ADMIN LAW, LPO & ELEC LAW

Course Syllabus
I. ELECTION LAW
A. Suffrage
1. Qualification and disqualification of voters
2. Registration and deactivation of voters
3. Inclusion and exclusion proceedings
4. Local and overseas absentee voting
5. Detainee voting
B. Political parties
1. Jurisdiction of the Commission on Elections
over political parties
2. Registration of political parties
C. Candidacy
1. Qualifications and disqualifications of
candidates
2. Filing of certificates of candidacy
a. Effect of filing
b. Substitution and withdrawal of candidates
c. Nuisance candidates
d. Effect of disqualification
D. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
a. Kinds of administrative rules and regulations
b. Requisites for validity
2. Adjudicatory power
a. Administrative due process
b. Administrative appeal and review
c. Administrative res judicata
3. Fact-finding, investigative, licensing, and
rate-fixing powers
D. Judicial review
1. Doctrine of primary administration
jurisdiction
2. Doctrine of exhaustion of administrative
remedies
3. Doctrine of finality of administrative action
III. LAW ON PUBLIC OFFICERS
A. General principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement, and back
salaries

E. Board of Election Inspectors and Board of I. Immunity of public officers

Canvassers.
1. Composition J. Distinguish: de facto and de Jure officers
2. Powers
K. Termination of official relation
F. Remedies
1. Petition to deny due course to or cancel L. Civil service
certificate of candidacy 1. Scope
2. Petition for disqualification 2. Appointments to the civil service
3. Failure of election; call for special election 3. Personnel actions
4. Pre-proclamation controversy
5. Election protest M. Accountability of public officers
6. Quo warranto 1. Types of accountability
a. Administrative
II. ADMINISTRATIVELAW b. Criminal
A. General principles 2. The Ombudsman and the Office of the
B. Administrative agencies Special Prosecutor
C. Powers of administrative agencies 3. The Sandiganbayan

1. Rule-making power N. Term limits

ALTERNATIVE DISPUTE RESOLUTION
Course Syllabus

A. Course Title
Alternative Dispute Resolution
 
B. Course Description
This course mainly covers the Alternative Dispute Resolution Law and other relevant laws and rules
concerning alternative dispute resolutions in the Philippines.
 
C. Grading System 
Recitations/Assignments 20%
Quizzes 20%
Midterm Exam 30%
Final Exam 30%
FINAL GRADE 100%
 
Recitations will be graded in the following manner:
Absent (when called) 0%
Refused or unable to answer (pass), but was present in the lecture 70%
Tried to answer but was entirely wrong 75%
Answer is correct or not totally correct but made some interesting points 76%-100%
 
Answers to essay questions in all activities will be graded in the following manner:
Complete answer Full credit
No legal basis -30% to -50%
No factual basis -30% to -50%
No proper citation -5% to -10%
Improper legal basis -20% to -40%
Improper factual basis -20% to -40%
Wrong answer but made some interesting points -30% to -50%
Wrong answer -80% to -100%
No answer -100%
 
D. Course Content
Alternative Dispute Resolution is a 2-unit course. This means that the total number of hours for the
entire semester is 36 hours (18 weeks). You are required to spend at least 2 hours per week for this
subject.
As indicated below, some topics will require your own reading time, while some will have its online
lecture. This course is intended to proceed as follows:
Lecture/ Quiz
Objectives Topic/Activity Hours Delivery
Schedule
To know the public policy contained INTRODUCTION TO ADR 2 Module 1 January 23,
in the ADR Law.     2021
  -Public Policy 1-hour
To know the Implementing Rules and -Definitions online
Regulations governing the ADR Law. -Modes of Alternative Dispute lecture
  Resolution
To know the rules governing the -Implementing Rules and
 Regulations
Courts in relation to the ADR Law.
-Special Rules of Court on ADR
 
 
January 30,
Online Recitation
  1   2021
 
 
To know the provisions of the ADR Module
Law specifically governing Mediation MEDIATION – ADR Law 2.1
      February 6,
To understand what mediation is -Provisions of the ADR Law 2 1-hour 2021
under the ADR Law specific to Mediation online
    lecture
   
