De La Salle University

College of Law

A TEACHING MODULE ON THE RIGHTS GUARANTEED UNDER

ADMINISTRATIVE DUE PROCESS DEVELOPED PARTICULARLY
FOR BLUE-COLLAR WORKERS IN THE PRIVATE SECTOR

In Partial Fulfillment of the Requirements in

Administrative Law, Public Officers, and Election Law
AY 2020-2021, First Semester

Submitted by
ABASTILLAS, Kae A.
DIMEN, Karen G.
GONZALES, Celina O.
MAGSAYSAY, Catherine Anne D.
PUNZAL, Carlos Gabriele M.

Submitted to
Atty. Luie Tito F. Guia
November 10, 2020

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❖ BACKGROUND AND PROFILE OF THE TARGET AUDIENCE
In Guijarno v. CIR, the Supreme Court highlighted how a laborer is helpless against
a power employer. Further, in International School Alliance of Educators v.
Quisumbing, the High Court ruled that in the workplace, where the relations
between capital and labor are often skewed in favor of capital, inequality and
discrimination by the employer are all the more reprehensible. Hence, with the
reality that many Filipinos have very precarious jobs, our target audience are the
blue-collar workers in the private sector to enlighten them on their constitutionally
protected rights.

The blue-collar worker is perceived to make less than the white-collar worker. The
white-collar worker might work behind a desk in the service industry, while the
blue-collar worker gets their hands dirty doing manual labor or working in a
division of manufacturing. In other words, it refers to any worker who engages in
hard manual labor.1

❖ KEY LESSONS
In creating this learning module, the group aims to explain the following key lessons
in creating this learning module targeted towards blue collar workers in the private
sector.

Constitutional Rights of Workers

The rights of workers will also be discussed by the group. As provided under Section
18, Article II of the Constitution, the State affirms labor as a primary social
economic force and it shall protect the rights of workers and promote their welfare.
Given the importance of the labor force, the group aims to help and encourage the
disadvantaged members of the labor private sector to be more aware of their rights
and to assert their constitutionally mandated rights in administrative proceedings,
particularly those concerning labor cases.

Labor Code of the Philippines

The Labor Code of the Philippines governs employment practices and labor
relations in the Philippines. It also afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex, race or creed and
regulate the relations between workers and employers. The learning module will
also discuss and define basic concepts, rights, rules and standards regarding
employment such as pre-employment policies, labor conditions, wage rate, work
hours, employee benefits, termination of employees provided under the Labor
Code.

1
https://www.investopedia.com/articles/wealth-management/120215/blue-collar-vs-white-collar-different-social-classes.asp

2
 Identification of the requirements of administrative due process
The group has provided a handout explaining the eight cardinal rights of the
administrative due process as enumerated in the cases of Ang Tibay v. CIR and GSIS
v CA. The discussion of the said cardinal rights will be emphasized in this module
in order to give our target audience an idea on how to protect their rights and to
avoid any discrimination or inequality in the workplace.

Department of Labor and Employment

The Department of Labor and Employment (DOLE) is the national government
agency mandated to formulate policies, implement programs, and serve as the
policy-coordinating arm of the Executive Branch in the field of labor and
employment. The group will also discuss the mandate and functions of DOLE as to
inform our target audience on how it promotes employment opportunities and
optimizes the development and utilization of the country’s manpower resources.
Various jurisprudence will also be provided to ensure a better discussion.

❖ LEARNING OBJECTIVES
A. To define basic concepts and rights under The 1987 Constitution vis-a-vis the
Labor Code;
B. To give examples of violations of labor rights;
C. To lay down procedure in initiating labor disputes;
D. To identify the cardinal rights in administrative proceedings; and
E. To enact a labor case to afford the workers a visualization of the applicability
of the cardinal rights.

