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POLITICAL LAW PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.

Explain your answer in not more than two (2) sentences. (5%) [a] A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of "Lupang Hinirang," is constitutional. [b] Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. [c] A law that makes military service for women merely voluntary is constitutional. [d] A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional. [e] An educational institution 100% foreign-owned may be validly established in the Philippines. II Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy. [a] Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons. (2%) [b] If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not? (2%) [c] If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not? (2%) III The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and

(2%) IV The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. Resolve the motion with reasons. though smaller in size. and to pursue expropriation would be needless expenditure of the people's money. The . Because the man refused to answer. introduced themselves as peace officers. a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. is still suitable for the purpose. invoking state immunity from suit. The team then took the man into custody and submitted the contents of the sachet to forensic examination. in violation of his right to privacy and the Anti-Wire Tapping law. The municipality files a motion to dismiss the complaint. (2) allow gambling only on Sundays. Resolve the objection with reasons. can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. Upon review. the prosecution presented. The team saw a man with reddish and glassy eyes walking unsteadily towards them. (3) allow gambling only in government-owned casinos.appropriating the funds needed therefor. (3%) V To address the pervasive problem of gambling. Congress is considering the following options: (1) prohibit all forms of gambling. Is the disapproval of the ordinance correct? Explain your answer. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent. (2%) VI In a criminal prosecution for murder. [a] If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling. would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. but he immediately veered away upon seeing the policemen. and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings. then asked what he had in his clenched fist. an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. (3%) VII Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. as witness. the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which. (2%) [b] If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling. The team approached the man.

and the Governor of the Bangko Sentral ng Pilipinas (BSP). thus. in order to prevent the recurrence of any similar fraudulent activity. prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons. (2%) Decide with reasons. During the trial. in violation of R. in aid of legislation. the accused: [a] challenged the validity of his arrest. claiming that it was obtained in an illegal search and seizure. thus. (2%) and [b] objected to the admission in evidence of the prohibited drug. an American. 8799. The man was accordingly charged in court. and sired three . On the date set for the hearing. The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena. took up permanent residence in the United States. VIII Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities. the Chairman and Commissioners of the Securities and Exchange Commission (SEC).crystalline substance in the sachet turned out to be shabu. who are also respondents in the criminal and civil cases in court. refuse to attend the legislative inquiry? Why or why not? (3%) IX Warlito. He then married Shirley. [c] May the Governor of the BSP validly invoke executive privilege and. the legislative inquiry would preempt judicial action. only the SEC Commissioners appeared. raising the following arguments: [a] The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor's office. and eventually acquired American citizenship. He then filed. to testify at the inquiry would violate their constitutional right against self-incrimination. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB. (3%) Are the foregoing arguments tenable? Reasons.A. a natural-born Filipino. (3%) and [b] Compelling the IUB officials. and the House of Representatives unanimously approved. a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter.

Maximino appealed to the Civil Service Commission (CSC). and Luisa --. Warlito Jr. finding Maximino guilty..become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer. Explain your answer in not more than two (2) sentences. or FALSE if the statement is false. is administratively charged with dishonesty and gross misconduct. Jr. While in the Philippines. [a] Having reacquired Philippine citizenship. Warlito decided to visit the Philippines with his wife and children: Johnny. (3%) [b] With Warlito having regained Philippine citizenship. 17. which affirmed the Secretary's decision. Warlito. and Luisa. (3%) *** END OF PART I *** PART II XI TRUE or FALSE.children. is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer.. 20. On the 60th day of the preventive suspension. (5%) . [a] Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons. 9225. an employee of the Department of Education. why? If not. he took the oath of allegiance required under R. (3%) X Maximino. 23 years of age. Thus. In August 2009. will Shirley also become a Filipino citizen? If so. nationality. Answer TRUE if the statement is true. During the formal investigation of the charges. exonerating Maximino.Johnny. a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. and ordered his immediate dismissal from the service. the Secretary rendered a verdict. the Secretary of Education preventively suspended him for a period of sixty (60) days. The CA reversed the CSC decision. (3%) [c] Do the children --. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision.A. Maximino then elevated the matter to the Court of Appeals (CA). is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer. (2%) [b] If the SC affirms the CA decision. what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain.