1 February 6,
Online Recitation
      2021
 
   
Module
MEDIATION – Implementing 2.2
Rules and Regulation of the ADR  
Law 2-hour
To know the provisions of the IRR of February 13,
  3 online
the ADR Law specific to mediation. 2021
-Provisions of the IRR of the lecture
ADR Law specific to Mediation  
   
 
February 20,
Quiz 1 2021
  1  
   
 
MEDIATION – Special Rules of February 27,
To know the provisions of the Special
Court on ADR Module 2021
Rules of Court on ADR specific to
  2.3  
mediation
-Provisions of the Special Rules    
  1
of Court on ADR specific to 1 hour-
To understand the role of the Courts
Mediation online
in mediation
  lecture
 
 
DOMESTIC ARBITRATION –
ADR Law and Arbitration Law Module
To know the concept of domestic   3.1
arbitration and the relevant laws -R.A. 876 also known as the   March 6, 2021
3
governing domestic arbitration Arbitration Law 2-hour  
  -Provisions of the ADR Law online
specific to Domestic Arbitration lecture
 
4 –
MIDTERM EXAM one March 8 to
   
  week 13, 2021
 
To know the provisions of the IRR of DOMESTIC ARBITRATION – 3 Module March 20,
the ADR Law specific to arbitration Implementing Rules and 3.2 2021
  Regulations of the ADR Law  
  2-hour
 -Provisions of the IRR of the
ADR Law specific to Domestic online
Arbitration lecture
 
March 27,
2021
1
  Online Recitation   (1st hour of
 
schedule)
 
INTERNATIONAL ARBITRATION
– ADR Law, the Model Law, and
the New York Convention
  Module
-Provisions of the ADR Law 3.3
specific to International  
To know the concept of international 4
Commercial Arbitration 2-hour April 17, 2021
commercial arbitration  
-The Model Law online
-The New York Convention on lecture
the Recognition and  
Enforcement of Foreign Arbitral
Awards
 
Quiz 2   April 24, 2021
1
   
 
 
ARBITRATION – Special Rules of Module
Court on ADR (Arbitration) 3.4
   
To know the role of the Courts
-Provisions of the Special Rules 4 2-hour May 8, 2021
regarding arbitration proceedings
of Court on ADR specific to online
Arbitration lecture
   
Online Recitation May 15, 2021
  1  
   
SPECIAL RULES ON
ALTERNATIVE DISPUTE
RESOLUTION – Motion for
To know the process of seeking the Module 4
Reconsideration, Appeal, and
review of court orders and decisions   May 15, 2021
Certiorari
concerning mediation, arbitration, 2 1-hour  
 
and other modes of alternative online  
-Provisions of the Special Rules
dispute resolution lecture
of Court on ADR concerning
review of decisions of the Courts
 
FINAL EXAM 4 –
May 17 to 22,
  one
    2021
week
 
 
 
I will notify you If there are changes in the schedule indicated in this course outline via
Announcements in Canvas. The online lectures will be recorded lectures that I will upload in Canvas
under the indicated Modules. I prefer the recorded lectures as these are more accommodating to
students who does not have a reliable internet connection, and the lectures will also be available for
reviewing in case you want to watch it again. Online recitations however will be conducted through
BigBlueButton in Canvas. Any changes will be announced in Canvas.
 
E. Reference
A. 9285 – Alternative Dispute Resolution Act of 2004
A. 876 – The Arbitration Law
DOJ Department Circular No. 98 – Implementing Rules and Regulations of the Alternative Dispute
Resolution Act of 2004
M. No. 07-11-08-SC – Special Rules of Court on Alternative Dispute Resolution
UNCITRAL Model Law on International Commercial Arbitration
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards – “New
York Convention”
CIVIL PROCEDURE
Course Syllabus

GENERAL PRINCIPLES

Civil Procedure is the procedure governing the filing, processing, and adjudication of civil actions. It
is a procedural law as it prescribes the method of enforcing rights and obtaining redress for their
invasion, as opposed to substantive law, which creates, defines, and regulates rights and duties that
give rise to a cause of action.

The rules of procedure promulgated by the Supreme Court have the force and effect of law.

