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02 LAB Labor Law and Social Legislation REVIEWER
02 LAB Labor Law and Social Legislation REVIEWER
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Angela AngelesCopyright:
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LaborLawandSocialLegislation
Reviewer
CompiledbyRehneGibbN.Larena|2020-21|UniversityofSanCarlos
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
TABLEOFCONTENTS 5.Constructioninfavoroflabor 2.CivilCode
6.Burdenofproofandquantumofevidence Article 1700. The relations between capital and labor are not merely
I. FUNDAMENTALPRINCIPLES 2 contractual. They are so impressed with public interest that labor
A.LegalBasis contracts must yield
to
the common good.
Therefore,
such contracts
II. RECRUITMENTANDPLACEMENT 4 are subject to
the
special laws on labor unions, collective bargaining,
1.1987Constitution strikes and lockouts, closed shop, wages,
working conditions, hours
oflaborandsimilarsubjects.
III. LABORSTANDARDS 10 ProvideslimitationsintheenactmentofLaborLaws.
1. Non-impairment Clause. Sec
10
Art
III. No law impairing the
IV. POST-EMPLOYMENT 37 obligationofcontractsshallbepassed. Article 1701. Neither capital nor labor shall act oppressively against
the other, or impair the interest or convenience of the public.
2. Equal Protection Clause. Sec 1 Art III. No person shall be
(PrincipleofNon-oppression)
V. LABORRELATIONS 68 deprived of life, liberty, or property without due process of law,
norshallanypersonbedeniedtheequalprotectionofthelaws.
VI. MANAGEMENTPREROGATIVE 83 3. Prohibition Against Involuntary Servitude. Sec 18(2) Art Article 1702. In case of doubt, all labor legislation and all labor
III.
No
involuntary servitude
in
any form shall exist except as a contracts shall be construed in favor of
the
safety
and
decent living
punishment for
a crime whereof the party shall have been duly forthelaborer.
VII. SOCIALLEGISLATION 87
convicted.
4. Due Process Clause. Sec 1 Art III. No person shall be deprived The
Provincial Bus Operators Association of the Philippines et al v.
VIII. JURISDICTIONANDREMEDIES 104 DOLE,etal.2
018EnBancLeonen,J
of life, liberty, or property without due process of law, nor shall
anypersonbedeniedtheequalprotectionofthelaws.
A statute passed to protect labor is a "legitimate exercise of police
I.FUNDAMENTALPRINCIPLES Constitutional provisions on the protection of labor are NOT power, although it incidentally destroys existing contract rights."
Contracts regulating relations between capital and labor are not
SELF-EXECUTING, and are mere guidelines that need enabling laws.
merely contractual, and said labor contracts are impressed with
A.Legalbasis Theyarenotjudiciallyenforceable.(s ee2009SerranoCase)
publicinterest,andmustyieldtothecommongood.
1.1987Constitution Council of
Teachers
& Staff
of
Colleges
& Universities
of
the
Phils., The
relations between capital and labor are not merely contractual as
v.Sec.ofEducation,etal2
018EnBanc provided in Article 1700 of
the
Civil
Code.
By statutory declaration,
2.CivilCode labor contracts are impressed with public interest and, therefore,
The constitutional mandates of protection to labor and security of
must yield to the common good. Labor contracts are subject to
3.LaborCode tenure may be deemed as self-executing in the sense that these
are
special laws on wages, working conditions, hours of labor, and
automatically acknowledged and observed without need for any
B.Statepolicytowardslabor similar subjects. In other words, labor contracts are subject to the
enabling legislation. However, to declare that the constitutional
police power of the State. The DO was issued to grant bus drivers and
provisions are enough to guarantee the full exercise of the rights
1.Securityoftenure conductorsminimumwagesandsocialwelfarebenefits.
embodied therein, and the realization of ideals therein expressed,
wouldbeimpractical,ifnotunrealistic.
2.Socialjustice 3.LaborCode
Subsequent legislation is still needed to define the parameters of
3.Equalworkopportunities these guaranteed rights to ensure
the
protection and promotion,
not 1) PD442,asamended;
onlytherightsofthelaborsector,butoftheemployers'aswell. 2) OmnibusRulesimplementingtheLaborCode.
4.Righttoself-organizationandcollectivebargaining
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 2of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
time-honored principle of Salus Populi est suprema lex.
B.Statepolicytowardslabor 2. the right of enterprises to reasonable returns to (Calalangv.Williams)
investments,andtoexpansionandgrowth.
SEC3ARTXIII.T
heStateshall 3.Equalworkopportunities
1.Securityoftenure 5) The State shall promote full employment and equality of
1. afford full protection to labor, local and overseas,
employmentopportunitiesforall.
organizedandunorganized,and 1) Workers can not be dismissed without just or authorized
causes. 6) A manifestation of this is
the
enactment
of
RA
10911
or
the
2. promote
full
employment and
equality
of
employment
Anti-Age Discrimination in Employment Act. It is now
opportunitiesforall. 2) Probationary employees shall
be
made
regular after 6 months
unlawful
unlessadifferentperiodisagreed.
Itshallguaranteetherightsofallworkersto a) Foremployersto
3) It is the right of the employee to continue to work until
1. self-organization, terminatedforjustorauthorizedcauseasprovidedbylaw. i) Print or publish, or cause to be printed or
2. collectivebargainingandnegotiations,and published, in any form of media, including
the internet, any notice of advertisement
3. peaceful
concerted
activities,
including
the
right
to
strike in ARTICLE 294. Security of Tenure. — In cases of regular
relating to employment suggesting
accordancewithlaw. employment, the employer shall not terminate the services of an
preferences, limitations, specifications, and
employee except for a j ust cause or when a
uthorized by this
Theyshallbeentitledto discriminationbasedonage;
Title. An employee who is
unjustly
dismissed from
work
shall
be
entitledto ii) Require the declaration of age or birth date
1. securityoftenure,
duringtheapplicationprocess;
2. humaneconditionsofwork,anda a) reinstatement without loss of seniority rights and other
iii) Decline any
employment application because
privilegesand
3. livingwage. oftheindividual'sage;
b) hisfullbackwages,inclusiveofallowances,and
They shall also participate in policy and decision-making iv) Discriminate against an individual in terms of
c) his other benefits or
their
monetary equivalent
computed compensation, terms and conditions or
processes affecting their
rights
and
benefits
as
may
be
provided
by
from the
time
his
compensation was
withheld from him
up privileges
of
employment on
account of such
law.
tothetimeofhisactualreinstatement. individual'sage;
TheStateshallpromote
v) Deny any employee's
or
worker's
promotion
1. the principle of shared responsibility between workers NB: Alsoappliestonon-regularemployees,inalimitedsense. oropportunityfortrainingbecauseofage;
andemployersand
2.Socialjustice vi) Forcibly lay off an employee or worker
2. the preferential use of voluntary modes in settling becauseofoldage;or
4) The promotion of
the
welfare
of all the people, the adoption by
disputes, including conciliation, and shall enforce their
the Government of measures calculated to insure economic vii) Impose early
retirement
on
the
basis
of
such
mutualcompliancetherewithtofosterindustrialpeace.
stability
of
all
the
component elements of
society, through
the employee'sorworker'sage.
The State shall regulate the relations between workers and maintenance of a proper economic and social equilibrium in b) Foralabororganizationto
employers,recognizing the interrelation of the members of the community,
i) Deny membership to
any individual
because
constitutionally, through the adoption of measures legally
1. the
right
of
labor to its just share in the fruits of production justifiable, or extra-constitutionally through the exercise of ofsuchindividual'sage;
and powers underlying the existence of all Governments on the ii) Exclude from its
membership
any
individual
becauseofsuchindividual'sage;or
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 3of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
iii) Cause or attempt to cause an employer to doubtful meaning may the court interpret
or
construe
its
true DutyFreePhilippinesv.Tria2012
discriminateagainstanindividual. intent.(L
eonciov.MSTMarineServices2 017) reClearandConvincingEvidence
7) Thelawhoweveracceptsofe xceptions 6.Burdenofproofandquantumofevidence In illegal dismissal cases, the employer is burdened to prove just
a) Age is a bona fide occupational qualification Maulav.XimexDeliveryExpress2017 cause for terminating the employment of its employee w ith clear
reasonably necessary in the normal operation of a and convincing evidence. This principle is designed to give
The burden of proof rests upon the employer to show that the
particular business or where the differentiation is flesh and blood to the guaranty of
security of tenure
granted
by the
disciplinary action
was made for lawful cause or that the termination
basedonreasonablefactorsotherthanage; ConstitutiontoemployeesundertheLaborCode.
of employment was valid. In administrative and quasi-judicial
b) The intent is to observe the terms of a bona fide proceedings, the quantum of evidence required is substantial Ebuengav.SouthfieldAgencies2018Leonen,J
evidence or "such relevant evidence as a reasonable mind might
seniority system that is not intended to evade the
accept as adequate to support a conclusion." Thus,
unsubstantiated Petitioner weaves a curious narrative of indifference
and
oppression
purposeofthisAct; suspicions, accusations, and conclusions of the employer do not but,
just
as
curiously, has
nothing more than bare allegations to back
c) The intent is to observe the terms of a bona fide providelegaljustificationfordismissingtheemployee. him up. He falls far too short of the requisite quantum of proof
in
employee retirement or a voluntary early retirement labor cases. He failed to discharge his burden to prove his allegations
Minsolav.NewCityBuilders,Inc.2018reMoneyClaims bys ubstantialevidence.
planconsistentwiththepurposeofthisAct;or
d) TheactionisdulycertifiedbytheSOLE. In claims for payment of salary differential, service incentive
leave, holiday pay and 13th month pay, the burden rests
on the II.RECRUITMENTANDPLACEMENT
4.Righttoself-organizationandcollectivebargaining employer to prove payment. This standard follows the basic rule
that in
all
illegal dismissal cases the burden rests on the defendant to A.Definitionofrecruitmentandplacement
8) Anemployeecanjoinauniononthefirstdayofemployment.
prove payment rather than on the plaintiff to prove non-payment.
9) Collective bargaining is a contract between workers and This likewise stems from the fact that all
pertinent personnel files, B.Regulationofrecruitmentandplacementactivities
employers on terms and conditions of employment over and payrolls, records, remittances and
other similar documents – which
abovethosemandatedbylaw. will show that the differentials, service incentive leave and other 1.Regulatoryauthorities
claims of workers have
been
paid
– are not in
the
possession of the
5.Constructioninfavoroflabor workerbutareinthecustodyandcontroloftheemployer. a.PhilippineOverseasEmploymentAdministration
On the other hand, for
overtime pay,
premium pays for holidays b.RegulatoryandvisitorialpowersoftheDOLESecretary
ARTICLE 4. Construction in Favor of Labor. — All doubts in the and rest days, the burden is shifted on the employee, as these
implementation and interpretation of the provisions of this Code, monetary claims are not incurred in the normal course of business. It 2.Banondirecthiring
including its implementing rules and regulations, shall be
resolved is thus incumbent upon the
employee to
first
prove
that he
actually
infavoroflabor. rendered service in excess of
the
regular
eight
working hours a day, 3.Entitiesprohibitedfromrecruiting
andthatheinfactworkedonholidaysandrestdays.
4.Suspensionorcancellationoflicenseorauthority
10) In Peñaflor v. Outdoor Clothing, this principle has been Remoticadov.TypicalConstructionTrading2018Leonen,Jre
extended to cover doubts in the evidence presented by the 5.Prohibitedpractices
IllegalDismissal
employerandtheemployee. C.IllegalRecruitment
There can be no case for illegal termination of employment when
11) If
doubt exists between the evidence presented by the employer there was no termination by the employer. While, in illegal 1.Elements
and the employee, the scales of justice must be tilted in favor of termination cases, the burden is upon the employer to show just
thelatter.(D
reamlandHotelResortv.Johnson2 014) cause for termination of employment, such a burden arises only if 2.Types
the
complaining employee has
shown, by s
ubstantial evidence,
12) The rule is that where
the
law
speaks in
clear and
categorical
thefactofterminationb ytheemployer. 3.Illegalrecruitmentasdistinguishedfromestafa
language, there is no room for interpretation; there is only
room for application. Only when the law is ambiguous or of
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 4of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
D.Liabilityoflocalrecruitmentagencyandforeignemployer 7. Private Recruitment/Employment Agency — refers to any 1.Regulatoryauthorities
person, partnership or corporation duly licensed by the
SOLE
1.Solidaryliability
to engage in the recruitment and placement of workers for a.PhilippineOverseasEmploymentAdministration
2.Theoryofimputedknowledge overseas employment for a fee which is charged, directly or Shall regulate private sector participation in the recruitment and
indirectly,fromtheworkersoremployersorboth. overseas placement of workers by setting up a licensing and
E.Terminationofcontractofmigrantworker registration system. It shall also formulate and implement a system
8. Filipino Service Contractor — refers to any person,
F.Employmentofnon-residentaliens partnership or corporation duly licensed as a private for
p
romoting and monitoring the overseas employment of
recruitment agency by the SOLE to recruit workers for its Filipinos.
PleaseseeR
A8042asamended. accreditedprojectsorcontractsoverseas. Labor
Situationers. The POEA,
in consultation with the DFA, shall
Terminologies 9. Direct Hires — refer to workers directly
hired
by
employers disseminate information on labor and employment conditions,
for overseas employment as authorized by the SOLE and migration realities and other facts, as well as adherence of
1. "Overseas Filipino worker" refers to a person who is to particular countries to international standards on human and
processedbythePOEA,including:
be engaged, is engaged or has been engaged in a remunerated workers rights which will adequately prepare individuals into
activity in a state of which he or she is not a citizen or on board a. Thosehiredbyinternationalorganizations;
making informed and intelligent decisions about overseas
a
vessel navigating the
foreign seas other than a government b. Thosehiredbymembersofthediplomaticcorps;and employment.
ship used for military or non-commercial purposes or
on
c.
Name hires or workers who are able to secure b.RegulatoryandvisitorialpowersoftheDOLESecretary
an installation located offshore or on
the
high seas; to
be used
overseas employment opportunities with employers
interchangeablywithmigrantworker. Art 36. Regulatory Power. The Secretary of
Labor shall have the
withouttheassistanceorparticipationofanyagency.
2. Contracted workers — refer to Filipino workers with power to restrict and regulate the recruitment and placement
10. Rehires — refer to land-based workers who renewed their activities of all agencies within the coverage of this Title and is
employment contracts already processed by the POEA for
employmentcontractswiththesameprincipal. hereby authorized to issue orders and promulgate rules and
overseasdeployment.
regulations to carry out the objectives and implement the
3. Overseas Filipinos — refer
to migrant workers, other Filipino
A.Definitionofrecruitmentandplacement provisionsofthisTitle.
nationalsandtheirdependentsabroad.
Art 37. Visitorial Power. The Secretary of Labor or his duly
4. Seafarer — refers
to
any
person who
is
employed or engaged Recruitment and placement refers to any act of canvassing,
authorized representatives may,
at
any
time,
inspect the premises,
in
overseas employment in
any
capacity on
board
a ship other enlisting, contracting, transporting, utilizing, hiring, or procuring
books of accounts and records of
any
person or
entity
covered by
than a government ship used for military or
non-commercial workers, and includes referrals, contract services, promising or
this Title, require it to submit reports regularly on prescribed
purposes. advertising for employment, locally or abroad, whether for profit or
forms,andactonviolationsofanyprovisionsofthisTitle.
not:
The definition shall include fishermen, cruise ship
personnel
Provided,Thatanypersonorentitywhich,i nanymanner, 2.Banondirecthiring
and those serving
on mobile
offshore
and drilling
units
in
the
highseas. 1. offersorp
romisesf orafee, see
POEA
Memorandum Circular No.
08,
S.
2018 Implementing
5. Licensed Recruitment Agency – any person duly authorized GuidelinesontheRegistrationofDirect-HireOFWs.
2. employmenttot woormorepersons
to engage in recruitment and placement of workers for overseas No
employer may hire
a Filipino
worker for
overseas employment
shallbedeemedengagedinrecruitmentandplacement.
employment.
except through the Boards and entities authorized by the DOLE.
6. Manning Agency — refers to any person, partnership or Direct-hiringby
B.Regulationofrecruitmentandplacement
corporation duly licensed by the SOLE to engage in the a) membersofthediplomaticcorps,
activities
recruitment and placement of seafarers for ships plying
internationalwatersandforrelatedmaritimeactivities.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 5of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
b) international organizations and such other employers as 2. Agencies whose licenses have previously been cancelled 4.Suspensionorcancellationoflicenseorauthority
may be allowed by the DOLE are exempted from this orrevoked;
provision. ValidityofLicense
3. Cooperatives, registered or not under the Cooperative
Act
c) Also exempted are
name
hirees or
those individuals who ofthePhilippines; a) To recruit for local employment. Valid for three (3) years.
are able to secure contracts on their own efforts and Application for renewal should be filed 30-60 days before
4. LawenforcersandanyofficialoremployeeoftheDOLE.
representation without the assistance or participation of expiration.Validityshallstartonthedateofexpiration.
5. Those against whom probable cause or prima facie finding
anyagency. b) To recruit for overseas employment. A provisional license
of guilt for illegal
recruitment
or
other
related cases exist
Their hiring nonetheless must be processed through
the
POEA
by valid for two (2) years is issued. It may be upgraded to a
particularly to owners or directors of agencies who have
submitting: regularlicense:
committedsuchviolations.
1) Theemploymentcontract; 1) Afterdeployingatleast100workers;
6. Sole proprietors of duly licensed agencies are prohibited
2) Validpassport; from securing
another license to engage in recruitment and 2) CertificatestatingtheescrowdepositremainsatP1M.
3) Employmentvisaorworkpermit,orequivalent; placement. ★ The regular license
is
valid
up
to
the
full term of 4 years from
7. Sole proprietors, partnerships
or
corporations licensed to thedateofissuanceoftheprovisionalone.
4) Certificateofmedicalfitness;and
engage in private recruitment and placement for local ★ The
application
to
upgrade
to
a regular
license
should
be
filed
5) Certificate of attendance to the required employment
employment are prohibited from engaging in job within3monthsbeforeexpirationoftheprovisionalone.
orientation/briefing. contracting or subcontracting activities. (Sec 5, DO No
c) Liability
undertakings of recruitment agency. An important
3.Entitiesprohibitedfromrecruiting 141-14)
pre-qualification requirement is a notarized undertaking that
Art 27. Citizenship Requirement. Only Filipino citizens or ForOverseasEmployment theapplicantshall:
corporations, partnerships or entities at least 75% of the 1. Travelagenciesandsalesagenciesofairlinecompanies; 1) Negotiate the best terms and condition of
authorized and voting capital stock of which is owned and 2. Officers or
Board
members of
any
corporation or partners employment;
controlled by Filipino citizens shall
be
permitted
to
participate
in inapartnershipengagedinthebusinessofatravelagency; 2) Select and deploy
only
medically
fit
and
competent
therecruitmentandplacementofworkers,locallyoroverseas.
3. Corporations and partnerships, where any of its officers, workers;
Art28.CapitalizationRequirement
Boardmembersorpartnersisalso(2); 3) Provide
orientation to workers regarding recruitment
Minimum Local Overseas 4. Individuals, partners, officers
or
directors
of
an
insurance procedure, country profile and living conditions,
company who make, propose or provide an insurance amongothers;
SingleProprietorship
NetworthofP
5M contract under the compulsory insurance coverage for 4) Obtain compulsory insurance coverage for its hired
andPartnership Paid-upcapitalof
agency-hiredOFWs; workersatnocosttothelatter.
P5M
Corporation CapitalizationofP5M 5. Sole proprietors, partners or officers
and
board
members 5) Provide the worker a copy of the contract and
OEC
withderogatoryrecords. (OverseasEmploymentCertificate);
The following are disqualified from recruitment and placement for
6. Any official or employee of DOLE, POEA, OWWA, DFA, ★ An
OEC
is issued to
an
OFW as proof that he has been
domesticemployment:
DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBO, PNP, CAAP, processed by the POEA or
POLO (PH Overseas Labor
1. Persons convicted of illegal recruitment, trafficking in international airport authorities, and other GAs directly Office). It is valid for 60 days. The OFW must be
persons,
violation of
child
labor
laws, or crimes involving involved in
the
implementation of
RA No 8042 and/or any deployed within that period. If no deployment
moralturpitude; ofhisrelativeswithinthe4 thcivildegree. happens, the agency must report it to the POEA within
15daysf romexpiry.
