b] Were the TMRs illegally dismissed by Wave? (2.5%)

of

Empire?

(2.5%)

-XIXFilmore Corporation was ordered to pay P49 million to its employees by the Labor Arbiter. It
interposed an appeal by filing a Notice of Appeal and paid the corresponding appeal fee.
However, instead of filing the required appeal bond equivalent to the total amount of the
monetary award, Filmore filed a Motion to Reduce the Appeal Bond to P4,000,000.00 but
submitted a surety bond in the amount of P4.9 million. Filmore cited financial difficulties as
justification for its inability to post the appeal bond in full owing to the shutdown of its
operations. It submitted its audited financial statements showing a loss of P40 million in
the previous year. To show its good faith, Filmore also filed its Memorandum of Appeal.
The NLRC dismissed the appeal for non-perfection on the ground that posting of an appeal
bond equivalent to the monetary award is indispensable for the perfection of the appeal and
the reduction of the appeal bond, absent any showing of meritorious ground to justify the
same, is not warranted. Is the dismissal ofthe appeal correct? Explain. (5%)

-XXMario Brothers, plumbing works contractor, entered into an agreement with Axis Business
Corporation (Axis) for the plumbing works of its building under construction. Mario Brothers
engaged the services of Tristan, Arthur, and Jojo as plumber, pipe fitter, and threader,

respectively. These workers have worked for Mario Brothers in numerous construction
projects in the past but because of their long relationship, they were never asked to sign
contracts for each project. No reports to government agencies were made regarding their
work in the company.
During the implementation of the works contract, Axis suffered financial difficulties and was
not able to pay Mario Brothers its past billings. As a result, the three (3) employees were not
paid their salaries for two (2) months and their 13th month pay. Because Axis cannot pay,
Mario Brothers cancelled the contract and laid off Tristan, Arthur, and Jojo. The 3 employees
sued Mario Brothers and Axis for illegal dismissal, unpaid wages, and benefits.
[a] Mario Brothers claims the 3 workers are project employees. It explains that the
agreement is, if the works contract is cancelled due to the fault of the client, the period of
employment is automatically terminated. Is the contractor correct? Explain. (2.5%)
[b] Can Axis be made solidarily liable with Mario Brothers to pay the unpaid wages and 13th
month pay o f Tristan, Arthur, and Jojo? Explain. (2.5%)