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NEW ERA UNIVERSITY

COLLEGE OF LAW

COURSE SYLLABUS : LABOR STANDARDS

LECTURER : Atty. Allen Blair B. Boy
(1st Semester, AY 2019-2020)

Objectives: To provide the students substantial knowledge in Labor Standards Law; to enhance
students’ knowledge and understanding on employment relationship and related concepts, State
Policies, laws, principles, regulations, rules and institutions governing Employer-Employee Relationship,
Labor standards on working hours, wage and wag-related benefits, safety and health, social protection
and non-discrimination in employment, processes and interactions and includes security of tenure,
employee discipline and termination of employment, and to prepare the students for the Bar
Examinations in Labor Law and Social Legislation.

GROUND RULES:

 Be prepared at all times. Participate responsibly in the class.

 Do not use cellphones and laptops connected or not to a WiFi while class is ongoing except for
presentation purposes only.
 Uphold the Honor System
 Attendance is a must. (maximum absences: 3 only)

METHODOLOGY:

 Recitations, reports, written assignments, quizzes, case digests, and examinations.

 Interactive discussions and sharing of actual knowledge and experiences on the topics discussed
or to be discussed.

GRADING SYSTEM:

MIDTERM- 50%; FINALS- 50%

FINAL GRADE: MIDTERM PERCENTAGE + FINAL PERCENTAGE

CONSTITUTIONAL AND LEGAL BASIS

1987 CONSTITUTION (Provisions Relating to Labor)

SPECIAL LAWS RELATED TO PRE-EMPLOYMENT:

(Book I of the Labor Code)
I.1 Migrant Workers and Overseas Filipinos Act
(R.A. No. 8042, as amended)
I.1.1 Rules Implementing R.A. No. 8042, as amended by R.A. No. 10022
1.1.2 New Rules on Local Employment
1.1.3 New Rules on OFW’s – Sea based
1.1.4 New Rules on OFW’s – Land based
1.1.3 Department Order No. 153-16 Implementing Rules and Regulations of RA No. 10706 otherwise
known as the "Seafarers Protection Act"
1.1.4 POEA SEC
Department Order No. 190 – Series of 2018, Guidelines on the Implementation of “Sa Pinas, Ikaw ang
Ma’am at Sir, Program”

SPECIAL LAWS/RULES RELATED TO HUMAN RESOURCES DEVELOPMENT:

(Book II of the Labor Code)
II.1 TESDA Act (R.A. No. 7796)
II.2 Department Order No. 157-16 Implementing Rules and Regulations of RA 8759, otherwise known
as the PESO Act of 1999, as amended by RA No. 10691
Department Order No. 186 – Series of 2017, Revised Rules for the Issuance of Employment Permits to
Foreign Nationals
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II.3 Magna Carta for Disabled Persons (R.A. No. 7277)

II.3.1 Rules on Employment of Persons with Disabilities
Labor Advisory No. 14, Entitlement of Qualified Employees with Disability to Labor Standard and other
Statutory Benefits

SPECIAL LAWS/RULES RELATED TO CONDITIONS OF EMPLOYMENT:

(Book III of the Labor Code and its IRR)
Department Order No. 195-18, Rule amending Section 10 of Rule VIII of the IRR of the LC on Wage
Deduction
III.1 Paternity Leave Act of 1996 (R.A. No. 8187)
III.1.1 Revised Rules Implementing R.A. No. 8187
III.2 Thirteenth Month Pay Law (P.D. No. 851) Annotated
III.2.1 Rules Implementing P.D. No. 851
III.2.2 Revised Guidelines on the 13th-Month Pay Law
Labor Advisory No. 18, Series of 2018, Payment of Thirteenth Month Pay.
III.3 Magna Carta of Women (R.A. No. 9710)
III.3.1 Guidelines on Special Leave of Women
Department Advisory 01-19 Guidelines on the Computation of Salary Differential of Female Workers
during her Maternity Leave and its Criteria for Exemption Pursuant to Republic Act No. 11210 and its
implementing rules and regulations.
III.4 Solo Parents Welfare Act of 2000 (R.A. No. 8972)
III.5 Protection Against Child Abuse (R.A. No. 7610, as amended
by R.A. No. 9231) Elimination of Worst Forms of Child Labor
III.5.1 Rules Implementing R.A. No. 9231 which amends
R.A. No. 7610
Department Circular No. 2, Series of 2018 – Amending Department Circular No. 2, Series of 2017
(Guidelines on the issuance of work permit for children below 15 years of age engaged in public
entertainment or information)

III.6. Forced Labor and Slavery (R.A. 9206)

III.7 Anti-Violence Against Women and Children (AVAWC)
(R.A. No. 9262)
III.8 The Anti-Sexual Harassment Act of 1995 (R.A. No. 7877) Annotated and its IRR
III.9. Unlawful Matching of women with Foreigners (RA 6955)
III.10. Promoting and integrating women as full and equal with men (RA 7192)
III.11 Kasambahay Law or Batas Kasambahay (RA NO. 10361) and its IRR
Labor Advisory No. 17, Clarificatory Guidelines on Handling Kasambahay Complaints / Request for
Assistance
Labor Advisory No. 10 Series of 2018, Entitlement of Kasambahay to other Statutory Leave Benefits and
Labor Standards Benefits.

III. 12 Department Order No. 119-12, 12 RA 10151 (Night Workers) and it’s Implementing Rules
III. 13 Department Order No. 170 , RA 10911 Anti-age Discrimination Law
III. 14 Department Order No. 175, 14 RA 10917: An Act amending certain provisions of RA No. 9547,
otherwise known as An Act strengthening and expanding the coverage of the special program for
employment of students, amending for the purpose provisions of RA No. 7323, otherwise known as the
Special Program for Employment of Students
Department Order 204-19, Guidelines in the Implementation of the DOLE-Government Intervention
Program (DOLE-GIP)

III. 15 Department Order No. 156-16 Rules and Regulations governing the Working and Living
Conditions of Fishers on board Fishing Vessels engaged in Commercial Fishing Operation
Department Order No. 196-18, amending Section 1, Rule V and Section 1, Rule VI of DO 156-16.
III. 16 Department Order No. 155-16 Rules and Regulations Governing the Employment and Working
Conditions of Collectors in the Debt Collection Industry
III. 17 Department Order No. 131-B-16 Revised Rules on Labor Laws Compliance System
III. 18 Department Order No. 149-2016 Guidelines in Assessing and Determining Hazardous Work in
the Employment of Persons Below 18 Years of Age,
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Department Order 202-19 Implementing Rules and Regulations of Republic Act No. 11165 otherwise
known as the “Telecommuting Act”

SPECIAL LAWS RELATED TO TERMINATION OF EMPLOYMENT

Book VI-POST EMPLOYMENT and its Implementing Rules, Department Order No. 147-15, Series of
2015)
Department Circular No. 01, Guidelines on the Issuance of DOLE Certification as a Requirement for the
Application for Payment of Unemployment Insurance or involuntary Separation Benefit.