BasedontheLecturesofA
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B
ooksofAzucena,Kato,Poquiz ByRGL 6of122
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6) Guarantee that there is no officer or employee that through a job order that pertains to non-existent work, work l. Failure
to
actually
deploy
a contracted
worker
without
valid
may be disqualified due to relationship with any different from the actual overseas work, or work with a reasonasdeterminedbytheDOLE;
officialoremployeeofrelevantGAs. differentemployerwhetherregisteredornotwiththePOEA;
m. Failure to reimburse expenses incurred by the worker in
7) Assume full and complete responsibility for all d. To induce or attempt to induce a worker already connection with his documentation and processing for
employed to quit his employment in order to offer him purposes of deployment, in
cases
where
the
deployment does
claims and liabilities
that
may
arise
with
the
use
of
another unless the transfer is designed to liberate a worker notactuallytakeplacewithouttheworker'sfault;and
thelicense;
fromoppressivetermsandconditionsofemployment;
8) Assume joint and several liability with the n. To allow a non-Filipino citizen to head or manage a licensed
e. To influence
or attempt to
influence any person or
entity recruitment/manningagency.
employer for
all
claims
and
liabilities
that
may
arise
not to employ any worker who has not applied for
inimplementingthecontract. OtherProhibitedActs
employment through his
agency or who
has
formed, joined
or
9) Assume full and complete responsibility for all acts of supported, or has contacted or is supported by any union or o. Excessive Interest. To arrange, facilitate or grant
a loan to an
its officers, employees and representatives in the workers'organization; OFW with
interest >8% per
annum, which will
be used for
performanceoftheirduties. payment of legal and allowable placement fees and make the
f. To engage in the recruitment or
placement of
workers in
jobs
10) Adhere to the ethical standards as prescribed in the OFW issue, either personally or through a guarantor or
harmful to public health
or
morality
or to the dignity of the
CodeofConductforEthicalRecruitment;and accommodation party, postdated checks
in relation to
the
said
RepublicofthePhilippines;
loan;
11) Guarantee compliance with existing labor and social g. To
obstruct or
attempt
to
obstruct
inspection
by
the
SOLE
legislation
of
PH
and
of
the
country of employment of p. Specifying a Loan Entity. To impose a compulsory and
orbyhisdulyauthorizedrepresentative;
itsworkers. exclusive arrangement whereby an OFW is
required
to
avail
a
h. To fail to submit reports on the status of employment, loanonlyfromspecificallydesignatedentities;
Suspensionand/orCancellationofLicenseorAuthority placement vacancies, remittance of foreign exchange earnings,
q. Non-renegotiation of Loan. To refuse to condone a loan
separation from jobs, departures and such other matters or
The DOLE Secretary and POEA Administrator have concurrent incurred by an OFW after his employment contract has been
informationasmayberequiredbytheSOLE;
jurisdictiontosuspendorcancelalicense. prematurelyterminatednotthroughhisfault.
i. To substitute or alter to the prejudice of the worker,
5.Prohibitedpractices r. Specifying a Medical
Entity. Whereby
an
OFW is
required
to
employment contracts approved and verified by the
undergo health examinations only from specific clinics,
It shall be unlawful for any individual, entity, licensee, or holder of Department of Labor and
Employment from the
time
of
actual
entities,exceptwhenthecostisshoulderedbytheprincipal;
authority: signing thereof
by
the parties
up
to
and including the period of
the expiration of the same without the approval of the s. Specifying a Training
Entity. Whereby an OFW is required to
a. To charge or accept directly or indirectly any amount
DepartmentofLaborandEmployment; undergo
trainings, seminars
only from
specific
entities, except
greater than that specified in the schedule of allowable
whencostisshoulderedbytheprincipal;
fees prescribed by the SOLE, or to make a worker pay or j. For an officer or agent of a recruitment or placement
acknowledge any amount greater
than that actually received by agency to become an officer or member of the Board of t. Violation of
Suspension. To engage in any kind of recruitment
himasaloanoradvance; any corporation engaged in travel agency or to be engaged activity including the processing of pending workers’
directlyorindirectlyinthemanagementofatravelagency; applications;and
b. To furnish or publish any false notice or information or
documentinrelationtorecruitmentoremployment; k. To withhold or deny travel documents from applicant u. Collection of Insurance Premium. To pass on
the
employer
workers before departure for monetary or financial through deduction of his wages the cost or premium of
c. To give any false notice, testimony, information or
considerations, or for any other reasons, other than those insurancesunderthecompulsoryworkersinsurancecoverage.
document or commit any act of misrepresentation for the
authorized under the Labor Code and its implementing Rules
purpose of securing a license or
authority
under
the
Labor
andRegulations; C.IllegalRecruitment
Code, or for the purpose of documenting hired workers with
the POEA, which include the act of reprocessing workers
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 7of122
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Any
act
of
canvassing, enlisting, contracting, transporting, utilizing, 3) Complainants were convinced to part with their 3.Illegalrecruitmentasdistinguishedfromestafa
hiring, or procuring workers and includes referring, contract moneybysuchimpression;1
a) Estafa by means of false pretense. A worker who suffers
services, promising or advertising for employment abroad, 4) There must be at least a promise or offer of pecuniary damage as a result of a previous or simultaneous
whether
for
profit
or
not, when undertaken by a non-licensee employment.2 false pretense resorted to by a nonlicensee or nonholder of
or non-holder of authority contemplated under
Article
13
(f)
of b) Recruitment and Placement; Presumption. Where a fee is authority, may complain for estafa aside from illegal
theLaborCode: collected in
consideration
of a promise or offer of employment recruitment.
tot woormoreprospectiveworkers. b) Illegal recruitment and estafa cases may be filed
Provided that any such non-licensee or non-holder who, in any
manner, offers
or
promises for
a fee
employment abroad to
two
or c) Additionalelements simultaneously or separately. The filing of charges for illegal
more persons shall
be
deemed so engaged. It shall likewise include 1) For syndicated. — committed by three or more recruitment does not
bar
the filing
of estafa, and vice versa. An
accused’s acquittal in the illegal recruitment case does not
the prohibited practices, whether committed by any person, persons conspiring and confederating with one
provethatsheisnotguiltyofestafa.
whetheranon-licensee,non-holder,licenseeorholderofauthority. another.(P
eoplev.Hashim2012)
Illegal recruitment and estafa are entirely different offenses and
MeaningofLicenseandAuthority large scale. — committed against three or more
2) For
neither one necessarily includes or is
necessarily included in
persons, individually or as a group. (People v.
Authority refers to a document issued by the SOLE authorizing the the other.
A person who is convicted of illegal recruitment may,
Tuguinay2012)
officers, personnel, agents or representatives of a licensed in
addition, be
convicted of estafa under Article 315, paragraph
recruitment/manning agency to conduct recruitment and 2.Types 2(a)oftheRPC.
placement activities
in
a place stated in the license or in a specified Thereareatleastfourkindsofillegalrecruitmentunderthelaw. In the same manner, a person acquitted of
illegal
recruitment
place. may be held liable for estafa. Double jeopardy will not
set
in
1. One
is simple illegal recruitment committed by a licensee or
License refers to the document issued by the SOLE authorizing a because illegal recruitment is malum prohibitum, in which
holderofauthority.
person, partnership or corporation to operate a private there is no
necessity to prove criminal intent, whereas estafa is
2. Any person “who is neither a licensee nor a holder of malum in se, in the prosecution of which, proof of
criminal
recruitment/manningagency.
authority”commitsthesecondtypeofillegalrecruitment. intentisnecessary.(S yv.People2010)
Any
recruitment activities,
including
the
prohibited practices, to be
3. Large scale or Qualified. — The third type of illegal
undertaken by non-licensees or non-holders of authority shall be D.Liabilityoflocalrecruitmentagencyandforeign
recruitment refers to
offenders who
either
commit the
offense
deemedi llegal. alone
or
with
another person
against three
or
more
persons employer
Thecharacteristicsofarecruitmentlicenseare: individuallyorasagroup.
1.Solidaryliability
1) Itisplace-specific; 4. Syndicated —A syndicate or a group of three or more
persons conspiring and confederating with one another in The liability of the principal/employer and the
2) Itisperson-specific;and
carrying out the act circumscribed by the law commits the recruitment/placement agency for any and all claims under this
3) Itisprospective. fourthtypeofillegalrecruitmentbythelaw.(P eoplev.Sadiosa) sectionshallbej ointandseveral.
1.Elements Under RA 8042, the third and fourth types herein are This provision shall be incorporated in the contract for overseas
a) Essential Element. Presupposes deceit or consideredIllegalRecruitmentasEconomicSabotage. employmentandshallbeaconditionprecedentforitsapproval.
misrepresentation. The performance bond to be filed
by
the
recruitment/placement
1) Withoutbeingdulyauthorized; agency, as provided by law, shall be answerable for all money
claims or damages that may be awarded to the workers. If the
2) Gave distinct
impression
that
he
had
power
or
ability
1 recruitment/placement agency is a juridical being, the corporate
todeployworkers; eoplev.Goce,GRNo113161,August29,1995
P
2
D
arvinv.CAandPeople,GRNo125044,July13,1998 officers and directors and partners as the case may be, shall
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 8of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
themselves be jointly
and
solidarily
liable
with
the
corporation
or a. Pre-termination of employment contract with approval i) Where the
SOJ specifically authorizes the employment
partnershipfortheaforesaidclaimsanddamages. ofemployer; offoreigntechnicalpersonnel,or
Such liabilities shall continue during the entire period or b. Dischargeforavalidcause; ii) Where the
aliens
are
elected
members of
the
board
of
duration of
the
employment contract and shall not be affected directors or governing body of corporations or
c. Sufferedinjuryorillness;or
by any substitution, amendment or modification made locally associations in proportion to their allowable
orinaforeigncountryofthesaidcontract.(S ec10,RA8042) d. AnOFWhasdied. participationinthecapitalofsuchentities.
In Sto. Tomas, et al. v. Salac 2012 En Banc, however, the Court SkippersUnitedPacificInc.v.Doza2012 d) Omnibus Investment Code. EO No 226. Enterprises registered
clarified that
liability may be
imputed on the
corporate
officers or under the OIC may, for a limited period, employ foreign
The OFW can pre terminate his employment contract which is akin to
directors only if it
is
proved that
they
arepersonally
involved in nationalsintechnical,supervisory,oradvisorypositions.
resignation. However, if the employer failed to submit substantial
thewrongfulactso fthecompany.
evidence that indeed the OFW voluntarily pre-terminated his e) The latest department order issued about employment of
The liability of corporate directors and officers is
not
automatic. contract;thentheOFWisdeemedillegallydismissed. foreignworkersisD ONo146-15,datedAugust20,2015.
To make them jointly and solidarily liable with their company,
Thebestproofofpre-terminationisaw
rittenresignation. EffectofLackofWorkPermit
there must be a finding that they were remiss in directing the affairs
of that company, such as sponsoring or tolerating the conduct of
A
foreign
national working in PH without the requisite employment
illegalactivities. F.Employmentofnon-residentaliens permit may file with the
NLRC an
illegal dismissal complaint. The
dismissal may be
declared invalid and she may be recognized as an
2.Theoryofimputedknowledge EmploymentofAliens employee but she cannot be awarded claim for monetary
SunaceInternationalManagementServices,Inc.v.NLRC a) Only non-resident aliens are required to secure employment benefits. To do so will sanction the violation of PH labor laws
permit. For
resident
aliens and immigrants, what is required is requiringalienstosecureworkpermitsbeforetheiremployment.7
The theory of imputed knowledge ascribes the knowledge of the
agent TO the principal, not the other way around. The knowledge of anAlienEmploymentRegistrationCertificate(AERC). 1. AlienEmploymentPermit
the principal-foreign employer cannot, therefore, be imputed to its b) Anti-Dummy Law. CA No 108, as amended by PD No 715 Revised Rules for Issuance of Employment Permits to Foreign
agent. prohibits employment of
aliens
in
entities
that
own or control Nationals, DOLE D.O. No. 186, S. 2017 (see former D0 No. 146-15,
a right, franchise, privilege, property or business whose S.2015)
exercise or
enjoyment is reserved by law only to Filipinos or to
E.Terminationofcontractofmigrantworker Coverage. — All
foreign
nationals
who
intend
to
engage
in
gainful
corporations or associations whose capital should be at
least
employmentinthePhilippinesshallapplyforAEP.
1. In case of termination of overseas employment without just, 60%Filipino-owned,suchas:
Exemption. — The following categories of foreign nationals are
valid or
authorized cause as
defined by law or contract, or any i) Publicutility;
exemptfromsecuringanemploymentpermit:
unauthorized deductions from the
migrant worker's salary, the
ii) Develop,exploit,andutilizenaturalresources;
worker shall be entitled to the full reimbursement of his a. All members of the diplomatic service and foreign
placement fee and
the
deductions made with interest at twelve iii) Financingcompanies;4 government officials accredited by and with reciprocity
percent (12%) per annum, plus his salaries for
the
unexpired iv) Mediaenterprises5. arrangementwiththePhilippinegovernment;
portion of
his employment contract or for three (3) months for c) Exceptions. The
Secretary
of
Justice
rendered
an Opinion 6that b. Officers
and
staff of international organizations of which the
everyyearoftheunexpiredterm,whicheverisless3.(Sec10) aliensmaybeemployedinnationalizedactivities: Philippine government is a member, and their legitimate
2. Termination of employment of OFWs takes place in the spousesdesiringtoworkinthePhilippines;
followinginstances:
4
R
ANo5980
5
Sec11ArtXVI.1987Constitution.Whollyownedormanaged.
3
Declaredunconstitutional. 6
OpinionNo143s.1976oftheSOJ 7
W
PPMarketing,etal.v.Galera,G
RNo169207,March25,2010
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c. Owners and representatives of foreign principals whose e. All other intra-corporate transferees not within these categories ii.Nightshiftdifferential
companies are accredited by the POEA, who come to the as defined above are required to secure an AEP prior
to
their iii.Overtimework
Philippines employmentinthePhilippines.
c.Non-compensablehours;whencompensable
i. foralimitedperiodand f. Contractual service supplier who is a manager, executive
2.Restperiods
ii. solely for the purpose of interviewing Filipino or specialist and an employee of a foreign service supplier
whichhasnocommercialpresenceinthePhilippines: 3.ServiceCharge
applicantsforemploymentabroad;
i. who enters the Philippines temporarily to supply a B.Wages
d. Foreign nationals who come to the Philippines to teach, present
and/or conduct research studies in universities and colleges as service pursuant to a contract between his/her 1.Definition,components,andexclusions
visiting, exchange or adjunct professors under formal employerandaserviceconsumerinthePhilippines;
a.Wagevs.salary
agreements between the universities or colleges in the ii. must possess the appropriate educational and
b.Distinguish:facilitiesandsupplements
Philippines and
foreign universities or colleges; or between the professionalqualifications;and
Philippine government and foreign government: provided that c.Bonus,13thmonthpay
iii. must be employed by
the
foreign service supplier
for
theexemptionisonareciprocalbasis; at
least
one
year
prior
to the supply of service in the d.Holidaypay
e. Permanent resident foreign nationals and probationary Philippines. 2.Principles
ortemporaryresidentvisaholders; g. Representative of the Foreign Principal/Employer assigned in a.Nowork,nopay
f. Refugees and Stateless Persons
recognized by DOJ pursuant the Office
of
Licensed Manning Agency
(OLMA)
in
accordance
to Article 17 of the UN Convention and Protocol Relating to withthePOEAlaw,rulesandregulations. b.Equalpayforequalwork
statusofRefugeesandStatelessPersons;and 2. WorkingPermits&Visas c.Fairwageforfairwork
g. Allforeignnationalsgrantedexemptionbylaw. See DOLE, DOJ, BI
and
BIR
Joint
Guidelines No.
01,
S.
2019 d.Non-diminutionofbenefits
Exclusion. — The following categories of foreign nationals are (Guidelines on Issuance of Work and Employment Permit to 3.Minimumwage
excludedfromsecuringanemploymentpermit: ForeignNationals);
a.Paymentbyhoursworked
a. Members of the governing board with voting rights only and also BI BID Operations Order JHM-2019-008 (Implementing
b.Paymentbyresults
do
not intervene in the management of the corporation or in the RulesonSWPandPPW),and
daytodayoperationoftheenterprise. 4.Paymentofwages
BI BID Operations Order JHM-2019-009 (TIN in Visa and
b. President and Treasurer, who are part-owner of the PermitApplications) 5.Prohibitionsregardingwages
company. 6.Wagedetermination
c. Those providing consultancy services who do not have III.LABORSTANDARDS a.Wageorder
employersinthePhilippines.
b.Wagedistortion
d. Intra-corporatetransferee A.Conditionsofemployment
C.Leaves
i. who is a manager, executive or specialist in 1.Hoursofwork
accordancewithTradeAgreementsand 1.LaborCode
a. Principles
in
determining
hours
worked
and
employees
ii. an employee of the foreign service supplier for at a.Serviceincentiveleave
exemptedornotcovered
least one (1) year continuous employment prior to 2.Speciallaws
deployment to a branch, subsidiary, affiliate or b.CompensableTime
a.Parentalleaveforsoloparents
representativeofficeinthePhilippines. i.Normalhoursofwork
BasedontheLecturesofA
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b.Expandedmaternityleave E.Workingconditionsforspecialgroupsofemployees d.Facilitiesforwomen
c.Paternityleave 1.Apprenticesandlearners e.Womenworkinginnightclubs,etc.
d.Gynecologicalleave 2.Disabledworkers 4.Minors
e.Batteredwomanleave a.Equalopportunity 5.Kasambahays
D.Sexualharassmentintheworkenvironment b.Discriminationonemployment 6.Homeworkers
1.Definition c.Incentivesforemployers 7.Soloparents
2.Dutiesandliabilitiesofemployers 3.Gender 8.Nightworkers
3.Applicablelaws a.Discrimination 9.Migrantworkers
a.SexualHarassmentAct b.Stipulationagainstmarriage 10.Securityguards
b.SafeSpacesAct c.Prohibitedacts
SummaryofMinimumLaborStandardsBenefits
Name Source Benefit Requirementforavailment Exception Notes
■ 125%ofBHRonORDINARYdays; OTPayr eferstoadditionalcompensationforwork
OvertimeWork- Workrenderedafterthe Employeesnotcoveredunder
OvertimePay Art87 ■ 130%ofBHRonRestDays,Specialand performedb eyondthe8normalhoursofwork
normal8hoursofwork. Art82
RegularHolidays onanygivenday.
■ 130%ofregularpayforworkdoneduring
Premiumpayreferstoadditionalcompensation
specialholidayorrestday; Workingonaspecialholidayora Art82+thoseofretailand
PremiumPay Art93 requiredbylawforworkperformedw
ithinthe8
■ 150%ofregularpayforworkdoneona scheduledr estday. servicewithlessthan10EEs
normalhoursofworkonnon-workingdays.
restdayfallingonaholiday.
Rendereda tleast1years ervice; Art82+alreadyenjoying
ServiceIncentiveLeave Art95 ■ Fivedaysleavewithpay benefit;VLwithpayofatleast5 Commutabletocashifnotused.
Parttimeworkersmaybenefit. days;l essthan10EEs
Jan1,MaundyThursday,GoodFriday,EidulFitr,
■ 100%ofregularpayevenifunworked; Maybeavailedofregardlessofwhether Art82+thoseofretailand EidulAdha,Apr9,May1,Jun12,NationalHeroes
HolidayPay Art94
■ 200%ifworked workedorunworked. servicewithlessthan10EEs Day,Nov1,Nov30,Dec25,Dec30,Dec31,
ElectionDay
Art82+thoseofretailand
Employeesworkingbetween1
0PM-6
Night-shiftDifferential Art86 ■ 110%ofBHR serviceofNOTmorethan5 Notwaivable,foundedonp
ublicpolicy
AMofthenextday
EEs.
Art96, Employeesworkinginestablishments
Servicechargesarenotinthenatureofprofitshare
ServiceCharges BookIII ■ 100%r ank-and-file collectingservicecharges,i.e.hotels, Art82
and,therefore,cannotbedeductedfromwage.
RuleVI clubs,bars,casinos,restaurants
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 11of122
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1. Formulatepolicies; Here, the employer’s control is over the
result
of
the
A.Conditionsofemployment work. Workers on pakyao and takay basis belong to
2. Executemanagementpolicies;
thisgroup.
1.Hoursofwork 3. Imposedisciplinaryactions
Both classes of workers are paid per unit accomplished.
a.Principlesindetermininghoursworkedandemployees
Reason for
exclusion
Not
usually
employed
by the hour, but by
Piece-rate payment is generally practiced in
garment factories
exemptedornotcovered theirspecialtraining,experienceorknowledge. where work is
done in
the
company premises, while
payment
Principles in determining hours worked. — The following general c) Fieldpersonnel on pakyao and takay basis is commonly observed in the
principles shall govern in determining whether the time spent by an Ifthey: agricultural industry, such as in sugar plantations where the
employeeisconsideredhoursworkedforpurposesofthisRule: work is performed in bulk
or
in
volumes difficult
to
quantify.
a) Regularly perform duties away from the principal or
(Lambov.NLRC)
a) All hours are hours worked which the employee is required to branchofficeorplaceofbusinessofemployer;a nd
give his employer, regardless of whether or not such hours 2. In order to conclude
whether an
employee is
a field employee,
b) Whose actual hours of work in the field cannot be
are spent in productive labor or involve physical or mental it is also necessary to
ascertain
if
actual
hours of
work
in
the
determinedwithreasonablecertainty. field can be determined with reasonable certainty by the
exertion.
d) Membersofthefamilyofemployerwhoaredependent employer. The driver, the complainant herein, was therefore
b) An employee need not leave the premises of
the
workplace in
uponhimforsupport under constant supervision while in the performance of this
order that
his
rest
period shall not be
counted, it being enough
Employerhasalreadytakencareoftheemployee’ssustenance. work. He cannot be considered a field personnel. (Auto Bus
that he stops
working, may rest completely and may leave
his
TransportSystemv.Bautista)
work place, to go elsewhere, whether within or outside the e) Domestichelpers—coveredinKasambahayLaw;
premisesofhisworkplace. 3. The petitioners, as bus drivers and/or conductors, are left
f) Personsinthepersonalserviceofanother
alone in
the
field
with the
duty to
comply with the
conditions
c) If the work performed was necessary, or it benefited the
Alreadyprovidedwithlivingquarters;natureofwork;plus of
the
respondents’ franchise, as well as to take proper care and
employer, or the employee could not abandon his
work at
theyarenotemployedinabusinessundertaking. custody of the bus they are using. Since the respondents are
the end of his normal working hours because he had no
g) Workerspaidbyresultswhosetimeandperformanceare engaged in the public utility business, the petitioners, as bus
replacement, all time spent
for
such work
shall
be
considered
NOTsupervised drivers and/or conductors, should be considered as regular
as hours worked, if
the
work
was with
the knowledge of
his
employees of the respondents because they perform tasks
employerorimmediatesupervisor. Piecerateorjobortaskbased.
which are directly and necessarily connected with the
d) The time during which an employee is inactive by reason of KeyJurisprudence respondents’business.
interruptions in his work beyond his control shall be
1. Therearetwocategoriesofemployeespaidbyresults: Thus, they are consequently entitled to the benefits accorded to
consideredworkingtimeeither
a. those
whose time and performance are supervised by regular employees of the
respondents, including overtime pay
i) if the imminence of the
resumption
of
work
requires andSILpay.(D ascov.Philtranco2016)
theemployer.
theemployee'spresenceattheplaceofworkor
Here, there is an element of control and supervision 4. If
required to be at specific places at specific times, employees,
ii) if
the
interval
is
too
brief
to be utilized effectively and including drivers, cannot be
said
to be
field
personnel despite
over the manner as to how the work is to be
gainfullyintheemployee'sowninterest. the fact
that
they are
performing work away from the principal
performed. A piece-rate worker belongs to this
EmployeesNOTCovered category especially if he performs his work in the officeoftheemployer.(D utertev.KingswoodTrading)
a) Governmentemployees companypremises.
b) ManagerialEEs b. those whose time and performance are
unsupervised.
Meetthefollowingconditions:
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b.CompensableT ime 3. RA10361 4. Work is necessary to prevent loss or damage of
a. Domestic worker entitled daily to at least 8 hours perishablegoods;
i.Normalhoursofwork
aggregaterestperday. 5. Completion or continuation of work started before
The normal hours of work of any employee shall not exceed eight
b. Entitled to
at
least
24
consecutive
hours
of
rest
in
a the 8th
hour
necessary to
prevent
serious
obstruction
(8)hoursaday.Itincludes
week. orprejudicetothebusiness;and
1. HoursworkedunderArt84
ForH
ealthpersonnelin 6. Necessarytoavailoff avorableweatherc onditions.
a. All
time
during
which
EE
is required to be on duty or to be
a. Citiesandmunicipalitieswithatleast1Mpopulation;or Day is
understood to be the 24 hour period counted from the time
ataprescribedworkplace;
theemployeeregularlystartstowork.
b. All
the
time
during
which
an
EE is suffered or permitted b. Hospitalswithatleast100bedcapacity,
Broken hours of work occurs when an employee need not
towork; Regular office hours for 8 hours a day, 5 days a week, except
completethe8normalhoursofworkcontinuously.
