ALBANO BAR REVIEW CENTER

LABOR LAW 2016
(Dean Poquiz lectures)

exposed to the same danger being experienced by
Principles in Labor Law ordinary commuters: the employer is not the insurer of
the safety of the worker. Employer not liable.
I. STATE INSURANCE FUND is a trust fund. It is a tax
except fund, created out of the contributions of the EXCEPTIONS:
employers, based on the salaries of the workers. 1) PROXIMITY RULE. Accident happened while
Primarily liable to pay compensation, worker is in the point of entrance or at the
point of exit in the company premises. He is
Q: Is there an exception where the State Insurance Fund still in the proximity of the working area. He
is not liable? is still in the periphery (point of entrance/
A: YES, under the doctrine of limited liability. exit of the working area.
2) Using a company supplied transport vehicle
Q: What is the doctrine of limited liability? during work, met an accident (shuttle buses
A: That the State Insurance Fund is not liable of injuries of company, going to and from of work),
arising out of the following: 3) Employer requested his employee to 18:43
1) Intoxication minutes
An intoxicated / drunk worker is one who is III. CONSTRUCTIVE DISMISSAL
entirely out of himself. He can commit self (Example of “short but loaded” answer with
inflicted injury or death. legal anchor in the BAR) A woman employee due to
frequent sexual remarks uttered by her superior officer,
Q: Is the self inflicted injury or death she was compelled to resigned, so she resigned.
compensable? Q: Can she file a case for constructive dismissal?
A: Not compensable as a RULE. For example, A: YES, the woman employee can file a case for
SUICIDE. constructive dismissal because continued employment
Exceptions. SUICIDE is COMPENSABLE under has become impossible, unreasonable, unlikely or
the following: unbearable based on the circumstances, brought upon
a) Insanity: It must be proven by substantial by the constant, frequent sexual remarks being uttered
evidence by the superior officer.
b) It arises out of an uncontrollable impulse Therefore, she can file a case for constructive
c) At the point of death because he is in the dismissal.
state of delirium
Q: A group of employees assigned to a living
2) Self inflicted injury quarter that is very dirty, no comfort room, full of
3) Notorious negligence cobwebs, worse, there are rats, cockroaches living
The worker DELIBERATELY disregarded his own around the area. They resigned. Can they file a case for
personal safety. constructive dismissal?
For example: A: YES, because continued employment has
Rex Publishing Bookstore delivered books going become unbearable based on the circumstances due to
to Baguio. The driver and delivery man returned rats, etc.
via a long, winding, descending, and zigzag road
at a speed of 200 miles/hour. No trace of the IV. CONCEPT OF REGULAR EMPLOYMENT
driver except the skeletal parts of the delivery
man. Q: Is Pedro, an auto mechanic in a repair shop, a
regular employee thereof?
Q: Is the death compensable? A: YES, an auto mechanic, is a regular employee.
A: Non compensable because the driver is He performs job that is usually necessary and desirable
notoriously negligent. He deliberately in the usual business of the employer that of an auto
disregarded his own personal safety. repair shop.

II. The COMING and GOING RULE Q: In the same auto repair shop, they hire the
Q: In taking the usual route in coming from and services of a carpenter. Is the carpenter a regular
going to the place of work. An injury or death of the employee thereof?
employee happened. Is the injury or death compensable? A: NO, because he performs job that is NOT
A: (2008 Bar Q. Dean Poquiz as labor law USUALLY NECESSARY AND DESIRABLE IN THE USUAL
examiner, this is his answer) NON COMPENSABLE. BUSINESS OF THE EMPLOYER that is, an auto repair
shop. He only performs work incident to the principal
Q: An employee departed from the place of work activity. Indeed, he is merely a casual employee.
and took a public conveyance (jeep, bus, taxi). He is

1 Transcribed by Alexylle Rose Garsula – Concepcion | TO GOD BE THE GLORY!