(CONTRACTING AND SUBCONTRACTING ARRANGEMENTS and It’s Implementing Rules, Department

Order No. 174- 17, Series of 2017)
Labor Advisory No. 6 Series of 2018, Clarificatory Guidelines on Renewal of Registration of Contractors
under D.O 174, Series of 2017
Guidelines in the Construction industry; DOLE Circular No. __ Series of 1993
D.0. 150 -16- Security Guards
Department Order No. 151-16 Implementing Rules and Regulations of RA No. 10396, or "An Act
Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases”
The Anti-Sexual Harassment Act of 1995 (R.A. No. 7877) Annotated and its IRR
Retirement Law RA 7641

SPECIAL LAWS RELATED TO HEALTH, SAFETY

AND SOCIAL WELFARE BENEFITS
(Book IV of the Labor Code and its IRR) Amendments (EXLCUDED IN THE BAR)
DOLE Department Order No. 198, Series of 2018, Implementing Rules and Regulations of Republic Act
No. 11058 (OSHC)
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INTRODUCTION/GENERAL PRINCIPLES/ LABOR AND CONSTITUTION/ INTERNATIONAL COVENANTS/

LABOR & THE CIVIL CODE/ LABOR CODE GENERAL PROVISIONS

(PART I)
I. GENERAL PRINCIPLES
Labor in General; Law Classification; Purpose of Labor Law

II. HISTORICAL PERSPECTIVE

History of Labor in the Philippines
1. Adkins vs Children’s Hospital (261 U.S. 525)
2. People vs. Julio Pomar, G.R. No, L-22008, 03 Nov. 1924
3. West Coast Hotel Co. vs Parrish (300 U.S. 379; 1937)
4. Philippine Association of Service Exporters vs. Drilon (30 June 1988)

III. LABOR AND THE CONSTITUTION

A. Constitutional Provisions – In general – Art. II, Secs. 5, 18
 Aris (Phil.), Inc. v. NLRC, 200 SCRA 246 (91) B.
B. Welfare State
 Alalayan v. National Power Crporation, 24 SCRA 172 (68)
C. Social Justice – Art. II, Sec. 10, and Art. XII, Secs. 1-2, Constitution
Definition
 Calalang v. Williams, 70 Phil. 726 (40)
 Central Bank Employees Association, Inc. v. Bangko Sentral ng Pilipinas, G.R. No.
148208, December 15, 2004;
D. Labor Sector – Art. II, Sec. 18 (Protection to Labor Clause)
Basis of Article 4, and Article 1702 of the Civil Code
Section 18, not meant to oppress employers.
 Agabon v. NLRC, G.R. No. 158693, Nov. 17, 2004.

E. Specific Labor Rights – Art. XIII, Sec. 3 (protection to Labor Clause)

F. Other Provisions relating to Labor under Article II, Sections 9, 10, 11, 13, 14, 18 and 20.

G. Constitutional Rights and Labor Laws

 Globe Mackay Cable vs NLRC (March 3, 1992)
 PLDT vs Balbastro (March 28, 2007)
 Maquiling vs Philippine Tuberculosis Society (February 4, 2005)

H. Constitutional Rights under the Bill of Rights, Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2)

Labor considered as “Property” (Section 1, Article III) The only relevant aspect of Section 1,
Article III, to labor cases
 Phil. Movie Workers Assn. v. Premiere Productions Inc., 92 Phil. 843 (53)
 Sibal v. Notre Dame of Greater Manila, 182 SCRA 538 (90)

Due Process Requirements

 Century Textile Mills, Inc. v. NLRC, 161 SCRA 528 (89)

Section 4, Freedom of Speech, of Expression and of the Press and Peacebly to Assemble
and Petition the Government for Redress of Grievances.
 Phimco industries, Inc. v. Phimco Industries Labor Association (PILA) G.R. No.
170830, August 11, 2010

Section 8, Right to Organize Unions

Relate it to Article 3, 218 (A) (C) and Article 257

Section 10, Non-impairment of Obligations of Contracts

Liberty of Contract and State Interference
 Leyte Land Transportation Co. v. Leyte Farmers and Workers Union, 80 Phil. (48)
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 Victoriano v. Elizale Rope Workers Union, 59 SCRA 54 (74)

 Hacienda Luisita, Inc. v. PARC, G.R. No. 171101, July 5, 2011
 Anucension v. National Labor Union, G.R. No. L-26097, November 29, 1977.
 Serrano v. Gallant Maritime Services, Inc. G.R. No. 167614, March 24, 2009 (Police
power vs. Non-impairment clause)

Section 16, Speedy Labor Justice

 Cadalin v. POEA, NLRC, G.R. Nos. 104911-14 and 105029-32, December 5, 1994

Section 18 (2) Involuntary Servitude

Involuntary Servitude, defined
Note: Article 300, Labor Code, Termination by Employee
 Bank of the Philippines Islands v. BPI Employees Union-Davao Chapter-Federation of
Unions in BPI Unibank, G.R. No. 164301, August 10, 2010

Compulsory fulfillment of military or civic duty – Article 301, exception to

constitutional proscription on involuntary servitude

I. Article XIII of the Constitution, Section 1, Section 2, Section 3, Section 14,

Section 1 (Human Dignity, Inequality and Discrimination)

 International School Alliance of Educators (ISAE) v. Quisumbing, G.R. No. 128845,
June 1, 2000

Section 3 (Article XIII), not self-executing and not judicially enforceable

 Agabon v. NLRC
 Serrano v. Gallant Maritime Services, Inc. 5th par of Sec. 10. Of RA 8042, violated
several provisions of the constitution.
 Asia Brewery, Inc. v Tunay na Pagkakaisa ng mga Manggagawa sa Asia (TPMA), G.R.
Nos. 171594-96, September 18, 2013

Section 14 – Protection to women

Unlawful Matching of women with Foreigners (RA 6955)

J. Constitutional provisions which are not applicable in Labor Law.

Right to due process

 Wenphil Doctrine – Wenphil v. NLRC 170 SCRA 69, February 8, 1989
 Serrano Doctrine – Serrano v. NLRC, G.R. No. 117040, January 27, 2000
 Agabon Doctrine – Agabon v. NLRC, G.R. No. 158693, Nov. 17, 2004
 Abbott Lab Doctrine /Contractual Due Process doctrine – Abbott Laboratories,
Philippines, v. Alcaraz, G.R. No. 192571, July 23, 2013

Right to equal protection of the laws

 Yrasuegui v. Philippine Airlines, Inc. G.R. No. 168061, Oct. 17, 2008
Discrimination in employment and occupation; types of discrimination?
Protected characteristics (ILO 111)
Anti-age discrimination in employment – RA 10911
 PT and T v NLRC, 272 SCRA 596, May 23, 1997
 RE: Request of Muslim Employees in the Different Courts in Iligan City (RE: Office
hours); A.M. No. 02-2-10-SC, Dec. 14, 2005
 ISAE v. Quisumbing, G.R. No. 128845, June 11, 2000
 Wise and Co. v. Wise and Co. Emp. Union, G.R. No. L-87672, Oct 13, 1989
 Tiu v. Platinum Plans, Inc., G.R. No. 163512, Feb. 28, 2007
 Star Paper Corp v. Simbol, G.R. No. 164774, April 12, 2006