2. Restperiodsofshortinterval(5-20minutes) where exigencies of
service require
such personnel to
work on
the
Under Art 88 and jurisprudence, undertime is strictly not
6thday,inwhichcaseheisentitledtothe3 0%premiumpay.
3. Mealperiodoflessthan20minutes; offsetbyovertime.
★ see DOLE D.O. No. 182 s. 2017 (Guidelines governing the
4. Reasonable time to withdraw
wages
from
bank
or
ATM,
or
by The rendition of
overtime work
and the
submission of
sufficient
employment and Working Conditions of Health Personnel in
check. proof that
said
work was
actually
performed are conditions to be
thePrivateHealthcareIndustry)
Attendanceduringseminarsn
otcompensableif: satisfied before a seaman could be entitled to overtime pay.
ii.Nightshiftdifferential
(Cagampanv.NLRC;S tolt-NielsenMarineServicesv.NLRC)
1. OutsideEE’sregularworkinghours;
Night Shift Differential (NSD) refers to the additional RobinaFarmsCebuv.Villa2016
2. EEisnotworkproductive;a
nd compensation of ten percent (10%) of an employee’s regular
wageforeachhourofworkperformedbetween10p.m.and6a.m. Firstly, entitlement to overtime pay must first be established by
3. Voluntary.
proof that the overtime work was actually performed before the
Normal Hours
of work may be reduced from 8 hours, provided no ■ 110%ofBasicHourlyRate;
employee may properly claim the benefit. The burden of proving
corresponding reduction is
made
on
EE’s wage or salary equivalent ■ Employeesworkingbetween1
0PM-6AMofthenextday; entitlement to overtime pay rests on the employee because the
toan8-hourworkday. benefitisnotincurredinthenormalcourseofbusiness.
■ NOTwaivable,foundedonpublicpolicy.
OtherHoursofWork And, secondly, the NLRC's reliance
on the
daily
time
records
(DTRs)
iii.Overtimework
1. RA9231 showing that Villa had stayed in the company's premises beyond
GR: o
N employee
may
be
compelled
to render OT against his
eight hours was misplaced. The DTRs did not substantially prove the
a. Children below 15: 20H/W, 4H/D, not allowed will
actual performance of
overtime work. The petitioner correctly points
between8pmto6amofnextday; EXC: Art89 out that any employee could render
overtime work
only when
there
b. Children 15-18: 40H/W, 8H/D, not allowed between was a prior authorization therefor by the management. Without the
1. Country
is
at war or there is a declared national or local
10pmto6amthenextday. prior authorization, therefore, Villa could not validly claim having
emergency;
2. CHEDMemoCircular40-08 performedworkbeyondthenormalhoursofwork.
2. OT is necessary to prevent loss of life or property or in
a. Teachingloadinexcessofnormalload=Overload. case of imminent danger to public safety due to (a)Compressedworkweek
b. Overload = honorarium if performed within 8-hour calamities;
★ Normalworkweek—6consecutivedays,48hoursperweek;
normalworkperiod. 3. There is urgent work to be performed on machineries in
★ Compressed — less than
6 days,
but
may not exceed 12 hours
c. Overloadbeyondthenormalworkperiod=Overtime. ordertoavoidseriouslossordamagetotheemployer;
per day. It is an alternative arrangement whereby the normal
BasedontheLecturesofA
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workweek is reduced
to
less
than
6
days
but
the
total
number IlawatBuklodngManggagawav.NLRC ii.Powerinterruptionsorbrownouts
of normal work hours per week remains at 48. Thus, the
The work schedule (with "built-in overtime") had not
been forced a. Ifnotexceeding20minutes,compensable;
workweekmaybecompressedonlyupto4 days.
upon the workers; it had been agreed upon between SMC and its b. Ifmorethan20minutes,notcompensableif:
★ CWW results
from
an
express
voluntary
agreement of majority
workers at the Polo
Plant and
indeed, had been religiously followed
of the covered employees or their duly authorized i. Employeescanleave;or
with mutually beneficial results for
the past
five (5)
years.
Hence, it
representatives. ii. Employeescanusetimeeffectivelyfortheirowninterest.
could not be considered a matter of such great prejudice to the
★ Athree-dayworkweekisillegal. workers as to give rise to a controversy between them and c. In each case, employer may extend normal working hours to
Illegal compressed workweek when work days were reduced management. makeupforlosttime.
from 6 to
3 days a week,
resulting to
illegal
reduction
of work Furthermore, the workers never asked, nor were there ever any iii.Traveltime
hours, as there was no adequate proof of losses. Financial negotiations at their instance, for a change in that work schedule
a) Home-to-work-work-to-home travel — not considered as
losses must be
shown before a company can validly opt to prior to the strike. What really bothered them, and was in fact the
hoursworkedbecauseitisanormalincidentofemployment.
reduce the work hours of its employees. (Linton Commercial subject of talks between their representatives and management, was
v.Hellera) the“wagedistortion”question. b) Considered as hours worked — if required to deviate
from
hisnormalhome-to-work-work-to-hometravel.
★ Waiving of OT in CWW is valid. D.O. No. 21 sanctions the The Court
is
in substantial agreement with the petitioner's concept of
waiver
of
overtime pay in consideration of the benefits that the a slowdown as a "strike on the installment plan;" as a wilful iv.Waitingtime
employees will derive from the adoption of a compressed reduction in the rate
of
work by concerted
action of
workers for
the Waiting Time spent by an employee shall be considered as
workweekscheme.(B isigngManggagawasaTrycov.NLRC) purpose of restricting the output of the employer, in relation to a workingtimeif
★ SeeDOLEDANo.2s.2004 labor dispute; as an activity by which
workers, without a complete a. itisintegraltohisworkand
stoppage of work, retard production or their performance of duties
(b)Built-inovertime and functions to compel management to grant their demands. The b. thattheemployeeisrequiredbytheemployertowait.
EngineeringEquipmentInc.v.MinisterofLabor Court also agrees that such a slowdown is generally condemned as An on-call
employee is
considered working if, while required to be
inherentlyillicitandunjustifiable. in the employer’s premises or so close
thereto, he
cannot
use
the
Aspera was a managerial employee exercising supervision and
timeeffectivelyorgainfullyforhisownpurpose.
control over its rank-and-file employees with power to
recommend
c.Non-compensablehours;whencompensable
disciplinary action or their dismissal. Section
82
of
the
Labor
Code 2.Restperiods
providesthatmanagerialemployeesarenotentitledtoovertimepay. i.Mealbreak
Employees working
for
6 consecutive days are entitled to a rest day
Aspera was one of several employees who signed written
contracts ★ Atleastone-hourofnon-compensablemealperiod. ofatleast24consecutivehours.
with
a "built-in"
overtime pay
in
the
ten-hour working day and that ★ May be shortened (Book III Rule 1 Sec 7) to at most, 20 GR: Employerschedulesemployee’srestday.
their basic monthly pay was adjusted to reflect the higher amount minutesprovided:
covering the guaranteed two-hour extra time whether worked or EXC: Employeepreferencebasedonr eligiousground;
a. Workisnon-manual;
unworked. EE must make known his
preference
7 days
before
initial
b. Establishment regularly operates not less than 16
Thus, the Acting Minister of Labor and Director De la Cruz committed restday.
hoursaday;
a grave abuse of discretion amounting to lack of jurisdiction in EXCtotheEXC:
awarding overtime pay
and
in
disregarding a contract that De la Cruz c. In cases of actual or
impending
emergencies
or
there
When
it
will
cause
serious
obstruction or
prejudice
to
the
himself, who is supposed to know the Eight-Hour Labor Law, had isurgentworktobeperformedonmachineries;and
employer, employer shall schedule the rest day of
previously sealed
with his
imprimatur. Because of
that approval, the d. Work is necessary to prevent serious loss of
employee’schoicea tleast2daysinamonth.
petitioneractedingoodfaithinenforcingthecontract. perishablegoods.
GR: Employercannotcompelemployeetoworkonarestday.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 14of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
EXC: UnderArt92andBookIIIRuleIIISec6: employees, including those
already receiving the benefit of sharing e. Othermonetarybenefits.
intheservicecharges.
a. In case of actual or impending emergencies due to a.Wagevs.salary
Covered employees refer to all employees, except managerial
calamities, or
in
case
of
force majeure or imminent danger
employees,underthedirectemployofthecoveredestablishment. Wage Salary
topublicsafety;
b. Urgent work needs to be performed on machineries to Compensation paid for manual Compensation for higher or
B.Wages
avoidseriousloss; skilledorunskilledlabor superiorlevelofemployment
c. Abnormalpressureofworkduetospecialcircumstance; 1.Definition,components,andexclusions
Compensationforlabor Relatestoapositionoroffice
d. Preventseriouslossofperishablegoods; Art97(f).W
agep
aidtoanemployeeshallmean
Shall not be subject to execution, NOTexempt
e. Nature
of
work
requires
7 days
continuous work, i.e. crew 1. theremunerationo
rearnings,howeverdesignated, attachment or garnishment except
membersinvessels; 2. capable of being expressed in terms of money, whether for debts incurred for food, shelter,
f. Work is necessary to avail of favorable weather fixedorascertainedona clothingandmedicalattendance.
conditions. a. time, Both words refer to one and the same meaning,
that
is,
reward
of
NOrestdayfor b. task, recompenseforservicesperformed.
a. Employeesexcludedfromlaborstandards(Art.82) c. piece,or b.Distinguish:facilitiesandsupplements
Union members who are supervisory employees d. commissionbasis,or Facilities Supplements
considered as officers and members of the managerial staff
e. othermethodofcalculatingthesame,
are exempt from the
coverage of
Article
82.
Perforce,
they Necessaryexpensesoflaborerand Extrabenefitorspecial
are not entitled to overtime, rest day and holiday. 3. which is payable by an employer to an employee under a hisfamily privilege
(NationalSugarRefineriesv.NLRC) writtenorunwrittencontractofemployment
(PurposeTest)
b. Shift engineer, no
right
to
overtime and premium pay as he a. forworkdoneortobedone,or ForthebenefitofEmployee ForthebenefitofEmployer
is an
officer
or
member of
managerial
staff
(Peñaranda v. b. forservicesrenderedortoberendered
BagangaPlywood) PartofWage IndependentofWage
4. and
includes the
fair
and reasonable value of board, lodging, or
3.ServiceCharge other facilities customarily furnished by the employer to
the Deductiblefromwage Notdeductiblefromwage
★ asamendedbyR ANo.11360,effectiveonSeptember4,2019 employee. Facilities
perDOLELaborAdvisoryNo.10,S.2020,ClarifyingDateof "Fair
and
reasonable value" shall
not
include any
profit
to Are items of expenses necessary for
the
laborer’s
and his
family’s
Effectivity; theemployer,ortoanypersonaffiliatedwiththeemployer. existence and subsistence so that
by
express provision of law, they
★ seeDOLED.O.No.206,S.2019,publishedonNovember26, Basic Wage. — All the remuneration or earnings paid by an form part of the wage and when furnished by the employer are
2019 employer to a worker for services rendered on normal working deductibletherefrom.
★ seeDOLELaborAdvisoryNo.14,S.2019,datedDecember daysandhoursb utdoesnotinclude: They shall
not include tools
of
the
trade
or
articles primarily for
26,2019,DistributionofCollectedServiceChargesinrelation a. COLA; the benefit of the employer or necessary to the conduct of the
toNon-DiminutionofBenefits employer’sbusiness.
b. Profitsharingpayments;
All service charges actually collected by covered establishments RequisitesforDeductibility:
c. Premiumpay;
shall be distributed COMPLETELY and EQUALLY, based on actual 1. Mustbecustomarilyfurnishedbytheemployer;
hours or days of work or service rendered among the covered d. 13thmonthpay;or
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 15of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
2. Mustbechargedataf airandreasonablevalue;and 4. Sharesofcapitalstockofemployee; such
bonuses closely
resemble profit-sharing payments and have no
3. Must be voluntarily accepted by the employee in 5. Paidvacation,sickandmaternityleaves;and clear direct or necessary relation to the amount of work actually
writing. done by
each individual employee. Further, commissions paid by the
6. Toolsofthetradeorarticlesorservices.
Boie-Takeda Company to its medical representatives could not
have
Itshallinclude:
c.Bonus,13thmonthpay been sales commissions in the same sense that Philippine
1. Meals—mustbenutritionallyadequate; Duplicators paid the salesmen their sales commissions. Medical
13thmonthpay
★ Atleast30%ofactualcosttobesubsidizedbyER. representatives are not salesmen; they do not
effect
any sale
of
any
★ Resignedorseparatedemployeestobepaidprorata; articleatall.
2. Housingfordwellingpurposes;
★ Non-paymentshallbetreatedasm
oneyclaims. Sales commissions which are effectively an integral portion of
The total
yearly
expenses of
the
ER comprising of 5.5% of
★ Employees paid a fixed or guaranteed wage plus the
basic salary structure of
an employee, shall be
included in
the depreciated amount + the cost of operation and
commission are entitled based on their
total
earnings
for
the determining the retirement pay. In
fine,
the commissions which
maintenance + payment of electric and water bills are
calendaryear. petitioner received were not
part
of his salary structure but
were
deducted from the total cost of expenses incurred in the
★ Basic salary means not the amount actually received by an profit-sharing payments and had no clear, direct or necessary
constructionoracquisitionofthehousingfacility.
relation to
the
amount of
work he actually performed. The collection
employee, but
1/12 of their standard monthly wage multiplied
3. Fuel including electricity, water, gas furnished for the made by the salesmen from the sale transactions was the profit of
bytheirlengthofservicewithinagivencalendaryear.
non-commercialpersonaluseoftheEE; private respondent from which petitioner had a share in the form of a
R&ETransportv.Latag commission.
4. Transportation from house to work
where
travel
time
is
non-compensablehoursofwork; Since
Pedro was
paid
according
to
the "boundary" system, he is not
LetranCalambaFaculty&EmployeesAssociationv.NLRC
5. School,recreationandsanitation; entitled to
the
13th
month and
the service
incentive
pay; hence, his
retirementpayshouldbecomputedonthesolebasisofhissalary. ON OVERLOAD PAY. Overload pay should be excluded from the
6. Medicalanddentalservices;
computationofthe13th-monthpay.
7. Others. Reyesv.NLRC
In the same manner that payment for overtime work and work
Meals and
lodging provided to employees in order to maintain their ON COMMISSIONS. The Court thus clarified that in Philippine performed during special holidays is considered as additional
efficiency and
health while working at their respective project sites, Duplicators, the salesmen’s commissions, comprising a compensation apart
and
distinct from an
employee's regular wage or
are supplements, and not facilities (SLL International Cable predetermined percentage of the selling price of the goods sold by basic salary, an overload pay, owing to its very nature and definition,
Specialistsv.NLRC2 011) each salesman, were properly included in
the term basic salary may not be considered as part of a teacher's regular
or
basic salary,
for purposes of computing the 13th month pay. The salesmen’s because it is being paid for
additional work
performed in
excess of
Supplements
commission are not overtime payments, nor profit-sharing payments theregularteachingload.
Constitute extra remuneration or special privileges or benefits nor any other fringe benefit, but a portion of the salary structure
given
to
or
received by
the
laborers over and above their ordinary Moreover, petitioner failed to refute private
respondent's contention
which represents an automatic increment to the monetary value
earningsorwages.I ncludes: that excess teaching load is paid by the hour, while the regular
initiallyassignedtoeachunitofworkrenderedbyasalesman.
teaching load is being paid on a monthly basis; and that the
1. Emergency medical and dental services by virtue of Contrarily, in Boie-Takeda, the so-called commissions paid to or assignment of overload is subject to the availability of teaching loads.
requirementsbytheLC; received by medical representatives or by the rank and file This only goes to show that overload pay is not integrated with a
2. Cost, rental and/or laundry of uniforms which are employees, were excluded
from
the
term basic salary because these teacher's basic
salary for his or her regular teaching load. In addition,
required; were paid to the medical representatives and rank-and-file employees overload varies from one semester to another, as it is dependent upon
as productivity bonuses, which are generally tied to the the availability of extra teaching loads. As such, it is not legally
3. Transportation charges where such is in incident to or
productivity, or capacity for revenue production, of a corporation and feasible to consider payments for such overload as part of a teacher's
necessarytotheemployment;
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 16of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
regular or basic
salary.
Verily,
overload
pay
may
not
be
included 2. Ifworked=3
00%; SDonRD x1.5 x1.65 x1.95 x2.145
asbasisfordeterminingateacher's13th-monthpay. 3. Iffallsonarestday=3
90%
Regular
Flexi-holiday Schedule — employee agrees to avail of holidays at x2 x2.2 x2.6 x2.86
d.Holidaypay Holiday(RH)
some other days provided
there
is
no
diminution of
existing benefits
Holiday pay refers to the payment of the regular daily wage for resultingtherefrom. RHonRD x2.6 x2.86 x3.38 x3.718
anyunworkedregularholiday.
Supervisedworkerspaidbyresultsaree
ntitledtoholidaypay. DoubleHoliday
Effectofa
bsences: x3 x3.3 x3.9 x4.29
SanMiguelCorpv.CA (DH)
1. Onleavewithpay=e
ntitled;
Considering that all private corporations, offices, agencies, and DHonRD x3.9 x4.29 x5.07 x5.577
2. Onleavewithoutpayonthedayimmediatelypreceding=n
ot entities or establishments operating within the designated Muslim
entitled,unlessw
orkedonregularholiday; provinces and cities are required
to
observe
Muslim holidays,
both 2.Principles
Muslim and Christians working within the Muslim areas may not
3. OnleavewhileonSSSorECbenefits=e
ntitled. a.Nowork,nopay
reportforworkonthedaysdesignatedbylawasMuslimholidays.
4. Ifdayprecedingholidayisnonworkingday=e
ntitledif GR: Iftheworkerdoesnotwork,heearnsnopay.
workedthedayimmediatelyprecedingthenonworkingday. AsianTransmissionCorpv.CA
EX: Workerisstillentitledtobepaidif:
Effectofb
usinessclosure: Holiday pay is a legislated benefit enacted as part of the
Constitutional imperative that the State shall afford protection to a. Employer unduly
prevented him
from working despite his
1. Incaseoftemporaryshutdown=e
ntitled; ableness,willingnessandreadiness;
labor.
Its purpose is not merely "to prevent diminution of the monthly
2. IfcessationduetobusinessreversesasauthorizedbySOLE= income of the workers on account of work interruptions. In other b. He is legally locked out or illegally suspended or
notentitled. words, although the worker is
forced to
take a rest,
he
earns
what he dismissed;
Holidaypayofcertainemployees: should earn, that
is,
his
holiday pay."
It
is
also intended to enable the c. Heisillegallypreventedfromworking.
worker to
participate in the national celebrations held during the days
1. Privateschoolteachers:d uringsemestralvacations=n
ot In Odango v. NLRC, SC held that no work no pay also applies to
identifiedaswithgreathistoricalandculturalsignificance.
entitled;Christmasbreaks=e
ntitled. monthly-paidworkers,ifabsentwithoutpay.
2. Paid by results or output = entitled to not less than the Since a worker is
entitled
to
the
enjoyment of
ten
paid
regular
holidays, the
fact that
two
holidays fall on the same date should b.Equalpayforequalwork
average of daily earnings of last 7 days actually worked
preceding the holiday, provided it is not less than the not operate to reduce to nine the ten holiday pay benefits a InternationalSchoolAllianceofEducatorsv.Quisumbing
statutoryminimumwage. workerisentitledtoreceive.
Persons who work with substantially equal qualifications, skill,
3. Seasonalworkers:duringoff-season=notentitled. ComputationGuide effort and responsibility, under similar conditions, should be paid
similar salaries. This rule applies to the School, its "international
4. Workerswithnoregularworkingdays=entitled. w/oNight OTPay character"notwithstanding.
w/NS= OTPay
SuccessiveHolidayRule: Workon Shift= w/NS=
w/oNS =BHR The School cannot invoke the need to entice foreign-hires to leave
Regular BHR
1. Not entitled for both holiday pays if absent on day preceding their domicile to rationalize the distinction in salary rates without
the first holiday, unless worked on first holiday, in which Ordinaryday x1 x1.1 x1.25 x1.375 violatingtheprincipleofequalworkforequalpay.
case,heisentitledh olidaypayforthe2nd. Receiving salaries less than their counterparts hired abroad, the
RestDay(RD) x1.3 x1.43 x1.3 x1.859
DoubleHolidayRule local-hires of private respondent School, mostly Filipinos, suffered
discrimination. That the local-hires are paid more than their
1. Ifunworked=2
00%; SpecialDay
x1.3 x1.43 x1.69 x1.859 colleagues
in other schools is,
of
course,
beside
the point. The point
(SD)
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 17of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
isthatemployeesshouldbegivenequalpayforworkofequalvalue. 3.Minimumwage c. Do
not
work
and not
considered
paid
on weekends or
restdays(261)
The minimum wage rates prescribed by law shall be the basic
c.Fairwageforfairwork Applicable Daily Rate (ADR) x 261
cash wages without deduction therefrom of whatever benefits, E EM R = 12 months
SameasNowork,nopay supplements or allowances which the employees enjoy free of
chargeasidefromthebasicpay. b.Paymentbyresults
d.Non-diminutionofbenefits
Regional Minimum Wage Rates. — The lowest basic wage rates Art
124. xxxx All
workers
paid by result, including those who are
Benefits given to employees cannot be taken back or reduced
that an employer can pay his workers, as fixed by the Regional paid on piecework, takay, pakyaw or task basis, shall receive not
unilaterally by
the employer because the benefit has become part of
Tripartite Wages and Productivity Boards (RTWPB) and which less than the prescribed wage rates per eight (8) hours of
work
a
theemploymentcontract.
shall not be lower than the applicable statutory minimum wage day,oraproportionthereofforworkinglessthaneight(8)hours.
