Ninety (90) % of the questions that follow are familiar

questions in Social Legislation included with Labor Laws.

Although the 2020 Bar Examinations is indefinitely

suspended, note that in the 2020 Bar Syllabus in Labor Laws
and Social Legislation, I observed that the Supreme Court
for the first time included Agrarian Laws. Promise. It is
only this time that the topic is included. I surveyed the
syllabus and questions in the previous Bar Examinations
beginning 2010, but Agrarian Laws were never mentioned. Not
even a shadow of it appeared. Just nothing. Previously, I
thought that the subject then is just for practice and
government office when the time comes but no. The
examination is developing and mutating just like how you
mutated in barely two (2) months. ^^ Did you? ^^

For the convenience and awareness of the class, below

is the relevant part of the 2020 Bar Syllabus related to
Social Legislation:

VII. SOCIAL LEGISLATION

A. Social Security System Law
1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
B. Government Service Insurance System Law
1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
C. Limited Portability Law
D. Disability and death benefits
1. Labor Code
2. Employees Compensation and State Insurance Fund
'
3. Philippine Overseas Employment Administration-
Standard
Employment Contract
E. Solo Parents
F. Kasambahay
G. Agrarian Relations
1. Concept of agrarian reform
2. Existence and concept of agricultural tenancy
3. Rights of agricultural tenants
4. Concept of farmworkers
H. Universal Health Care
1. Policy
2. Coverage
3. National Health Insurance Program

The BAR questions related to Social Legislations then

are evolving contrary to the past that it was just limited
to SSS and GSIS benefits, and Death and Employee’s

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Compensation Claims because recent questions include, POEA
Claims based on the Standard Employment Contract (SEC),
Claims of Seafarers, and Kasambahays.

Why am I mentioning Bar matters? That should be your

goal. Although you know that to graduate is one thing to be
thankful for, and to take the bar is another.

Although some of the questions below were given before

the passage and effectivity of recent laws and legal
developments, your answers should, nonetheless be based on
the latest laws, amendments, and jurisprudence.

I will not give you hard time by not requiring that

your answers should be hand written and converted thereafter
to photo or PDF file given the difficulty for document
scanner and huge data size thereafter. So no need for that.
Just read, analyze the questions, and do your research.

Encode your answers below the given questions and cite

your reference. Save it as the same MS Word Format. Except
for the reference, your answer to each question should be
presented in such a manner as if taking the bar examination.

Do not copy - paste. That as an insult to your

brilliance, to your family, to your tribe.

Your merits will be based on correctness, briefness of

explanation, and completeness.

The Lord bless and keep you.

Here you go.

1. X is a member of the Social Security System (SSS). In 2015, he died without any spouse or
children. Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who
had previously been receiving regular support from X, filed a claim for the latter’s death benefits.

(a) Is M entitled to claim death benefits from the SSS? Explain.

(b) Assuming that X got married to his girlfriend a few days before his death, is M entitled to
claim death benefits from the SSS? Explain.

2. W Ship Management, Inc. hired Seafarer G as bosun in its vessel under the terms of the 2010
Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC).

On his sixth (6th) month on board, Seafarer G fell ill while working. In particular, he complained of
stomach pain, general weakness, and fresh blood in his stool. When his illness persisted, he was
medically repatriated on January 15, 2018. On the same day, Seafarer G submitted himself to a
post-employment medical examination, wherein he was referred for further treatment. As of
September 30, 2018, Seafarer G has yet to be issued any fit-to-work certification by the company-
designated physician, much less a final and definite assessment of his actual condition. Since
Seafarer G still felt unwell, he sought an opinion from a doctor of his choice who later issued an

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independent assessment stating that he was totally and permanently disabled due to his illness
sustained during work.

Seafarer G then proceeded to file a claim for total and permanent disability compensation. The
company asserts that the claim should be dismissed due to prematurity since Seafarer g failed to
first settle the matter through the third-doctor conflict resolution procedure as provided under the
2010 POEA-SEC.

(a) What is the third-doctor conflict resolution procedure under the 2010 POEA-SEC?
Explain.

(b) Will Seafarer G’s claim for total and permanent disability benefits prosper despite his
failure to first settle the matter through the third-doctor conflict resolution procedure? Explain.

(c) Assuming that Seafarer G failed to submit himself to a post-employment medical

examination within three (3) working days from his return, what is the consequence thereof
to his claim? Explain.