the police investigator. Then.S. but being a poor country. Philippine courts have no jurisdiction because the U. State that has outlawed capital punishment. Was William denied his Miranda rights? Why or why not? (3%) [c] If William applies for bail. [e] Dual citizenship is not the same as dual allegiance. William protested his arrest. is powerless to stop it. The request was denied. should William be granted bail as a matter of right? Reasons. embassy.S.[a] Aliens are absolutely prohibited from owning private lands in the Philippines. [c] The President exercises the power of control over all executive departments and agencies. and brought him to the nearest police station. The government of Asyaland does not support the terrorist group. informed William of his Miranda rights. entitled to receive the salaries and emoluments attached to the public office he holds. and that he should have been informed of his rights as soon as he was taken into custody. he killed the person he was arguing with. XII William. Is William correct? Explain your answer. (3%) XIII A terrorist group called the Emerald Brigade is based in the State of Asyaland. in halting English. including government-owned or controlled corporations. [a] He argued that since the incident took place inside the U. in front of many shocked witnesses. and assigned him an independent local counsel. Upon reaching the station. and the counsel assigned by the police stayed for the duration of the investigation. by right.S. thus. not when he was already at the police station. technically. a private American citizen. that being an American. a university graduate and frequent visitor to the Philippines. [d] Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory. . claiming that he is entitled thereto under the "international standard of justice" and that he comes from a U. no crime under Philippine law was committed. William refused the services of the lawyer. and insisted that he be assisted by a Filipino lawyer currently based in the U. was inside the U.S. he should have been informed of his rights in proper English.S. embassy grounds are not part of Philippine territory. [b] A de facto public officer is. The police came. embassy when he got into a heated argument with a private Filipino citizen. (3%) [b] He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice.

Which contention is correct? Reasons. the Philippines demanded that Asyaland stop the Emerald Brigade." The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. It then warned that more attacks were forthcoming. KMM filed suit to compel disclosure of the negotiation details. A loose organization of Filipinos. firing two missiles that killed thousands of Filipinos. as well as copies of the minutes of the meetings. and it appearing that Asyaland was incapable of preventing the assault. then immediately returned to the Philippines. Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade. [a] Decide with reasons. the municipal laws of the Philippines. Decide with reasons. and be granted access to the records of the meetings. therefore. the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations. the terrorist argues that terrorism is not an international crime and. (3%) [b] Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%) XV . should apply. On the other hand. The Philippine Government insists that a special international tribunal should try the terrorist. invoking the constitutional right of the people to information on matters of public concern. (3%) [b] As a consequence of the foregoing incident.The Emerald Brigade launched an attack on the Philippines. the Philippines sent a crack commando team to Asyaland. Through diplomatic channels. The DFA and the DND refused.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial integrity or political independence of any State. Asyaland charges the Philippines with violation of Article 2. contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. otherwise. [a] Was the Philippine action justified under the international law principle of "self-defense" ? Explain your answer. it will do whatever is necessary to defend itself. (3%) [c] Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The team stayed only for a few hours in Asyaland. succeeded in killing the leaders and most of the members of the Emerald Brigade. which recognize access of the accused to constitutional rights. (3%) XIV The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces.

1986. XVI [a] Angelina. owns a sprawling plant in a 5. will you exonerate Angelina? Reasons. for the last fifteen (15) years. (3%) and [b] While Memorandum Circular No. As members of the religious sect. KKK-TV filed a certiorari petition in court. the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. also a member of Yahweh's Observers. but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. She had been living with a married man.The KKK Television Network (KKK-TV) aired the documentary. Jenny. If you were to judge this case. but maintains that this conjugal understanding is in conformity with their religious beliefs. "Case Law: How the Supreme Court Decides. (2%) Resolve the foregoing issues. it has the power of prior review over all television programs. is a Division Chief in the Department of Science and Technology. The suspension order was ostensibly based on Memorandum Circular No. the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion. not her husband. with reasons. 1986. they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders.D. except "newsreels" and programs "by the Government". Yahweh's Observers. To remedy the city's acute housing shortage." without obtaining the necessary permit required by P. 98-17 which grants MTRCB the authority to issue such an order. MTRCB declared that under P. At the formal investigation of the administrative case. raising the following issues: [a] The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed freedom of expression. a local manufacturer of computers and computer parts.D. Jenny filed suit in court. the Sangguniang Panglungsod . 98-17 was issued and published in a newspaper of general circulation. (3%) [b] Meanwhile.000-square meter lot in Pasig City. Consequently. a married woman. compounded by a burgeoning population. (2%) XVII Filipinas Computer Corporation (FCC). and the subject documentary does not fall under either of these two classes. she admits her live-in arrangement. was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Will Jenny's case prosper? Explain your answer. a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. Administratively charged with immorality and conduct prejudicial to the best interest of the service.