Applicableifthefollowingconditionsaremet:
rates. OtherWageRates
a. The grant of the benefit is based on
an
expresspolicyor
★ IncludesCOLAasfixedbyRTWPB. ★ Of apprentices or learners shall be 75% of the
statutory
hasripenintop racticeoveralongperiodoftime;
★ Excludeso
therwage-relatedbenefits. minimumwage.
b. Practiceisc onsistentanddeliberate;
a.Paymentbyhoursworked ★ OfPWDs,100%oftheapplicableminimumwage.
c. It
is
not
due
to error in the construction or application of
Once an agreed period of work is completed, compensation is Pablicoetal.v.Cerro2019
a doubtful or difficult
question of
law
or
provision
in
the
CBA; earnedregardlessofresult. In order to be exempted under RA No. 6727 or the Wage
1. Daily-paid employees are paid on the days actually RationalizationAct,twoelementsmustconcur-
d. Thediminutionisdoneu
nilaterallybytheemployer.
worked except unworked regular holidays when they
are first, it must be shown that the establishment is regularly
Company practice is a custom or habit shown by
an employer’s
paid
their basic wage if they are present or a leave with pay employingnotmorethanten(10)workers,and
repeated, habitual
customary or
succession of
acts
of
similar
kind
ontheworkingdayprecedingtheregularholiday.
by
reason of
which,
it
gains the status of a company policy that can second, that the
establishment had
applied
for
and
was
granted
nolongerbedisturbedorwithdrawn. 2. Monthly-paid employees are paid every day of the exemption by the
appropriate Regional Board in accordance with
month,includingunworkeddays. theapplicablerulesandregulationsissuedbytheCommission.
KeyJurisprudence
EstimatedEquivalentMonthlyRate(EEMR) WONpetitionerisexemptfromtheMinimumWageLaw.
1. 13thmonthpay(1993DavaoFruits;2005HondaPhils)
Prorating the
13th & 14th month pay due to the period of strike
1. ForM
onthlyp
aid:(365) NO. As the petitioner failed to apply for an exemption, and it is
Applicable Daily Rate (ADR) x 365 undisputed that
the
respondents
are
MPRB's employees and are paid
is not valid, as it is contrary to company practice under the E EM R = 12 months less
than
the prescribed minimum wage,
the
petitioner's liability for
CBA. wagedifferentialcannotbedenied.
2. ForD
ailyp
aid:
2. OTPay,NOTabenefit. Although inconsequential, with the petitioner's liability already
a. Requiredtoworkeveryday(393.5)
The
overtime
pay
was not given consistently, deliberately and established, it is still useful to state that the first element is also
Applicable Daily Rate (ADR) x 393.5 wanting in the case at bar. Herein, the LA,
the
NLRC, and
the
CA all
unconditionally but as a compensation for additional E EM R = 12 months
found that the petitioner is employing more than ten (10)
services rendered (2007 Manila Jockey Club Employees
b. Do not work and not considered paid on
Sundays
or employees in his establishment. The petitioner counters the
LaborUnion-PTGWO)
restdays(313) foregoing conclusion, raising in evidence the affidavit issued
3. The
rule
on
company practice
is generally used with respect to collectivelybyitsguestrelationsofficers/waitresses.
Applicable Daily Rate (ADR) x 313
grant of additional benefits to employees, not to issues E EM R = 12 months
Employment status is not determined by contract or document.
involvingdiminutionofbenefits(2 011UniversityofEast) Neither
is
an
employee's avowal of
his
or
her
employment status —
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 18of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
as
regular, casual, contractual, seasonal — conclusive upon the Court. PlaceandMediumofPayment EXC:
To be sure, employment status is determined by the four-fold
test, a. Force majeure, in which case worker may be paid through
GR: Atornearplaceofundertaking;
and the attendant circumstances of each case, as supported by
any
anotherpersonunderwrittenauthorityforsuchpurpose;or
competentandrelevantevidence. EXC: (BookIIIRuleVIIISec4)
b. Worker has died, in
which
case,
paid
to
heirs
without
need
of
a. Deteriorationofpeaceandorder;
4.Paymentofwages intestateproceedings,onlya ffidavitofheirship.
b. Actualorimpendingemergenciesduetocalamities;
GR: Legal Tender (Art 102, LC; Art 1705 NCC) is that
currency TimeandFrequency
which has been made suitable by law for the purpose of a c. Employerprovidesfreetransportationbackandforth;and
(Art103;BookIIIRuleVIIISec3)
tenderofpaymentofdebts,i.e.coinsandnotesissuedbyBSP. d. Otheranalogouscircumstance,p
rovided
GR: At least every 2 weeks or twice a month at intervals not
Strictlynotallowed: Time
spent
collecting
wages
is
considered compensable hours
exceeding16days.
1. Promissorynotes; worked.
EXC:
2. Vouchers; e. Prohibited places: bar, club,
drinking establishment, similar
a. Forcemajeure.
places
where
games
are
played with
stakes of
money, except if
3. Coupons;
employeeemployedinsuchestablishment. ★ see also DOLE Labor Advisory No. 01, S. 2014 for
4. Tokens; ContractingArrangementTime&IntervalofPaymentofWages.
PaymentthruB
anksa llowed(RA6727)p
rovided
5. Tickets; 5.Prohibitionsregardingwages
a. Withwrittenpermissionofmajorityofemployees;
6. Chits; FromtheCivilCode
b. Inallprivateestablishmentsofa
tleast25EEs;
7. Anyotherobjectotherthanlegaltender
c. Locatedwithin1KMradiustoabank; Art1705.Thelaborer'swagesshallbepaidinlegalcurrency.
EvenwhenexpresslyrequestedbyEE.
d. WithintheperiodofpaymentofwagesfixedbytheLC. Art1706.Withholdingofthewages,exceptforadebtdue,shallnot
CriminalliabilityunderA
rt288—OthersimilarcoercionsoftheRPC. bemadebytheemployer.
PaymentthruA
TMallowed(DOLELaborAdvisorysof1996),p
rovided:
Exceptions(BookIIIRuleVIIISec2) a. Withwrittenconsentofemployeesconcerned; Art1707.Thelaborer'swagesshallbealienonthegoods
manufacturedortheworkdone.
1. BankCheck b. Given reasonable time to
withdraw
during
working
hours
and
Art1708.Thelaborer'swagesshallN
OTbesubjecttoexecution
2. MoneyOrder isconsideredcompensable;
orattachment,exceptf ordebtsincurredforfood,shelter,clothing
3. PostalChecks,provided c. WithinperiodofpaymentofwagesfixedbyLC;
andmedicalattendance.
a. Itiscustomarypracticeonthedateofeffectivity;or d. ThereisabankorATMwithin1KMradius; Art1709.Theemployershallneitherseizenorretainanytoolor
b. SostipulatedinCBA;andthefollowingaremet: e. Payslipbeprovided,uponrequest; otherarticlesbelongingtothelaborer.
c. Thereisabankwithin1KMradius; f. No additional expenses and diminution of benefits resulting
fromthescheme; OtherProhibitions
d. Employer or agents
do
not
receive
pecuniary
benefits
g. Employer shall assume responsibility in case the wage 1. Kickbacks - induce a worker to give up any part of his wages by
fromsucharrangement;
protection provisions
of
law
and
regulations
are
not
complied force,stealth,intimidation,threat;
e. Employee given reasonable time to withdraw and shall
withunderthearrangement. 2. Deductiontoensureemployment(Art117);
constitute
compensable hours if
done within
working
hours;and Payee(Art105) 3. Retaliateagainstanemployeewhohas
f. WithwrittenconsentoftheemployeeifwithoutCBA. GR: DirecttoEmployee; a. Filedanycomplaint,or
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 19of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
b. Institutedproceedings,or iii. Deduction is fair and reasonable and
should c. shelterand
c. Hastestifiedorisabouttotestifyinsaidproceedings; notexceedtheactuallossordamage;and d. medicalattendance;
by: iv. Does not exceed 20% of EE’s wages in a 11. Orderedbythecourt.
week.
1. Refusingtopaythewages;or 12. Under the PH Cooperative Act of 2008. RA 9520 - A
b. Cash Deposit — must not exceed one
month's basic
2. Reducingsuchwages;or member of a cooperative may execute an instrument in favor
salary of EE. May be deducted from wages in an of
the
cooperative authorizing his
employer to deduct from his
3. Discharginghimfromemployment;or amountnottoexceed20%ofEE’swagesinaweek. wages and
remit such to the cooperative to satisfy any incurred
4. Discriminateagainsthiminanymanner.(Art118) c. Refund — within 10 days from separation from debtorotherdemands.
4. Falsereporting(Art119) service. 13. DO No. 195, S. 2018, Amending Sec. 10, Rule VIII, Book
III,
With regard to the amount deducted daily by private IRR.
Non-interferenceinthedisposalofwages
respondent from petitioners for washing of the taxi units, we SECTION 10. Wages deduction. — Deductions from the
Art 112. No employer is allowed to limit or otherwise interfere view
the
same as
not
illegal
in
the context of the law. (Jardin v. wages of the
employees may
be
made
by
the
employer
in
any
with how an employee should dispose or
make use
of
the
latter’s NLRC) ofthefollowingcases:
wages. He shall not in any manner force, compel, or oblige his Employers should
first
establish that the making of deductions (b) When the deductions are
with the
written
authorization of
employees to purchase merchandise, commodities or any other from the salaries is authorized by
law, or
regulations issued
propertyxxxx the employees for payment to the EMPLOYER or a third person
by the Secretary of Labor. Further, the posting of cash bonds and the employer agrees to do so; Provided, That the latter does
WageDeduction(Art113) should be proven as a recognized practice in the jewelry not receive any pecuniary benefit, directly or indirectly, from
manufacturing business, or alternatively, the employer should thetransaction.
GR: No
employer, in his own behalf or in behalf of any person, shall
seek for the determination by the Secretary of Labor through
makeanydeductionfromthewagesofhisemployees.
the issuance of appropriate rules and regulations that the Unauthorizeddeductions
EXC: policy the
former seeks to implement is necessary or desirable 1. companyu niforms;
1. Facilities; in the conduct of business. (Niña Jewelry Manufacturing of
2. cashdepositforlossordamage,u nlessauthorizedbySOLE;
MetalArtsv.Montecillo2 011)
2. Amount paid
by
ER
as
premiums
on
insurance,
consented to 3. personalprotectiveequipment;
byEE; 6. For Agency Fees from non-union members who accept the
benefits under the CBA negotiated by the bargaining union. 4. capitalshare/capitalbuild-upinservicecooperatives;
3. For
union dues, where
the right of EE or his union to checkoff
Doesnotneedauthorizationfromconcernedmember; 5. trainingfees;and
has been
recognized by
the
ER or authorized in
writing by
the
EEconcerned; 7. Premiums for SSS, PhilHealth,
employee’s
compensation
and 6. otherdeductionsnotincludedorauthorized.
Pag-IBIG;
4. WhereERisauthorizedbylaworregulationsissuedbySOLE; 6.Wagedetermination
8. Withholdingtax;
5. For loss or damage under Art 114 LC; DOLE LA 11-14, TwoMethodsofDeterminingWages
PrivateSecurityAgencies: 9. Where EE is indebted to ER that has become due and
demandable(Art1706CC); a. Floor Wage Method which involves the fixing of a determinate
a. Followingmustbeobserved: amount to
be
added
to
the
prevailing
statutory minimum wage
10. Pursuant to a court judgment where wages may be the subject
i. EE is clearly responsible for the loss or rates.
ofattachmentorexecutionbuto nlyfordebtsincurredfor
damage; b. Salary Ceiling Method wherein the wage adjustment was to be
a. food,
ii. He is given reasonable opportunity to show applied to employees receiving a certain denominated salary
causewhydeductionsshouldnotbemade; b. clothing, ceiling.UsedinRA6727.
BasedontheLecturesofA
tty.Marquez❤
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SeeE
mployersConfederationofPHv.NWPC b) The natural calamities, such as earthquakes, lahar
flow, typhoons, volcanic eruptions, fire, floods and
a.Wageorder
similar occurrences, must have occurred within 6
See2020DOLEHandbookonWorkers’StatutoryMonetary months prior to the effectivity of the Order.
Benefits. However, if based on the assessment by a competent
In
Pag-asa Steel
Works v.
CA, there
is no right to a wage increase authority, the damage to properties is at least
50%
from a wage order if the employees have been receiving salaries and the period of recovery will exceed 1 year, the
abovetheminimumwage. 6-month period may be extended to 1 year. (As
amendedbyNWPCResolutionNo01-14)
Exemptionsf romWageOrders
c) Losses
suffered by
the
establishment as a result of the
★ Provided
in NWPC Guidelines 02-07, as further AMENDED by
calamity that exceed the insurance coverage should
NWPCResolutionNo.1,S.2014. amountto2 0%ormoreofthestockholders'equity.
★ CategoriesofExemptibleEstablishments: ExemptionsUndertheLaborCode
1) Distressedestablishments; a. Farmtenancyorleasehold;
2) New business enterprises (NBEs) — refers to b. Domestic service — already covered in Domestic Workers Act
establishments, including non-profit institutions, orBatasKasambahay,RA10361;
established within two (2) years from effectivity of the
c. Personsworkingintheirrespectivehomesinn
eedlework;
Wage Order based on the latest registration with the
appropriate
government agency such as
SEC, DTI, CDA and d. Persons working in any cottage industry duly registered in
Mayor'sOffice. accordancewiththelaw.
3) Retail/Service establishments employing not more ExemptionsUnderSpecialLaws
thanten(10)workers. a. RA 9178. Barangay Micro Business Enterprises Act of
a) Retail establishment refers to an entity principally 2002. The BMBEs shall be exempt from the coverage of the
engaged in
the
sale
of
goods to
end
users for personal MinimumWageLaw:
or
household use. A retail establishment that regularly Provided, That all employees covered under this Act shall
be
engages in wholesale activities loses its retail entitled to the same benefits given to any regular employee
character. suchassocialsecurityandhealthcarebenefits.
b) Service Establishment refers to an entity principally BMBEs refer to any business entity or enterprise engaged in the
engaged in
the
sale
of
services to
individuals for their production, processing or manufacturing of products or
own or household use and is
generally recognized as commodities, including agro-processing, trading and
services,
such. whose total assets including those arising from loans but
4) Establishments adversely affected by natural exclusive of
the land
on
which
the
particular business entity's ViolationofWageOrder
calamities. office, plant and equipment are situated, shall not be more DoubleIndemnityandImprisonmentunderRA6727.
a) The establishment must be located i n an area thanThreeMillionPesos.
1. FineofP25K-100K;OR
declared by a competent authority as under a b. RA10644.Go-NegosyoAct.
2. Non-probationable Imprisonment of
2-4
Years;
(Filed
with
the
stateofcalamity.
MTC);OR
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3. Both,atthediscretionofthecourt. Employer shall pay the amount due each worker one branch of a bank higher compensation than that given to their
4. Double indemnity — paying double the unpaid within
10
days
from
receipt of such order and submit counterparts in
other
regions occupying the
same pay scale, who are
proofofcompliance. not
covered by said
wage order. In short, the implementation of wage
benefits/amounts owing the employees, provided that such
orders in one region but not
in
others
does not
in
itself
necessarily
payment does not absolve employer from criminal liability Upon finality of the compliance order, the RD shall
resultinwagedistortion.
imposableunderLC. cause the issuance of a writ of execution for its
DOLE DO
10-98
on
Guidelines on
the Imposition of Double Indemnity enforcement. PossibleCauses
for Non-Compliance with the Prescribed Increases or Adjustment in Jurisdiction a. GovernmentdecreedincreasethroughWOs;
WageRates.S eealsoP hilippineHoteliersv.NUWHRAIN-APL-IUF. 1. First-level courts — does not exceed P100K for Provincial, b. Mergerofestablishments;
P200KforMetroManila; c. Increasegrantedbyemployers;
1. ImportantDefinitions:
2. RTC—otherwise. d. PassageofRA6727.
a. Wage Rates refers to the lowest basic pay that the
SeeNLRCEnBancResolutions01-19. In
Bankard Employees Union v.
NLRC, the unilateral adoption by an
employer can pay his workers including COLA as fixed
by the Board (RTWPB), but excludes other b.Wagedistortion employer of
an
upgraded salary scale that increased the hiring rates
wage-related benefits such
as
OT, bonuses, night-shift of new employees without increasing the salary rates of old
A situation where an increase in prescribed wage rates results in the
differential, holiday, premium, 13th month pays, leave employees DOES NOT RESULT in wage distortion within the
elimination or severe contraction of intentional quantitative
benefits,amongothers. contemplation of
Article
124
of
the Labor Code, as the increase in
differences in wage or salary rates between and among
employee
b. Wage Order refers to the order promulgated by the the wages and salaries of the newly-hired was not due to a
groups in an establishment as to effectively obliterate the
RTWPBpursuanttoitswage-fixingauthority. prescribedlaworwageorder.
distinctions embodied in such wage structure based on skills,
c. Unpaid benefits refer to the prescribed wage rates length of
service,
or
other logical bases of differentiation. (Art 124 WageDistortionResolution
which the
employer failed
to
pay upon
effectivity of a LC)
wage order and shall be the principal basis for ElementsofWageDistortion
computingthed oubleindemnity.
1. An existing hierarchy of positions with corresponding
d. Double indemnity is the payment to a concerned salaryrates;
employee of twice the prescribed increases or
2. A significant change in the salary rate of a lower pay
adjustments in the wage rates, which was not paid by
class w/o concomitant increase in the salary rate of a
theemployer.
higherone;
2. Twotypesofinspection:
3. Eliminationofthedistinctionbetweenthetwolevels;
a. Routine inspection — where the violation has
been
4. Existenceofthedistortioninthes ameregion.
established after due notice and hearing where
appropriate,
the
RD
shall,
after
7 calendar days from PrubankersAssociationv.PrudentialBank
the
employer’s receipt
of
the NIR, issue a compliance Wage distortion presupposes an
increase in the
compensation of the
order. lower ranks
in
an
office
hierarchy without a corresponding raise
for
b. Complaint inspection — RD shall call for a summary higher-tiered employees in the
same region of
the
country,
resulting
investigation and after
due
notice
and
hearing issue
a in the elimination or the severe diminution of the distinction
betweenthetwogroups.
complianceorder.
Such
distortion
does
not
arise when a wage order gives employees in
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 22of122
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In
the
event
that
the
parental leave is not availed of, said leave shall ★ such period
is not applicable when the employment of
C.Leaves
not be convertible to cash unless specifically agreed upon the pregnant woman worker has been terminated
1.LaborCode previously. withoutjustcause.
b.Expandedmaternityleave 8. Voluntary working arrangement during the maternity leave
a.Serviceincentiveleave
period;
Every
employee
who has rendered at least one (1) year of service is See105-DayExpandedMaternityLeaveLaw
9. Heavierpenalties.
entitled to Service Incentive
Leave
(SIL) of five (5) days with 1. Increasedmaternityleavewithfullpay;
pay. a. 105daysfornaturalorcesareandelivery;
c.Paternityleave
■ Fivedaysleavewithpay; RA8187.PaternityLeaveActof1996
b. 60
days
for
miscarriage
or
emergency
termination
of
■ Renderedatleast1
yearservice; pregnancy. Paternity
Leave is granted to all married male employees in the
■ Parttimeworkersmaybenefit; 2. Option to extend maternity leave for
additional
thirty
(30) privatesector,regardlessoftheiremploymentstatus.
■ Commutabletocashifnotused. dayswithoutpay; Government employees are also entitled to the paternity leave
Notify ER at least 45 days before end of maternity benefit.
The phrase “one year of service” of
the
employee
means
service
within twelve (12) months, whether continuous or broken, leavetoavailofextension. Entitled to full pay, consisting of basic salary, for the 7 days of
paternityleave,foruptothef irstfour(4)deliveries.
reckoned from the date the employee started
working.
The
period 3. Additionalfifteen(15)dayswithfullpayforsoloparents;
includes authorized absences, unworked weekly rest days, and paid 1. Amarriedmaleemployee;
4. Combinationsofprenatalandpostnatalleave;
regularholidays. 2. Cohabitingwithspouse;
★ Compulsorypostnatalatleast60days.
Tanv.Lagrama 3. HasappliedforPL;
5. Maternityleaver egardlessoffrequency; 4. Legitimatespousegavebirthorhadamiscarriage.
If a piece worker is supervised, there is an employer-employee
6. Allocationofmaternityleavecredits; In
the
event
that
the
paternity leave is not availed of, it shallnot
be
relationship. However, such an
employee is not
entitled
to service
incentive leave pay
since, as pointed out in Makati Haberdashery v. a.allocate up to seven (7) days of said benefits to the convertibletocashandshallnotbecumulative.
NLRC and Mark Roche International v. NLRC, he is paid a fixed child's father, whether or not
the same is
married to d.Gynecologicalleave
amount for work done, regardless of the time he spent in thefemaleworker.
Any female employee in
the
public
and private
sector regardless of
accomplishingsuchwork. b. alternate caregiver who may be a relative within the
age and
civil status
shall be
entitled to
a special of two
leave (2)
fourth degree of consanguinity or the current partner
2.Speciallaws months with full pay based on her gross monthly compensation
ofthefemaleworkersharingthesamehousehold.
subject to existing laws, rules and regulations due to surgery caused
a.Parentalleaveforsoloparents c. In the event the beneficiary female worker dies or
is byg
ynecologicaldisordersundersuchtermsandconditions:
SeeRA8972.SoloParentWelfareActanditsI RR permanently incapacitated, the balance of her
1. She has rendered at least six (6) months continuous
maternity leave benefits shall accrue to the father of
In
addition to
leave
privileges under existing laws, parental leave of aggregate employment service for the last twelve (12)
thechildortoaqualifiedcaregiver.
not more than seven (7) working days every year shall be granted monthspriortosurgery;
7. Maternityleavea fterterminationofservice;
to any solo parent employee who has rendered service
of
at
least 2. In the event
that an
extended leave is necessary, the female
one(1)year. ★ occurs not more than fifteen (15) calendar days employeemayuseherearnedleavecredits;and
Theseven-dayparentalleaveshallbenon-cumulative. after the termination of an employee's service, as her
3. This special leave shall be non-cumulative and non-
righttheretohasalreadyaccrued.
convertibletocash.
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ooksofAzucena,Kato,Poquiz ByRGL 23of122
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the employment if the employer or head of office is informed of unreasonable, and offensive to the recipient, whether done
e.Batteredwomanleave
suchactsbytheoffendedpartyandnoimmediateactionistaken. verbally,physicallyorthroughtheuseoftechnology;
SeeRA9262ortheAnti-VAWCLaw.
3.Applicablelaws 3) A conduct that is unwelcome and pervasive and creates an
The leave benefit shall cover the days that the woman employee has intimidating, hostile or humiliating environment for the
toattendtomedicalandlegalconcerns. a.SexualHarassmentAct recipient.