❖ TRAINING MATERIALS/EQUIPMENT/RESOURCES
A. Covered Court in Taal, Batangas

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B. Assistance of Local Government Unit
➔ Mayor Fulgencio “Pong” I. Mercado of Taal, Batangas

C. Utilization of Electronic Materials

(i) Laptop
(ii) Powerpoint/Video presentation

Exhibit A: Slide presentation showing the speakers

Exhibit B-E: Slides to be used explaining the Cardinal Primary Rights

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5
Exhibit F-G: Slides to be used in explaining the mechanics of the game

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 (iii) Microphone
(iv) Projector
(v) White wall/white screen

❖ SESSION GUIDE OR PROGRAM FLOW

Time allotted Methodology Activity in detail

08:00-08:30 AM Registration

Outreach Program
08:35-08:40 AM Prayer

08:45-09:20 AM Opening remarks

09:25-10:50 AM Skit re-enacting common

conflicts with employer

10:55-11:25 AM Talk/Seminar; facilitators,

Sec. Bello, & Atty. Añonuevo

11:30-12:00 AM Skit re-enacting remedies

employee

12:05-12:30 PM Games - Pinoy Henyo; with

prizes

12:35-1:30 PM Closing remarks; facilitators,

Dean Diokno

01:35-02:30 PM Lunch break

02:35-4:00PM Free legal advice

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❖ SKIT RE-ENACTING COMMON CONFLICTS WITH EMPLOYER
➔ Actors:
◆ Celina Gonzales as the security guard
◆ Karen Dimen as the other security guard
◆ Carlos Punzal as the employer

➔ Natanggap si Celina bilang security guard ng Sugar Security Services, Inc.

Pakaraan ng kaniyang unang anibersaryo sa kompanya, nalipat s’ya sa sister
company ng Sugar, Sugarland Security Services.
➔ Pumirma si Celina ng bagong probationary contract sa Sugarland. Si Carlos
ang kaniyang naging bagong amo.
◆ Carlos: Welcome sa Sugar, Ms. Gonzales. Inaasahan kong magiging
masipag ka sa iyong trabaho ha?
◆ Celina: Opo, Sir. Makakaasa po kayo.
◆ Nagkamayan ang dalawa.
➔ Dahil bago lang siya sa Sugar, naitalaga siya sa night shift, 8pm-5pm kada
Linggo, Lunes, Martes, Biyernes at Sabado. Bagama’t pang-gabi pa siya,
kinakailangan na n’yang pumasok sa trabaho ng bandang alas-singko ng
hapon, upang maipasa ng kaniyang ka-relyebo, na si Karen, ang mga
natitirang gawain.
◆ Karen: Hello, Celina. Ako ang iyong ka-relyebo. Siguro naman malinaw
sating dalawa na dapat maaga kang pumasok para maibigay ko kaagad
sa iyo ang mga natitira pang gawain. Ayaw kong nag-o-overtime dahil
may part-time job pa ako.
◆ Celina: Sige, Karen. Pipilitin kong pumasok nang maaga parati.
➔ Isang linggo, na-late si Celina sa trabaho dahil masama ang kaniyang
pakiramdam. Nagpaliwanag siya kay Karen, ngunit nagalit lamang siya.
◆ Celina: Sorry, Karen. Na-late ako kasi masa--
◆ Karen: Huwag ka nang magpaliwanag! Late na ako sa part-time ko. ‘Eto
na, ginawa ko na yung listahan ng mga dapat mong gawin.
◆ Celina: Eh kasi--
◆ Karen: Aalis na ako.
➔ Masama pa rin ang kaniyang pakiramdam kinaumagahan, kaya na-late na
naman s’ya.
◆ Karen: Late ka na naman?
◆ Celina: Pasensya na talaga, kasi kahapon pa masa--
◆ Karen: Magrarason ka pa eh.
◆ Celina: Hindi, totoo talagang ma--
◆ Karen: Sige, isang late pa bukas, ipapa-sisante kita.