Right against self-incrimination; exception; right against self incrimination must be

claimed; otherwise, waived.
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 Rosete v. Lim, G.R. No. 136051, June 8, 2006

Right to counsel and to remain silent; invocation of right to counsel in an administrative

proceeding is not available
 Manuel v. N.C. Construction Supply, G.R. No. 127553, Nov. 28, 1997, 282 SCRA 326

Effect of failure of employer to inform employee of his right to counsel

 Punzal v. ETSI Technologies, Inc. G.R. Nos. 170384-85, March 9, 2007
 Lopez v. Alturas Group of Companies, G.R. No. 191008, April 11, 2011, 647 SCRA 568

Right against unreasonable searches and seizures and to privacy of communication and
correspondence
 Waterous Drug Corporation v. NLRC and Catolico, G.R. No. 113271, October 16,
1997, 280 SCRA 735
 People v. Andre Marti, G.R. no. 81561, Jan. 18, 1991, 193 SCRA 57.
 Pollo v. Chairperson Karina Constantino-David, G.R. No. 181881 Oct. 18, 2011

IV. INTERNATIONAL COVENANTS AND LABOR AND WELFARE LAWS

1. Universal Declaration of Human Rights (Art. 3, 7, 17, 22, 23, 24,25)
2. International Covenant of Economic, Social and Cultural Rights (Part III, Arts. 6,7, 9 and
11)
 International School Alliance of Educators (ISAE) v. Quisumbing, G.R. No. 128845,
June 1, 2000
 Standard Chartered vs. Confessor (June 16, 2004)

V. LABOR AND THE CIVIL CODE

A. Role of Law – Art. 1700, New Civil Code of the Philippines
 Becmen Service Exporter and Promotion, Inc. v. Spouses Simplicio and Mila
Cuaresma, G.R. Nos. 182978-79 & 184298-99, April 7, 2009
 Leyte Geothermal Power Progressive Employees Union ALU-TUCP v. Philippine
National Oil Company-Energy Development Corp, G.R. no. 170351, March 30, 2011

B. Employer-Employee Standard of Conduct – Art. 1701, New Civil Code of the Philippines
 PAL Employees vs. NLRC (August 22, 1996)
 PT & T vs. NLRC, 272 SCRA 596

C. Article 1702, New Civil Code of the Philippines in relation to Article 4 of the Labor
Code
Doubt or ambiguity in labor contracts
 Colegio de San Juan de Letran-Calamba v. Villas, G.R. No. 137795, March 26, 2003
Doubt or ambiguity in evidence
 Century Canning Corporation v. Ramil, G.R. No. 171630, August 8, 2010, 627 SCRA
192, 202

D. Article 19 (Saving provision), New Civil Code of the Philippines

 Mata v. Agravante, G.R. No. 147597, August 6, 2008
 Czarina Malvar v. Kraft Food Phils., Inc. G.R. No. 183952, Sept. 09, 2013

VI. THE LABOR CODE OF THE PHILIPPINES

A. Name of Decree (Art. 1); Date of Effectivity; (Art. 2)

B. Declaration of Basic Policy (Art. 3) Memorize
C. Construction in Favor of Labor (Art. 4) in rel. to Art 1702 CC, Memorize
D. Rule Making Power of DOLE: (Art. 5) Validity;
E. Applicability of the Labor Code – Art 6; 291 (276); Art. IX, B. Sec. 2 (1), Constitution
Application of the Labor Code to Filipinos and Foreigners (Expats)
 United Tourist Promotions (UTP) and Ariel Jersey v. Harland B. Kemplin, G.R. No.
205453, February 5, 2014
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 Dreamland Hotel Resort and Westley Prentice, v. Stephen Johnson, G.R. No. 191455,
March 12, 2014

Test/Effectivity/Applicability: When is there an employment relationship, and when there is none

ER as an economic and legal concept and its significance
The various definitions of employer and employee
Be prepared with an employment contract
Elements or tests of employer-employee relationship
Independent and labor only contractors
Bilateral and trilateral employment relationships
ILO Recommendation No. 198: Employment Relationship Recommendation, 2006,

Reasonable Causal Connection Rule (Labor Arbiter vs. Regular Courts)

a. RTC Jurisdiction CBA - Halaguena vs PAL, October 2, 2009
b. Independent Contractor (money claims) - Sonza vs. ABS CBN
c. Managing Associate of a Health care business (money claims) - Consulta vs Court of Appeals,
G.R. No. 145443, March 18, 2004
d. action for damages but based on E-ER, Banez vs. Valdevilla, May 9, 2000
5. Pepsi Cola Distribute Phils vs. Galang, September 24, 1991
6. Bright Maritime Corp vs. Fantonial, G.R. o. 165935, Feb. 18, 2012.

Private School Teachers

 UST vs. NLRC (182 SCRA vs. 371)
 Moreno vs. San Sebastian College (March 28, 2008)

Local Water Districts

 Tanjay Water vs. Gabaton, G.R. No, 63742 and 84300, april 17, 1989 (Local Water
Districts)

GOCC’s and its employees. Check whether GOCC w/ or w/o charter.

 Paloma vs. NLRC and PAL (June 14, 2008)
 PNOC Energy Development Corp. v. NLRC, 201 SCRA 487 (91)
 Hugo vs LRTA, G.R. No. 181866, March 18, 2010
 Feliciano vs Commission on Audit, G.R. No. 147402, January 14, 2004
 Casino Labor Association vs Court of Appeals: GOCC’s PAGCOR, Phil. Casino Operators
Corp, and Phil Special Services Corp. (Original Charter, hence CSC)
 Postigo vs Philippine Tuberculosis Society, Inc, G.R. No. 155146, January 24, 2006.
 Camporedondo vs NLRC and Phil National Red Cross, GOCC with own charter G.R. No.
129049, August 6, 1999
 Trade union of the Philippines and allied services, vs National Housing Corporation, G.R>
No. 49677, May 4, 1989
 Jurisdiction over dismissal of employee for offenses committed while employed by a
GOCC but discovered after it was privatized. Luzviminda Ang vs. PNB, G.R. No. 178762,
June 16, 2010.