Requirement. — To be entitled to the leave benefit, the only Sexualharassmentiscommittedwhen: This may also be committed between peers and those
requirement is
for
the
victim-employee to
present to
her employer 1) Thesexualfavorismadeasacondition committed to a superior officer by a subordinate, or to a
acertificationfromthe teacherbyastudent,ortoatrainerbyatrainee.
a) in
the
hiring
or
in
the
employment, re-employment or
a. barangaychairmanor
continuedemploymentofsaidindividual,or
E.Workingconditionsforspecialgroupsof
b. barangaycounciloror b) in granting said individual favorable compensation, employees
c. prosecutoror termsofconditions,promotions,orprivileges;or
d. theClerkofCourt,asthecasemaybe, therefusaltograntthesexualfavorresults 1.Apprenticesandlearners
thatanactionrelativetothematterispending. c) in limiting, segregating or classifying the employee Apprentice
which in any way would discriminate, deprive or Apprenticeship means any training on the job supplemented by
The qualified victim-employee shall be entitled to
a leave of
up
to
diminish employment opportunities or otherwise
ten (10) days with full pay, consisting of basic salary a nd related t heoretical instructions involving apprenticeable
adverselyaffectsaidemployee;
mandatoryallowancesfixedbyRTWPB. occupationsandtrades.
2) The above acts would impair the employee's rights or
Apprenticeable occupation means any trade, form of
D.Sexualharassmentintheworkenvironment privilegesunderexistinglaborlaws;or
employment or occupation approved for apprenticeship by the
3) The above acts would result in an intimidating, hostile, or
1.Definition SOLE, which requires for proficiency more than three months of
offensiveenvironmentfortheemployee.
practical training on the job supplemented by related theoretical
Under the Anti-Sexual Harassment Act of
1995, it
is
committed by
b.SafeSpacesAct instructions.
an
employer, employee, manager, supervisor, agent of the employer,
xxx, or any other person who, having authority, influence or The crime of gender-based sexual harassment in the workplace Apprenticeship standards means the written implementing plans
moral ascendancy over another in a work environment, includes t
he f
ollowing: and c
onditions o
f anapprenticeshipprogram.
demands, requests or
otherwise requires any sexual favor from the 1) Anactorseriesofactsinvolving Coverage
other, regardless of whether the demand, request or requirement for
a) any unwelcome sexual advances, requests or 1. Any enterprise duly registered with TESDA with 10 or
more
submissionisacceptedbytheobjectofsaidact.
demandforsexualfavorsor regular workers. The number of apprentices shall not be
2.Dutiesandliabilitiesofemployers b) any act of sexual nature, whether done verbally, morethan20%o fitstotalregularworkforce.
Employers or other persons of authority, influence or moral physicallyorthroughtheuseoftechnology, 2. Anyunemployedperson1 5yearsolda ndabovemayapply.
ascendancy in a workplace shall
have the duty to prevent, deter, or that has
or
could
have
a detrimental effect on the conditions of Qualifications
punish the
performance of
acts
of
gender-based sexual harassment an individual's employment or education, job
performance or
intheworkplace. opportunities; Toqualifyasapprentice,anapplicantshall:
The employer or head of office shall be solidarily liable for 2) A conduct of sexual nature and other conduct-based on sex a) Be
at least fifteen years of age; provided those who are at least
damages arising from the acts
of
sexual
harassment
committed
in affecting the dignity of a person, which is unwelcome, fifteen years of age but less than eighteen
may
be
eligible
for
apprenticeshiponlyinnon-hazardousoccupations;
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ooksofAzucena,Kato,Poquiz ByRGL 24of122
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b) Be physically fit for the occupation in
which
he
desires
to
be Provided,
finally, That
the
person
or enterprise who wishes to avail and paid accordingly, provided there are no available regular
trained; himself or herself of this incentive should pay his apprentices workers to
do
the
job,
and
the overtime work thus rendered is duly
theminimumwage. creditedtowardhistrainingtime.
c) Possess vocational aptitude and capacity for the particular
Apprentices without Compensation. — The
SOLE
may
authorize
the Validcausetoterminateagreement
occupationasestablishedthroughappropriatetests;and
d) Possess
the
ability
to
comprehend
and
follow and written hiringofapprenticeswithoutcompensationwhosetrainingonthejobis
oral Either party to an agreement may terminate the same after the
instructions. 1. requiredbytheschoolortrainingprogramcurriculumor probationary period
only
for
a valid
cause.
The
following are valid
causesfortermination:
Compulsoryapprenticeship 2. asrequisiteforgraduationorboardexamination.
Bytheemployer—
a) When
grave
national
emergencies,
particularly
those involving Apprenticeshipperiod
a) Habitual absenteeism in on-the-job training and related
the security of the state, arise or particular requirements of Theperiodofapprenticeshipshalln
otexceedsix(6)months.
economic development so
demand, the
SOLE
may recommend theoreticalinstructions;
a) Four
hundred
(400)
hours
or
two
(2)
months for trades or
to the President of the
Philippines the
compulsory training
of b) Willful disobedience of company rules or insubordination to
occupations which normally require a year or more for
apprentices required in a certain trades, occupations, jobs or lawfulorderofasuperior;
proficiency;and
employment levels where shortage of trained manpower is c) Poor physical condition, permanent disability or prolonged
deemedcritical; b) Two hundred (200) hours or one (1) month for
illnesswhichincapacitatestheapprenticefromworking;
b) Where services of foreign technicians are utilized by private occupations and jobs which require more than three
d) Theft or malicious destruction of company property and/or
monthsbutlessthanoneyearforproficiency.
companies in apprenticeable trades said companies are equipment;
requiredtosetupappropriateapprenticeshipprograms. At
least
five
(5)
working
days
before the actual date of termination,
e) Poor efficiency
or
performance
on
the
job
or
in
the
classroom
QualifiedEmployers the party terminating shall serve a written notice on the other,
stating the
reason
for
such
decision and a copy
of said notice shall for a prolonged period despite warnings duly given to the
Only employers in the highly technical industries may employ apprentice;and
befurnishedtotheApprenticeshipDivisionconcerned.
apprentices and only in apprenticeable occupations approved by f) Engaging
in violence or other forms of gross misconduct inside
Wages
theSOLE. theemployer'spremises.
The wage rate of the apprentice
shall
start
at
seventy
five
(75%)
Any entity, whether or not organized for profit may establish or Bytheapprentice—
percent of the statutory minimum wage for the first six (6)
sponsorapprenticeshipprogramsandemployapprentices.
months; thereafter, he shall be paid the full minimum wage, a) Substandard or deleterious working conditions within the
Deductibility of Training Costs. — An additional deduction from
includingthefullcostoflivingallowance. employer'spremises:
taxable income of one-half (1/2) of the value of labor training
Hoursofwork b) Repeated violations by the employer of the terms of the
expenses incurred for developing the productivity and efficiency of
Shall
not
exceed
the maximum number of hours of work prescribed apprenticeshipagreement;
apprentices shall be granted to the person or
enterprise
organizing
an
apprenticeshipprogram: by
law, if
any,
for
a worker of his age and sex. Time spent in related c) Cruel or inhuman treatment by the employer or his
Provided,ThatsuchprogramisdulyrecognizedbytheDOLE: theoretical instructions shall be considered as hours of
work and subordinates;
shall be reckoned jointly with on-the-job training time in computing d) Personal
problems
which
in the opinion of the apprentice shall
Provided, further, That such deduction shall not exceed ten
in
the
agreement the appropriate periods for
giving
wage increases preventhimfromasatisfactoryperformanceofhisjob;and
(10%)percentofdirectlaborwage:and totheapprentice.
e) Badhealthorcontinuingillness.
An apprentice not otherwise barred by law from working eight
hours a day may be requested by his employer
to
work
overtime
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B
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Learner Learnableoccupations
Anytrade,formof
Optiontoemploy
ERObligedtohire
Optional
employmentor learner
Learners are persons hired as trainees in semi-skilled and other consistingof
Occupation occupationapproved
semi-skilledandother
industrial occupations which are
non-apprenticeable and which may be forapprenticeshipby Dispute DOLERegional
industrialoccupations LaborArbiter
learned through practical
training on
the
job
in a relatively short period SOLE Resolution Director
oftimewhichs hallnotexceedthree(3)months.
Theoretical Wagerate 75%ofstatutoryMW
Notrequired Required
Learnersmaybeemployed instruction
2.Disabledworkers
1. whennoexperiencedworkersareavailable,
Ratioof
100hoursforevery2,000hoursofOJT see also RA 7277 or the Magna Carta for Disabled Persons, as
2. the employment of learners is necessary to prevent curtailment theoreticalinst.
amended
ofemploymentopportunities,and
Competency- Handicappedworkersm
aybeemployed
3. the
employment
does
not
create unfair competition in terms of basedsystem
✔ ✘
1. when their employment is necessary to prevent curtailment
laborcostsorimpairorlowerworkingstandards.
Duration Notexceeding3months 3-6months ofemploymentopportunitiesa nd
LearnershipAgreement
2. when
it
does
not
create unfair competition in labor costs or
Any
employer
desiring
to
employ learners shall enter into a learnership (a)Beatleast15
yearsofage; impairorlowerworkingstandards.
agreementwiththem,whichagreementshallinclude: (b)Possess Disabled Persons are those suffering from restriction or different
a) Thenamesandaddressesofthelearners; vocationalaptitude abilities, as a result of a mental, physical or sensory impairment, to
andcapacityfor perform an activity in the manner or within the range considered
b) The
duration
of
the
learnership
period,
which
shall
not exceed appropriatetests;
three(3)months;
Qualifications ✘ normalforahumanbeing;
and
(c)Possessthe Impairment is any loss, diminution or aberration of psychological,
c) The wages or salary
rates
of
the
learners
which
shall
begin
at
abilityto physiological,oranatomicalstructureorfunction;
not less than seventy-five percent (75%) of the applicable comprehendand
minimumwage;and Disabilityshallmean
followoraland
d) A commitment to employ the learners if they so desire, as writteninstructions. 1) a physical or mental
impairment that
substantially
limits
one
regular employees upon completion of the learnership. All or more
psychological, physiological or anatomical function of
1.whennoexperienced
anindividualoractivitiesofsuchindividual;
learners who have
been allowed or suffered to work during the workersareavailable,
first two (2) months shall be deemed regular employees if 2.necessarytoprevent 2) arecordofsuchanimpairment;or
training is terminated by the employer before the end of the curtailmentof 3) beingregardedashavingsuchanimpairment;
employment
stipulatedperiodthroughnofaultofthelearners. Circumstances
justifyinghiring
opportunities,and ✘ Handicap refers
to
a disadvantage for a given individual, resulting from
Learnershipv.Apprenticeship 3.doesnotcreateunfair an impairment or a disability, that limits or prevents the function or
competitionintermsof activity, that is considered normal given the age and sex of the
Learner Apprentice laborcostsorimpairor individual
lowerworking
Practicaltraining ✔ ✔ standards. a.Equalopportunity
Agreement Learnership Apprenticeship Equal Opportunity for Employment. No
disabled
persons
shall
20%oftotalregular
Limitation NONE be denied access to opportunities for suitable employment. A
workforce
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B
ooksofAzucena,Kato,Poquiz ByRGL 26of122
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qualified disabled employee shall
be
subject to the same terms and 7. Dismissing or
terminating the
services of a disabled employee Thefollowingareactsofdiscrimination:
conditions of
employment and the
same
compensation, privileges, by
reason of
his disability unless the
employer can
prove that a) Payment of a lesser compensation, including wage, salary or
benefits, fringe benefits, incentives or allowances as a qualified he impairs the satisfactory performance of the
work involved other form of remuneration and fringe benefits, to a female
able-bodiedperson. to
the
prejudice of
the business entity; Provided, however, That employee as
against a male
employee, for work of equal value;
the employer first sought to provide reasonable
b.Discriminationonemployment and
accommodationsfordisabledpersons;
No entity, whether public or private, shall discriminate against a b) Favoring a male employee over a female employee with respect
8. Failing to select or administer in the most effective manner
qualified disabled person by reason of disability in regard to job to promotion, training opportunities, study and scholarship
employment test
which accurately reflect the skills, aptitude or grantssolelyonaccountoftheirsexes.
application procedures, the hiring, promotion, or discharge of
other factor of the disabled applicant or employee that such
employees, employee compensation, job training,
and other
terms,
test purports to measure, rather than the impaired sensory, b.Stipulationagainstmarriage
conditions,andprivilegesofemployment.
manual or speaking skills of such applicant or employee, if It shall be unlawful for an employer to require as a condition of
Thefollowingconstituteactsofdiscrimination: any;and employment or continuation of employment that a woman
1. Limiting, segregating
or
classifying
a disabled
job
applicant
in 9. Excluding disabled
persons from
membership
in
labor
unions employee shall not
get
married, or
to
stipulate
expressly or
tacitly
suchamannerthatadverselyaffectshisworkopportunities; orsimilarorganizations. that upon getting married, a woman employee shall be deemed
2. Using qualification standards, employment test or other resigned or separated, or to actually dismiss, discharge,
c.Incentivesforemployers discriminate or
otherwise prejudice a woman employee merely by
selection criteria that screen out or tend to screen out a
disabled person unless such standards, test
or
other selection a. Private entities that employ disabled persons who meet the reasonofhermarriage.
criteria
are
shown to
be job-related for the position in question required skills or qualifications, either as regular employee,
c.Prohibitedacts
andareconsistentwithbusinessnecessity; apprentice or learner, shall be entitled to an additional
deduction, from their gross income, equivalent to Itshallbeunlawfulforanyemployer:
3. Utilizingstandards,criteria,ormethodsofadministrationthat:
twenty-five percent (25%) of the total amount paid as 1) To
deny
any woman employee the benefits provided for in this
a. have the effect of discrimination on the basis of salariesandwagestodisabledpersons. Chapter or to discharge any woman employed by him for the
disability;or purpose of preventing her from enjoying any of the benefits
b. Private entities that
improve
or
modify their physical facilities
b. perpetuate the discriminations of others who are in order to provide reasonable accommodation for disabled providedunderthisCode;
subjecttocommonadministrativecontrol. persons shall
also
be entitled to an additional deduction from 2) To discharge such woman on account of her pregnancy, or
4. Providing less compensation, such as salary, wage or other their net taxable income, equivalent to fifty percent whileonleaveorinconfinementduetoherpregnancy;
forms of remuneration and fringe benefits, to a qualified (50%) of the direct costs of the improvements or 3) To discharge or refuse the admission of such woman upon
disabled employee, by reason of his disability, than the amount modifications. returningtoherworkforfearthatshemayagainbepregnant.
to which a non-disabled person performing the same work
is
This, however, does not apply to improvements or
entitled; d.Facilitiesforwomen
modifications of facilities required under Batas Pambansa
5. Favoring a non-disabled employee over a qualified disabled Bilang344. In appropriate cases, the SOLE shall, by regulations,
require
any
employee with respect to promotion, training opportunities, employerto:
study and scholarship grants,
solely
on
account of
the
latter's
3.Gender
a) Provide seats proper for
women
and
permit
them
to
use
such
disability; a.Discrimination seats
when they
are
free
from
work and during working hours,
6. Re-assigning or transferring a disabled employee to a job or It shall be unlawful for any employer to discriminate
against
any provided
they can
perform their duties in this position without
positionhecannotperformbyreasonofhisdisability; woman employee with respect to terms and conditions of detrimenttoefficiency;
employmentsolelyonaccountofhersex.
BasedontheLecturesofA
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b) To establish separate toilet rooms
and
lavatories
for
men
and ii. Construction; b. Orparticipatesinpublicentertainmentorinformation
womenandprovideatleastadressingroomforwomen; iii. TransportationandStorage; Provided that the
employment contract
is
concluded
c) To establish a nursery in a workplace for the benefit of the iv. Water Supply, Sewerage, Waste management and bychild’sparentwithexpressagreementofsaidchild
womenemployeestherein;and remediationactivities; Providedf urtherthatthefollowingaremet:
d) To determine appropriate minimum age and other standards v. ForestryandLogging; 1) Protection, health, safety,
morals
and
normal
for retirement or termination in special occupations such as vi. FishingandAgriculture; developmentofchildisensured;
thoseofflightattendantsandthelike. 2) Measures are instituted to prevent child’s
vii. Hunting,Trapping;
e.Womenworkinginnightclubs,etc. exploitationordiscrimination;and
viii. SecurityandInvestigation;
Any woman who is
permitted or
suffered to
work,
with or without 3) A continuing program for training and
skills
ix. Manufacturing
compensation, in any night club, cocktail lounge, massage clinic, acquisition of the child is formulated and
bar or similar establishments under the effective control or b. OccupationalClassification implemented.
supervision of the employer for a substantial period of time as i. Farmers AworkpermitshallbesecuredfromDOLEinbothinstances.
determined by the SOLE, shall be considered as an employee of ii. AnimalProducers; ★ HoursofWork.upto4H/D,20H/W;6amto8pmonly.
suchestablishmentforpurposesoflaborandsociallegislation.
iii. Physical,LifeSciencesandHealthAssociate AdditionalProhibition
4.Minors Professionals; Section 14. Prohibition on
the
Employment of
Children in
Special
Protection of Children Against Child Abuse, Exploitation and iv. SalesandServicesElementaryOccupations; Certain Advertisements. — No child shall be
employed as
a
DiscriminationActorR ANo.9231,amendingRA7610) model in any advertisement directly or indirectly promoting
v. PersonalandProtectiveServicesWorkers;
Childlabor alcoholic beverages, intoxicating drinks, tobacco and its
vi. CustomerServicesClerks;
byproducts,gamblingoranyformofviolenceorpornography.
refers to any work
or
economic activity
performed by a child
that
vii. OtherCraftandRelatedTradeWorkers.
subjects him/her to any form of exploitation or is harmful to 5.Kasambahays
his/her health and safety or physical, mental or psychosocial ★ Hours of Work. up to 8H/D, 40H/W; 6am to 10pm
➔ DomesticWorkersActorBatasKasambahay;
development. only.
➔ seeIRRdatedMay9,2013.
D0No.65-04,S.2004onWorstFormsofChildLabor B. Below15yearsofage
GR: Shallnotbeemployed
RightsofKasambahayandObligations
DOLE Dept. Circular No. 2, S. 2017 on Guidelines on the Issuance
of Work Permit for Children Below 5 Years Old
Engaged in Public EX: Whenachildworks TherightsandprivilegesoftheKasambahayareasfollows:
EntertainmentorInformation. a. Directly under the sole
responsibility
of
his
parents/ a. Minimumwage;
A. 15andabove,butbelow18yearsofage legal guardian
and where only
members
of
his
family b. Other mandatory benefits, such as the daily and weekly
GR: Maybeemployed areemployed. restperiods,serviceincentiveleave,and13thmonthpay;
EX: I n
an undertaking which is deleterious or hazardous in Provided his employment neither endangers his
life, c. Freedom from employers' interference in the disposal of
nature. safety, health, and morals nor impairs his normal wages;
development. d. CoverageundertheSSS,PhilHealthandPag-IBIGlaws;
★ DOLEDO149-16.BasedonTwoClassifications:
Provided
further
that
said
child
is provided with the e. Standardoftreatment;
a. IndustrialClassification
prescribededucation;
i. MiningandQuarrying; f. Board,lodgingandmedicalattendance;
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g. Righttoprivacy; such processing or fabrication, either by himself or b. Spousedied;
throughsomeotherperson.
h. Accesstooutsidecommunication; c. Spousedetainedforatleast1year;
“Industrial Homework” is a system of production under which
i. Accesstoeducationandtraining; d. Spouse is
physically
or
mentally incapacitated as certified by a
work for an employer or contractor is carried out by a homework at
j. Righttoform,join,orassistlabororganization; his/her home. Materials may or may not be furnished by the publicmedicalpractitioner;
k. Right
to
be
provided
a copy of the employment contract as employer or contractor. It differs from regular factory production e. Legallyordefactoseparatedforatleastoneyear;
requiredunderSection7,RuleIIofthisIRR; principally in that, it is a decentralized
form of
production where f. Marriageannulled;
there
is
ordinarily very little supervision or
regulation of
methods
l. Right to certificate of employment as required under g. Abandonedbyspouseforatleastoneyear;
ofwork.
Section5,RuleVIIofthisIRR; h. Unmarriedparent;
Exemption from minimum Wage (Art. 98) if engaged in
m. Right to terminate the employment as provided under i. Anyotherpersonwhosolelyprovidesforparentalcare;
needlework. The
title on
Wages
shall not apply to farm tenancy or
Section2,RuleVIIofthisIRR;and leasehold, domestic service and persons working in their j. Anyfamilymemberwhoassumesroleasheadoffamily.
n. Right to exercise their own religious beliefs and cultural respective homes in needle work or in any cottage industry duly
practices. registeredinaccordancewithlaw. 8.Nightworkers
Theemployere njoysthefollowingrights: WorkProhibitions seeIRRDOLEDONo.119-12s.2012;
a. To require submission of pre-employment documents
by Nohomeworkshallbeperformedonthefollowing: Coverage&Exclusion
theKasambahay(Section4,RuleIIofthisIRR); Shall apply to all
persons, who shall
be
employed or
permitted
or
1) explosives,fireworksandarticlesoflikecharacter;
b. To
recover
deployment
expenses
(Section
3,
Rule
II of this suffered to work at night, except those employed in agriculture,
2) drugsandpoisons;and
IRR); stock raising, fishing, maritime transport and inland navigation,
3) other articles, the processing of which requires exposure to during a period of not less than seven (7) consecutive hours,
c. To demand replacement (Section 4, Rule III of this IRR);
toxicsubstances. includingtheintervalfrommidnighttofiveo'clockinthemorning.
and
d. Toterminateemployment(Section3,RuleVIIofthisIRR). 7.Soloparents "Night
worker" means any employed person whose work requires
SeeRA8972ortheSoloParentWelfareActanditsI RR performance of
a substantial number
of
hours
of night work which
6.Homeworkers exceedsaspecifiedlimit.
Solo parent, or other person who solely provides parental care and
seeDONo.5,S.1992onIndustrialHomeworkers. RightsofNightworkers
supporttoachildorchildren.
Distribution of Homework. — The "employer" of homeworkers 1. Health
assessment. — At their request, workers shall have
1. Hasrenderedserviceforatleast1
year;
includes any person, natural or artificial who, for his account or the
right
to
undergo a health
assessment without charge and to
benefit, or on behalf of any person residing outside the country, 2. Notifiedemployer;
receive advice on how to reduce or avoid health problems
directly or indirectly, or through an employee, agent contractor, 3. PresentedaSoloParentID. associatedwiththeirwork:
sub-contractororanyotherperson:
Benefitsinclude a) Beforetakingupanassignmentasanightworker;
1) Delivers, or causes to
be
delivered, any goods, articles or
1. Parentalleaveofnotmorethan7
dayseveryyear. b) Atregularintervalsduringsuchanassignment;
materials to
be
processed or
fabricated in or about a home
and thereafter to be returned or to be disposed of or 2. Flexibleworkschedule; c) If they experience health problems during such an
distributedinaccordancewithhisdirections;or 3. Protectionfromworkdiscrimination. assignment.