Civil Procedure is embraced in Rules 1 to 71 of the Rules of Court and after its revision, is now
commonly known as the 1997 Rules of Civil Procedure. It is divided into the following topics: General
Provisions (Rule 1), Ordinary Civil Actions (Rules 2-5), Procedure in Regional Trial Courts (Rules 6-39),
Appeals (Rules 40-43), Procedure in the Court of Appeals and Supreme Court (Rule 44- 56),
Provisional Remedies (Rules 57-61), and Special Civil Actions (Rules 62-71). But on October 15, 2019,
the Supreme Court adopted A.M. No. 19-10-20-SC that amended Rule 6 to Rule 35 of the 1997 Rules
of Civil Procedure. This A.M. No. 19-10-20-SC took effect on May 1, 2020.

Included within the scope of Civil Procedure are the 1991 Rules on Summary Procedure, Local
Government Code provisions on the Katarungang Pambarangay, 2016 Revised Rules of Procedure for
Small Claims Cases, and other related issuances of the Supreme Court.

Requirements for this course: Students should have copies of the following, which they must read
and study: (1) 1997 Rules of Civil Procedure; (2) A.M. No. 19-10-20-SC; (3) 1991 Rules on Summary
Procedure; and (4) Local Government Code (the Katarungang Pambarangay).

a) Lesson outline and assigned cases for each lesson are stated in the modules.
b) Within 15 minutes after each lesson, students must submit their answers to the questions and
digests of the cases mentioned in the lesson outline.

The answers and the digests must be in the students’ own handwriting. These answers and digests
will be corrected and graded, and the grades will be part of the students’ class standing.

JURISDICTION b) Cases governed by these rules/In what

1) Kinds of jurisdiction cases these rules are not applicable
(original/appellate; general/special; c) Kinds of civil actions
exclusive/concurrent) d) Civil actions, distinguished from special
2) doctrine of hierarchy of courts and proceedings
continuity of jurisdiction e) How the rules should be construed
3) jurisdiction of courts
4) aspects of jurisdiction (over the III. CAUSE OF ACTION (RULE 2)
parties; over the subject matter; over the 1) Cause of action, defined
issues; over the res or the property in 2) Rule against splitting a single cause of
litigation action
5) jurisdiction over cases covered by 3) Rule on joinder of causes of action
barangay conciliation; small claims cases 4) Misjoinder of causes of action

GENERAL PROVISIONS (RULE 1) PARTIES TO CIVIL ACTIONS (RULE 3)