Entities immune from suit:

 Department of Foreign Affairs vs NLRC, G.R. No, 113191, September 16, 1996.
 Jusmag Phils vs. NLRC. G.R. No. 108813, Dec 15, 1994 (Foreign Government)
 SEAFDEC v Acosta, G.R. No.s 97468-70, Sept. 2, 1993

Exception to the rule:

 U.S. vs. Hon. Rodrigo, G.R. No. 79470, February 26, 1990, 182 SCRA 644, 664 (Filipino cook
case, proprietary activity)
 Ebro III vs. NLRC, G.R. No. 110187, Sept. 4, 1996, 261 SCRA 399, Estoppel does not confer
jurisdiction over an immune entity. Suability vs. liability

INTERNATIONAL ORGANIZATION:
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 SEAFDEC-AQD vs. NLRC, G.R. No. 86773, Feb. 14, 92, Emp. Of intergovernmental or intl.
org

CORPORATE OFFICERS (termination) and their monetary claims

 WPP Communications vs. Galera, G.R. No. 169207 and Galera vs. WPP Communications,
G.R. No. 169239, 25 March 2010
 Matling Industrial and Commercial Corp vs. Coros, G.R. No 157802, October 13, 2010.
 Locsin vs. Nissan Lease Phils, Inc. G.R. No. 185567 October 20, 2010.
 Renato Real v. Sangu Philippines, Inc. G.R. No. 168757, January 19, 2011
 Cosare v. Broadcom Asia, Inc., G.R. No. 201298, Feb. 5, 2014.

Elements to determine whether a dispute is an intra-corporate controversy or not

 Prudential Bank and Trust Company vs. Reyes, G.R. No. 141093, February 20, 2001
 Rural Bank of Coron (Palawan) Inc. vs. Cortes, G.R. No. 164888, December 6, 2006.

Transfer of jurisdiction from SEC to Regular Courts under RA 8799, (Securities Regulation
Code)

Claims for benefits and damages in intra-corporate cases are cognizable by Regular courts.

Issues involving alien party (when phil. law prevails)

 Pakistan International Airlines Corp vs Ople, G.R. No. 61954, Sept. 28, 1990

Application of the doctrine of forum non conveniens Cases:

 Pacific Consultants International Asia, Inc. v. Schonfeld, G.R. No. 166920, February 19,
2007.
 Manila Hotel Corp v. NLRC, G.R. No 120077, October 13, 2000
 Philippine National Bank v. Cabansag, G.R. No, 157010, 6/21/2005

F. Policy Declaration – Art. 3, LC

G. Law Interpretation – Art. 4, LC Art. 1702, New Civil Code of the Philippines (Note: Discussion
on Labor Code and the Civil Code)

 GSIS vs. Jean Raoet (December 23, 2009)

 ARCO Metal Products vs. SAMARM-NAFLU (May 14, 2008)
 Penaflor vs. Outdoor Clothing (January 21, 2010)
 Ramirez vs. CA (December 4, 2009)
 Olisa vs. Escario (September 27, 2010)

Balancing Conflicting Claims

 Phil. Telephone and Telegraph Corp. v. NLRC, 183 SCRA 451 (90)

H. Work Relationship
1. Various definitions of employer and employee
2. Employer and Employee - Art. 84, 97 (a), (b) (c) and (e); 173 (before 167) (f), (g); 219
(e), (f) and (m) 29; 296
3. R.A. No. 1161, as amended by RA 8282 (SSS Act of 1997, Sec. 8. (c) (d) (j)
4. RA No. 8291 GSIS Act of 1997) Sec. 2 (d)
 Baguio vs. NLRC (October 4, 1991)
 DBP vs. NLRC (233 SCRA 250)
 Neri vs. NLRC and FEBTC (224 SCRA 717)

5. Importance –
 LVN Pictures vs. Philippine Musicians Guild (1) SCRA 132, G.R. No. L-12582, Jan. 28, 1961;
Sampaguita Pictures vs. Philippine Musicians Guild, G.R. No. L-12598, Jan. 28, 1961 (Right
of control test, employee)
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6. Labor Dispute (Article 212 (l), LC)

 SMC Employees Union vs. Bersamira (G.R No. 87700;1990)

7. Employment Contract; perfection and commencement:

 C.F. Sharp & Co. Inc. vs Pioneer Insurance, G.R. No, 179469, Feb. 15, 2012

6. Factors to determine E-ER

 Rosario Bros., Inc. v. Ople, 131 SCRA 72 (84)
 Consulta v. Court of Appeals (March 18, 2005)
 Besa v. Trajano (Dec. 29, 1986)
 Brother Labor Unity Movement of the Phils. v. Zamora (Janunary 7, 1987)

Control Test/Test to Determine Existence of EER (Different Job/Work)

 Ruga v. NLRC, 181 SCRA (90)
 Francisco v. NLRC, August 21, 2006
 Paradise Sauna Massage Corp. v. Ng, 181 SCRA 719 (90)
 Sonza vs ABS CBN, June 10, 2004, G.R. No. 138051(on camera talent-ind cont)
 Orozco vs CA, G.R. No, 155207 Aug 13, 2008
 Dumpit Murillo v. CA, G.R. No. 164652, June 8, 2007
 Farley Fulache v. ABS CBN, G.R. No. 183810, 610 SCRA 567, January 21, 2010 (off camera
talents -emp)
 Ymbong v. ABS CBN, March 7, 2012
 Peoples Broadcasting v. Sec. of Labor, G.R. No. 179652, March 6, 2012
 Fuji Television Network v. Espiritu, G.R. No. 204944-45, Dec. 3, 2014
 Begino v. ABS CBN, G.R. No. 199166, April 20, 2015
 Tongko vs. Manulife (June 29, 2010) (Insurance Agent)
 Insular Life vs NLRC – G.R. No. 84484, 11/15/89 (Insu. Agent)
 Vinoya vs. NLRC (Feb. 2, 2000)
 La Suerte vs. Director of BLR (123 SCRA 679)
 Jo vs. NLRC – G.R. No. 121605. 01/02/2000
 Equitable Bank vs. NLRC, G.R. No, 102467, June 13, 1997 (Lawyer)
 Sycip, Gorres, Velayo and Co. De Raedt, G.R. No, 167648, June 16, 2009.
 Bernante vs. PBA, G.R. No, 192084, Sept. 14, 2011 (Referee)
 South East International Rattan Inc v. Coming, March 12, 2014 (Pakyaw in the plant)
 David v. Macasio, July 4, 2014
 Locsin v. PLDT, October 2, 2009
 Tenazas et. al. v. R. Villegas Taxi Transport, April 2, 2014
 R Transport Corp. v. Ejandra, G.R. No. 148508, May 20, 2004 (Bus Driver)
 Paguio Transport v. NLRC and Melchor, G.R. No. 119500, August 28, 1998 (Taxi Driver)
 Paguio v. NLRC, G.R. No. 147816, May 9, 2003 (account exec.)
 Calamba Medical Center Inc. v. NLRC, G.R. No. 176848, Nov. 25, 2008 (Resident
Physician)
 Javier v. Flyace Corp. February 15, 2012
 Atok Big Wedge Company, Inc. v. Gison, G.R. No. 169510, August 8, 2011 (lawyer-
consultant)
 Republic of the Philippines, rep by SSS v. Asiapro Cooperative, G.R. No. 172101,
November 23, 2007