2) Sells any goods, articles or materials to be processed or Whoareconsideredsoloparents? With
the
exception of
a finding
of
unfitness
for night work, the
fabricated in or about a home and
then rebuys them
after findings of such assessments shall be confidential and shall
a. Womanwhogivesbirthresultingfromrape;
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 29of122
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not be used to their detriment, subject however
to
applicable whenever practicable.
The
transfer
of
the
employee must be to Pregnant women and nursing mothers may be allowed to
work at
companypolicies. asimilarorequivalentpositionandingoodfaith. night only if a competent physician, other than the company
2. Mandatory
facilities. — Mandatory facilities shall be made If
such
transfer is
not practicable
or the workers are
unable to physician, shall certify their fitness to render night work, and
available
for workers
performing night work which include the render night work for
a continuous period of
not
less than
six specify, in the case of pregnant employees, the period of the
following: (6) months upon the certification of
a competent public health pregnancythattheycansafelywork.
authority, these workers shall be granted the same company The
measures referred to
in
this
article may include transfer to day
a) Suitable
first-aid
and
emergency
facilities
as provided
benefits as other workers who are unable to work due to work where this is possible, the provision of social security
for
under Rule
1960 (Occupational Health Services) of
illness. benefitsoranextensionofmaternityleave.
theOccupationalSafetyandHealthStandards(OSHS);
A night
worker certified as temporarily unfit for night work for The provisions of this article shall
not
have
the
effect
of
reducing
b) Lactation station in required companies pursuant to
a period of less than six (6) months shall be given the
same the protection and benefits connected with maternity leave under
RA No. 10028 (The Expanded Breastfeeding Promotion
protection against dismissal or notice of dismissal as other existinglaws.
Actof2009);
workerswhoarepreventedfromworkingforhealthreasons.
c) Separatetoiletfacilitiesformenandwomen; CriminalliabilityofEmployer
Women Night Workers. — Measures shall be
taken
to
ensure
that
an
d) Facilityforeatingwithpotabledrinkingwater;and alternative to night work is available to women workers who would Any violation of
this Rule shall
be
punishable with
a fine of
30K -
e) Facilities for transportation and/or properly ventilated otherwisebecalledupontoperformsuchwork: 50K or
imprisonment of
not
less than six
(6) months or both, at
temporary sleeping or resting quarters, separate for the discretion of the court. If the offense is committed by a
a) Before and
after
childbirth, for
a period
of
at
least sixteen (16)
male and female workers, shall be provided except corporation, trust, firm, partnership or
association or other entity,
weeks, which shall be divided between the time before and
whereanyofthefollowingcircumstancesispresent: the penalty shall be imposed upon the
guilty
officer
or officers of
afterchildbirth;
suchcorporation,trust,firm,partnershiporassociation,orentity.
i) Where there is an existing company guideline, b) For additional periods, in respect of which a medical certificate
practice or policy, collective bargaining is produced stating that said
additional periods are
necessary
9.Migrantworkers
agreement (CBA) or any similar agreement forthehealthofthemotherorchild: EmploymentConditions
between management and workers
providing
1) Duringpregnancy; a) Protection of OFWs; Lex Loci Contractus. Does the Labor Code
foranequivalentorsuperiorbenefit;or
2) During a specified time beyond the period, after andtheIRRscoveraFilipinoworkingabroad?
ii) Where the
start
or
end
of the night work does
childbirth is
fixed pursuant to subparagraph (a) above, ★ In Sameer Overseas Placement v. Cabiles 8
, the
Court
declares,
not
fall
within 12
midnight to 5 o'clock in the
the length of which
shall
be
determined
by
the DOLE “Employees are not stripped of their security of tenure when
morning;or
after consulting the labor organizations and they move to work in a different
jurisdiction. With
respect
to
iii) Where the workplace is located in an area that employers. the rights of OFWs, we follow the principle of lex loci
is
accessible
twenty four (24) hours to public
Duringtheperiodsreferredtointhisarticle: contractus.”
transportation;
a) A woman worker shall not be dismissed or given ★ In Triple Eight Integrated Services v. NLRC 9
, the Court
iv) Where the number of employees does not
notice of dismissal, except for just or authorized emphasizes that, “lex loci contractus governs in this
exceed a specified number as may be
causes provided for in this Code that are not connected jurisdiction. There is no question that the contract of
provided for by the SOLE in subsequent
with pregnancy, childbirth and childcare employment in
this
case
was perfected here in the Philippines.
issuances.
responsibilities. Therefore, the Labor Code, its IRRs, and other special labor
3. Transfer. — Night workers who are certified by competent lawsapplyinthiscase.”
b) A
woman worker shall not lose
the
benefits
regarding
physician, as
unfit
to
render night work,
due to health reasons,
her status, seniority, and access to promotion which
shall be transferred to a job for which they are fit to work 8
RNo170139,August5,2014
G
mayattachtoherregularnightworkposition. 9
359Phil.955(1998)
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 30of122
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b) Minimum provisions of POEA-SEC (Standard Employment 14. In case of worker’s death, repatriation of O
FW’s parties.
Contract).
As
laid
down
in
Sec
135
of the POEA Revised Rules human remains and personal belongings at the
4. Those illnesses not listed in Section 32 are presumed as
andRegulations2016: expenseofemployer.
work-related.
1. Completenameandaddressofe
mployer; c) The POEA may formulate country- or skills-specific policies
5. The employer shall bear cost for repatriation in the event
2. PositionandjobsiteofOFW; andguidelinesbasedonthefollowing:
seafareris
3. Basic monthly salary, including benefits and a) Existinglaborandsociallawsofthehostcountry;
a. fitforrepatriation;or
allowancesandmodeofpayment; b) Relevant bilateral and multilateral agreements or
b. fit to work but the employer is unable to find
★ Salary shall not be lower than: prescribed minimum arrangementswiththehostcountry;and
employmentfortheseafarerdespiteefforts.
wage in
the
host country or prevailing minimum wage c) Prevailingconditions/realitiesinthemarket.
6. In case of permanent total
or
partial
disability,
the
seafarer
intheNCR,w hicheverishigher. d) Section 136 gives the parties Freedom to Stipulate, while shall be compensated in accordance with the schedule of
4. Food and accommodation or the monetary Section 137 mandates the licensed recruitment agency to benefits governed by the rates and rules applicable at the
equivalent; disclosethetermsandconditionsofemploymenttotheOFW. timeillnessorinjurywascontracted.
★ Shall
be
commensurate to the cost of living in the host e) DisabilityBenefitsforInjuryorIllness.
f) Permanent/TotalDisability.
country,oroff-settingofbenefits.
MaunladTrans.Inc.v.Camoral2
015
5. Commencementanddurationofc ontract; MaerskFilipinasCrewing,Inc.v.Mesina2013
Section 20 of POEA-SEC, which is deemed written into the
6. Free transportation from and back to the point of Permanent disability is the inability of a worker to perform his
seafarer’s contract, provides for the minimum requirements before
hire, and free inland transportation at the jobsite, or job for more
than 120
days, regardless of
whether or
not
he
loses
deployment of Filipino seafarers. The two elements
required
for
an
off-settingofbenefits; theuseofanypartofhisbody.
injuryrobecompensableare:
7. Regularworkh
oursanddayoff; Total disability, on the other hand, means the disablement of an
(a) Theinjuryorillnessiswork-related,and
8. Overtime pay for services rendered beyond the employee to earn wages in the same
kind
of work
of
similar nature
(b) Itoccurredd
uringthetermofthecontract. that he was trained for, or accustomed to perform, or any kind of
regularworkhours,restdaysandholidays;
PertinentportionsofSection20reads: work which a person of his mentality and attainments could do.
It
9. Vacation leave and sick leave for every year of
does not require complete disability or total paralysis. It is
service; 1. Seafarer is
entitled
to
sickness
allowance = basic wage, until
consideredpermanentifitlastsc ontinuouslyformorethan120days.
he is declared fit to work, or the degree of permanent
10. Feeemergencym
edicalanddentaltreatment;
disability has been assessed by the company-designated An impediment should be
characterized as
partial
and
permanent
11. Just/valid/authorized causes for termination of the physicianbutinnocaseshallexceed1 20days. not only under the Schedule of Disabilities found in Sec 32 of
contractoroftheservicesoftheworkers;
2. He shall submit himself to a post employment medical exam POEA-SEC, but also in the Labor Code (Art 192[c][1]), and the
★ Considering the customs, traditions, norms, mores, by a company-designated physician within
3 working days Amended Rules on Employment Compensation (AREC) (Sec 2[b],
practices, company policies and the labor laws and upon his
return,
except
when he
is physically incapacitated, RuleVII)implementingTitleII,BookIVoftheLaborCode.
sociallegislationsofthehostcountry. a written notice to the agency is deemed as compliance. g) POEA-SEC,LaborCode,andARECHarmonized.
12. Settlemento
fdisputes; Failuretodosomeanswaiverofsuchbenefits.
Vergarav.HammoniaMaritimeServices,Inc.etal.
13. Repatriation of workers
in
case
of
imminent
danger 3. If a doctor appointed by him disagrees with the
findings of
due to war, calamity, and other analogous the company doctor,
a third
doctor may be agreed jointly by a. The
120 days provided in Sec 20-B(3) of the POEA-SEC is the
circumstances,attheexpenseoftheemployer;and both, and his decision shall be final and binding to both period given
to
the
employer to
determine the
fitness
of the
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 31of122
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seafarer to
work,
during
which
the
latter
is
deemed
to
be
in fitnessordisability. InINCShipmanagement,Inc.v.Rosales,weheldthat:
stateoftotalandtemporarydisability;
h) NeedforDefiniteAssessmentwithin120/240days. [Third-DoctorReferralProcess]
b. The 120 days of total and temporary disability may be
extended by a maximum of 120 days, or up to 240 days, BelchemPhilippines,Inc.v.Zafra2015
shouldtheseafarerrequirefurthertreatment;&
In
Fil-Pride Shipping Company, Inc. v. Balasta, the Court held that
c. A total and temporary disability becomes
permanent when the company-designated doctor
must
arrive at
a definite assessment
so declared by the company-designated physician within of the seafarer’s condition within the
period of
120 or
240 days,
as
120 days or 240 days (Art 192[c] LC), as the case may be, or per Article 192(c)(1) of the LC and Rule XI, Section 2 of AREC. Failure
upon the expiration of the
said
periods without declaration to do so and the seafarer’s condition remain unresolved, the
of either fitness to work or permanent disability and the lattershallbedeemedtotallyandpermanentlydisabled.
seafarer is
still unable to resume his regular seafaring duties
In United Philippine Lines v. Sibig and Magsaysay Maritime
(Sec2[b],RuleVIIAREC). Despite the binding effect of the third doctor's assessment, a
Corporation vs. Lobusta, the Court affirmed
the
award of
US$60K as
dissatisfied party
may
institute a complaint with
the
LA
to
contest
★ According to Kestrel Shipping Co., Inc. v.
Munar10 2013, while permanent as
permanent and
total disability
benefits where after the
thesameonthegroundof
the seafarer is partially injured or disabled, he must not be lapse of 240 days there was no declaration issued by the
company
doctor. 1) evidentpartiality,
precluded from earning doing the same work he had before his
injury or disability or that he is
accustomed or
trained
to
do. In Carcedo v. Maine Marine Philippines, Inc., the seafarer was 2) corruptionofthethirddoctor,
Otherwise, if his illness or disability prevents him from discharged from the
hospital 137 days after repatriation. He returned 3) fraud,otherunduemeans,
engaging in gainful employment for more than 120 days or 240 to
the
hospital 9 days after
for a check-up where the doctor noted the
4) lackofbasistosupporttheassessment,or
days, as in the case at bar, then he is deemed totally and wound was still open and that the seafarer needed to continue
permanentlydisabled. medication. The doctor had
nearly 100 days within which to give the 5) being contrary to law or settled jurisprudence. (Sunit v.
finaldisabilityassessment,yetgavenone.TheCourtconcludedthat: OSMMaritimeServices2017)
★ In
Crystal Shipping, Inc. v.
Natividad11, the Court ruled that it is
of no consequence that he recovered, for
what
is important is The company doctor failed to give
a definitive impediment j) Seafarer’sDeathBenefit:DeathNeedNotHaveOccurred
that he was unable to perform his customary work for more rating of Carcedo’s disability beyond the extended temporary DuringTermofEmployment
than120days,andthisconstitutespermanenttotaldisability. disability period, after 120-day period but less than 240 days. By C.F.SharpCrewManagement,Inc.v.HeirsofRepiso2016
operation of
law,
Cardcedo’s total and temporary disability
AlphaShipManagementCorporationv.Calo2013 lapsedintoatotalandpermanentone. The claim for benefits is based on Sec 20(A) of the 1996
POEA-SEC: In the
PH currency at
the
time
of
payment in
the amount
An
employee’s disability becomes permanent and total when so i) Third-doctorReferral of
US$50K + US$7K for every child under 21, but not exceeding
declared by the
company-designated physician, or, in case of absence Carcedov.MaineMarinePhilippines,Inc.2015 4children(thus,maximumofUS$78K).
of such a declaration either of fitness or permanent total disability, The phrase
“death of
seafarer during
the
term of his contract” in
upon the lapse of the 120- or 240-day treatment period, while the In Philippine Hammonia Ship Agency vs. Dumadag12, the
Court Section 20(A)(1) of the 1996 POEA-SEC should not be strictly and
employee’s disability continues and
he is unable to engage in gainful lamented: literally construed to mean that the seafarer’s death should have
employment during such period, and the company-designated The provision is intended to settle disability claims occurred during the term of his employment; it is enough that the
physician fails to arrive at a definite assessment of the employee’s voluntarily
at
the
parties’
level
where
the
claim
can
be
resolved work-related injury or illness which eventually caused his death
speedilythaniftheywerebroughttocourt. occurredduringthetermofhisemployment.
10
RNo198501,January30,2013
G
11 12
GRNo154798,October20,2005 GRNo194362,June26,2013
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 32of122
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k) Seafarer’s Protection; New Law Against Ambulance EmploymentConditions:SecurityofTenure The complainant signed an employment contract to teach at
Chasing. RA No 10706 or the Seafarers Protection Act Alemanya University in
Ethiopia.
The contract was duly approved by
a) Sec
17
of
POEA-SEC: Disciplinary procedures. The following
declaresa
mbulancechasingacriminaloffense.E lementsare: the
POEA. Article X of
said contract
provided for
an
EAW stipulation
shallbecompliedbytheMasteragainstanerringseafarer:
1) A person or his agent solicits from a seafarer or his that gives three month notice to the other party should one party
i) There shall be a written notice containing the decide to terminate said contract
without cause. Status
quo
shall
be
heirs, the pursuit of a claim against the employer of
following: observed, i.e. employee shall still be fully engaged, and entitled to her
theseafarer;
1) Groundsforthecharges; salaryandallowancesforthe3-monthperiod.
2) Such
claim is
for
the
purpose of recovery of monetary
award or benefits arising from accident, illness or 2) Date, time and place for a formal The SC upheld the legitimacy of
the
termination noting
that
the
death,includinginterest;and investigation. contract
was legally binding between the parties and was exercised in
goodfaith.
3) The pursuit is
in
exchange of
an
amount or fee
which ii) An investigation or hearing shall be conducted that
shall be retained or deducted from the awarded or must be duly documented and entered into
the
ship’s d) EAW not valid in Local Employment. In local employment,
grantedbenefit. logbook. the governing law is the security of tenure principle inscribed
★ The
total
compensation of
the
person representing the seafarer iii) Should a penalty
be
justified,
the
Master shall
issue a in the Constitution13 and in the Labor Code14. One’s job is
shallnotexceed1
0%ofthemonetaryaward. written notice of penalty and its reason to the property and no employee can be dismissed without valid
seafarer,withcopiesfurnishedtothePHagent. causeallowedbylaw.
l) Invalid Side Agreement. An agreement that diminishes the
employee’s pay and benefits is void, unless such
subsequent iv) Dismissal without notice may be justified if there is e) Pre-termination of
Employment;
Relief.
Sec
10
RA
No
8042
agreementisapprovedbythePOEA. clear
and existing danger to
the
ship and crew. The entitledtheemployeeto:
Master shall send a complete report to the manning i) Full reimbursement of his placement fee with 12%
Chavezv.Bonto-Perez,Rayala,etal
agency along with
supporting documents as proof and interestperannum;
Petitioner, hired as an entertainer in Japan, entered into a evidence.
ii) His salaries for the unexpired portion of his
standard employment contract through a PH placement agency for b) IllustrativecaseofIllegalDismissal
employmentcontractxxxx.
2-6 months, at a monthly wage of US$1.5K. The contract was
Maersk-FilipinasCrewing,etal.v.Avestruz2015 NB: The three-month salary option in Sec 10(2) was ruled
approved by
the
POEA. Thereafter, Chavez executed a side agreement
with her Japanese employer decreasing her wage to US$750 and unconstitutional in Serrano v. Gallant15. Congress
A
chief
cook and
the
vessel’s
captain
had a heated argument. On
further deducting US$250 as manager’s commission. Soon after reincorporated the
annulled
clause
through RA 10022 in 2010.
the same day,
the
cook
was dismissed
from service. Two days
later,
returning to PH, she sought to recover
US$6K as
unpaid salary.
The SC reiterated in Sameer Overseas Placement v. Cabiles16 the
hedisembarkedtoreturntothePH.
POEA dismissed the complaint holding that
the side agreement was infirmityofsuchclause.
The SC affirmed the finding of the CA that the cook was not
valid. f) Legal Interest Rate: 6% or 12%. The placement fee to be
afforded procedural due process for not observing the two notice
The side agreement which
reduced petitioner’s wage is null and reimbursed should bear a 12% interest, notwithstanding BSP
rule.
void for violating
the
POEA’s
minimum employment standards, and Circular No 799 of 2013 that lowered the interest rate to 6% per
fornothavingbeenapprovedbythePOEA. c) Employment-at-will (EAW) may be valid in Overseas annum. For awards of salary of the unexpired portion of
Employment. EAW is a contract of employment that may be employment contract, however, the 6% rate applies because the
m) Period to File OFW Claims. Art 291 of the Labor Code terminated with
or
without cause. This
is
binding
if freely and lawdidnotprovideforaspecificinterestrate.
provides for 3 years from the date of
the
seafarer’s return
to expressly stipulated in writing between the foreign employer
the point of
hire.
Sec
28
of
POEA-SEC which only
provides for andtheOFW.T erminationshouldbeingoodfaith. 13
S ec3(2)ArtXIII.
oneyearwasdeclarednullandvoid. 14
Art294.
GBMLTManpowerServicesv.Malinao2015 15
601Phil.245(2009)
16
GRNo170139,August5,2014L
eonenEnBanc
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g) Termination of
employment of
Seafarers.
Sections 2 and 18 within the probationary period. The terms
and
conditions must not
Becmen and White Falcon, as licensed local recruitment agencies,
of DO No 4 and Memorandum Circular No 09 Series
of
2000 miserably failed to abide by the provisions of R.A. 8042. be
contrary to
law, morals, good customs, public order or policy. The
provide for the Standard Terms and Conditions Governing the Recruitment agencies are expected to extend assistance to above-cited clause is contrary to law because as discussed, our
Employment of Filipino Workers on Board Ocean Going their deployed OFWs, especially those in distress. Instead,
they Constitution guarantees that employees, local or overseas, are
Vessels. In
a nutshell,
three
(3)
requirements are necessary for abandonedJasmin'scaseandallowedittoremainunsolved. entitled to security of tenure. To allow employers to reserve a right to
terminate employees without cause is violative of
this
guarantee of
thecompleteterminationoftheemploymentcontract17: Clearly, Rajab, Becmen and White Falcon's acts and omissions are securityoftenure.
i) Duetoexpirationorotherreasons/causes; against public policy because they undermine and subvert the
interest
and
general
welfare
of
our
OFWs abroad, who are entitled to Second, the new contract was not shown to have been processed
ii) Signingofffromthevessel;and fullprotectionunderthelaw. through the POEA. Under our Labor Code, employers hiring OFWs
may only do
so
through entities
authorized by the
SOLE. Unless
the
iii) Arrivalatthepointofhire. The grant of moral damages to the employee by reason of misconduct employment contract
of
an
OFW is
processed through the POEA, the
on
the
part
of
the
employer
is
sanctioned by Article 2219 (10) of the samedoesnotbindtheconcernedOFW.
h) Domestic seafarer. Under Art 295, seafarers in ocean-going
Civil Code, which allows recovery of such damages in actions
vessels are
contractual employees. Domestic
seafarers, on the referredtoinArticle21. Third, under this new contract, Dagasdas was not afforded
other hand, are entitled to security-of-tenure, as reiterated in procedural due process when he
was
dismissed from work. He
was
DONo231,June7,2013,andcanbecomeregularemployees. Dagasdasv.GrandPlacement&GeneralServicesCorp2017 simply given a notice of termination. In fact, it appears that ITM
intendednottocomplywiththetwinnoticerequirement.
BecmenServiceExporterandPromotionInc.v.Cuaresma Our laws
generally apply even to
employment contracts of
OFWs
as
Lastly, while
it
is
shown
that
Dagasdas
executed a waiver in favor of
our Constitution explicitly provides that the State shall afford full
While the "employer's premises" may be
defined very broadly not hisemployer,thesamedoesnotprecludehimfromfilingthissuit.
protection to labor, whether local or overseas. Thus, even if a Filipino
only to include premises owned by it, but also premises it leases, All
told,
the
dismissal of
Dagasdas was
without
any
valid cause and
is
employed abroad, he or she is entitled to security of tenure, among
hires, supplies or
uses, the
dormitory provided for
by the
employer due process of law. Hence, the NLRC properly ruled that Dagasdas
otherconstitutionalrights.
should not constitute employer's premises as
would allow a finding wasillegallydismissed.
that death or injury therein is considered to have been incurred or WONDagasdaswasvalidlyterminatedfromwork.
sustainedinthecourseoforaroseoutofheremployment. NO. Security of tenure remains even if
employees, particularly PrincessTalentCenterProductionIncv.Masagca2018
the OFW, work in a different jurisdiction. Since the employment
WON the Cuaresmas are entitled to monetary claims, by way of Considering the explicit language of the
second paragraph of
Section
contracts of
OFWs are perfected in the Philippines, and following the
benefitsanddamages,forthedeathoftheirdaughterJasmin. 10 of Republic Act No. 8042, the joint and several liability of the
principle of lex loci contractus, these contracts are
governed by
our
YES. The Cuaresmas are entitled to moral damages, which Becmen principal/employer, recruitment/placement agency, and the
laws, primarily the Labor Code of the Philippines and its
and White Falcon are jointly and solidarily liable to pay, together corporate officers
of
the
latter,
for
the money claims and damages of
implementing rules and regulations, At the same time, our laws
withexemplarydamages. anoverseasFilipinoworkerisabsoluteandwithoutqualification.
generally apply even to employment contracts of OFWs as our
The next inquiry is, should Jasmin's death be considered as Constitution explicitly provides that the State shall afford full WON only SAENCO should be answerable for respondent's illegal
work-connected and thus compensable? The
evidence indicates
that protection to labor, whether local or overseas. Thus, even if a Filipino dismissal because petitioners were not privy to the extension of
itisnot.Atthetimeofherdeath,shewasnotonduty. is
employed abroad, he or she is entitled to security of tenure, among respondent's Employment Contract beyond the original six-month
otherconstitutionalrights. period.
