LABOR REVIEW

4S TO 4F

MODULE 1:

I. Fundamental Principles (Articles 1-6 of the Labor Code)

A. Legal Basis
1. 1987 Constitution
2. Civil Code
3. Labor Code
B. State policy towards labor
1. Security of tenure
2. Social justice
3. Equal work opportunities
4. Right to self-organization and collective bargaining
5. Construction in favor of labor
6. Burden of proof and quantum of evidence

Article 219 (formerly Article 212)

Definition of Labor Dispute

1. Citibank v. CA, November 27, 1998
2. PAL v. NLRC, March 20, 1998
3. San Miguel Corporation Employees Union v. Bersamira, June 13, 1990

Managerial Employee
1. Penaranda v. Bagong Plywood Corp, May 3, 2006

Article 224 (formerly Article 217)

Jurisdiction of Labor Arbiter

Pondoc v. NLRC, October 3, 1996

Villamaria v. CA, April 19, 2006
Mendoza v. Officers of Manila Water Employee’s Union, January 25, 2016 (ULP)
Atlas Farms v. NLRC, November 18, 2002 (Termination Dispute)
Negros Metal v. Lamayo, August 25, 2010 (Termination Dispute)
Vivero v. CA, October 24, 2000 (Termination Dispute)
University of Immaculate Concepcion v. NLRC, January 26, 2011 (Termination Dispute)
Austria v. NLRC, August 16, 1999 (Termination Dispute) (priest)
Reyes v. RTC Makati Branch 42, August 11, 2008 (Termination Dispute)
Locsin v. Nissan Lease Philippines October 20, 2010 (Intracorporate dispute)
Weslayan University v. Maglaya, January 23, 2017 (Termination Dispute)
Cacho v. Balagtas, February 7, 2018 (Termination Dispute)
Paredes v. Feed the Children Philippines, September 9, 2015 (damages)
Lunzaga v. Albar Shipping, April 18, 2012 (damages)
Santos v. Servier Philippines Inc. November 28, 2008 (Tax deduction) (damages)
World’s Best Gas v. Vital, September 9, 2015 (damages)
 Halguena v. PAL October 2, 2009 (damages)
Pepsi Cola v. Gal-lang, September 24, 1991 (damages)
Banez v. Valdevilla, May 9, 2000 (damages)
Milan v. NLRC, February 4, 2015 (damages)
Amecos Innovations v. Lopez, July 2, 2014 (damages)
PAL v. ALPAP, February 26, 2018 (damages)
Dai-chi Electronics v. Villarama, November 21, 1994 (damages)

People’s Broadcasting Service v. Sec of Labor, March 6, 2012 (DOLE can determine
existence of EE Rel and summary on Articles 128, 129 and 224)
Ex-Bataan Veterans Security Agency v. Sec. Laguesma, November 20, 2007 (in relation
to Articles 128 and 129)
Meteoro v. Creative Creatures, July 13, 2009 (in relations to Articles 128 and 129)
Okol v. Slimmers World December 11, 2009
Santiago v. CF Sharp Crew Management , July 10, 2007 (OFW)
Industrial Personnel and Management Services v. De Vera, March 7, 2016 (OFW)
Ace Navigation v. Fernandez, October 10, 2012 (OFW)
Estate of Nelson Dulay v. Aboitiz Jebsen Maritime (OFW)
LRTA v. Alvarez, November 18, 2016 (related to GOCC)
GSIS v. NLRC, November 17, 2010 (related to GOCC)
Duty Free Phils. V. Mojica, September 30, 2005 (related to GOCC)
WPP Marketing Comunications v. Galera, March 25, 2010 (with foreign element)
Pakistan International Airlines v. Ople, September 28, 1990 (with foreign element)
PNB v. Cabansag, June 21, 2005 (with foreign element)
Manila Hotel v. NLRC, October 13, 2000 (with foreign element)
Saudi Arabian Airlines v. Rebesencio, January 14, 2015 (with foreign element)
Continental Micronesia v. Basco, September 23, 2015 (with foreign element)
Kawachi v. Del Quero, March 27, 2007 (reasonable causal connection rule)
Perpetual Help Credit Cooperative Inc. v. Faburada, October 8, 2001(in relation to
cooperatives)
7K Corpr. V. Albanco, June 26, 2013
Kawachi et. al. v. Del Quero, March 27, 2007 (reasonable causal connection)
San Miguel v. Semillano, July 5, 2010 (in relation to cooperatives)
Ellao v. BATELEC, July 9, 2010 (in relation to cooperatives)
Comscentre v. Ricio, January 22, 2020 (refund of employment bond)
Gemudiano v. Naess Shipping, January 20, 2020
Pasay City Alliance Church v. Benito, November 28, 2019

√ Including the following:

- D.O. No. 151-16

- RA 10396 (SENA)
- 2011 NLRC Rules of Procedure (as amended) with the 2019 amendments
- NLRC Manual on Execution
- NLRC Sheriff’s Manual
- NLRC En Banc Resolution 1-19 (S19) Double indemnity against employer who refuses to pa
- NLRC En Banc Resolution 3-19 (S19) Non payment of fees
- Zonio v. 88 Aces Maritime Services , October 16, 2019
(for prescription of action)
Article 225 (formerly Article 218)