Department Order No. 155-16 Rules and Regulations Governing the employment and
working conditions of Collectors in the Debt Collection agency

Department Order No. 156-16 Rules and Regulations governing the Work and Working
Conditions of Fishers on Board Fishing Vessels;

Rules on Local Employment

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Economic Reality Test

 Sevilla v. Court of Appeals, 160 SCRA 171 (88)
 Francisco vs NLRC, G.R. No, 170087, August 21, 2006
 Orozco vs CA, G.R. No, 155207 Aug 13, 2008

REGULAR AND NON-REGULAR OR NON-STANDARD FORMS OF EMPLOYMENT (NSFE)

8. Employer-Employee Relationship / Independent Contractor vs Labor Only Contractor –
Is contractualization and Endo the same?
a. Article 106 to Article 109 of the Labor Code
b. Department Order No. 174-17, Series of 2017
b. Department Order No. 18-A, Series of 2011 (Dissect)
c. Department Circular No. 01-12
d. Job Contracting valid exercise of management prerogative
 Goya Inc. v. Goya Inc. Emp. Union-FFW, G.R. No. 170054, January 21, 2013
 Coca-Cola Bottlers v. Dela Cruz, et. al., G.R. No. 184977, 7 December 2009
 Temic Automotive Phils. v. Temic Automotive Phils. Inc. Emp Union-FFW, G.R. No. 186965,
23 December 2009
 Aviado v. Procter and Gamble, G.R. No. 160506, March 9, 2010

e. Labor Advisory No. 10 Series of 2016

f. Effects of Labor-Only Contracting
g. Trilateral relationship in job contracting (Dole Dept 18, Ser. 2002)

Department Order No. 174-17

h. Contracting; permissible contracting; job contracting v. labor only contracting;
Elements of Job-Contracting; Capitalization requirement;
i. Labor Only Contracting Arrangements prohibited by law (Dept Order 18-2, Ser. of
2002; Labor Advisory No. 10, Series of 2016); Elements of labor only contracting
 Manila Memorial Park vs Ezard D, Lluz, GR no. 20845, February 3, 2016

j. Effect of labor only contracting (Labor Advisory No. 10, Series of 2016) and valid job
contracting agreements
 San Miguel Corp v. MAERC Integrated Systems, 405 SCRA 579, July 10, 2003)
k. Salient Features of DOLE 18-2 as amended by DOLE 18-A, Series of 2011 as further
amended by D.O. 174-17;
Mandatory registration of independent contractors; requirements for registration;
obligation of ind. Contractors; effect of non compliance; Net Financial Contracting
Capacity; What cannot be Contracted out(Negative List);

Exemption from New Requirements of DO 18-A (Dept. Circular No. 1, Series of 2012 re:
BPO’s and construction industries) as amended by DO 174-17

DOLE Certification; presumption

 Gallego v. Bayer Phils. G.R. No. 179807, July 31, 2009

Burden of Proof: Principal

 Garden of Memories Memorial Park v. NLRC, G.R. No. 160278, Feb. 8, 2012

Independent Contractors
 Semblante v. CA G.R. No. 196426, August 15, 2011 (Masiador/Sentenciador)
 Babas v. Lorenzo Shipping Corp G.R. No. 186091, Dec. 15, 2010 (Earmarks of an LOC)

Law-Agreement
 Tabas v. California Manufacturing Co., Inc. 169 SCRA 497 (89)

Jurisdiction
 SMC vs. NLRC (61 SCRA 719)
 Pepsi vs. Galang (September 24, 1991)
 11

 Medina vs. Castro Bartolome (116 SCRA 597 G.R No. 59825)

Labor Flexibilization and the “gig” economy – prohibition on labor flexibilization, if any?
The Editorial Board, New York Times, “Defining Employee in the Gig Economy, July 18, 2015”

Short term employment? Precarious work?

VII. OTHER GENERAL LABOR CONCEPTS

a. No work no pay principle –
 Aklan Electric Cooperative v. NLRC, 323 SCRA 258 (2000)

b. Equal pay for equal work rule –

 International School Alliance of Educators (ISAE) v. Quisumbing, 333 SCRA 13 (2000)

c. One Union- One Company Policy Rule

 Philtranco Service Enterprises v. BLR, 174 SCRA 388, (1989)
 Barbizon Philippines, Inc. v. Nagkakaisang Supervisor ng Barbizon 261 SCRA 738 (1996)
Exception

d. Non-Diminution of Benefits Rule (Re other benefits, includes bonus)

 Sevilla Tranding Company v. Semana, 428 SCRA 239 (2004)

e. Last in, First Out Rule (LIFO) –

 Dela Salle University v. DLSU Emp. Asso. 330 SCRA 363 (2000)

f. Burden of Proof in Termination Disputes vs. Proof of fact of Dismissal

 Gurango v. Best Chemicasl and Plastics Inc, G.R. No. 174593, August 25, 2010
 Labadan v. Forest Hills Academy et al., G.R. No. 172295, 23 December 2008
 Cocoplans, inc. v. Villapando, G.R. No.183129, may 30, 2016

VII. MANAGEMENT PREROGATIVE

Definition;
 Royal Plant Worker’s Union v. Coca-Cola Bottlers Phils. G.R. No. 198783, April 15, 2013
(take out chair for additional rest/break)
 Ymbong v. ABSCBN, G.R. No. 184885, March 7, 2012 (automatic resignation once file
Certificate Of Candidacy)
 Pollo v. Chairperson Karina Constantino-David, G.R. No. 181881 Oct. 18, 2011

A. Discipline
Components of the right to discipline
 China Banking Corp vs Borromeo – G.R. No. 156515
 Deles, Jr. vs. NLRC, G. R. No. 121348, March 9, 2000
 Yrasuegui vs. PAL – Oct. 17, 2008

B. Transfer of employees
Two kinds of Transfer; Principles on the prerogative to transfer employees, promote and
demote
 Phil. American Life vs Gremaje – G.R. No. 156963, 2004
 Mendoza vs. Rural Bank of Lucban, G. R. No. 155421, July 7, 2004
 Manila Pavillion v. Delada, G.R. No. 189947, January 25, 2012,
 Prince Transport v. Garcia, G.R. No. 167291, January 12, 2011
 Echo 2000 Commercial Corp. v. Obrero Filipino-Echo 2000, G.R. No. 214092, January 11,
2016

C. Abolish position/automation/reorganization/redundancy/retrenchment programs

 Pantoja v. SCA Hygiene Products Corp., G.R. No. 163554, 23 April 2010

D. Productivity standard
 12

2 schemes of productivity standard; DOLE to Establish Standard Output Rates; Time and
motion studies; Allowed time, meaning; Base rate, meaning
Output rates in work paid by results; effect if determined by employer or by DOLE
 International School Manila v. International School Alliance of Educators (ISAE) G. R. No.
167826, February 5, 2015
 Aliling v. Feliciano, G.R. No. 185829, April 25, 2012
 Philippine American Embroideries vs. Embroidery and Garment Workers, 26 SCRA 634,
639
 Buiser v. Leogardo, Jr., 131 SCRA 151, 158 (1984)