The Court cannot subscribe to the idea that Jasmin committed suicide
while halfway into her employment contract. The
autopsy report of In this case, prior to his deployment and while still in the NO. Respondent's monetary claims against petitioners and
SAENCO
the Cabanatuan City Health
Officer
and the
exhumation report
of
the Philippines, Dagasdas was made to sign a POEA-approved contract is
governed by
Section 10
of
Republic Act No. 8042. The Court finds
NBI categorically and unqualifiedly show that Jasmin sustained with GPGS, on
behalf
of ITM;
and,
upon
arrival
in
Saudi
Arabia, ITM that respondent had been paid her salaries for
the
nine months she
external and internal injuries. These show that Jasmin was made him sign a new employment contract. Nonetheless, this new worked in Ulsan, South Korea, so she is no longer entitled to an award
manhandled-andpossiblyraped-priortoherdeath. contract,whichwasusedasbasisfordismissingDagasdas,isvoid. ofthesame.
First, Dagasdas' new contract is in clear violation of his right to Nonetheless, pursuant to the fifth paragraph of Section 10 of Republic
security of
tenure.
There
is
no
clear justification for the dismissal of Act No. 8042, respondent is entitled to an
award
of
her
salaries
for
Dagasdas other than the exercise of ITM's right to terminate him the unexpired three months of her extended Employment Contract.
17
A
poShipManagementCo.v.Casenas.GRNo197303,June4,2014
BasedontheLecturesofA
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The said
amount,
similar
to
backwages, is
subject to legal interest of WONAICIisliableforrespondents'illegaldismissal. Putting a cap on the
money claims of
certain overseas workers does
per annum from respondent's illegal dismissal to the date this not
increase the standard of protection afforded to them. On the other
Decisionbecomesfinalandexecutory. YES. Section 10 of RA 8042, as
amended; expressly provides that
a
recruitment agency, such as
AICI,
is
solidarily
liable with the foreign hand, foreign employers are more incentivized by the reinstated
The joint and several liability of the principal/employer, employer for money claims arising out of the clause to enter into contracts of
at
least
a year because it gives them
recruitment/placement agency, and the corporate officers of the latter, employee-employerrelationshipbetweenthelatterandtheOFW. more flexibility to violate our overseas workers' rights. Their
for the money claims and damages of an OFW is absolute and liability for
arbitrarily terminating overseas workers is
decreased at
without qualification. TheOFW is given the right to seek recourse Jurisprudence explains that
this
solidary liability
is
meant
to
assure theexpenseoftheworkerswhoserightstheyviolated.
against the only link in the country to the foreign principal/employer, the
aggrieved worker of
immediate and sufficient payment of what is
due
him,
as
well as
to
afford overseas workers an additional layer of A statute declared unconstitutional "confers no rights;
it imposes no
i.e., the recruitment/placement agency and its corporate duties; it affords no protection; it creates no office; it is inoperative as
officers. As a result,
the
liability
of
SAENCO, as
principal/employer, protectionagainstforeignemployersthattendtoviolatelaborlaws.
if it has not been passed at all." Incorporating a similarly worded
and petitioner PTCPI, as recruitment/placement agency, for the provision in a subsequent legislation does not cure its
Aldovinoetal.v.Gold&GreenManpowerManagement&
monetary awards in favor of respondent, an illegally dismissed unconstitutionality. As such, we reiterate our
ruling in Sameer that
employee, is joint and several. In turn, since petitioner PTCPI is a DevelopmentServices2019Leonen,J
the reinstated clause in Section 7 of Republic Act No.
10022 has no
juridical entity, petitioner Moldes, as its
corporate officer,
is
herself The clause "or for three (3)
months
for
every
year of
the
unexpired forceandeffectoflaw.I tisunconstitutional.
jointly and solidarily liable with petitioner PTCPI for respondent's term, whichever is less" as reinstated in Section 7 of Republic Act No.
monetary awards, regardless of whether she acted with malice or bad 10022 is unconstitutional, and has no force and effect of law. It 10.Securityguards
faithindealingwithrespondent. violates due process as it deprives overseas workers of their
monetaryclaimswithoutanydiscerniblevalidpurpose. ➔ see DOLE DO No. 150-16, S. 2016 (Revised Guidelines
AugustinInternationalCenterv.Bartolome2019 Governing the Employment and Working Conditions of Security
WON petitioners are entitled
to
the payment
of their salaries for the
WONtheLAhadjurisdictionoverthecomplaint. Guards and other Private Security Personnel in the Private
unexpired portion of their employment contract. Subsumed under
YES. Section 10 of RA 8042, as amended by RA 10022, explicitly this is the issue of whether or not Section 7 of Republic Act No. SecurityIndustry);
provides that LAs have original and exclusive jurisdiction over 10022, which reinstated the
three (3)-month cap, has
the
force
and ➔ see DOLE Labor Advisory No. 15, S. 2019 dated
December
claims arising out of employer-employee relations or by virtue of effectoflaw.
27, 2019, Clarificatory Guidelines on DOLE DO No. 150, S.
any law or contract involving Filipino workers for overseas YES. In Serrano, this Court ruled that the clause "or for three (3)
deployment,asinthiscase. 2016;
months for every year of the unexpired term, whichever is less"
Settled is the rule that jurisdiction over the subject matter is under Section
10
of the
Migrant Workers and Overseas Filipinos Act ➔ RA5487(PrivateSecurityAgencyLaw)
conferred by law and
cannot be
acquired or
waived by agreement of is
unconstitutional for
violating the equal protection and substantive
➔ see also DOLE Labor Advisory No. 01, S. 2014 for
the parties. As herein applied, the dispute settlement provision in dueprocessclauses.
respondents' employment contracts cannot divest the LA of its ContractingArrangementTime&IntervalofPaymentofWages.
Later, however, this clause was kept
when
the
law
was
amended
by
jurisdiction over the illegal dismissal case. Hence, it
correctly
took RepublicActNo.10022in2010.
cognizanceofthecomplaintfiledbyrespondentsbeforeit.
SummaryofSpecialBenefits
NameofBenefit Source Provision Requirementforavailment Beneficiary ExemptionsandExclusions
13thmonthpay PD851asamended Equivalentto1 /12ofthetotalbasic Workedforatleast1
monthduringa 1. Rank-and-fileemployees 1. Government;
salaryearnedwithinacalendaryear, calendary ear 2. Domestichelpers 2. Alreadypaying13thmonthpay
16Dec,1975 BatasKasambahay,RA tobepaidnotlaterthanDec24. 3. Piece-rateemployees oritsequivalent;
10361,IRR 3. Inthepersonalserviceof
another;
4. Commission-based,boundaryor
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 35of122
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taskbasis,paidbyresult.
PaternityLeave RA8187.PaternityLeave Entitledtofullpay,consistingofbasic 1. Anemployee; Marriedmaleemployee,p rovidedheis,
Actof1996 salary,forthe7 daysofpaternity 2. Cohabitingwithspouse; duringdeliveryormiscarriage:
PublishedonJune leave,foruptothef irstfour(4) 3. HasappliedforPL;
20,1996 IRR deliveries. 4. Legitimatespousegavebirthorhad
amiscarriage.
MaternityLeave RA11210.105-Day onehundredfive(105)days Cannotbedeferredbutshouldbe Femaleemployee;
ExpandedMaternityLeave maternityleavewithfullpayandan availedofeitherbeforeorafterthe incasetheworkerqualifiesasas olo
Law optiontoextendforanadditional actualperiodofdeliveryina parenttheworkershallbegrantedan
thirty(30)dayswithoutpay continuousanduninterruptedmanner, additionalfifteen(15)daysmaternityleave
IRR notexceedingonehundredfive(105) withfullpay.
days
RA8552.Domestic Samebenefitsasthatofbiological Iftheadopteeisb elow7yearsoldas Adoptiveparents
AdoptionActof1998 parents ofdateheisplacedinPre-Adoptive
PlacementAuthority
RetirementPay Art302[287] One-halfmonthsalaryforevery 1. OptionalAge:60;Compulsory:65 1. Allemployeesinprivatesector; 1. NationalGov,LGCs,GOCCsunder
yearofservicethatincludes: 2.5yearminimumservice; 2. Part-timers; CivilServiceLaw;
1.15dayslatestsalaryrate;andif 3. Eligibleforretirement; 3. Employeesofserviceandotherjob 2.Retail,service,agriestablishments
entitledto contractors; regularlyemployingn otmore
RA10757onSurfaceMine 2. Cashequivalentofs ervice Optional:50; 4. Kasambahaysorpersonsinthepersonal than10.
Workers incentiveleave=5days; Compulsory:60. serviceofanother; 3. Dismissedfromworkduetojust
3.1/12ofthe13thmonthpay=2 .5 5. Undergroundmineworkers; cause.
RA10789onRacehorse days; Compulsory:55. 6. EmployeesinGOCCsorganizedunder
Jockeys CorpCode.
1/2MS=15+5+2.5=22.5 d ays
ParentalLeave RA8972.SoloParent Parentalleaveofnotmorethan7
1. Hasrenderedserviceforatleast1
Soloparent,orotherpersonwhosolely
WelfareAct dayseveryyear. year; providesparentalcareandsupporttoa
2. Notifiedemployer; childorchildren.
IRR Flexibleworkschedule; 3. PresentedaSoloParentID.
Pleaseseelistbelow.
Protectionfromworkdiscrimination.
SeniorCitizens RA9994,ExpandedSeniorCitizensActof2010anditsI RR
Personswith RA10524,amendingMagnaCartaforPersonswithDisabilityanditsI RR
Disabilities
BatteredWoman’s RA9262.VAWC 10daysofpaidleave,whichis CertificationfromPunongbrgy, VictimsofabuseunderVAWC
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 36of122
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Leave extendible. ProsecutororClerkofCourt.
Gynecological RA9710.MagnaCartaof Specialleaveof2
monthswithfull Continuousaggregateserviceofat Femaleemployeeundergoinggynecological
Leave Women paybasedongrossmonthly least6monthsforthelast12months. surgery.
compensation.
Nursing RA10028,ExpandedBreastfeedingPromotionActof2009
Employees IRR,DOLEDO143-15
i.Justcauses
ConceptofEmployer/Employee
IV.POST-EMPLOYMENT
ii.Authorizedcauses Inlaborstandards
A.Employer-employeerelationship b.Proceduraldueprocess "Employer" includes
any
person acting directly or indirectly in the
1.Teststodetermineexistence interest
of
an employer in relation to an employee and shall include
2.Preventivesuspension
the government and all its branches, subdivisions and
2.Legitimatesubcontractingasdistinguishedfromlabor-only 3.Illegaldismissal instrumentalities, all
GOCCs and
institutions, as
well
as
non-profit
contracting a.Kinds privateinstitutions,ororganizations.( Art97[b])
a.Elements "Employee" includes any individual employed by an employer.
i.Nojustorauthorizedcause
(Art97[c])
b.Trilateralrelationship ii.Constructivedismissal
Inlaborrelations
c.Liabilities (a)Burdenofproof "Employer" includes any person acting in the interest of an
3.Kindsofemployment (b)Liabilityofofficers employer, directly or indirectly. The term shall not include any
labor organization or any of its officers or agents except when
a.Regular (c)Reliefsfromillegaldismissal actingasemployer.( Art219[212](e))
b.Casual 4.Moneyclaimsarisingfromemployer-employeerelationship "Employee" includes any person in the employ of an employer.
c.Contractual 5.Whennotdeemeddismissed;employeeonfloatingstatus The term shall not be limited to the employees of a particular
employer, unless the Code so
explicitly states.
It
shall include
any
d.Project C.Terminationbyemployee individual whose work has ceased as a result of or
in connection
e.Seasonal 1.Withnoticetotheemployer with any current labor dispute or because of any unfair labor
practice if he has not obtained any other substantially equivalent
f.Fixed-term 2.Withoutnoticetotheemployer andregularemployment.( Art219[212](f))
g.Probationary;privateschoolteachers 3.Distinguishvoluntaryresignationandconstructive
B.Terminationbyemployer
A.Employer-employeerelationship
dismissal
It
is
in personam and involves the rendition of personal service by
1.Requisitesforvalidity D.Retirement
theemployee,andpartakesofmasterandservantrelationship.
a.Substantivedueprocess
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 37of122
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Its existence is a question of law and fact. Its determination is c. Commencement of ER-EE relationship occurs when 2. The underlying economic realities of the activity or
important to
ascertain if
the
Labor
Code is
to
be
applied in settling thefour-foldtestisdulymet. relationship, i.e. employee’s economic dependence on the
the issues and disputes between the parties. If indeed there is an employer.
2. In the 2016 Century Properties case, SC said that the
ER-EE relationship, the
Labor Code applies and the Labor Tribunals Dependsuponthecircumstancesofthewholeeconomicactivity:
employment status
of
a person is
defined and
prescribed by
have jurisdiction. Otherwise, the case goes to regular courts
law
and
not
by
what
the parties
say it
should
be.
It
can not be 1. The broad extent to which the services performed are an
applyingotherlaws,i.e.theCivilCode.
negatedbyexpresslyrepudiatingitinacontract. integralpartoftheemployer’sbusiness.
Substantial evidence is
sufficient
in
establishing
the
existence of
3. In the 2011 Tongko case, SC aptly described the
primary
and 2. The limited extent of the worker’s investment in the
ER-EERelationship.
controlling test in determining the existence of an ER-EE equipmentandfacilities.
ER-EERelationshipDistinguishedfromOtherRelationships
relationship as
the
control
over the performance of the task 3. Thenatureandhighdegreeofcontrolbytheemployer;
Employer Principal Principal oftheoneprovidingtheservice.
Employee Agent Contractor 4. Theworker’sl imitedopportunitiesforprofitandgrowth;
4. LawsthatexpresslyN
EGATEe xistenceofER-EErel:
5. The small amount of initiative, skill, judgment or foresight
Law LC CC CC a. RealEstateServiceAct; requiredforthesuccessoftheclaimedindependententerprise;
Tribunal LA,NLRC Regular Regular b. 1994Dual-TrainingSystemAct; 6. Thehighdegreeofp
ermanencyanddurationofrelationship;
c. RA10869,Job-StartPHAct; 7. The degree of dependency of the worker
upon
the
employer
Selection ER PR PR
forhiscontinuedemployment.
1.Teststodetermineexistence
Discipline ✔ ✔ ✘ Howtodetermine?
TheFour-FoldTest
1. Numberofyearsinthecompany;
Wages ✔ ✔ ✔ 1. SelectionandEngagementofemployees;
2. ReportedtoSSS(agoodindicatoroftreatmentasemployee);
2. PaymentofWages;
ControloverMeans ✔ ✔ ✘ 3. Registeredinthepayroll;
3. PowerofDismissal;
Controlover 4. ID;
✔ ✔ ✔ 4. ⭐ Power of Control over employee’s conduct and over the
Results 5. Companyuniform.
means, manner and method by which the work is to be
Liability Subsidiary Solidary Subsidiary accomplished. Thistestisusedwhenthereisnoexistingemploymentcontract.
Whether the employer controls or has reserved the right to Luv.Enopia2017
PersonalityofEE Natural Any Any
control the
employee not
only as to the result of the work done
The fact that petitioner had registered the respondents with SSS is
Actofsubordinate but
also
as
to
the
means
and
methods by which the same is to proof that they were indeed his employees. The coverage of the Social
anactofMaster
✘ ✔ ✘ beaccomplished. Security Law is predicated on the existence of an employer-employee
EconomicRealityTest( Two-TieredTest)
relationship.
1. On perfection of employment contract
and
commencement
of
1. The putative employer’s power to
control the
employee with It
was
established that petitioner exercised control over respondents.
ER-EErelationship
It
should be
remembered that
the
control
test
merely
calls for the
respect to
the
manner
and methods by
which the work is to be
a. Theyarenotthesame. existence of the right to control, and
not
necessarily the
exercise
accomplished;and thereof.
b. An employment contract is consensual in
nature
and
isperfecteduponmeetingoftheminds. The payment of
respondents'
wages
based on the percentage share of
the fish catch would not be sufficient to negate the
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 38of122
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employer-employeerelationshipexistingbetweenthem. which this Court has adopted in determining the existence of AmericanPowerConversionCorpv.Lim2018reQuasi-Contract
employer-employeerelationship.
Petitioner
wielded the
power of
dismissal over respondents when he We have this unique situation where respondent was hired directly
dismissed them after they refused to sign the joint fishing venture Thus, the fact that petitioner continued to work for
other
hospitals by APCC of the U.S.A., but was being paid his remuneration by a
agreement. strengthens the proposition that petitioner was not wholly dependent separate entity — APCP BV of
the
Philippines, and is supervised and
onCDMC. controlled by
APCS from Singapore and APC Japan - all in furtherance
Reyesv.Doctolero2017 of
APCC's objective of
doing business here unfettered by government
Petitioner
likewise admitted that
she receives
in full her 4% share in
regulation.
Vicarious liability is applicable only if there is an the
Clinical
Section
of
the
hospital regardless of the number of hours
employer-employee relationship. This employer-employee sheworkedtherein.T heruleisthat Foralllegalpurposes,APCCisrespondent'semployer.
relationship cannot
be
presumed but
must
be
sufficiently
proven
by a. whereapersonwhoworksforanother
theplaintiff. 2.Legitimatesubcontractingasdistinguishedfrom
b. performshisjobmoreorlessathisownpleasure,
In Mamaril v. The Boy Scout of
the
Philippines, we
found that there labor-onlycontracting
c. inthemannerheseesfit,
was no employer-employee relationship between Boy Scouts of
the ART 106. Contractor or Subcontractor. — Whenever an
Philippines (BSP) and the security guards assigned to it by an agency d. notsubjecttodefinitehoursorconditionsofwork,and
employer enters into a contract with another person for the
pursuant to a Guard Service Contract. In the absence of such e. is
compensated according
to
the
result of his efforts and not
relationship, vicarious liability under Article
2180
of
the
Civil Code theamountthereof, performance of
the former's
work, the
employees of
the contractor
cannot apply as against BSP. Similarly, we find no and
of
the
latter's subcontractor, if
any,
shall
be
paid in accordance
noemployer-employeerelationshipexists.
employer-employee relationship between MCS and respondent withtheprovisionsofthisCode.
guards. The guards were merely assigned by Grandeur to secure MCS' Fernandezv.KalookanSlaughterhouse2019
premises pursuant to their Contract of Guard Services. Thus, MCS In the event that the contractor or subcontractor fails to pay the
cannot be held vicariously liable for damages caused by these It is common practice
for
companies to provide identification cards wages of his employees, the employer shall be jointly and
guards'actsoromissions. to individuals not
only
as
a security
measure, but
more
importantly severally liable with his contractor or subcontractor to such
to identify the
bearers
thereof as
bona fide employees of
the
firm or
Loreche-Amitv.CagayanDeOroMedicalCenter2019 employees to the
extent
of
the
work performed under the
contract,
institutionthatissuedthem.
in the same manner and extent that he is liable to employees
ECONOMIC REALITY TEST; The benchmark of
economic
reality in WONFernandezwasanemployeeofKalookanSlaughterhouse. directlyemployedbyhim.
analyzing possible employment relationships for purposes of
applying
the
Labor
Code
ought
to
be the economic dependence of the YES. The Court in Masonic Contractor, Inc. v. Madjos ruled that the seeDONo.174s.2017
workeronhisemployer. fact that the company provided identification cards and
uniforms and the vague affidavit of the purported employer were a.Elements
WONLoreche-AmitwasanemployeeofCDMC. sufficient evidence to prove the existence of employer-employee
There is "labor-only" contracting where the person supplying
NO. CDMC, through the Board of Directors, exercised the power to relationship.
workerstoanemployer
select and supervise petitioner as the Pathologist. It must be Further, petitioner was able to
submit an
I.D.
in
addition to
the
gate
emphasized that
petitioner
was
appointed as
Pathologist with a term passes.
The trip
ticket
and the log
sheets also showed that Kalookan 1. does
not
have
substantial
capital
or
investment
in
the
form
of
five
years. She
was
likewise
paid
compensation which is at 4% of Slaughterhouse engaged petitioner. These are
sufficient to
prove that of tools, equipment, machineries, work premises, among
thegrossreceiptsoftheClinicalSectionofthelaboratory. petitionerwasengagedbyKalookanSlaughterhouse. others,and
However, CDMC does not exercise the power of control over Kalookan Slaughterhouse, through Tablit, was the one who engaged 2. the workers recruited and placed by such person are
petitioner. petitioner, paid for his salaries, and in effect had the power to
performing activities which are directly related to the
dismiss him. Further, Kalookan Slaughterhouse exercised control
Petitioner was working for two other hospitals aside from CDMC, not principalbusinessofsuchemployer.
over petitioner's conduct through De Guzman. To the mind of the
to mention those other hospitals which she caters to when her
Court, Kalookan Slaughterhouse was petitioner's employer and it "Labor-only contracting" — refers to an arrangement where the
services are needed. Such fact evinces that petitioner controls her
exercised its rights as an employer through Tablit and De Guzman, contractor
or
subcontractor
merely recruits, supplies or places workers
working hours. On this note, relevant is the economic reality test
whowereitsemployees.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 39of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
to
perform a job
or work for a principal, and the elements hereunder are c) In performing the work farmed out, the contractor or labor-only contracting under Section 5 and other illicit forms of
present. subcontractor is free from the control and/or direction
of employment arrangements under Section 6 of these Rules, the
Labor-only contracting, which is totally prohibited, refers to an the principal in all matters connected with the performance of principal
shall
be deemed the direct employer of the contractor's or
arrangementwhere: theworkexceptastotheresultthereto;and subcontractor'semployees.
a) d) The Service Agreement ensures compliance with all the Solidary
Liability.
