I. MIGRANT WORKERS ACT (RA 8042)
KASAMBAHAY ACT (RA 10361)
Migrant Worker – an overseas Filipino worker/ a person engaged in a renumerated
activity in a country w/c he is not a citizen/ onboard a vessel in foreign seas other
than a military gov’t ship.
CASES: MIGRANT WORKERS ACT
A. PP V. ABELLANOSA
- Section 6 of RA 8042 defines illegal recruitment as any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and includes referring
contract services, promising or advertising for employment abroad, whether for
profit or not, when undertaken by a non-licensee on non-holder of authority.
Provided, That any such non-licensee or non-holder who, in any manner, offers or
promises for a fee employment abroad to two or more persons shall be deemed so
engaged.
- Appellant was engaged in illegal recruitment in large scale. It was proved that
appellant was a non-licensee or non-holder of authority to recruit workers for
deployment abroad; she offered or promised employment abroad to private
complainants; she received monies from private complainants purportedly as
placement or processing fees; that private complainants were not actually deployed
to Brunei; that despite demands, appellant failed to reimburse or refund to private
complainants their monies; and that appellant committed these prohibited acts
against three or more persons, individually or as a group.
- Illegal recruitment is deemed committed in large scale if committed against three or
more persons individually or as a group.
B. PP V. CAGALINGAN
- To constitute illegal recruitment in large scale, 3 elements must concur: (l) the
person charged undertook any recruitment activity as defined under Section 6 of RA
8042; (2) accused did not have the license or the authority to lawfully engage in the
recruitment of workers; and, (3) accused committed the same against three or more
persons individually or as a group.
- In the present case, private complainants were led to believe by accused spouses
that they possessed the power and qualifications to provide them with work in
Macau when in fact they were neither licensed nor authorized to do so.
C. PP V. CORPUZ
- Prosecution failed to establish that appellant, as secretary, had control,
management or direction of the recruitment agency. She neither gave an impression
that she had the ability to deploy them abroad nor convinced them to part with their
money. More importantly, she had no knowledge that the license was suspended the
day before she received the money.
D. PP V. DELOS REYES
The court affirm accused-appellant's conviction for five counts of estafa under Article
315(2)(a) of the RPC. It is settled that a person, for the same acts, may be convicted
separately of illegal recruitment under RA 8042 or the Labor Code, and estafa under
Article 315 (2) (a) of the RPC.
The elements of estafa are: (1) the accused defrauded another by abuse of
confidence or by means of deceit; and (2) the offended party or a third party suffered
damage or prejudice capable of pecuniary estimation.
E. PP. V. NOGRA
- Sec. 6 of R.A. No. 8042 explicitly states that those criminally liable are the
"principals, accomplices, and accessories. In case of juridical persons, the officers
having control, management or direction of their business shall be liable." Contrary
to appellant's claim, the testimonies of the complaining witnesses and the
documentary evidence for the prosecution clearly established that he was not a mere
employee of Loran, but its Operations Manager. An employee may be held liable as
principal by direct participation, if it is shown that he actively and consciously
participated in the recruitment process.
F. SERRANO V. GALLANT (2009 Case)
- The subject clause "or for three months for every year of the unexpired term,
whichever is less" in the 5th paragraph of Section 10 of Republic Act No. 8042 is
DECLARED UNCONSTITUTIONAL for being violative of the right of petitioner and
other OFWs to equal protection. Their money claims are subject to a 3-month cap,
whereas no such limitation is imposed on local workers with fixed-term employment.
G. SAMEER V. CABILES (2014)
- Respondent Joy Cabiles, having been illegally dismissed, is entitled to her salary for
the unexpired portion of her contract, in accordance w/ Sec 10 of RA 8042 (Full
reimbursement of his placement fee and the deductions made w/ interest
12%/annum, plus his salaries for the unexpired portion of his employment contract
or for three (3) months for every year of the unexpired term, whichever is less). The
award of the three-month equivalence of respondent’s salary must be modified
accordingly. To rule otherwise would be iniquitous & violate OFW’s security of tenure
- NLRC shall have the original and exclusive jurisdiction to hear and decide any law or
contract involving Filipino workers for overseas deployment.
- The liability of the principal/employer and the recruitment/placement agency for
any and all claims under this section shall be joint and several.