E. BONUS; Bonus, definition

General Rule; Bonus; When demandable and enforceable; when not
Forfeiture of bonus
 Producers Bank of the Philippines v. NLRC, G.R. No. 100701, March 28, 2001, 355 SCRA
489
 Traders Royal Bank v. NLRC, 189 SCRA 274 [1990]
 Republic Planters Bank v NLRC, G.R. No. 117460, January 6, 1997 (forfeiture of bonus)
 Liberation Steamship Co. Inc. v. CIR, 23 SCRA 1105 (68)
 American Wire and Cable Daily Rated Employees’ Union v. American Wire and Cable Co.,
Inc. (April 29, 2005)
 Eastern Telecommunications Phils. Inc. v. Eastern Telecoms Emp. Union, G.R. No.
185665, February 8, 2012

F. Change of working hours/ Changes in Law Requirements/ Union Leave with prior
Management’s approval policy
 Manila Jockey Club Employees Labor Union –PTGWO, v. Manila Jockey Club, Inc. G.R.
No. 167760, March 7, 2007
 St. Luke’s Medical Center Emp. Union-AFW v. NLRC, G.R. No. 162053, 517 SCRA 677,
March 7, 2007
 Malayan Employees Association-FFW v. Malayan Insurance Comp, Inc. G.R. No. 181357,
February 2, 2010

F. Rules on Marriage between employees of competitor-employers

Rules against marriage, when valid and when not valid
Reasonable Business necessity rule as applied to the Prohibition against
marriage policy. Or Bonafide Occupational Qualification Exception Rule
 Duncan Association of Detailman-PTGWO v. Glaxo Welcome Philippines, Inc., G.R. No.
162994, September 17, 2004
 PT & T v. NLRC, G.R. No. 118978, May 23, 1997, 272 SCRA 596
 Star Paper Corp. v. Simbol, G.R. No. 164774, April 12, 2006
 Note: Bonafide Occupational Qualification Rule in Yrasuegui v. PAL, G.R. No. 168081,
October 17, 2008)

G. Rules on pregnancy out of Wedlock and pre-marital sexual relations.

 Cheryll Santos Leus v. St. Scholastica’s College Westgrove, G.R. No. 187226, January 28,
2015

H. Post-employment ban; non-compete and confidentiality clauses

Right to impose post-employment prohibitions
1. Non-compete or non-involvement clauses
 Daisy B. Tiu v. Platinum Plans Phils, Inc. G.R. No. 163512, Feb. 28, 07
 Avon Cosmetics v. Leticia Luna, G.R. No. 153674, 20 December 2006

2. Forfeiture for competition clause;3. Compensation for Competition Clause

4. Garden-Leave Clause; 5. Confidentiality and Non-disclosure clause
6. Non-solicitation clause; 7. Non-recruitment or anti-piracy clause
8. Inventions assignment clause (Intellectual property clause)
 13

VIII COMPROMISE AND WAIVER- Art. 233, Labor Code (before Art. 227)
When valid, when not valid
 Phil. National Construction Corp. v. NLRC (G.R. No. 95816, October 27, 1992)
 Veloso v. DOLE, 200 SCRA 201 (91)
 Union of Filipino Workers v. NLRC, 207 SCRA 435 (92)
 AG & P Co. of Mla. V. NLRC (G.R. No. 127516, May 28, 1999
 ILADAN vs. LA SUERTE INTERNATIONAL MANPOWER AGENCY, INC. GR. No. 203882,
January 11, 2016
 Dela Rosa Liner, Inc. vs. Borela, G.R. No. 207286, July 29, 2015

PART 2
BOOK ONE LABOR CODE
RECRUITMENT AND PLACEMENT OF WORKERS

I. EMPLOYMENT POLICIES, RECRUITMENT AND PLACEMENT OF WORKERS AND AGENCIES

International Labor Standards

Minimum age of employment: ILO Convention no. 138 (Minimum age convention), 1973; ILO
Convention 182 (Elimination of the worst forms of child labour), 1999
Provision of employment services: ILO Convention No. 88 (Organization of Employment Service)
1948

Equality of access: ILO Convention No. 111 (Discrimination in employment and occupation) 1958

General Principles

1. Articles 12 and 13 of the Labor Code

2. Sections 2 to 5 of RA 8042 (Migrant Workers and Overseas Filipinos Act)
3. Rules 1 and 2, Part I of the 2002 POEA Rules
4. Sections 1 and 2 of the Omnibus Rules Implementing RA 8042

Statutory Reference – Arts. 12-39; Book I, Rules III, IV, V, VI, VIII, Omnibus Rules Implementing
the Labor Code; RA 8042

A. Employment Policies – 12; Art. II, Sec. 9, Constitution; RA 8042 or the Migrant Workers and
Overseas Filipinos Act of 1995 (95)

Deployment ban and preconditions to deployment under the police power and the
general welfare clause. RA 8042 Sec. 4 and 5.
 PASE, Inc vs. Drilon (G.R. No. 81958June 30, 1988), right to travel subject to public safety

B. Employment Agencies; Government Machinery

Articles 14, 16, 18, 20, 21 and 24 of the Labor Code;
Executive Order No. 797;
Sections 23 to 30 and 32 to 34 of RA No. 8042;
Presidential Decree No. 1694 ; B.P. 79

1. Public Sector Agencies Employment Offices – 12 (f); 14 (a) and Overseas Employment
Development Board – POEA 1 7

Philippine Overseas Employment Administration (POEA), EO 797 (82), EO 247 (87)

Jurisdiction;
 Chavez vs Bonto-Perez – G.R. No, 109808, 3/01/95

C. Parties
Worker – 13 (a); Private Employment Agency – 13 (c); 12 (f); 14 (a) Private Recruitment
Entity – 13 (e); 12 (f); 14 (a); Principal
 14

D. Recruitment and Placement – 13 (b) (RA 10022) Definition

 People v. Panis, 142 SCRA 664 (86)
 People v. Gasacao (Nov. 11, 2005)
 People vs De Leon, G.R. No, 110391, Feb. 7, 97

Allowed Entities
Allowed Private Agencies and Entities – 16, 25. 18; 12 (f)

Prohibited Business Agencies and Entities – 16, 18, 25, 26

Government Techniques of Regulation – Private Recruitment and Placement Business

License vs. authority
Licensing – Citizenship, Capitalization Duration, Transferability and Fees – 27, 28, 29, 30;
15 (a) 2;
 Seagull Maritime vs Balongan, G.R. No.s 83635-53, 2.28/89

Bonds – 31
 Stronghold Insurance vs. CA, G.R. No, 88050, 1/30/92
 Eastern Assurance vs Sec of Labor, G.R. Nos. L-79436-50, 1/17/92

