Romeo Luis R.

Villonco November 9, 2020

Home Work
Atty. Javier
3B

Workers preference in article 110 of the Labor Code is about a preference of credit for unpaid wages and claims of employees. Thus,
Unpaid wages and monetary claims of employees enjoy a preference over all other credits in cases of judicial declaration of
liquidation or bankruptcy. This according to DBP vs NLRC does not create a lien but merely creates a preference. Employees must
still participate in the proceedings in order for their claims to be satisfied first unlike a lien, where the liability subsists regardless of
the participation of the “creditor” in bankruptcy or liquidation proceedings. According to jurisprudence, there must first be a
declaration of bankruptcy or a judicial liquidation for this preference to apply. This preference only amends art 2244 of the New Civil
Code which lists down the list of preference.

ENFORCMENT MECHANISMS
Art 128 Art 129 Art 224 Art 234 Art 306
Subeject Inspection of Adjudication Registration All money claims
establishments through summary Monetary claims below of abor arising from
Issuance of proceedings after 5k arising from terms organization, employer-
orders to compel notice and and conditions of association employee relations
compliance with hearing, or employment or group of
labor standards, employees’ claims unions or Money claims
wage orders and for wages and IF w/ claim for workers shall should be filed
other labor laws benefits reinstatement acquire legal within 3 years
and regulations personality from the time the
Monetary claim above and shall be cause of action
Enforcment of 5000 w/n claim is with entitled to accrued
labor laws and Limited to reinstatement the rights
Regulations Monetary claims and
Except claims for privileges
 No moentary 5000 peso limit Employees granted by
limit Compensation, Social law to
Security, Medicare legitimate
[Philhealth] and labor
maternity benefits organizations

Cases arising from the

interpretation or
implementation of CBAs
and those arising from
the interpretation or
enforcement of company
personnel policie
Tribunal SOLE or Duly Regional Director LABOR ARBITER Bureau of DOLE RD
authrozied or authorized Labor Or the Appropiate
Member hearing officer of Relations Courts
the DOLE Division
Initiated Proceedings are Sworn complaints Complaint by interested Interested party or
offshoot of filed by Interested party party affected….
inspections done parties The employee
by labor officers
WHO? Current Past or present Past Or present Any Labor Present
Employees employess Employee org or
association
of Unions
Appeal SOLE NLRC NLRC Bureau of NLRC
labor
relations