a) In what courts applicable 1) Who are real parties in interest
 2) Indispensable party, distinguished
from necessary party
3) Rule on joinder of parties
4) Misjoinder of parties
5) Class suit
VENUE OF CIVIL ACTIONS (RULE 4)
1) Venue of real actions
2) Venue of personal actions
3) Venue, distinguished from jurisdiction
PLEADINGS (RULE 6; RULE 7; RULE 8)
1) Kinds of pleadings
2) Kinds of defenses
3) Kinds of counterclaim
4) When to file a reply
5) Parts of a pleading
6) Certification on non-forum shopping;
effect of failure to comply
7) Verification, distinguished from
certification on non-forum shopping
8) Manner of making allegations in
pleadings
9) pleading an actionable document
10) how to contest actionable document
11) how to make specific denial
VII. EFFECT OF FAILURE TO PLEAD (RULE 9)
1) Defenses not waived even if not
pleaded
2) When a defendant may be declared in
default
3) Remedies of a defendant declared in
default
VIII. AMENDED AND SUPPLEMENTAL
PLEADING (RULE 10)
1) Amendments; as a matter of right or
with leave of court
2) Amendments to conform or authorize
presentation of evidence
3) Amended pleading; distinguished from
supplemental pleading
WHEN TO FILE RESPONSIVE PLEADINGS (RULE
11)
1) Extension of time to plead
BILL OF PARTICULARS (RULE 12)
1) When to file the motion for a bill of
particulars
2) Action by the court on the motion
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS (RULE 13)
1) Modes of filing
2) Modes of service
SUMMONS (RULE 14)
1) Two-fold purpose of summons
2) Modes of service of summons
3) Who may serve summons
4) Upon whom summons may be serve
5) Extraterritorial service of summons
MOTIONS (RULE 15)
1) Requisites of a valid motion
2) Litigious motions
3) Non-litigious motions
4) Prohibited motions
5) Omnibus motions
XII. DISMISSAL OF ACTIONS (RULE 17)
1) Dismissal by the plaintiff
2) Dismissal because of plaintiff’s fault
XIII. PRETRIAL (RULE 18)
1) Matters to be taken up at the pretrial
2) Effect of failure of parties and their
counsel to appear for pretrial
3) Submission of pretrial brief
4) Issuance of pretrial order
XIII. INTERVENTION (RULE 19)
1) Who may intervene
2) When to intervene
3) Pleadings in intervention
XIV. CALENDAR OF CASES (RULE 20)
SUBPOENA (RULE 21)
1) Kinds of subpoena
2) Who may issue subpoena
3) Motion to quash subpoena
COMPUTATION OF TIME (RULE 22)
XVI. MODES OF DISCOVERY (RULES 23 TO 29)
1) Different modes of discovery
2) Purpose of discovery
3) How deposition taken
 4) Consequences of refusal to comply
with modes of discovery
XVII. TRIAL (RULE 30)
1) Order of trial
2) Stipulation of facts
XVIII. CONSOLIDATION AND SEVERANCE
(RULE 31)
XIX. TRIAL BY COMMISSIONER (RULE 32)
DEMURRER TO EVIDENCE (RULE 33)
1) Who may file, when, and on what
ground
2) Remedy of plaintiff if demurrer is
granted
XXI. JUDGMENT ON THE PLEADINGS (RULE
34)
1) Who may file motion for judgment on
the pleadings, when, and on what ground
2) Remedy against a judgment on the
pleadings
XXII. SUMMARY JUDGMENTS (RULE 35)
1) Who may file motion for summary
judgment, when, and on what ground
2) Distinctions between judgment on the
pleadings and summary judgment
XXIII. JUDGMENTS, FINAL ORDERS, AND
ENTRY THEREOF
1) Requisites of a valid judgment
2) Entry of judgment
3) Several judgment
4) Separate judgment
XXIV. EXECUTION, SATISFACTION, AND EFFECT
OF JUDGMENTS
1) Kinds of execution
2) Stay of judgments
3) How and when to execute a judgment
4) Property exempt from esecution
5) Redemption
XXV. APPEALS (RULE 40 TO 56)
1) Modes of appeal
2) Perfection of appeal
3) Questions that may be raised on
appeal
4) Dismissal of appeal
5) Annulment of judgment
XXVI. PRELIMINARY ATTACHMENT (RULE 57)
1) Grounds upon which writ may issue
2) Kinds of attachment
3) Requirements for grant of writ
4) Prior and contemporaneous rule
XXVII. PRELIMINARY INJUNCTION (RULE 58)
1) Grounds upon which writ may issue
2) Kinds of injunction
3) Requirements for grant of writ
4) Status quo order; distinguished from
temporary restraining order
XXVIII. RECEIVERSHIP (RULE 59)
1) Grounds for appointment of a receiver
2) Powers of a receiver
XXIX. REPLEVIN (RULE 60)
1) In what action is replevin applicable
2) Requirements of affidavit and bond
3) What must be stated in the affidavit
4) How adverse party may require
redelivery of property seized from him
XXX. SUPPORT PENDENTI LITE (RULE 61)
1) In what action may application for
support pendenti lite be filed
2) Remedies if adverse party fails to
comply with the order for support pendenti
lite
XXXI. INTERPLEADER (RULE 62)
1) When interpleader proper
2) Pleadings allowed
XXXII. DECLARATORY RELIEF/SIMILAR
REMEDIES (RULE 63)
1) Who may file petition
2) Actions that may be brought under
this Rule
3) Conversion into ordinary civil action
XXXIII. CERTIORARI, PROHIBITION,
MANDAMUS (RULES 64/65)
1) Certiorari; distinguished from
prohibition or mandamus
2) Expanded jurisdiction of courts in
issuance of certiorari, etc.
 3) Certiorari, distinguished from petition
for review on certiorari under Rule 45 XXXVII. PARTITION (RULE 69)
1) Order of partition
XXXIV. QUO WARRANTO (RULE 66) 2) Judgment of partition
1) Against whom petition may be filed
2) Quo warranto; distinguished from XXXVIII. FORCIBLE ENTRY AND UNLAWFUL
mandamus, impeachment, or election protest DETAINER (RULE ON SUMMARY PROCEDURE)
1) Distinctions between forcible entry
XXXV. EXPROPRIATION (RULE 67) and unlawful detainer
1) Who may institute expropriation 2) Rule on summary procedure,
proceedings applicable to these actions
2) Requirements for entry of plaintiff into 3) Judgment conclusive only on
the property involved possession
3) Order of expropriation 4) Execution of judgment
4) Determination of just compensation
XXXIX. CONTEMPT
XXXVI. FORECLOSURE OF REAL ESTATE 1) Kinds of contempt
MORTGAGE (RULE 68) 2) Remedies of a person adjudged in
1) What complaint must allege contempt
2) Judgment on foreclosure 3) How proceedings for indirect
3) Deficiency judgment contempt
4) Equity of redemption; distinguished
from right of redemption XL. SMALL CLAIMS CASES