Ban on Direct hiring – 18

Remittance of foreign exchange earnings -22
Worker Fees – 32
Reports Submission – 33; 14 (d)
Prohibited Practices – 34

E. Illegal Recruitment – Art. 38, RA 8042, Sec. 6, Sections 9 to 14, 19, 22, 23, 24 and 25 (Rules
Implementing RA 8042) RA 10022
Essential elements of illegal recruitment
Simple illegal recruitment
Recruitment in large Scale
Recruitment committed by a syndicate
Illegal recruitment as economic sabotage
 Aquino v. CA, G.R. No. 91896; November 1991)
 People v. Cabacang (G.R. No. 113917; July 1995)
 People vs Bulu Chowdury (G.R. No, 129577-80, feb. 15, 2000) (employees liable)
 People vs Jamilosa, G.R. No. 169076, Jan. 23, 2007; Absence of receipt evidencing
payment not fatal for prosecution of illegal recruitment
 Executive Sec et. al vs. CA, G.R. No. 131719, May 25, 2004
 Romero v. People, G.R. No, 171644, Nov. 23, 2011
 People v Bacos, G.R. No. 178774, Dec. 8, 2010.

Recruitment vs. Estafa

 People vs. Calonzo, G.R. Nos 115150-55, Sept 27, 96; Conviction for both illegal
recruitment and estafa.

F. Liabilities
1. Local recruitment agency
2. Foreign employer
3. Solidary liability
 ACTI Overseas Corporation v. Echin, G.R. No. 178551, 11 October 2010

Theory of imputed knowledge

 Sunace international mgmt. services, inc. vs NLRC, G.R. No, 161757, Jan 25, 2006

Contractual Stipulations (Articles 34 and 35 of the Labor Code)

 Vir-Jen Shipping And Marine v. NLRC (G.R. No. L-58011-12; July 1982;
 Vir-Jen Shipping v. NLRC (G.R. No. L-58011 & L-58012; November 1983)
 15

 Suzara v. Hon. Benipayo (G.R. Nos. L-57999, 58143-53; August 1989)

 Seagull Maritime Corp. v. Balatongan (G.R. No. 82252; February 1989)
 Ocean East Agency Corp. v. NLRC (G.R. No. 119320; March 1998)

Effect if Contractual stipulation in the OFW’s Employment Contract states that it be

governed by Foreign Law/Doctrine of Processual Presumption or presumed identity
approach
 ACTI Overseas Corporation v. Echin, G.R. No. 178551, 11 October 2010

Application of the Labor Code on Filipino OFWs who was deployed abroad and retrenched
thereafter
 International Management Services/Marilyn C. Pascual v. Roel Logarta, G.R. No, 163657,
April 18, 2012

A seafarer not deployed - damages

 Stolt Nielsen Transportation Group, Inc. et. al. v. Medequillo, Jr., G.R. No. 177498,
January 18, 2012

Rule on premature termination of employment contract of migrant workers (Sec 10 par 5,

RA 8042, unconstitutional)
 Serrano vs Gallant Maritime Services Inc. and Maslow Navigation Co., Inc. , G.R. No.
167614, Mar. 24, 2009
 Pert/CPM Manpower Exponent Co., Inc. v. Vinuya, G.R. No, 197528, Sept. 5, 2012
 Sameer Overseas Placement Agency, Inc., v. Cabiles, G.R. No. 170139, August 5, 2014
(RA 10022 restored Sec. 10, par. 5, RA 8042)

G. Sanctions – 35; 38 (c), 39 LC; RA 10022

H. Enforcement – 35, 36, 37, Book III, Rule I Sec. 10; Book V, Rule II, Sec. 1; Book VI, Rule I and
Rule III, Secs. 14-15

Suspension or cancellation of license or authority (Art. 35, Labor Code)

Regulatory and visitorial powers of the DOLE secretary (Three Visitorial Powers of DOLE
Sec.)
 Salazar vs. Achacoso, Art. 38 (c) authorizing DOLE Sec. to issue warrants declared as
unconstitutional.

I. JURISDICTION AND REMEDIES

a. Criminal Actions: RA 8042, Sec. 9

b. Jurisdiction over money claims under Migrant RA 8042, Sec. 10 as amended by RA
10022;
 Pert/CPM Manpower Exponent Co., Inc. v. Vinuya, G.R. No. 197528, Sept. 5, 2012.
 Tolosa vs NLRC, G.R. No. 149578, April 10, 2003 (Torts/Damage Cases)
 PNB vs. Florence O. Cabansag, G.R. No. 157010, 6/21/2005 (Jurisdiction of LA and
NLRC as to a tourist employee hired in Singapore but worked for Phil. National Bank
Singapore Branch.)
 Medline Management, Inc vs. Roslinda, G.R. No. 168715, Sept. 15, 2010
(Jurisdiction even the case is filed by the heirs of OFW’s Case)
 Ace Navigation Co., Inc. v. Fernandez, G.R. No. 197309, 10/10/2012 (L.A. vs V.A.
over money claims w/r there is a CBA or not)

c. Administrative cases: Omnibus Rules Implementing RA No, 8042, Sec. 28.

LA vs. POEA (administrative and disciplinary) Sec. 1, rule 1, part 6, 2002 POEA Rules for
land-based; Sec. 1, Rule 2, Part 5, POEA rules for seafarers.
 16

a. Administrative action against the license or holder of authority cognizable y the

POEA could proceed independently from the criminal action
b. Disciplinary action against erring OFW’s
c. Review of recruitment violations and other related cases decided by POEA. Appeal.
 Asian International Manpower Service v DOLE, GR No. 210308, April 06, 2016

J. COMPENSATION AND BENEFITS FOR DEATH OF SEAFARERS

Section 20, POEA SEC
Requirements for entitlement of beneficiaries to death benefits
Seafarers Protection Act RA 10706

K. LIABILITY AND COMPENSAABILITY FOR DISABILITY (SEAFARERS)

Disability Defined
Requisites for compensability of occupational diseases (Sec. 32-A of the POEA-SEC);
 Philippine Transmarine Carriers, Inc. v. Nazam, G.R. No. 190804, October 11, 2010
 DIZON VS NAESS, G.R. No. 201834, June 1, 2016 (Three day post-examination

Compensability of non-occupational disease

 Leonis Navigation Company Inc. v. Villamatter, G.R. No. 179169, March 3, 2010

Non-compensability of pre-existing illness

 Francisco v. Bahia Shipping Services, Inc., G.R. No. 190545

Partial Total Disability

 Marlow Navigation Inc., vs Cabatay, G.R. No. 212878, Feb. 01, 2016

Compensation and benefits for injury or illness – Section 20 (B) POEA SEC (impt.)
 Austria vs Crystal Shipping Inc. G.R. No. 206256, February 24, 2016