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 ➔ Sa kasamaang palad, na-late muli si Celina.
◆ Tumaas ang boses ni Karen.
◆ Karen: Gusto mo ba talagang ipasisante kita?
◆ Celina: Hindi. Ayaw ko naman. Pero kasi masama lang yung
pakiramdam ko simula pa noong linggo kaya hindi ako makabangon
kaagad.
◆ Karen: Hindi makabangon agad? Siguro nakikipag-date ka lang.
◆ Celina: Hindi ah. Masama talaga paki--
◆ Karen: Dami mong rason. Akala mo naman ang galing galing mo dito
sa trabaho. Akala mo kung sino. Ang bago bago mo palang, ang hilig
hilig mo nang ma-late. Sino ka ba ha?
◆ Celina: Sumosobra ka na ah. Na-late lang naman ako dahil sa masama
ng ang pakiramdam ko. Akala mo rin kung sino ka para ganiyan kung
umasta, mas matagal ka lang dito, pero hindi ikaw ang boss ko!
◆ Karen: *sinampal si Celina*
◆ Celina: *sinabunutan si Karen*
◆ Carlos: (dumating at inawat ang dalawa) Magkita tayo sa opisina ko
bukas! Umuwi na muna kayong dalawa.
➔ Kinaumagahan, sa opisina ni Carlos:
◆ Carlos: Sinisisante ko na kayong dalawa.
◆ Karen: Teka, Sir. Unang pakikipag-away ko pa lang ‘yun. Tsaka itong si
Celina nga eh, natutulog daw to sa trabaho. Ako, hindi naman. Maayos
akong nagtatrabaho dito.
◆ Celina: Pero, Sir, hindi naman po ako ang nag--
◆ Carlos: Wala akong panahon para makinig sa paliwanag n’yo. Lalo ka
na, Celina, natutulog ka pa pala sa trabaho. You’re fired!
➔ Naghain ng kaso si Celina sa DOLE base sa illegal dismissal. Aniya, hindi s’ya
nabigyan ng pagkakataong makapag paliwanag.

➔ Based on: A Prime Security Services, Inc. v. NLRC2

Private respondent filed a complaint against the petitioner with the Department of
Labor and Employment for illegal dismissal, illegal deduction and underpayment of
wages. The complaint alleged, among others, that private respondent had been
working as a security guard for a year with the Sugarland Security Services, Inc., a
sister company of petitioner. Subsequently, petitioner took over the security
contracts of its sister company and absorbed some of its employees. Private
respondent was among those absorbed. Private respondent was then forced by
petitioner to sign new probationary contracts of employment for six (6) months.

2
Synopsis from original text of A Prime Security Services, Inc. v. NLRC, 322 SCRA 283 (2000)

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 On August 1, 1988, petitioner terminated his employment. Petitioner was dismissed
based on the results of his behavioral and neuropsychological tests and on his alleged
violations of sleeping on post and quarrelling with a co-worker.

❖ TALK PROPER
➔ CONSTITUTIONAL RIGHTS OF WORKERS
1. Equal Work Opportunities for all - The State shall protect labor, promote
full employment, provide equal work opportunity regardless of gender,
race, or creed; and regulate relations between employees and employers.
2. Security of Tenure - Every employee shall be assured security of tenure.
No employee can be dismissed from work except for a just or authorized
cause, and only after due process. Just cause refers to any wrongdoing
committed by an employee; authorized cause refers to economic
circumstances that are not the employee’s fault.
3. Work days and work hours - An employee must be paid their wages for all
hours worked. If their work hours fall between 10:00 p.m. and 6:00 a.m.,
they are entitled to night shift pay in addition to their pay for regular work
hours. If they work over eight hours a day, they are entitled to overtime
pay.
4. Wage and Wage-Related Benefits - Wage is the amount paid to an
employee in exchange for the service that they rendered to their
employer. Wage may be fixed for a given period.
5. Payment of Wages - Wages should be paid directly to the employee in
cash, legal tender, or through a bank.
6. Safe working conditions - Employers must provide workers with every
kind of on-the-job protection against injury, sickness or death through
safe and healthful working conditions.
7. Rights to Self-Organization and Collective Bargaining - Every worker has
the right to self-organization, i.e., to form or to join any legitimate workers’
union, free from interference of their employer or the government. All
workers may join a union for the purpose of collective bargaining and are
eligible for union membership on the first day of their employment.
Collective bargaining is a process between two parties, namely the
employer and the union, where the terms and conditions of employment
are fixed and agreed upon. In collective bargaining, the two parties also
decide upon a method for resolving grievances. Collective bargaining
results in a contract called a Collective Bargaining Agreement (CBA).
➔ LABOR CODE OF THE PHILIPPINES
Discussion of pertinent provisions of the Labor Code of the
Philippines. Emphasis will be given to labor and social laws that afford