LABOR LAW
Course Syllabus

REMINDER:
*This syllabus provides pertinent information about class policies and expectations. You are
responsible for reading it, understanding it, and following it.
*You must have your own computer and Internet access to take this course, as well as other required
technologies noted herein.
*Logging on to our Canvas page is your attendance in this class. You are expected to check Canvas a
minimum of thrice a week. Understand that failing to do so may cause you to miss pertinent course
information/assignments.
*You should plan on spending a minimum of 3 hours per week on this course.

Course Description:
This is an online, synchronous and asynchronous subject intended to provide students with an in
depth understanding of labor laws, as well as to develop an appreciation for the application of labor
law to the collective bargaining process. A major focus of this class will be to address statutory and
administrative aspects of labor law, most specifically, as it is administered under the Labor Code.
Practical exercises will be provided to the class as part of the course.

Labor relations law specifically covers: Book V of the Labor Code which deals with labor organizations,
collective bargaining, grievance machinery, voluntary arbitration, conciliation and mediation, unfair
labor practices, strikes, picketing and lockout.

Course Objectives:
To familiarize students with the nature, source, function, effects and applications of labor laws
specifically on the regulation of the relations between the employer and workers through unionism.

References and Grading system :

Books:
Labor Code of the Philippines (Presidential Decree No. 442, as amended, pertinent rules and
regulations, and selected cases.
G. Chan, The Labor Code of the Philippines Annotated Volume 2.

Grading System:
Quizzes – 15%
Midterms – 30%
Finals – 40%
Class participation – 15%
Synchronous Lecture and/or consultation:

Subject to agreement.
Technology requirements:
Digital recorder or similar device.
USB headset with microphone.
A computer with an updated operating system and an Internet browser
Basic computer audio/video equipment
DSL Internet connection or a connection
Canvas account

IMPORTANT:

I am the course facilitator. I guide you and help you through course material and answer questions
about course subject matter. I am not Tech Support.

You may contact our UC admin support for any technical question or support.

Office Hours and Email Protocol:

On-campus office hours are by appointment Monday to Friday.

On-line lectures and consultation will be held via Canvas App. Supplementary apps like zoom, viber
and email will be utilized. Facebook and Messenger will not be used.
12 hr. Window for Emails & Messages: Monday through Friday, I will respond to emails/messages
between 9:00 am to 8:30 pm - hence the importance of NOT procrastinating. No communications
during week-ends or after 8:30 pm. You know what is due well in advance; it’s your responsibility to
stay on schedule and prioritize your time. Don’t wait until the last minute to message me about
something that’s due in a few hours or the next day because I may not get back to you in time.
Course Objectives:

Upon completion of this course, students will have a working knowledge on the basic principles of
labor from pre-employment to retirement, and everything in between.