1. PAL v. NLRC, March 20, 1998

2. Landbank of the Phils. v. Listana, August 5, 2008
3. Robosa v. NLRC, February 8, 2012.
4. Jolo’s Kiddie v. Cabilla, November 29, 2017
5. Frondozo v. Meralco, August 22, 2017
6. Bisig Mangagawa sa Concrete Aggregates v. NLRC, September 16, 1993

Article 227 (formerly Article 221)

1. Meralco v. Gala, March 7, 2012

2. Nationwide Security and Allied Services v. CA, July 14, 2008
3. Diamond Taxi v. Llamas, March 12, 2014
4. Sara Lee v. Macatlang, January 14, 2015
5. Dela Rosa Liner v. Borela, July 29, 2015
6. Magsaysay Maritime v. De Jesus, August 30, 2017.

Article 229 (formerly Article 223)

0. Toyota Alabang v. Games, August 17, 2015

1. GBMLT Manpower v. Malinao, July 6, 2015
2. Orozco v. CA, April 29, 2005
3. Lepanto Consolidated Mining v. Icao, January 15, 2014
4. Forever Security v. Flores, September 7, 2007
5. UERM- Memorial Medical Center v. NLRC, March 3, 1997
6. Manila Mining v. Amor , April 20, 2015
7. Banahaw Broadcasting v. Pacana, May 30, 2011
8. Mc Burnie v. Ganzon, October 17, 2013
9. Sara Lee Phils. V. Macatalng, January 14, 2015
10. AFP General Insurance v. Molina, June 30, 2008
11. Islriz Trading v. Capade et. al. January 31, 2011 (payment of accrued salaries pending appeal
before the NLRC)
12. FSFI v. NLRC, December 11, 2003
13. Buenaobra v. Lim King Guan, January 20, 2004
14. Bergonio v. SEAIR, April 21, 2014 (accrued wages).
15. Loon v. Power Master , December 11, 2013.
16. Waterfront Cebu City Casino v. Ledesma, March 25, 2015. (Rule 65)
17. Balite v. SSS Ventures, February 4, 2015
18. Turks Shawarama v. Pajaron, January 16, 2017

Reinstatement Aspect of LA’s Decision

Pioneer Texturizing Corporation v. NLRC, 1997 case

Roquero v. PAL, 2 April 2004
Air Phil Corp. v. Zamora, August 7, 2004
Lansangan v. Amkor Technology Philippines, January 30, 2009
Genuino v. NLRC, December 4, 2007
 Garcia et al. v. PAL, January 20, 2009
Mt. Carmel College v. REsuena October 10, 2007
Buenviaje v. CA, November 12, 2002
Pfizer Inc. v. Velasco, March 9, 2011
Wenphil Corp. v. Abing, April 7, 2014
Smart Communications v. Solidum, April 15, 2015
Manila Doctors College v. Oloroes, October 3, 2016

Article 230 (formerly Article 224)

Sy et. al., v. Fairland Knitcraft Co., December 12, 2011

IBM Nestle v. Nestle Phils, September 23, 2015
Yupangco Cotton Mills v. CA, January 16, 2002
Ando v. Campo, February 16, 2011
PAL v. Bischara, September 2, 2015
Guillermo v. Uson, March 7, 2016
Dutch Movers Inc. v. Lequin et al, April 25, 2017 (Piercing the veil of corporate fiction)
Genuino Agro v. Romano, September 18, 2019 (Piercing the veil of corporate fiction)
Carag v. NLRC, April 2, 2007
Roca v. Dabuyan, March 5, 2018
Fernandez et. al. v. NewfieldStaff Solution, July 10, 2013

Reliefs against judgments/ decisions rendered by the Commission

Petition for Certiorari under Rule 65
1. St. Martin Funeral Homes v. NLRC, September 16, 1998
2. Veloso v. China Airlines, July 14, 1999
Appeal of the CA decision to the SC
1. Stanfilco v. Tequillo, July 17, 2019
2. Hanjin Engineering v. CA, April 10, 2006

Seafarer’s Protection Act and its IRR D.O. No. 153-16

Article 232 (formerly Article 226)

Employees Union of Bayer Phils. v. Bayer Phils, Dec. 6, 2010

Montaño v. Verceles, July 26, 2010
Diokno et al., v. Cacdac, July 4, 2007
La Tondeña Workers Union v. Secretary of Labor, December 9, 1994
Abbot Laboratories v. Abbot Laboratories Employee Union, January 26, 2000
Takata Corporation v. BLR, June 4, 2014

Article 233 (formerly Article 227)

Magbuana v. Uy, May 6, 2005

Philippine Transmarine Carrier v. Pelagio, August 12, 2015
Magsaysay Maritime v. De Jesus, August 30, 2017
Solomon et . al. v. Powertech Corp., January 22, 2008
Philippine Journalists Inc., v. NLRC, September 5, 2006
Periquet v. NLRC, June 22, 1990
Aujero v. Philcomsat, January 18, 2012
 Carolina’s Lace Shoppe v. Maquilan, April 10, 2019

Article 238 (formerly Article 232)

Colegio De San Juan De Letran v. Association of Employees and Faculty of Letran et. al, September 18,
2000