[a] If FCC hires you as lawyer. (5%) [a] An employment contract prohibiting employment in a competing company within one year from separation is valid. but the City delays payment of the amount determined by the court as just compensation. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its homeless residents. . (5%) [b] If the Court grants the City's prayer for expropriation.authorized the City Mayor to negotiate for the purchase of the lot. can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) XVIII What are the essential elements of a valid petition for a people's initiative to amend the 1987 Constitution? Discuss. the City filed a complaint for eminent domain against FCC. (2%) LABOR AND SOCIAL LEGISLATION PART I I TRUE or FALSE. but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot. Explain your answer in not more than two (2) sentences. (2%) [c] Suppose the expropriation succeeds. can FCC recover the property from Pasig City? Explain. what defense or defenses would you set up in order to resist the expropriation of the property? Explain. Answer TRUE if the statement is true. or FALSE if the statement is false.

citing Article 4 of the Labor Code. an employee of Juan. to work in Qatar for a period of two (2) years. Mideast Recruitment Agency (MRA). was recruited by Supreme Recruiters (SR) and its principal. [c] A runaway shop is an act constituting unfair labor practice. not the Labor Code. a driver-mechanic. SR and MRA traversed Richie’s complaint. (2%) [b] Because Richie was not able to leave for Qatar. the Labor Arbiter.00. II [a] Enumerate at least four (4) policies enshrined in Section 3. Aggrieved. Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years’ salary under the POEA-approved contract. In the illegal dismissal case instituted by Clarito. the NLRC reversed the Labor Arbiter holding that LABOR AND SOCIAL LEGISLATION Article 4 applies only when the doubt involves "implementation and interpretation" of the Labor Code provisions. On appeal. MRA advised SR to forego Richie’s deployment because it had already hired another Filipino driver-mechanic. who had just completed his contract in Qatar.000. the substitutionary doctrine prohibits a new collective bargaining agent from repudiating an existing collective bargaining agreement.[b] All confidential employees are disqualified to unionize for the purpose of collective bargaining. no employer-employee relationship was established between them. (2%) [b] Clarito. Is the NLRC correct? Reasons. However. ruled in favor of Clarito upon finding Juan’s testimony doubtful. Article XIII of the Constitution that are not covered by Article 3 of the Labor Code on declaration of basic policy. was dismissed for allegedly stealing Juan’s wristwatch. The NLRC explained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the Rules onEvidence. soon after the contract was approved by POEA. raising the following arguments: [a] The Labor Arbiter has no jurisdiction over the case. (2%) and . (3%) III Richie. [e] The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5. [d] In the law on labor relations.

and assigned to build a small house in Alabang. cannot be dismissed from the service for breach of trust. a 40-year old employer. a carpenter. a bus conductor of San Juan Transportation Company. (3%) [b] Domingo. Baldo returned to his employer and demanded reinstatement and full backwages. why not? (3%) V [a] Baldo was dismissed from employment for having beenabsent without leave (AWOL) for eight (8) months. It turned outthat the reason for his absence was his incarceration after he was mistaken as his neighbor’s killer. (3%). which says that one of the duties of a domestic helper is to minister to the employer’s personal comfort and convenience. to give him a private massage. therefore. Is Domingo correct? Reasons. his long-time crush. not two years. When Inday refused. their liability would. was hired by Building Industries Corporation (BIC). His contract of employment specifically referred to him as a "project employee. Kim. intentionally did not issue a ticket to a female passenger. what are the due process requirements that the BIC must satisfy? If not. Is the completion of the house a valid cause for the termination of Diosdado’s employment? If so. Eventually acquitted and released from jail." although it did not provide any particular date of completion of the project. (3%) [b] Distinguish briefly. asked his domestic helper. Is Baldo entitled to reinstatement and backwages? Explain your answer. LABOR AND SOCIAL LEGISLATION IV Diosdado. be equivalent to Richie’s salary for only six (6) months. " (2%) VII . but clearly. a "househelper" from a "homeworker. [a] Is Inday’s refusal tenable? Explain. As a result. at most. claiming that he is not a confidential employee and. Rule on the validity of the foregoing arguments with reasons. Albert showed her Article 141 of the Labor Code.[c] Even assuming that they are liable. (2%) LABOR AND SOCIAL LEGISLATION VI Albert. Domingo contests his dismissal. Domingo was dismissed from employment for fraud or willful breach of trust. Inday.