Learning Outcomes and Goals:

To be able to synthesize labor law principles with relevant constitutional law, civil law and criminal law
provisions.
To have an understanding of the basic concepts in recruitment and placement, both local and
overseas.
To be able enumerate and apply the minimum standards provided for by law that the employer
should provide the employees.
To be able to distinguish between among kinds of employment, modes of termination of employment,
and the inherent prerogatives of an employer.
To be able to enumerate and apply socially relevant legislations intended to uplift the underprivilege.
To be able to balance the rights and obligations between and among employer and employees in
relation to unionism.
To develop a good grasp on the jurisdiction, remedies, and relief accorded to both employees and
employer.
Instructional Strategies:

On-line learning modality is student-centered and focuses on collaborative learning, with the
instructor acting as a facilitator. Students will be required to attend synchronous lecture at least 1-2
hours a week. Asynchronous learning will cover other instructional materials such as reading of cases,
video digest, quizzes, and other students’ output to be required. The instructor plays an active role in
monitoring student interaction and providing constructive feedback. The course is primarily run on
Canvas. Other apps will likewise be utilized.

Organization of Course Material:

All learning materials shall be provided by the instructor and is open and available online, as students
work at their own pace during asynchronous learning; however, during synchronous learning, all
students are required to attend via video. This format is designed to help students maintain a
schedule and be aware that the instructor will spot-check their work and site activity at least one a
week. Base on the schedule provided by the office, we are supposed to meet twice a week, every
Monday (6:30pm-7:30pm), every Tuesday (5:30pm-6:30pm) and every Thursday (7:30pm-8:30pm),
however, we do not necessarily follow such schedule. Hence, this is the proposed schedule:

Synchronous learning: subject to agreement

Asyncronous learning: student’s own pace subject to due dates

Exercises and Activities:

Students will engage in a variety of online activities and scheduled assignments that might include
reading and digesting cases, watching movies or documentaries and PowerPoint/PDF presentations,
viewing video clips, and listening to audio files. Students will also be required to create videos to
comply with video case digest and other requirements, and will also record interactive online
discussions with other students in the course.

Important Note: Completion of all activities is self-paced; however, all assignments have firm
deadlines.

Assessments:

Canvas attendance is a must. A certain portion of the grading system will be devoted to your
attendance, you need to log-in at least thrice a week. * Your canvas account shall be provided upon
enrolment.
Activities. In each week, students will be required to complete a variety of online activities, both oral
and written, using a variety of technology tools. Students are expected to actively engage in all class
activities. Assigned activities must be completed and submitted by the designated deadline. Each
activity will be computer graded, instructor graded, computer-instructor graded, or completed as
credit/no credit.
Quizzes are due every other Friday.
Partner/Group Activities are due once a month, wherein students are required to interact with other
students and come up with a work output.
Case Digests are due based on your designated case number.
Major Examinations Based on the schedule to be provided by the University, these examinations will
be given in a variety of formats.
*No credit is given for late work and Canvas will not accept work submitted after the set due date.

TIPS:

How to be successful in this class:

Log onto Canvas at least thrice a week to make sure you see everything I provide to help you with
this class.
Make it a point to read and watch ALL posted. I choose them for a reason!
Make personal reviewer. In your own handwriting, on your own paper of choice. Spending time to
write them out will help you to remember the concepts.
Try to stay a few topics ahead. This will make your due dates seem a little shorter. If you can stay an
topic or chapter, that’d be even better because if something unexpected comes up, your activities will
be done = no stress.
I’m here for you! You may schedule a consultation if needed.
Academic Integrity:

For several activities in this course, you will be asked to work with others; in addition, you are
encouraged to form study partners and groups. However, any written/oral work that forms the basis
of your final grade in the class MUST be your (or your study group’s) own original work. Do not
plagiarize.

This includes all quizzes and digests and other output. I will report any and all indications of academic
dishonesty to the Dean.