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 protection to labor, promote employment and human resources
development.
➔ DEPARTMENT OF LABOR AND EMPLOYMENT
Head of Office - Secretary Silvestre H. Bello III
Mandate and Functions - The Department of Labor & Employment is
responsible for the implementation of policies and programs that
promote gainful employment opportunities, develop human
resources, protect the welfare and advancement of workers, and
maintain harmonious industrial relations between and among the
workers and employers. It is mandated as the primary policy-making,
programming, coordinating and administrative entity of the Executive
Branch of the government in the field of labor and employment.
Programs - Single-Entry Approach (SEnA) Program is a reform
measure institutionalized in all DOLE Offices to provide a speedy,
impartial, inexpensive and accessible settlement procedure for labor
issues to prevent them from ripening into full blown disputes and cases.
Labor Inspection Program is a program established to further
strengthen the implementation of the visitorial and enforcement
powers under the Labor Code towards securing a higher level of
compliance with labor laws and standards, and ensuring continuity and
sustainability of compliance at workplaces.

While administrative agencies are free from the rigidity of certain procedural
requirements, they cannot entirely ignore or disregard the fundamental and
essential requirements of due process in trials and investigations of an
administrative character3.

A decision rendered without due process is void ab initio and may be attacked
at any time directly or collaterally by means of a separate action or proceeding
where it is invoked4.

Due process as a constitutional precept does not always and in all situations
require a trial-type proceeding. Due process is satisfied when a person is notified
of the charge against him and given an opportunity to explain or defend himself.
The essence of due process is simply to be heard, or as applied to administrative
proceedings, an opportunity to explain one's side, or an opportunity to seek a
reconsideration of the action or ruling complained of5.

3
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
4
Garcia v. Molina, G.R. No. 157383 (2010).
5
NAPOLCOM National Appellate Board v. Bernabe, G.R. No. 129914, (2000)

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 ➔ REQUISITES OF ADMINISTRATIVE DUE PROCESS
1. The right to a hearing, which includes the right to present one’s case and
submit evidence in support thereof.6
Karapatan mong marinig at ipresenta ang iyong kaso.

● The right to hearing includes the right of the party interested or

affected to present his own case and submit evidence in support
thereof. The liberty and property shall be protected by the
rudimentary requirements of fair play.7
● The parties concerned must be given the opportunity to present their
respective sides or to seek reconsideration. Hearing does not
necessarily mean a full-blown trial like in courts of justice. Pleadings
and position papers are already considered as hearing.8

2. The tribunal must consider the evidence presented.9

Karapatan mong magbigay ng mga ebidensya upang lubusang
maipaliwanag ang iyong panig
● The right to adduce evidence, without the corresponding duty on the
part of the board to consider it, is vain. Such right is conspicuously
futile if the person or persons to whom the evidence is presented can
thrust it aside without notice or consideration.10
● The tribunal has the duty to examine the evidence that was presented
by the parties in order to ensure that the decision to be made is fair and
just.

3. The decision must have something to support itself.11

Karagdagang ebidensya ukol sa iyong kaso ang dapat maging basihan ng
desisyon.

● "While the duty to deliberate does not impose the obligation to decide
right, it does imply a necessity which cannot be disregarded, namely,
that of having something to support it is a nullity, a place when directly
attached." This principle emanates from the more fundamental is

6
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
7
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
8
Securities and Exchange Commission v Universal Rightfield Property Holdings, G.R. No.181381
9
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
10
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
11
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.

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 contrary to the vesting of unlimited power anywhere. Law is both a
grant and a limitation upon power.12
● Due process does not require that actual taking of testimony be before
the same officer who will decide the case. As long as a party is not
deprived of his right to present his own case and submit evidence in
support thereof, and the decision is supported by the evidence in the
record, there is no question that the requirements of due process and
fair trial are fully met.13
● The requirements of notice and hearing are followed where parties are
given fair opportunity to explain their side. Such cases may be resolved
based solely on documentary evidence submitted by parties as
affidavits may take the place of their direct testimony.14
● There is no requirement in Ang Tibay v. CIR that the decision must
express clearly and distinctly the facts and the law on which it is based
for as long as the administrative decision is grounded on evidence, and
expressed in a manner that sufficiently informs the parties of the
factual and legal bases of the decision, the due process requirement is
satisfied15. This is not understood as abandoning the requirement in the
Constitution and the Administrative Code with respecting explaining
the factual and legal bases of judgment, only that the decision is
sufficient even if it is not written in the same extended manner as in
judicial decisions.