Would the Labor Arbiter’s finding be sufficient to secure the Manager’s conviction? Why or why not? (2%) VIII Alexander. . After six (6) months of being on "floating" status. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. JSA appealed the decision to the NLRC. (2%) and [b] The union went on strike without complying with the strike-vote requirement under the Labor Code. a security guard of Jaguar Security Agency (JSA).Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR). the NMMR filed a criminal case against the Manager of Manila Restaurant. a legitimate labor organization. (2%) Rule on the foregoing contentions with reasons. and seeks your advice on the following: [a] Because JSA has no client who would accept Alexander. Management filed an action to declare the strike illegal. The Labor Arbiter upheld Alexander’s claim of constructive dismissal and ordered JSA to immediately reinstate Alexander. could not be given any assignment because no client would accept him. LABOR AND SOCIAL LEGISLATION [c] The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. Thereafter. contending that: [a] The union did not observe the "cooling-off period" mandated by the Labor Code. can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%) [b] Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%) [c] If the order of reinstatement is being enforced. He had a face only a mother could love. The decision became final. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending. JSA hires you as lawyer. what should JSA do in order to prevent reinstatement? (2%) Explain your answers. On the same day Johnny received the notice of termination. the labor union went on strike. Alexander sued JSA for constructive dismissal.

(2%) [b] What procedural remedies are open to workers who seek correction of wage distortion? (2%) X [a] State briefly the compulsory coverage of the Government Service Insurance Act. [e] Agency fees cannot be collected from a non-union member in the absence of a written authorization signed by the worker concerned. [c] Government employees have the right to organize and join concerted mass actions without incurring administrative liability. or FALSE if the statement is false. (2%) [b] Can a member of a cooperative be deemed an employee for purposes of compulsory coverage under the Social Security Act? Explain. Explain your answer in not more than two (2) sentences. (2%) *** END OF PART I *** LABOR AND SOCIAL LEGISLATION PART II XI TRUE or FALSE. XII .LABOR AND SOCIAL LEGISLATION IX [a] What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on strike? Explain. (5%) [a] Seafarers who have worked for twenty (20) years on board the same vessel are regular employees. [d] A waiver of the right to claim overtime pay is contrary to law. [b] Employment of children below fifteen (15) years of age in any public or private establishment is absolutely prohibited. Answer TRUE if the statement is true.

in very productive and lucrative posts. As judge.000. Responding to the call.00.related or employment environment? Reasons. [a] Did Renan commit acts of sexual harassment in a work. Inc. and (2) a law allowing contractualization in all areas needed in the employer’s business operations. to soften the impact of these new measures. Will the case prosper? Reasons. namely: (1) a law abolishing the security of tenure clause in the Labor Code. After the seminar. Renan. how will you rule? (5%) XIII Atty. Miss Maganda. The Service Agreement warrants. among others. of the lady supervisors in the firm are where they are now. Congress passed two innovative legislative measures. succeeded in having him expelled from the firm. conducted the orientation seminar for newly-hired employees of the firm. that MMSI has a paid. in its operations. (MMSI). Left alone in the training room. Renan asked Maganda to go out with him for dinner and ballroom dancing. consisting of cashiers. a job contractor registered with the Department of Labor and Employment. among them.In her State of the Nation Address. Thereafter. because of his favorable endorsement. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case with claims for damages against the firm. During all these. to provide its restaurants the necessary personnel. It engaged Matiyaga Manpower Services. the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees. if not all. However.up capital of P2. (2%) XIV Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the country. that it would train and determine the LABOR AND SOCIAL LEGISLATION . he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. (3%) [b] The lady supervisors in the firm. the President stressed the need to provide an investor-friendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. Renan told Maganda that most. Renan requested Maganda to stay. a CPA-lawyer and Managing Partner of an accounting firm. LABOR AND SOCIAL LEGISLATION The constitutionality of the two (2) laws is challenged in court. motorcycle delivery boys and food servers.000. slighted by Renan’s revelations about them. purportedly to discuss some work assignment.