COURSE OUTLINE (18 weeks at 3 meetings a Bargaining Representative

week) Determination of Representation Status
LABOR RELATIONS SEBA
Modes of determining SEBA
Right to self-organization Distinctions in terms of number of unions
Constitutional and Legal Bases participating in the election exercise
Who may exercise the right Request for SEBA Certification
Who cannot form, join or assist labor Certification Election
organizations Progressive Development Corp.-
Confidential employee rule Pizza Hut vs. Laguesma (G.R. No. 115077,
Doctrine of necessary implication April 18,1997)
Commingling/Mixture of membership Double Majority Rule
Samahang Manggagawa sa Charter Chemical Bar Rules
Solidarity of Unions in the Philippines for General Rule and Exceptions
Empowerment and Reforms vs. Charter Capitol Medical Center Alliance of
Chemical and Coating Corporation (G.R. No. Concerned Employees-United Filipino Service
1697171, March 16,2011) Workers vs. Hon. Laguesma (G.R. No. 118915,
Rights and conditions of membership February 4, 1997)
Nature of Relationship KAMPIL-KATIPUNAN vs. Trajano
Member-Labor Union (G.R. No. 75810, September 9, 1991)
Right to union membership Rights of Labor Organization
Rights of union members under the Labor Check-off, Assessment, Agency Fees
Code Kinds of Check-off
Labor Union-Federation Requisites for validity of union dues and
Affiliation special assessments
Disaffiliation Individual written authorization, when required
Substitutionary doctrine and when not required.
Bargaining unit Nature of Agency fees
Tests in determining an appropriate bargaining Collective Bargaining
unit Duty to bargain collectively
St. James School of Quezon City vs. When there is no CBA
Samahang Manggagawa sa St. James School When there is CBA
of Quezon City (G.R. No. 151326, November Automatic renewal clause
23,2005) Kiok Loy vs. NLRC
National Association of Free Trade Unions vs. Collective Bargaining Agreement (CBA)
Mainit Lumber Development Company Mandatory Provisions of CBA
Workers Union Grievance Procedure
Belyca Corporation vs. Ferrer-Calleja Voluntary Arbitration
 No Strike-No Lockout Clause
Labor-Management Council
Unfair Labor Practice
Nature, Aspects
By Employer
Interference with, restraint or coercion of
employees in the exercise of theire right to
self-organization
General Miling Corporation vs. Court of
Appeals (G.R. No. 146728, February 11,2004)
Totality of conduct doctrine
Yellow Dog Contract
Contracting out of services and functions
Company Union
Discrimination
Runaway shop
Filing of charges or giving of testimony
CBA-Related ULPs
Payment of negotiation and Attorney’s fees
Philippine Association of the Labor Unions
vs. Binalbagan Isabela Sugar Company
Violation of the CBA
Burden of proof in ULP cases
Persons criminally liable for ULPs of employer
By Labor Organizations
Restraint and coercion of employees in the
exercise of their right to self-organization
Discrimination
Duty of union to bargain collectively
Featherbedding Law
Demand or acceptance of negotiation fees or
attorney’s fees
Violation of the CBA
Burden of proof in ULP cases
Criminal and Civil liability for ULPs of Labor
Organization
Peaceful Concerted Activities
By Labor Organization
Strike
Classification of strikes
Procedural but mandatory requisites for a
valid and legal strike or lockout
Valid versus Illegal Strikes
The Hongkong & Shanghai Banking
Corporation Employees’ Union, et.al. v. NLRC
(G.R. No. 156635, January 11, 2016)
Reasons for declaring a strike illegal
Liability of union officers and ordinary
members
Picket
By Employer
Lockout
Assumption of jurisdiction
Nature
Effects of assumption of jurisdiction
Midterm Examinations
JURISDICTION AND RELIEFS
Labor Arbiter
Jurisdiction
Medline Management, Inc. vs. Roslinda
Exceptions to the original and exclusive
jurisdiction of Labor Arbiters
Jurisdiction over Unfair Labor Practice Cases
Jurisdiction over Illegal Dismissal Cases
Jurisdiction over money claims cases
Labor Arbiter versus Regional Director
Ex-bataan Veterans Security Agency, Inc. vs.
The Secretary of Labor Laguesma
Meteoro vs. Creative Creatures, Inc.
People’s Broadcasting Service (Bombo Radio
Phils., Inc.) vs. The Secretary of the