4. The evidence must be substantial. Substantial evidence means such

reasonable evidence as a reasonable mind accept as adequate to support a
conclusion.16
Hindi sapat ang pagpresenta lamang ng ebidensya sa paghusga ng kaso,
dapat na ito ay nakabase sa substansyal na ebidensyang ibinahagi sa
hukuman.

● Not only must there be some evidence to support a finding or

conclusion, but the evidence must be "substantial." It means such
relevant evidence as a reasonable mind accept as adequate to support a
conclusion." The statute provides that "the rules of evidence prevailing
in courts of law and equity shall not be controlling.' The obvious
purpose of this and similar provisions is to free administrative boards

12
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
13
American Tobacco Co. v. Director of Patents, G.R. No. L-26803 (1975)
14
Samalio v. CA, G.R. No. 140079, (2005).
15
Solid Homes, Inc. v. Laserna, G.R. No. 166051 (2008)]
16
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.

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 from the compulsion of technical rules so that the mere admission of
matter which would be deemed incompetent inn judicial proceedings
would not invalidate the administrative order. But this assurance of a
desirable flexibility in administrative procedure does not go far as to
justify orders without a basis in evidence having rational probative
force. Mere uncorroborated hearsay or rumor does not constitute
substantial evidence.17
● Quantum of Proof: Substantial Evidence: The amount of relevant
evidence which a reasonable mind might accept as adequate to justify
a conclusion18.
● An administrative proceeding is different from a criminal case and may
proceed independently thereof. The quantum of proof in the latter is
different, such that the verdict in one need not necessarily be the same
as in the other. A finding of guilt in the criminal case will not necessarily
result in a finding of liability in the administrative case19.
● Due process is violated when:
○ There is failure to sufficiently explain the reason for the decision
rendered; or
○ If not supported by substantial evidence; or
○ Imputation of a violation and imposition of a fine despite
absence of due notice and hearing20.

5. The decision must be based on the evidence presented at the hearing or at

least contained in the record and disclosed to the parties affected.21
Ang desisyon ay dapat na nakabatay sa mga inihaing ebidensya, talaan at
ibinahaging pahayag ng bawat panig.

● As long as a party is not deprived of his right to present his own case
and submit evidence in support thereof, and the decision is supported
in the record, there is no question that the requirements of due process
and fair trial are fully met.22
● Evidence on record must be fully disclosed to the parties.23 However,
respondents in administrative cases are not entitled to be informed of

17
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
18
Sec. 5, Rule 133, Rules of Court
19
Miralles v. Go, G.R. No. 139943, (2001)
20
Globe Telecom v. NTC, G.R. No. 143964 (2004)
21
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
22
American Tobacco Co v Director of Patents, G.R. No. L-26803, October 14, 1975.
23
American Inter-Fashion v Office of the Present, G.R. No. 92422, May 23, 1991.

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 findings of investigative committees, but only of the decision of the
administrative body.24

6. The tribunal or body or any of its judges must act on its own independent
consideration of the law and facts of the controversy, and not simply
accept the views of a subordinate.25
Ang hukuman o hukom ay dapat na isaalang alang ang mga ibinahaging
pangyayari sa kaso at naaangkop na batas sa isyu base sa personal nitong
aksyon o kaalaman sa kaso.

● The actual exercise of the disciplining authority’s prerogative requires

a prior independent consideration of the law and facts. Failure to
comply with this requirement results in an invalid decision. The
disciplining authority should not merely and solely rely on an
investigator’s recommendation, but must personally weigh and assess
the evidence gathered.26

7. The Board or body should, in all controversial questions, render its

decision in such manner that the parties to the proceeding can know the
various issues involved, and the reason for the decision rendered.27
Nararapat lamang na maresolba ang lahat ng mga isyu ng kaso sa paraan
na malalaman ng bawat panig ang dahilan kung bakit humantong sa
ganoong desisyon ang hukuman.

● The tribunal, body or board should make an informative decision that

should be clearly understood by the parties involved. The performance
of this duty is inseparable from the authority conferred upon it.28

8. The requirement of an impartial tribunal dictates that one who is called

upon to resolve a dispute may not sit as judge and jury simultaneously, nor
may he review his decision on appeal.29
Ang dapat na magdinig ng iyong kaso ay hindi na dapat ang magdinig ng
iyong apela base sa kanyang naunang desisyon.