General Guidelines for Compensation and benefits for injury or illness

 Splash Philippines, Inc. v. Ruizo, G.R. No. 193628, 18 March 2014

Burden of proof of proximate cause of injury or illness and work-related

 Spouses Aya-ay v. Arpahil Shipping, G.R. No. 155359, Jan. 31, 2006

Dishonesty of seafarer – effect? Par. D and E, Sec. 20 POEA SEC

 Ayungko v. Beamko Shipmanagement Corporation G.R. No. 203161, February 26, 2014

Suicide of Searafer – effect on compensability

 Wallem Maritime Services, Inc. v. Padrejas, G.R. No. 192993, 11 August 2014

When to file action for permanent and total disability benefits

 United Philippine Lines, Inc. v Sibug, G.R. No. 201072

Who determines compensability? Accreditation from POEA not required; Right of Seafarer
to Seek Second Opinion
 Milllan v. Wallan Maritime Services, Inc. 685 SCRA (2012)
 Splash Philippines, Inc. v. Ruizo

Rule when findings of company designated physician and seafarer’s physician are
contradictory; Sec. 20-B, POEA SEC
General Rule and Exceptions.
 Andrade v. Ageman Minning Agency, Inc., 684 SCRA 587
 Career Philippines Shipmanagement v. Serna, G.R. No. 172086, December 3, 2012
 Maersk Filipinas Crewing Inc., v. Mesina, G.R. No. 200837, June 5, 2013

Determination of disability benefits: permanent and temporary; Sec. 2(b), Rule VII, IRR
Title II, Book IV, LC or amended rules on ECC Rules
 17

 Pacbasin Shipmanagement, Inc. v. Santiago, G.R. No. 194677, April 18, 2012
 Magsaysay Maritime Corporation v. Oberto S. Lobusta, G.R. No. 177578, 25 January
2012

II. ALIEN EMPLOYMENT or Employment of Non-Resident Aliens (Book II, Title II)

Statutory Reference – Arts. 40-42; Revised Guidelines for Issuances of Employment Permit, D.O.
No. 26-02 (s. 2002) and 41-03 (s. 2003) Department Order 97-09 (S. 2009); Department Order
No. 1 Series of 1999; DO 120-12 (2012)

DOLE Department Order No. 146-15 Series of 2015 (Coverage, Exemption, Exclusion, Procedure
in the Processing of AEP, Publication, Inspection, Validity, Renewal, Denial of Application for
new or renewal of AEP, Cancellation/Revocation of AEP, Effect of Denial/Cancellation or
revocation of AEP, Appeal, Penalty for working without AEP)

A. Technique of Regulation – Employment Permit – 40-42; Art. XII, Sec. 12, Constitution
Commonwealth Act 108 as amended by PD 715; Retail Trade Nationalization law or RA
1180; Finance Company Act or RA 5980

B. Conditions for Grant – 40

 Pacific Consultants Intl. Asia, Inc. vs Schonfeld, G.R. No, 166920, Feb. 19, 2007 or 2011

Employment Permit
 General Milling Corp. v. Torres, 196 SCRA 215 (91) Tim Cone Case

DO No. 26-02 and 41-03 (s. 2003),

DOLE DO 146-15;
Coverage;
Aliens exempted from securing working permit
Excluded Foreign Nationals
Requirements for application; processing; inspection; publication
Validity; Renewal;
Denial of AEP/ Cancellation of AEP; Effect
Appeal

C. Instances where AEP is a requisite for issuance of Employment visa under the Philippine
Immigration Act of 1940.
1. Sec. 9 (d) Treaty trader and investor visa
2. Sec. 9 (g) Pre-arranged employment visa
3. Sec. 47 (a) 2, Visas for temporary workers

D. Effects of NRA working without an employment permit

1. Criminal sanction and deportation (Art 42)
Ten Thousand Fine to Foreigner and to Employer also
2. No standing to be awarded monetary claims
 WPP Marketing Comm, Inc. v. Jocelyn M Galera, G.R No. 169207/G.R. No 169239, March
25, 2010

III. DEVELOPMENT OF HUMAN RESEROUCES (BOOK II, LABOR CODE)

Constitutional and Statutory Reference Policies, Objectives and Concepts – Consti, Art. II, Sec.
17; Art XII, Secs. 12 and 14; Art XIII, Sec. 3 par. 1; Art. XIV, Secs. 1,2, 4 (1) and LCP Arts 3, 12 (a)
and 57 Arts. 57-81; Book II, Rules I-VIII, Omnibus Rules Implementing the Labor Code; PESO Law;

A. Objectives – Definition – 43-44

TESDA ACT OF 1994 or RA 7796 (94)
Art. 43-56
Note: RA No. 7796 superseded the LCP, Arts. 43, and 45-56
 18

B. Program Incentive – 52
C. Concepts and definitions: RA No. 7796, Sec. 4; LCP, Art. 44 (a)
D. Salient Points of TESDA LAW: Policy, Goals, Powers of the Board,
E. Tesda Activities and Programs (Sec. 18 to 32)

F. Training and Employment of Special Workers (BOOK II, TITLE II) Art. 57-81, LC

1. APPRENTICE – 57-72, RA 6727, Rule VI, Book II, Secs. 18, 19, 25; RA No. 7796, Sec. 4 (k)
 Holiday Inn Manila vs. NLRC, G.R. No. 109114, 9/14/93
 Nitto Enterprises vs NLRC, Sept. 29, 1995, G.R. No. 114337

Dual Training Systems Act (R.A. 7686)

 Nitto Enterprises v. NLRC (Sept. 29, 1995)

2. LEARNER – Art. 73-77, Rule VII, Book II, Sec. 6, 4(3); RA NO. 7796, Sec. 4 (n)
When employment of apprentices and learners allowed; LCP Art. 60 and 74; RA No.
7796, Sec. 4 (m)
Distinguish Learnership from Apprenticeship; Learnership Agreement; Learners in
Peacework

3. HANDICAPPED – Art. 78-81, RA 6640, Sec. 5 Book II, Rule VIII of the Omnibus IRR

PERSONS WITH DISABILITY (Training and employment of Persons with Disabilities)

a. RA 7277 or “Magna Carta for Disabled Persons”, secs. 4 (a,b.c,d and i) 5-11, 32-33
of RA 7277 as amended by RA 9442,
b. Recall definition of social justice (calalang vs. williams); Const. Art XIII, Sec. 3 par 1
and LCP, Art. 3, (equality of employment opportunities for all)
c. Policies: RA no. 7277, Secs. 2, 5, 9, and 32.
d. Coverage and definitions: RA 7277, Secs. 3, 4, and 6
e. Rights of persons with disability, privileges and protections: RA 7277, Sec (g) to (p);
Secs. 6-9;Sec. 33; RA 9442 (2007)
 Bernardo vs. NLRC, G.R. No. 122917, July 12, 99
f. Sheltered Employment
g. Incentives for Employers
h. Prohibition on discrimination against persons with disability
i. Enforcement: R.A. No. 7277, Secs. 44-46

4. RA 8504 or “Philippine Aids Prevention and Control Act of 1998”, Sec. 35; definition,
rights and privileges