Department of Labor and Employment
Jurisdiction over calims for damages
Jurisdiction over legality of strikes and
lockouts
Jurisdictional interplay in strike or lockout
cases
Tabigue vs. International Copra Export
Corporation
Jurisdiction over cases involving legislated
wage increases and wage distortion
Jurisdiction over enforcement or annulment of
compromise agreements
Jurisdiction over execution and enforcement of
decisions of voluntary arbitrators
Rogelio Baronda vs. Hon. Court of Appeals
and HIDECO Sugar Milling Co., Inc. (G.R. No.
161006, October 14, 2015)
Jurisdiction over cases of OFWs
Other cases over which the Labor Arbiters
have jurisdiction
Jurisdiction over cases involving employees
of GOCCs
Jurisdiction over disputes involving alien
parties
Jurisdiction over labor cases involving priests
and ministers
Jurisdiction over cases of domestic workers or
kasambahay
Jurisdiction over cases of employees of
cooperatives
Jurisdiction over counterclaims of
employers
Issues and cases over which Labor Arbiters
have no jurisdiction
Claims for damages arising from breach of
non-compete clause and other post-
employment prohibitions
Employer’s claims for cash advances, car,
appliance, and other personal loans of
employees
 Dismissal of directors and other corporate
officers
Matling Doctrine
Labor cases involving entities
immune from suit
Doctrine of forum non conveniens
Quasi-delict or tort cases
Criminal and civil actions arising from
violations of the penal provisions of the Labor
Code
Constitutionality of Labor Contract stipulations
Requirements to perfect appeal to NLRC
Appeal in general
Perfection of appeal
Reglementary period
Exceptions
Appeal fee and legal research fee
Exceptions
Memorandum of appeal
Proof of service to adverse party
Posting of bond
Motion to reduce appeal bond
Reinstatement pending appeal
National Labor Relations Commission
Jurisdiction
Court of Appeals
Appeal via Rule 65, Rules of Court
St. Martin Funeral Home vs. NLRC
Thenamaris Philippines, Inc. vs. Court of
Appeals
The Heritage Hotel Manila vs. Pinag-isang
Galing Lakas ng mga Manggagawa sa Heritage
Manila
Petron Corporation and Peter C. Maligro vs.
NLRC
Sang-an vs. Equator Knights Detective and
Security Agency, Inc.
Philtranco Service Enterprises, Inc. vs.
Philtranco Workers Union-Association of
Genuine Labor Organization
Exceptions to the rule onn exhaustion of
administrative remedies
Judicial review by CA of decisions of Voluntary
Arbitrators
Supreme Court
Rule 45, Rules of Court
Neypes vs. Court of Appeals
Bureau of Labor Relations (BLR)
Jurisdiction
Labor officials having jurisdiction over Article
232[226] cases
Cases provided under Article 232[226]
Inter-union and intra-union disputes
Other related labor relations disputes
Original and exclusive jurisdiction of Med-
Arbiters, DOLE Directors and BLR Director
Appellate jurisdiction of the BLR Director as
distinguished from that of the DOLE Secretary
Remedies from decisions of BLR Director and
DOLE Secretary rendered in their appellate
jurisdiction
Administrative functions of the BLR and LRD
National Conciliation and Mediation Board
Nature of the proceedings
Conciliation vs. Mediation
Preventive Mediation
DOLE Regional Directors
Recovery/Adjudicatory Power
Jurisdiction
Labor Standards Enforcement Cases
Small Money Claims Cases
Occupational Safety and Health Violations
Complaint against private recruitment and
placement agencies for local employment
Cases submitted to Regional Directors and
assistant regional directors for voluntary
arbitration in their capacity as ex-officio
voluntary arbitrators
DOLE Secretary
Visitorial and Enforcement Power
Power to suspend effects of termination
Remedies
Jurisdiction
Original
Appellate
Voluntary Arbitrator
Jurisdiction
Jurisdiction over unresolved grievances
Jurisdiction over violation of CBA
Jurisdiction over other labor disputes
Jurisdiction over national interest cases
Jurisdiction wage distortion cases
Jurisdiction over disputes involving
productivity incentives program
Remedies
Prescription of Actions
Money claims
Illegal dismissal
Unfair Labor Practice
Offenses under the Labor Code
Illegal Recruitment
Final Examination