- The performance bond to be filed by the recruitment/placement agency, as
provided by law, shall be answerable for all money claims or damages that may be
awarded to the worker
- Sec. 15 of 8042 states that "repatriation of the worker and the transport of his [or
her] personal belongings shall be the primary responsibility of the agency which
recruited or deployed the worker overseas." The exception is when "termination of
employment is due solely to the fault of the worker".
II.
 Domestic worker or "Kasambahay" - any person engaged in domestic
work within an employment relationship such as, but not limited to, the
following: general househelp, nursemaid or "yaya", cook, gardener, or
laundry person, EXC. 1) any person who performs domestic work only
occasionally or sporadically and not on an occupational basis 2)not
include children who are under foster family arrangement, and are
provided access to education and given an allowance incidental to
education, i.e. "baon", transportation, school projects and school
activities.
 Domestic work refers to work performed in or for a household or
households.
 Working children - domestic workers who are fifteen (15) years old and
above but below eighteen (18) years old.
 "Araw Ng Mga Kasambahay" – JANUARY 18, 2018
RIGHTS AND PRIVILEGES
 Right to Humane Treatment - not subject to any kind of abuse nor inflict
any form of physical violence or harassment or any act tending to
degrade the dignity
 Right to Privacy - of communication and personal effects.
 Right to Education & Training - nasic education & access to alternative
learning systems and, as far as practicable, higher education or technical
and vocational training.
 Access to outside communication - during free time EXC. in case of
emergency, access to communication shall be granted even during work
time.
 Basic necessities - to include at least three (3) adequate meals/ day and
humane sleeping arrangements that ensures safety.
Prohibition Against Privileged Information. – All communication and
information pertaining to the employer or members of the household shall be
treated as privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such privileged information
shall be inadmissible in evidence except when the suit.
PRE-EMPLOYMENT CONTRACT
- executed in a language/ dialect understood by both DW & ER and must include:
(a) Duties and responsibilities of the domestic worker; (b) Period of employment; (c)
Compensation; (d) Authorized deductions; (e) Hours of work and proportionate
additional payment; (f) Rest days and allowable leaves; (g) Board, lodging and
medical attention; (h) Agreements on deployment expenses; (i) Loan agreement; (j)
Termination of employment; and (k) Any other lawful condition agreed.
TERMS AND CONDITIONS OF EMPLOYMENT
 Working Period – 16 hrs./day
 Rest Period - Aggregate of 8hrs./day
 Weekly Rest Period. – 24 consecutive hours of rest in a week. The
employer and the domestic worker shall agree in writing on the schedule
of the weekly rest day of the domestic worker: Provided, That the
employer shall respect DW’s preferred day based on religious grounds
 Pay slip – Copies shall be kept by the employer for a period of 3 years.
 5 days service incentive leave - after 1 yr of service
 SSS, Philhealth & Pag-ibig coverage – after 1 mo. of service
Prohibitions:
 Prohibitions against deposits for loss or damage
 Prohibition against debt bondage (rendering of service as security or
payment for a debt where the length and nature of service is not clearly
defined)
 Prohibition on Interference in the Disposal of Wages - not force, compel
or oblige DW to purchase merchandise, commodities or other properties
 Prohibition Against Withholding of Wages
 Assignment to Nonhousehold Work (commercial, industrial or
agricultural enterprise) – shall be paid w/ applicable minimum wage.
 Charging for recruitment or finder’s fees (including Private Employment
Agencies)
Permissible Provisions:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
(e) Temporarily perform a task for the benefit of another household.
Provided, that additional payment of not less than the existing minimum
wage rate of a domestic worker.
Minimum Wage –shall not be less than the following:
1. 2,500php/month - NCR
2. 2,000php/month - chartered cities & first class municipalities
3. 1,500php/month - mother municipalities.
Payment of Wages
 made a) on time; b) directly to the DW; c) in cash; at least d)
 make no deductions other than those mandated by law
 not be in the form of promissory notes, vouchers, coupons, tokens,
tickets, chits, or any object other than the cash wage
TERMINATION OF SERVICE V. MAGNA CARTA FOR DISABLED PERSONS (RA 7277)
- notice shall be 5 days before the intended termination (ER/DW).