3. Nonato had been continuously employed and deployed as a seaman who performed services that
were necessary and desirable to the business of N-Train Shipping, through its local agent, Narita
Maritime Services (Agency), in accordance with the 2010 Philippine Overseas Employment
Administration Standard Employment Contract (2010 POEA-SEC). Nonato's last contract (for five
months) expired on November 15, 2016. Nonato was then repatriated due to a "finished contract."
He immediately reported to the Agency and complained that he had been experiencing dizziness,
weakness, and difficulty in breathing. The Agency referred him to Dr. Neri, who examined, treated,
and prescribed him with medications. After a few months of treatment and consultations, Nonato
was declared fit to resume work as a seaman. Nonato went back to the Agency to ask for re-
deployment but the Agency rejected his application. Nonato filed an illegal dismissal case against
the Agency and its principal, with a claim for total disability benefits based on the ailments that he
developed on board N-Train Shipping vessels. The claim was based on the certification of his own
physician, Dr. Nunez, that he was unfit for sea duties because of his hypertension and diabetes.

a) Was Nonato a regular employee of N-Train Shipping?

b) Can Nonato successfully claim disability benefits against N-Train Shipping and its agent
Narita Maritime Services?

4. Nestor and Nadine have been living in for the last 10 years without the benefit of marriage. Their
union has produced four children. Nadine was three months pregnant with her 5th child when Nestor
left her for another woman. When Nadine was eight months pregnant with her 5th child, she applied
for maternity leave benefits. Her employer refused on the ground that this was already her 5th
pregnancy and that she was only living in with the father of her child, who is now in a relationship
with another woman. When Nadine gave birth, Nestor applied for paternity leave benefits. His
employer also denied the application on the same grounds that Nadine's employer denied her
application.

(a) Can Nadine's employer legally deny her claim for maternity benefits?

(b) Can Nestor's employer legally deny his claim for paternity benefits?

5. Andrew Manning Agency (AMA) recruited Feliciano for employment by lnvictus Shipping, its
foreign principal. Meantime, AMA and lnvictus Shipping terminated their agency agreement. Upon
his repatriation following his premature termination, Feliciano claimed from AMA and lnvictus
Shipping the payment of his salaries and benefits for the unserved portion of the contract. AMA
denied liability on the ground that it no longer had an agency agreement with lnvictus Shipping.

a. Is AMA correct? Explain your answer.

b. As a rule, direct hiring of migrant workers is not allowed. What are the exceptions? Explain
your answer.

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6. Phil, a resident alien, sought employment in the Philippines. The employer, noticing that Phil was
a foreigner, demanded that he first secures an employment permit from the DOLE. Is the employer
correct? Explain your answer.

7. Marciano was hired as Chief Engineer on board the vessel MN Australia. His contract of
employment was for nine months. After nine months, he was re-hired. He was hired a third time after
another nine months. He now claims entitlement to the benefits of a regular employee based on his
having performed tasks usually necessary and desirable to the employer's business for a continuous
period of more than one year. Is Marciano's claim tenable? Explain your answer.

8. Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its authorized
capital stock owned by foreigners and 70% of its authorized capital stock owned by Filipinos.

a. Is Rocket Corporation allowed to engage in the recruitment and placement of workers,

locally and overseas? Briefly state the basis for your answer.

b. When does the recruitment of workers become an act of economic sabotage?

9. Luisa is an unwed mother with 3 children from different fathers. In 2004, she became a member of
the Social Security System (SSS). That same year, she suffered a miscarriage of a baby out of
wedlock from the father of her third child. She wants to claim maternity benefits under the SSS Act.
Is she entitled to claim?

10. Luis, a PNP officer, was off duty and resting at home when he heard a scuffle outside his house.
He saw two of his neighbors fighting and he rushed out to pacify them. One of the neighbors shot
Luis by mistake, which resulted in Luis's death. Marian, Luis's widow, filed a claim with the GSIS
seeking death benefits. The GSIS denied the claim on the ground that the death of Luis was not
service-related as he was off duty when the incident happened. Is the GSIS correct?

11. Victor was hired by a local manning agency as a seafarer cook on board a luxury vessel for an
eight-month cruise. While on board, Victor complained of chronic coughing, intermittent fever, and
joint pains. He was advised by the ship's doctor to take complete bed rest but was not given any
other medication. His condition persisted but the degree varied from day to day. At the end of the
cruise, Victor went home to Iloilo and there had himself examined. The examination revealed that he
had tuberculosis.

(a) Victor sued for medical reimbursement, damages and attorney's fees, claiming that
tuberculosis was a compensable illness. Do you agree with Victor? Why or why not?

(b) Due to his prolonged illness, Victor was unable to work for more than 120 days. Will this
entitle him to claim total permanent disability benefits?

12. Don Luis, a widower, lived alone in a house with a large garden. One day, he noticed that the
plants in his garden needed trimming. He remembered that Lando, a 17-year old out-of-school
youth, had contacted him in church the other day looking for work. He contacted Lando who
immediately attended to Don Luis’s garden and finished the job in three days.

a. Is there an employer-employee relationship between Don Luis and Lando?

b. Does Don Luis need to register Lando with the Social Security System (SSS)?