● The hearing officer must be impartial and cannot be the fact-finder,

investigator, and hearing officer at the same time; There must be

24
Pefianco v Moral, G.R. No. 132248, January 19, 2000.
25
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
26
Department of Health v. Camposano, G.R. No. 157684, April 27, 2005.
27
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
28
Ang Tibay v CIR, G.R. No. L-46496, February 27, 1940.
29
GSIS v CA, G.R. No. 128523, September 28, 1998.

15
 separate personalities in investigating, deciding and hearing the case of
the complainant to avoid irregularities in the tribunal decisions.30

❖ SKIT RE-ENACTING REMEDIES OF EMPLOYEE

➔ Actors:
◆ Celina Gonzales as the security guard
◆ Carlos Punzal as the employer
◆ Kae Abastillas as the Labor Arbiter
◆ Cat Magsaysay as the NLRC
◆ Atty. Guia as the Supreme Court

➔ Sa DOLE, nabigyan si Celina ng pagkakataong marinig ang kaniyang kaso.

➔ Nagprisinta siya ng mga medical certificate mula sa Sugarland Clinic na
nagpapatunay na masama ang kaniyang pakiramdam simula panoong
Linggong iyon, at mga affidavit mula sa mga kapwa-manggagawa na
nagpapatunay na siya ay hindi natutulog sa trabaho.
➔ Base sa mga ebidensyang ito, naghatol ang Labor Arbiter ng desisyong si
Celina ay ilegal na tinanggal sa trabaho.
◆ Kae bilang Labor Arbiter: ang dapat na gawin ni Carlos ay ibalik si
Celina sa trabaho at bigyan ng katayuan bilang regular na empleyado.
➔ Nag-apela si Carlos at ang Sugarland sa NLRC.
◆ Cat nilang NLRC: Pinatototohanan ko ang decision ng Labor Arbiter.
➔ Nag-apela si Carlos at ang Sugarland sa Supreme Court.
◆ Atty. Guia as the Supreme Court: Ilegal ang kanyang pagkakatanggal sa
trabaho dahil hindi siya nabigyan ng pagkakataong makapagpaliwanag,
at ang pagkakatanggal ay walang patas, ligal at wastong basehan.

➔ Based on A Prime Security Services, Inc. v. NLRC.31

The Labor Arbiter rendered a decision ordering the respondent to reinstate the
complainant to his former position and accord to him the status of a regular
employee. The respondent is further ordered to pay the complainant his backwages
and to refund to the complainant the deduction it had made from his salary. On
appeal, the NLRC affirmed with slight modification the decision of Labor Arbiter.
Petitioner's motion for reconsideration was denied by the NLRC. Hence, this petition.

Petitioner contended that A' Prime and Sugarland are two separate and distinct
juridical entities. However, aside from such a bare allegation, petitioner presented no

30
GSIS v CA, G.R. No. 128523, September 28, 1998.
31
Synopsis from original text of A Prime Security Services, Inc. v. NLRC, 322 SCRA 283 (2000)

16
 supporting evidence and the Court cannot act thereupon without any legal basis.
Moreover, the Court cannot sanction the practice of some companies which, shortly
after a worker has become a regular employee, effects the transfer of the same
employee to another entity whose owners are the same, or identical, in order to
deprive subject employee of the benefits and protection he is entitled to under the
law.

Complainant became a regular employee upon completion of his six-month period

of probation. There was therefore, no basis for subjecting private respondent to a new
probationary or temporary employment considering that he was already a regular
employee when he was absorbed by A' Prime from Sugarland, its sister company.

Private respondent's alleged violations of sleeping on post and quarrelling with a

coworker, may not be proper grounds for dismissal as the same were first infractions.
Further, private respondent was not given a chance to contest his dismissal. Hence,
the Court held that the dismissal of private respondent, a regular employee, was
without any just, legal and valid basis.