(a). Disabled Persons - suffering from restriction of different abilities, as a result of a
A. Termination by the Domestic Worker - authorized causes:
mental, physical or sensory impairment, to perform an activity in the manner or
(a) Verbal or emotional abuse
within the range considered normal for a human being;
(b) Inhuman treatment
(b). Impairment is any loss, diminution or aberration of psychological, physiological,
(c) Commission of a crime or offense against DW
or anatomical structure of function;
(d) Violation by ER to terms and conditions of contract/law
(c). Disability shall mean (1) a physical or mental impairment that substantially limits
(e) Any disease prejudicial to the health of DW
one or more psychological, physiological or anatomical function of an individual or
(f) Other analogous causes
activities of such individual; (2) a record of such an impairment; or (3) being regarded
as having such an impairment;
B. Termination by the Employer
(d). Handicap refers to a disadvantage for a given individual resulting from an
(a) Misconduct or willful disobedience
impairment or a disability, that limits or prevents the functions or activity, that is
(b) Gross or habitual neglect or inefficiency
considered normal given the age and sex of the individual;
(c) Fraud or willful breach of the trust
(h). Reasonable Accommodation include:
(d) Commission of a crime or offense against the ER/household
(1) improvement of existing facilities used by employees
(e) Violation by DW to terms and conditions of contract/law
(2) modification of work schedules, appropriate adjustments or
(f) Any disease prejudicial to the health of DW
modifications of rules and regulations, the provisions of auxiliary aids
(g) Other analogous causes
and services, and other similar accommodations for disabled persons;
(i). Sheltered Employment - providing special facilities
SETTLEMENT OF DISPUTES
(k). Marginalized Disabled Persons refer to disabled persons who lack access to
 DOLE Regional Office - labor-related disputes without prejudice to the
rehabilitative services and opportunities
filing of a civil or criminal action
(l). Qualified Individual with a Disability shall mean an individual with a disability
 Regular Courts – other ordinary crimes or offenses
who, with or without reasonable accommodations, can perform the essential
functions of the employment position
Nota Bene: Read IRR of Kasambahay Act
Incentives for Employer - who employ disabled persons
III. PATERNITY  Private entities shall be entitled to an additional deduction, from their
gross income, equivalent to twenty-five percent (25%) of the total
Allocation of Maternity Leave Credits — Any female worker entitled to maternity amount paid as salaries and wages to disabled persons: Provided,
leave benefits as provided for herein may, at her option, allocate up to seven (7) days however, That such entities present proof as certified by the
of said benefits to the child’s father, whether or not the same is married to the Department of Labor and Employment that disabled person are under
female worker: Provided, That in the death, absence, or incapacity of the former, the their employ.
benefit may be allocated to an alternate caregiver who may be a relative within the  Private entities that improved or modify their physical facilities in order
fourth degree of consanguinity or the current partner of the female worker sharing to provide reasonable accommodation shall be entitled to an additional
the same household, upon the election of the mother taking into account the best deduction from their net taxable income, equivalent to fifty percent
interests of the child (50%) of the direct costs of the improvements or modifications.
- benefit is over and above that which is provided under Republic Act No. 8187, or Implementing Rules and Regulations - DSWD & NCWDP (National Council for the
the "Paternity Leave Act of 1996" = paternity leave of seven (7) days with full pay for Welfare of Disabled Persons)
the first four (4) deliveries of the legitimate spouse with whom he is cohabiting
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
Nota Bene: Read IRR of RA 11210
1. Equal Opportunity for Employment - No disabled person shall be denied access to
IV. SOLO PARENT opportunities for suitable employment. A qualified disabled employee shall be
subject to the same terms and conditions of employment and the same
- any individual who falls under any of the following categories:
compensation, privileges, benefits, fringe benefits, incentives or allowances as a
qualified able-bodied person. Five percent (5%) of all government agencies in social
(1) A woman who gives birth as a result of rape and other crimes against chastity
development shall be reserved for disabled persons.
even without a final conviction of the offender: Provided, That the mother keeps and
raises the child;
2. Apprenticeship - Subject to the provision of the Labor Code as amended,
(2) Parent left solo or alone with the responsibility of parenthood due to death of
disabled persons shall be eligible as apprentices or learners; Provided, That their
spouse;
handicap is not much as to effectively impede the performance. Provided, further,
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
that they shall be eligible for employment.
detained or is serving sentence for a criminal conviction for at least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical
3. Vocational Rehabilitation - the State shall take appropriate measures that shall
and/or mental incapacity of spouse as certified by a public medical practitioner;
serve to develop the skills and potential of disabled persons and enable them to
(5) Parent left solo or alone with the responsibility of parenthood due to legal
compete favorably for available productive and remunerative employment
separation or de facto separation from spouse for at least one (1) year, as long as
opportunities in the labor market. DSWD shall design and implement training
he/she is entrusted with the custody of the children;
programs that will provide disabled persons with vocational skills to enable them to
(6) Parent left solo or alone with the responsibility of parenthood due to declaration
engage in livelihood activities or obtain gainful employment.