13. Luisito has been working with Lima Land for 20 years. Wanting to work in the public sector,
Luisito applied with and was offered a job at Livecor. Before accepting the offer, he wanted to
consult you whether the payments that he and Lima Land had made to the Social Security System
(SSS) can be transferred or credited to the Government Service Insurance System (GSIS). What
would you advice?

14. Sgt. Nemesis was a detachment non-commissioned officer of the Armed Forces of the
Philippines in Nueva Ecija. He and some other members of his detachment sought permission from
their Company Commander for an overnight pass to Nueva Vizcaya to settle some important
matters. The Company Commander orally approved their request and allowed them to carry their
firearms as the place they were going to was classified as a "critical place." They arrived at the place
past midnight; and as they were alighting from a tricycle, one of his companions accidentally

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dropped his rifle, which fired a single shot, and in the process hit Sgt. Nemesis fatally. The shooting
was purely accidental. At the time of his death, he was still legally married to Nelda, but had been
separated de facto from her for 17 years. For the last 15 years of his life, he was living in with Narda,
with whom he has two minor children. Since Narda works as a kasambahay, the two children lived
with their grandparents, who provided their daily support. Sgt. Nemesis and Narda only sent money
to them every year to pay for their school tuition.

Nelda and Narda, both for themselves and the latter, also on behalf of her minor children, separately
filed claims for compensation as a result of the death of Sgt. Nemesis. The Line of Duty Board of the
AFP declared Sgt. Nemesis' death to have been "in line of duty", and recommended that all benefits
due to Sgt. Nemesis be given to his dependents. However, the claims were denied by GSIS
because Sgt. Nemesis was not in his workplace nor performing his duty as a soldier of the Philippine
Army when he died.

a) Are the dependents of Sgt. Nemesis entitled to compensation from GSIS as a result of his
death?

b) As between Nelda and Narda, who should be entitled to the benefits that the AFP may
release?

15. Your favorite relative, Tita Nilda, approaches you and seeks your advice on her treatment of her
kasambahay, Noray. Tita Nilda shows you a document called a "Contract of Engagement" for your
review. Under the Contract of Engagement, Noray shall be entitled to a rest day every week,
provided that she may be requested to work on a rest day if Tita Nilda should need her services that
day.

a) Is the stipulation that Noray may be requested to work on a rest day legal?

b) Are stay-in family drivers included under the Kasambahay Law?

16. Because of the stress in caring for her four (4) growing children, Tammy suffered a miscarriage
late in her pregnancy and had to undergo an operation. In the course of the operation, her
obstetrician further discovered a suspicious-looking mass that required the subsequent removal of
her uterus (hysterectomy). After surgery, her physician advised Tammy to be on full bed rest for six
(6) weeks. Meanwhile, the biopsy of the sample tissue taken from the mass in Tammy's uterus
showed a beginning malignancy that required an immediate series of chemotherapy once a week for
four (4) weeks.

a) What benefits can Tammy claim under existing social legislation?

b) What can Roger-Tammy's 2nd husband and the father of her two (2) younger children
-claim as benefits under the circumstances?

17. On December 12, 2008, A signed a contract to be part of the crew of ABC Cruises, Inc. through
its Philippine manning agency XYZ. Under the standard employment contract of the Philippine
Overseas Employment Administration (POEA), his employment was to commence upon his actual
departure from the port in the point of hire, Manila, from where he would take a flight to the USA to
join the cruise ship “MS Carnegie.” However, more than three months after A secured his exit
clearance from the POEA for his supposed departure on January 15, 2009, XYZ still had not
deployed him for no valid reason.

Is A entitled to relief? Explain.

18. a. Explain the concept of compulsory acquisition of private lands as part of agrarian reform.

b. When is there agricultural tenancy?

c. Enumerate the rights of an agricultural tenant.

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 d. Define agrarian dispute.

e. What is the jurisdiction of the Special Agrarian Court?

19. Distinguish the administrative jurisdiction of the DARAB and its sub-offices from the DAR
Secretary.

20. Tell a joke. Make sure it’s original and laughable.

---end---

Encode your complete names here:

______________________________

Optional: Encode any remarks or one (1) academic question related to

the subject. In case of the latter, the same may or may not be
answered depending on the availability of time as the semester closes.

Important: Save as MS Word. The file name should be: ANSWER-AGRA LAW
AND SOC LEG-MAY 2020-( Group insert your group number). Then send to
meshack.macwes@gmail.com on May 16, 2020 only at any time from 12:01
AM to 11:59 PM otherwise your file may be lost elsewhere in the
mountains of e-mails being sent which may cause inconvenience to you
and me.

The good Lord bless and keep you.

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