❖ GAMES
➔ There will be 5 teams; said teams play one at a time. Each team has 2
members. One is called a guesser, the one who guesses the word and gives
questions. The other is the responder, the one who answers the questions with
a yes, no or maybe.
➔ Players are seated facing each other. The word that the player should guess is
flashed on a digital board, which is above the head of the other player. The
words are predetermined and prepared by our group.
➔ The word should be any category related to labor matters. [Labor Code, Blue
Collar Workers, Cardinal Rights, Secretary Bello III, Security of Tenure]
➔ Time limit is 2 minutes, the timer starts at once when the word is revealed.
➔ 5 seconds shall be added as penalty to the one responding other answers than
yes, maybe or no.
➔ The timer stops when the team guesses the answer. Whichever team guesses
the word in the shortest time wins the game.
➔ After the game, the game marshal [Karen] will now discuss the words guessed
by each team.
➔ The winning team will have a prize of 1000 pesos while the losing teams will
get a consolation prize of 200 pesos each. All participants will receive a
certificate of participation.

❖ FREE LEGAL ADVICE

➔ After lunch break, our group will now facilitate a Free Legal Advice supervised
by Atty. Domingo Añonuevo and Atty. Jose Manuel Diokno. The purpose of

17
 this activity is to provide advice to our participants' labor related complaints.
Atty. Añonuevo and Atty. Diokno will also be assisted by Lawyers and
Paralegals from Free Legal Assistance Group (FLAG) and volunteers from
DLSU Law Paralegal Volunteer Organization.

❖ TECHNICAL REFERENCES
➔ Secretary Silvestre “Bebot” Bello III accomplished his college education at
Manuel L. Quezon University, Manila. Afterwards, he pursued law at Ateneo
de Manila University. He is a former Justice Secretary and peace negotiator.
He was a senatorial candidate under Lakas-Kampi-CMD. He quit his post as
Cabinet Secretary in February 10, 2010 to pursue his senatorial campaign.
Bello uses the taglines “Justiceman” and “Pwersa ng Hustisya” (Forces of
Justice). From 1973 to present he became a lawyer for 4 law firms and During
the Martial Law Era, Bello was a member of the Free Legal Assistance Group
founded by Senator Diokno. In 1986, he was appointed Undersecretary of
Justice under Corazon Aquino; he became the Secretary of Justice in 1990 and
served until 1992. He served as Solicitor General from 1996 to 1998, and was
the head of the Government of the Republic of the Philippines (GRP)
Negotiating Panel which held talks for peace negotiation with the NPA- CPP-
NDF. He was also President and Chief Executive Officer of (CEO) PNOC–
Development & Management Corp. In 2007, he became the presidential
adviser on New Government Centers, and in 2008, Cabinet Secretary.32

➔ Atty. Domingo Añonuevo is a union counsel of various employee unions in

different institutions including those under financial, telecomunications,
drug manufacturing and distributing, garments, and power industries. He is
also a counsel of several non-government organizations in the country and is
a founding member of the Movement of Attorneys’ Brotherhood, Integrity
and Nationalism, Inc. (MABINI). He is a current member and former deputy
NCR coordinator of the Free Legal Assistance Groups (FLAG).33

➔ Atty. Jose Manuel “Chel” Diokno is a Professor of Law and Executive Director
of the Diokno Law Center. He is a Bar member of both the Republic of the
Philippines and the State of Illinois. He is also the chairman of the Free Legal
Assistance Groups (FLAG), the oldest and largest organization of human
rights in the Philippines. He has a Bachelor of Arts in Philosophy degree from
the University of the Philippines. He graduated magna cum laude from the

32
https://www.facebook.com/BWSC.DOLE/
33
http://law.dlsu.edu.ph/about/faculty.asp

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 Northern Illinois University College of Law with the degree Juris Doctor of
Laws.34

➔ Lawyers and Paralegals from Free Legal Assistance Group (FLAG) is the oldest
human rights lawyers network in the Philippines. Formed in 1974 by former
Senators Jose W. Diokno, Lorenzo M. Tañada Sr., and Joker P. Arroyo, it
continues to advocate for the promotion and defense of human rights here
and abroad.35

➔ DLSU Law Paralegal Volunteer Organization acts as an advocacy-driven

service group and conducts training programs for community paralegals and
paralegal trainers. It also offers legal aid and performs other socio-civic
activities.36

❖ HANDOUTS

34
Id.
35
https://www.facebook.com/pg/FLAGMetroManila/about/?ref=page_internal
36
https://www.facebook.com/dlsupvo/about

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