of nullity or annulment of marriage as decreed by a court or by a church as long as
he/she is entrusted with the custody of the children;
4. Access to Quality Education - it shall be unlawful for any learning institutions to
(7) Parent left solo or alone with the responsibility of parenthood due to
deny a disabled person admission to any course it offers by reason of handicap or
abandonment of spouse for at least one (1) year;
disability. The State shall take into consideration the special requirements of disabled
(8) Unmarried mother/father who has preferred to keep and rear her/his
persons in the formulation of education policies and program.
child/children instead of having others care for them or give them up to a welfare
institution;
5. Assistance to Disabled Students - State shall provide financial assistance to
(9) Any other person who solely provides parental care and support to a child or
economically marginalized but deserving disabled students pursuing post-secondary
children;
or tertiary education @L (5%) of the allocation for the Private Education Student
(10) Any family member who assumes the responsibility of head of family as a result
Financial Assistance Program
of the death, abandonment, disappearance or prolonged absence of the parents or
solo parent.
6. Special Education The State shall establish, maintain and support a complete,
adequate and integrated system of special education for the visually impaired,
A change in the status or circumstance of the parent claiming benefits under this Act,
hearing impaired, mentally retarded persons and other type of exceptional children
such that he/she is no longer left alone with the responsibility of parenthood, shall
in all regions of the country.
terminate his/her eligibility for these benefits.
PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS
"Children" - refer to those living with and dependent upon the solo parent for
support who are unmarried, unemployed and not more than eighteen (18) years of
1. Discrimination on Employment
age, or even over eighteen (18) years but are incapable of self-support because of
mental and/or physical defect/disability.
No entity, whether public or private, shall discriminate against a qualified disabled
person by reason of disability. Eg. Using qualification standards, employment tests or
Parental Leave. - In addition to leave privileges under existing laws, parental leave of
other selection criteria that screen out or tend to screen out a disabled person unless
not more than seven (7) working days every year shall be granted to any solo parent
such standards, tests or other selection criteria are shown to be job-related;
employee who has rendered service of at least one (1) year.
Providing less compensation, such as salary, wage or other forms of remuneration
and fringe benefits, to a qualified disabled employee, by reason of his disability, than
the amount to which a non-disabled person performing the same work is entitled
2. Discrimination on Public Transportation
- to charge higher fare or to refuse to convey a passenger, his orthopedic devices,
personal effects, and merchandise by reason of his disability.
3. Discrimination on the Use of Public Accommodations and Services
- inn, hotel, motel, or other place of lodging, except for an establishment located
within a building that contains not more than five (5) rooms for rent or hire and that
is actually occupied by the proprietor of such establishment as the residence of such
proprietor; a restaurant, bar or other establishment serving food or drink; a motion
picture, theater, concert hall, stadium, or other place of exhibition or entertainment;
an auditorium, convention center, lecture hall, or other place of public gathering; a
bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment… & other place of exercise or recreation.
4. Discrimination on the Use of Public Accommodations
- in the full and equal enjoyment of the goods, services, facilities, privileges,
advantages or accommodations of any place of public accommodation by any person
who owns, leases, or operates a place of public accommodation.
CASES: MAGNA CARTA FOR DISABLED PERSONS
A. DRUGSTORES ASSOC. OF PH V. NCDA
- The mandated PWD Discount is a valid exercise of police power. The purchase
discount on medicine is supported by a valid subject considering that the concept of
public use is no longer confined to the traditional notion of use by the public, but
held synonymous with public interest, public benefit, public welfare, and public
convenience. As in the case of senior citizens, the discount privilege to which the
PWDs are entitled is actually a benefit enjoyed by the general public to which these
citizens belong.
- Also, the means employed to provide a fair, just and are not oppressive, considering
that as a form of reimbursement, the discount extended to PWDs in the purchase of
medicine can be claimed as allowable tax deductions & thus reduce establishments’
tax liability.