against whom may these workers file their claims? Explain. Union C . that it would provide these personnel with proper Jolli-Mac uniforms. (2%) XV Among the 400 regular rank-and-file workers of MNO Company. that MMSI had no other clients except Jolli. holiday pay. and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits. and service incentive leave pay.4 There were no objections or challenges raised by any party on the results of the election. Union A . 13th month pay.70 2. Union B . No union . based on research conducted. including overtime pay. Spoiled votes . LABOR AND SOCIAL LEGISLATION [a] Can Union B be certified as the sole and exclusive collective bargaining agent among the rank-and-file workers of MNO Company considering that it garnered the highest number of votes among the contending unions? Why or why not? (3%) .42 4. [a] Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why not? (3%) [b] If the cashiers. it was revealed.qualification and fitness of all personnel to be assigned to Jolli. The contending parties obtained the following votes: 1. delivery boys and food servers are not paid their lawful salaries. and one of its major owners was a member of the Board of Directors of Jolli-Mac.180 6. a certification election was ordered conducted by the Med-Arbiter of the Region.Mac. After the contract was signed.33 5.Mac. Union D .71 3.

the Union declared a deadlock. For the 4th and 5th years of the CBA. the Company and the Union started negotiations to renew the CBA.000 per year for actual hospital confinement.have chosen not to be represented by any union? Reasons. on April 3. 2008. 2007. Despite mutual good faith and earnest efforts. all fringe benefits contained therein are considered withdrawn and can no longer be implemented.500. (3%) XVI The Company and Triple-X Union. As expected. Management learned that the Union would declare a bargaining deadlock on the next scheduled bargaining meeting. 2008. effective immediately.a clear plurality of the voters --.200 monthly. they could not agree. However. no CBA had been concluded. no union filed a petition for certification election during the freedom period. entered into a Collective Bargaining Agreement (CBA) effective for the period January 1. 2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each employee. management issued a formal announcement in writing. the certified bargaining agent of rank-and-file employees. In the afternoon of the same day.[b] May the management or lawyer of MNO Company legally ask for the absolute termination of the certification election proceedings because 180 of the workers --. 2002 to December 31. (2%) . 2006 and January 1.000 per year for the purchase of medicines and hospitalization assistance of P10. that due to the CBA expiration on December 31. 3) Medical subsidy of P3. 2007. On March 30. [a] When was the "freedom period" referred to in the foregoing narration of facts? Explain. respectively. 2007. LABOR AND SOCIAL LEGISLATION 4) Rice Subsidy of P600 per month.000 and P1. and 5) Birthday Leave with Pay and Birthday Gift of P1. posted on the bulletin board. effective January 1. (3%) [c] If you were the duly designated election officer in this case. the significant improvements in wages and other benefits obtained by the Union were: 1) Salary increases of P1. what would you do to effectively achieve the purpose of certification election proceedings? Discuss. As early as October 2007. provided the employee has worked for at least 20 days within the particular month.

he was not afforded due process by management prior to his termination. 2008. what legal recourse or action would you advise? Reasons. He filed suit for illegal dismissal. (2%) [d] If you were the lawyer for the union. (3%) [b] Explain the impact of the union security clause to the employees’ right to security of tenure. (3%) [c] Is management’s withdrawal of the fringe benefits valid? Reasons. will a petition for certification election filed by another legitimate labor union representing the rank-and-file employees legally prosper? Reasons. He demands reinstatement with full backwages. (2%) . [a] What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain.[b] After April 3. (3%) LABOR AND SOCIAL LEGISLATION XVII Alfredo was dismissed by management for serious misconduct. alleging that although there may be just cause. (3%) [b] Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%) XVIII [a] Cite four (4) instances when an illegally dismissed employee may be awarded separation pay in lieu of reinstatement.