B. BERNARDO V. NLRC
- petitioners proved themselves to be qualified disabled persons who, under the
Magna Carta for Disabled Persons, are entitled to terms and conditions of
employment enjoyed by qualified able-bodied individuals; hence, Article 80 does not
apply because petitioners are qualified for their positions. The validation of the limit
imposed on their contracts, imposed by reason of their disability, was a glaring
instance of the very mischief sought to be addressed by the new law.
- Respondent’s argument that petitioners were merely accommodated employees is
not tenable. The handicap of deaf-mutes is not a hindrance to their work. The
eloquent proof of this statement is the repeated renewal of their employment
contracts. They should be treated and granted the same rights like any other regular
employees.
- When the bank renewed the contract after the lapse of the six-month probationary
period, the employees thereby became regular employees. As regular employees, the
27 petitioners are entitled to security of tenure & their services may be terminated
only for a just or authorized cause. Because respondent failed to show such cause,
they are deemed illegally dismissed and therefore entitled to back wages and
reinstatement without loss of seniority rights and other privileges. Considering the
allegation of respondent that the job of money sorting is no longer available because
it has been assigned back to the tellers to whom it originally belonged, petitioners
are hereby awarded separation pay in lieu of reinstatement. Because the other
sixteen worked only for six months, they are not deemed regular employees and
hence not entitled to the same benefits.
- The renewal of the contracts of the handicapped workers and the hiring of others
lead to the conclusion that their tasks were beneficial and necessary to the bank.
More important, these facts show that they were qualified to perform the
responsibilities of their positions. In other words, their disability did not render them
unqualified or unfit for the tasks assigned to them.
C. ROSALDES V. PP
- Under Section 3(b) of Republic Act No. 7610, "Child abuse" refers to the
maltreatment, whether habitual or not, of the child which includes:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter;
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity or
death. (Emphasis supplied)
Although it is true that not every instance of laying of hands on the child constitutes
child abuse, petitioner's intention to debase, degrade, and demean the intrinsic
worth and dignity of a child can be inferred from the manner in which he committed
the act complained of. To note, petitioner used a wet t-shirt to whip the child not just
once but three (3) times. Common sense and human experience would suggest that
hitting a sensitive body part, such as the neck, with a wet t-shirt would cause an
extreme amount of pain, especially so if it was done several times. There is also
reason to believe that petitioner used excessive force. Otherwise, AAA would not
have fallen down the stairs at the third strike. AAA would likewise not have sustained
a contusion.
D. BRAGA V. PP
- Sec. 5(b) of RA 7610. The latter provision reads:
Section 5. Child Prostitution and Other Sexual Abuse. - x x x
xxxx
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the
[victim] is under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be:
A. CABALLERO V. PP
xxxx
A. PP V. ABELLA
xxxx
A. PP V. SANICO
xxxx
VII. MAGNA CARTA OF WOMEN (RA 9710)
xxxxxxxx
VIII. VIOLENCE AGAINST WOMEN & THEIR CHILDREN (RA
9262)
xxxxxxxx
Notes: READ CASES!!!
1. PP v. Genosa Read Case - woman was not able to prove battered woman
syndrome
-May be filed against a woman in cases of lesbian relationship
2. Araneta v. People 174205 June 27, 2008

C. LORECA V. TUGEGARAO
- PROCEDURAL ASPECT: Since the information was already filed in court, the Judge is
not bound by the order of the Secretary of Justice Leila de Lima. Settled is the rule
that once a criminal complaint is filed in court, any disposition of the case rests
within the exclusive jurisdiction, competence, and discretion of the TRIAL COURT.

VI. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE,

EXPLOITATION & DISCRIMINATION (RA 7610)

A. BONGALON V. PP
- Father who struck his hand & slapped child on the face did not constitute child
abuse within the purview of RA No. 7610. It was done at the spur of the moment and
in anger, indicative of his being then overwhelmed by his fatherly concern for the
personal safety of his own minor daughter. With the loss of his self-control, he lacked
that specific intent to debase, degrade or demean the intrinsic worth and dignity of a
child as a human being that was so essential in the crime of child abuse. Father is
only liable for slight physical injuries.

B. SALERA V. PP
- Petitioner's act of whipping AAA on the neck with a wet t-shirt is an act that
debases, degrades, and demeans the intrinsic worth and dignity of a child. It is a form
of cruelty. Being smacked several times in a public place is a humiliating and
traumatizing experience for all persons regardless of age. Petitioner, as an adult,
should have exercised restraint and self-control rather than retaliate against a 14-
year-old child.