— In
the
event
of
violation
of
any
provision of
rights and benefits for all the employees of the contractor or the Labor Code, including the failure to pay wages, there exists a
i) The contractor or subcontractor does not have
subcontractorunderthelaborlaws. solidary liability
on
the
part of
the
principal and the contractor for
substantialcapital,OR
purposes of enforcing the provisions of the Labor Code and
other
ii) The contractor or subcontractor does not have b.Trilateralrelationship social legislations, to the extent of the work performed under
the
investments in the form of tools, equipment, Trilateral Relationship in Contracting Arrangements. — In employmentcontract.
machineries, supervision, work premises, among legitimate contracting, there exists a trilateral relationship under NestlePhilippinesInc.v.Puedan,Jr2017
others,AND which
there is
a contract for
a specific job, work or service between the
WON ODSI
is a labor-only contractor of NPI, and consequently, NPI is
iii) The contractor's or subcontractor's employees principal and the contractor or subcontractor, and a contract of respondents' true employer and, thus, deemed jointly and
severally
recruited and placed are performing activities which employment between the contractor or subcontractor and
its workers. liablewithODSIforrespondents'monetaryclaims.
are directly related to the main business Hence, t
here a
re t
hree p
arties i
nvolved i
n t
hese a
rrangements,
NO. A closer examination of the Distributorship Agreement reveals
operationoftheprincipal;OR 1. the principal which decides to farm out
a job
or
service
to
a that
the relationship of
NPI and
ODSI is not that of
a principal
and
a
b) The contractor or subcontractor
does
not
exercise
the
right contractororsubcontractor, contractor, but that of a seller and a buyer/re-seller. Therefore, the
reselling activities allegedly performed by the respondents properly
tocontrolovertheperformanceoftheworkoftheemployee. 2. the contractor or subcontractor which has the capacity to pertain to ODSI, whose principal business consists of the "buying,
"Substantial
capital"—
refers to paid-up capital stock/shares at least independently undertake the performance of the job, work
or selling, distributing, and marketing goods and commodities of every
P5M in the case of corporations, partnerships and cooperatives; in the service,and kind" and "entering into all
kinds of
contracts for
the acquisition
of
suchgoodsandcommodities."
caseofsingleproprietorship,anetworthofa tleastP5M. 3. the contractual workers engaged by the contractor or
subcontractortoaccomplishthejobworkorservice. The stipulations in the
Distributorship Agreement do
not operate to
PermissibleContractingorSubcontracting
control or fix
the
methodology on how
ODSI should
do its
business
Arrangements c.Liabilities as
a distributor of
NPI
products, but merely provide rules of conduct
or guidelines towards the achievement of a mutually desired result
Contracting or subcontracting shall only be ALLOWED if all the EffectsofLabor-onlyContracting
—whichinthiscaseisthesaleofNPIproductstotheendconsumer.
followingcircumstancesconcur: 1. Principal is deemed direct employer of contractor’s
Thus, the
foregoing circumstances show that
ODSI was
not
a labor
a) The
contractor
or
subcontractor
is
engaged
in a distinct and employees; only
contractor of
NPI; hence, the
latter
cannot be
deemed the true
independent business and undertakes to
perform the job
or 2. Contractorwillbetreatedasa
gentofprincipal; employer of respondents. As a consequence, NPI cannot be held
work on its own responsibility, according to its
own manner jointly and severally liable to ODSI's monetary obligations towards
3. Principal’s liability is comprehensive — all
liabilities
under respondents.
andmethod;
laborlaws,notonlytounpaidwages.
b) The contractor or subcontractor has substantial capital to Valenciav.ClassiqueVinylProductsCorp2017
Scopeandnatureofliabilityofprincipaland
carry out the job farmed out by the principal on
his
account, contractor;dutiesandobligations WONValenciaisanemployeeofCMSandnotClassiqueVinyl.
manner and method, investment in the form of tools, When Principal is Deemed the Direct Employer of the YES. Valencia's selection and engagement was undertaken by CMS
equipment,machineryandsupervision; Contractor's or Subcontractor's Employees. — In
the
event
that and
conversely,
this
negates
the
existence
of
such
element insofar as
there
is
a finding
that
the
contractor
or
subcontractor is engaged in ClassiqueVinylisconcerned.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 40of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
theregulationofjobcontracting. and
of the entirety of respondents' business convinces this Court that
Here, to prove that CMS was
a legitimate
contractor, Classique Vinyl
they performed activities which were necessary and desirable to
presented the former's Certificate of Registration with the DTI and Jobcresthassubstantialcapital.
respondents'businessofpoultryandlivestockproduction.
license as a private recruitment and placement agency from the
The records show that as early as the proceedings before the LA,
DOLE. Indeed, these documents are not conclusive evidence of the Phil.PizzaInc.,v.Porras2018
Jobcrest established that it had an authorized capital stock of Php 8M,
status of CMS as a contractor. However, such fact of registration of
Php
2M of
which was
subscribed, and
a paid-up capital stock of Php
CMS prevented the legal presumption of it being a mere labor-only Although not
a conclusive proof of legitimacy, the certification by the
500K, in full compliance with Section 13 of the Corporation Code.
contractorfromarising. DOLE nonetheless prevents the presumption of labor-only
This is notably more than the required capital
under DOLE DO No.
contracting from arising. It gives rise to a disputable presumption
The facts of this case, however, failed to establish that
there is
any 18-A.
thatthecontractor'soperationsarelegitimate.
circumvention of
labor laws
as
to
call
for
the
creation by the statute
Evidently, Jobcrest had substantial capital to perform the business
of an employer-employee relationship between Classique Vinyl and CBMI is a legitimate job contractor, and consequently, the
process services
it provided Sunpower. It has its own office, to which
Valencia. employer of respondents. As the NLRC aptly pointed out, CBMI is
the petitioners admittedly reported to, possessed numerous assets
presumed to
have
complied with
all
the
requirements of a legitimate
Magoetal.,v.SunpowerManufacturingLtd.2018 for the
conduct of
its
business,
and
even continuously earned profit
job
contractor, considering
the Certificates of Registration issued to it
asaresult.
bytheDOLE.
A contractor is presumed to be a labor-only contractor,
unless
the
Sunpowerdoesnotcontrolthemannerbywhichthepetitioners
contractor is able to discharge the burden of overcoming this CBMI has substantial capital and investment. Based on CBMI's
accomplishedtheirwork.
presumption. 2012 General
Information Sheet,
it
has
an
authorized capital stock in
The "right to control" shall refer to the right reserved to the the amount of P10M and subscribed capital stock
in
the
amount of
WONJobcrestisalegitimateandindependentcontractor.
person for whom the services of the contractual workers are P5M,P3.5Mofwhichhadalreadybeenpaid-up.
YES.Inordertobecomealegitimatecontractor,thecontractor performed, to
determine
not only
the end to be achieved, but also the NLRC correctly gave credence to CBMI's claim that it retained
1. musthavesubstantialcapitalorinvestment,and mannerandmeanstobeusedinreachingthatend. control over respondents, as shown by
the
deployment of
at
least
2. must carry a distinct and independent business free from the The fact that the petitioners were working within the premises of one (1) CBMI supervisor in each Pizza Hut branch to regularly
controloftheprincipal. Sunpower, by itself, does not negate Jobcrest's control over the oversee, monitor, and supervise the employees' attendance and
means, method, and result of
the petitioners' work. The
petitioners, performance.
Furthermore, the Court considers job contracting or subcontracting despite working in
Sunpower's plant
for
most of the time, admit that
as permissible when the principal agrees to farm out the The existence of the element of control can also be inferred from
whenever they file their leave application, or
whenever required by CBMI's act of subjecting respondents to disciplinary sanctions for
performance of a specific job, work or service to
the
contractor, their supervisors in Jobcrest, they report to the Jobcrest office.
for
a definite
or
predetermined period of
time,
regardless of whether violations of company rules and regulations as evidenced by the
Designated on-site supervisors from Jobcrest were the ones who variousOffenseNoticesandMemorandaissuedtothem.
such job,
work,
or
service
is
to be performed or completed within or oversaw the performance of the employees' work within the
outsidethepremisesoftheprincipal. premisesofSunpower. Lastly, the NLRC correctly found that no employer-employee
Since the petitioners do not dispute that Jobcrest was a relationship exists between PPI and respondents,
and
that the
latter
duly-registered contractor under Section 11 of DOLE DO No. Abudaetal.,v.L.NatividadPoultryFarms2018Leonen,J were employees of CBMI. Records reveal that respondents applied for
18-02,
there
is no operative presumption that Jobcrest is a labor-only work with CBMI and were consequently selected and hired by the
WON the maintenance personnel
in
L.
Natividad
Poultry
Farms
can latter.
contractor. beconsideredasitsregularemployees.
Conversely, the fact of registration with DOLE does not necessarily LingnamRestaurantv.Skills&TalentEmployment2018
YES. San Mateo and petitioner Del Remedios were not independent
create a presumption that Jobcrest is a legitimate and independent
contractors but labor-only contractors since they did not have The legitimate job contractor provides services, while the labor-only
contractor. The Court emphasizes, however, that the DOLE Certificate
substantial investment in the form of tools, equipment, or work contractor provides only manpower. The legitimate job contractor
of Registration issued in
favor
of
Jobcrest is presumed to have
been
premises. As labor-only contractors, they were considered to be undertakes to perform a specific job for the principal employer, while
issued in the regular performance of official duty. The petitioners
agentsofrespondentL.Natividad. the
labor-only contractor merely provides the
personnel
to
work for
must overcome the
presumption of regularity accorded to the official
act of
DOLE, which is
no
less
than the
agency primarily tasked with A careful review of petitioners' activity as maintenance personnel theprincipalemployer.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 41of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
WON STEP is engaged in labor-only contracting; hence, petitioner
Philippines, Inc.,
the
Court
ruled
that
the sales route helpers of CCBPI a.Regular
were its regular employees. In this case, petitioners had similarly
Lingnam Restaurant is the employer of complainant-respondent Employment is regular where the employee has been engaged to
undertook to bring CCBPI's products to its customers at their delivery
JessieColasteanditisliableforColaste'sillegaldismissal. performactivitieswhichare
points.
YES.RespondentSTEPwasengagedinlabor-onlycontracting. Furthermore, in Quintanar v. Coca-Cola Bottlers, Philippines, Inc., a) Usuallyn
ecessaryo
r
STEP merely acted as a placement agency providing manpower to therein route helpers, like petitioners, were tasked to distribute b) Desirable
petitioner Lingnam Restaurant. The service rendered by STEP in favor CCBPI's products and were likewise successively transferred to
of
Lingnam Restaurant was not
the
performance of a specific job, but agencies after having been initially employed by CCBPI. The Court in
the
usual
business
or
trade
of
the employer. A regular employee may
thesupplyofpersonnel. decreed therein that said helpers were regular employees of CCBPI eitherbe:
notwithstanding the
fact
that
they
were transferred to agencies while
The
work performance of
Colaste is
under the strict supervision and workingforCCBPI. a) Permanent. One who
has
an
indefinite
employment,
whether
control of the client as well as the end result thereof. As assistant passingtheprobationarystageornot;or
cook of
Lingnam Restaurant, Colaste's work is
directly
related to the WON MDTC is an independent contractor and employers of
restaurant business of petitioner. He works in
petitioner's restaurant petitioners. b) Probationary
and presumably under the supervision of its Chief Cook. This falls NO. CCBPI's
contention
that
MDTC was
a legitimate
labor
contractor Twokindsofregularemployees
underthedefinitionoflabor-onlycontracting. andwastheactualemployerofpetitionersdoesnotholdwater.
a) By the nature of their
work.
Usually
necessary
or
desirable
As respondent STEP is engaged in labor-only contracting, the
principal, Lingnam Restaurant shall be deemed the employer of 3.Kindsofemployment intheusualtradeorbusinessofanemployer.
Jessie Colaste. Colaste started working with petitioner since 2006 and b) By the length of service. Have rendered at least 1 year of
heshouldbeconsideredaregularemployeeofpetitioner. ARTICLE 295. Regular and Casual
Employment. — The provisions
of written agreement to
the
contrary notwithstanding and regardless servicewhethercontinuousornot.
Lingatv.Coca-ColaBottlersPhils,Inc.2018 of
the oral
agreement of
the
parties,
an employment shall be deemed TEST of regularity. Reasonable connection between the particular
to be r
egular where the employee has been engaged to perform activityperformedbytheemployeeinrelationtotheemployer.
To determine whether one is an independent contractor, the
possession of
substantial capital
is
only one element. It is necessary activities which are
usually necessary or
desirable in the usual
NB: Repeated rehiring of a job for a fixed period and the
to prove not only substantial capital or investment in tools, businessortradeoftheemployer,except
continuing need for an employee’s service are sufficient
equipment, work premises, among others, but
also
that the
work
of
the employee is directly related to the work that contractor is a) where the
employment has
been fixed for a specific project evidence of the necessity and indispensability of an EE’s
requiredtoperformfortheprincipal. or undertaking the completion or termination of
which has servicetotheER’stradeorbusiness.
been determined at the time of the engagement of the Luv.Enopia2017
WONpetitionerswereregularemployeesofCCBPI.
employeeor
YES. Petitioners' duties were reasonably connected to the very The primary standard for determining regular employment is the
b) where the work or service to be performed
is
seasonal
in
business of CCBPI. They were indispensable to such business reasonable connection between the
particular activity performed by
because without them the products of CCBPI would not reach its natureandtheemploymentisforthedurationoftheseason. the employee in relation to the usual trade or business of the
customers. employer. Respondents' jobs as
fishermen-crew members of F/B MG
An
employment
shall
be
deemed
to casual if it is not covered by
be
28 were directly related and necessary to petitioner's deep-sea
Petitioners have worked for CCBPI since 1993 and 1996 until the theprecedingparagraph: fishing business and they had been performing their job for more
non-renewal of
their
contracts in
2005.
Aside from
the fact that their
Provided, That any
employee who
has rendered at least one year of thanoneyear.
work involved the distribution and sale of the products of CCBPI,
they remained to be working for CCBPI despite having been service, whether such service is continuous or broken, shall be As respondents were petitioner's regular employees, they are entitled
transferred from one agency to another. Hence, such repeated considered a regular employee
with
respect
to
the activity in which to security of tenure under Section 3, Article XIII of the 1987
re-hiring of petitioners, and the performance of the same tasks for he is employed and his employment shall continue while such Constitution.
CCBPI established the necessity and the indispensability of their activityexists. Considering that respondents were petitioner's regular employees,
activities in its business. In addition, in Pacquing v. Coca-Cola
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 42of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
the latter's act of asking them to sign the joint fishing venture RespondentswereregularemployeesofExpedition.
While length of time
may not
be
the
controlling test to
determine
if
agreement which provides that the venture shall be for a period of
Expedition hired respondents as dump truck drivers
and
paid them an
employee is indeed a regular employee, it is vital in establishing if
one year from the date of the agreement, subject to renewal upon
the amount of P620.00 per trip. Expedition wielded the power to he
was hired to perform tasks which are necessary and indispensable
mutual agreement of the parties, and may be pre-terminated by any of
dismiss respondents based on
Expedition's admission that when the totheusualbusinessortradeoftheemployer.
the
parties before the expiration of the one-year period, is violative of
dispatch of drivers became irregular, it tried to accommodate them
the former's security of tenure.
And respondents' termination based The Court, moreover, cannot subscribe to the company's contention
by giving trips when the need arose. The control test
was likewise
on
their refusal
to
sign the same, not
being
shown to be one of those that Geraldo is
not a regular employee but merely a piece-rate worker
established because Expedition determined how, where, and when
justcausesforterminationunderArticle282,is,therefore,illegal. since his
salary depends on
the number of bills he is able to deliver.
respondentswouldperformtheirtasks.
In
Gamboa, Jr.
v.
Villegas, We held
that the payment on a piece-rate
USTv.SamahangManggagawangUST2017 First, respondents were engaged/hired by Expedition as garbage truck basis does not negate regular employment. Payment by the piece is
drivers. Second, respondents received compensation from Expedition just a method of compensation and does not define the essence
WON the CA correctly ruled that Pontesor, et al. are regular
for the services that they rendered to the latter. The fact that oftherelations.
employeesand,consequently,wereillegallydismissedbypetitioner.
respondents were paid on a per trip basis is irrelevant in determining
YES. The law provides for two (2) types of regular employees, the
existence of an employer-employee relationship because this was b.Casual
namely: merely the method of computing the proper compensation due to
Anemployeeisconsideredcasualif:
respondents. Third, Expedition's power to dismiss was apparent
1. those who are engaged to perform activities which are
when work was withheld from respondents as a result of the a) Employed to perform work merely incidental
to
the
trade
or
usually necessary or desirable in the usual business or
termination of the contracts with Quezon City and Caloocan City. businessofemployer;
tradeoftheemployer(firstcategory);and
Finally, Expedition has
the power of
control over
respondents in
the
2. those who have rendered at least one year of service, performanceoftheirwork. b) Employmentisforadefiniteperiod;
whether continuous or broken, with respect to the activity in
whichtheyareemployed(secondcategory). Respondents were neither independent contractors nor project c) Employment status was made known at the time of
employees. There was no
showing that respondents have substantial engagement.
Here, petitioner repeatedly rehired respondents for various positions capital or
investment and that
they
were performing activities which
in the nature of maintenance workers, for various periods
spanning were not directly related to
Expedition's business to
be
qualified as If employed for a continuous or broken period of at least 1
the years 1990-1999. Akin to the situation of the employees in independent contractors. There was likewise no written contract that year, he is
deemed regular but
only with respect to the activity he
Kimberly, Pontesor, et al.'s nature of work are not necessary and can prove that respondents were project employees and that the is
employed and
as
long
as
such activity exists. The status of being
desirable to
petitioner's usual business as an educational institution; duration and scope of such employment were specified at
the
time regular casual is coterminous to the existence of the activity. There
hence, removing them from the ambit of the
first category of regular respondents were engaged. Therefore, respondents should be
employees under Article 295 of the Labor Code. Nonetheless, it is isnosecurityoftenureforcasualemployees.
accordedthepresumptionofregularemployment.
clear that their respective cumulative periods of employment exceed The term "at least one-year service" shall mean service for
not
one (1) year. Thus, Pontesor, et
al.
fall
under the second category Gerardov.BillSenderCorp.2018
less than
12
months, whether continuous or broken reckoned from
of
regular employees. Accordingly, they should be deemed as regular
employees but only with respect to the activities for which they were WONGeraldowasaregularemployeeofrespondent. the date the employee started working, including authorized
hiredandforaslongassuchactivitiesexist. absences and paid regular
holidays unless the
working days
in
the
YES. The company cannot deny the fact that Geraldo was performing
activities necessary or desirable in its usual business or trade for establishment as
a matter
of
practice or
policy, or
that
provided in
Pontesor, et
al.
were
not project employees of petitioner, who were
validly terminated upon the completion of their respective without his services, its fundamental purpose of delivering bills the
employment contract is less than 12 months, in which case said
projects/undertakings. The specific undertakings or projects for cannot be
accomplished. On this basis
alone, the law deems Geraldo period shall be considered as one year. (Sec 3 Rule V Book III
which they were employed were not clearly delineated. This is as
a regular employee of the company. But even considering that he is OmnibusRules)
evidenced by the vagueness of the project descriptions set forth
in not
a full
time
employee as
the company insists, the law still deems
their respective CEAs, which
states that
they were
tasked
"to assist" his employment as regular due to the fact that he had been c.Contractual
invariouscarpentry,electrical,andmasonrywork. performing the activities for more than one year. He has been
Millaresv.NLRCclarifyingthatseafarersarecontractual
delivering mail
matters
for
the company for
more than fourteen (14)
ExpeditionConstructionCorp.v.Africa2017 years. employees
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 43of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
the ordinary or regular business
operations
of
ER.
e.g. school
Seafarers are considered contractual employees. They can not be d.Project
considered as regular employees under Article 280 of the Labor Code. cafeteria.
Where employment has been fixed for a specific project or
Their employment is
governed by the
contracts they
sign everytime E.GanzonInc.v.Ando,Jr.2017SpecialEnBanc
they are rehired and their employment is terminated when the undertaking, the
completion of
which
has
been
determined
at the
contract expires. Their employment is contractually fixed for a timeofengagementofEE.E
lementsareasfollows: The
decisive determinant in project employment is the activity
certain period of time. They fall under the exception of
Article
280 that the employee is called upon to perform. Prior notice of
a) employment has been fixed for a specific project or termination is not part of procedural due process if the termination is
whose employment has been fixed for a specific project or
undertaking the completion or termination of which has been undertaking;AND brought about
by
the
completion of
the
contract
or
phase thereof for
determined at the time of
engagement of
the
employee or
where the b) the completion or termination of which has been whichtheprojectemployeewasengaged.
work or services to be performed is seasonal in nature and the WON Ando was a regular employee and was thereby illegally
determineda tthetimeofengagementofEE.
employmentisforthedurationoftheseason. dismissedbyEGI.
Specific project or undertaking is an activity which is NOT
It is an accepted maritime industry practice that employment of
commonly or habitually performed or
such type
of
work
which is NO. The activities of project employees may or may not be usually
seafarers are for a fixed period only. Constrained by the nature of
necessary or
desirable in the usual business or trade of the employer.
their employment which is quite peculiar and unique in
itself,
it
is not done on a daily basis,
but
only
for
a specific duration of
time
In
ALU-TUCP v.
NLRC,
two (2)
categories
of
project
employees were
for the mutual interest of
both the seafarer and the employer why the untilthecompletionoftheproject. distinguished:
employment status must be contractual only
or
for
a certain period
of time. Seafarers spend most of their time at sea and understandably, WhenprojectEEdeemedregular? Firstly, a project could refer to a particular job or undertaking
theycannotstayforalongandanindefiniteperiodoftimeatsea. a) When there is continuous rehiring even after
cessation
of
a that is within the regular or usual business of the employer
company, but which is
distinct and separate,
and identifiable as
Unicav.ANSCORSwireShipManagement2014 project;
such, from the other undertakings of the company. Such job
or
b) When the tasks performed by the alleged
project
EE
are
vital, undertaking begins and ends at determined or determinable
It is a settled rule that seafarers are considered contractual
necessary and indispensable to
the
usual
business
or
trade
of times. The typical example of this first type of project is a
employees. Their employment is governed by the contracts they sign
ER. particularconstructionjoborprojectofaconstructioncompany.
everytime they are rehired and their employment is terminated when
the contract expires. Their employment is contractually fixed for a While there was repeated re-hiring, the hiring was NOT, however, Secondly, a particular job or undertaking
that is
not within
the
certain period of
time. Thus,
when the petitioner's contract ended on regular business of the corporation. Such a job or undertaking
such date, his employment is deemed automatically terminated, there continuous, as in fact there was a lapse
of
33
months
after
the
next must also
be identifiably separate and distinct from the ordinary
being no mutually-agreed renewal or extension of the expired project,theemployeeisap
rojecta ndnotregular.(A
lcatelPHv.Relos) orregularbusinessoperationsoftheemployer.
contract.
However, if the employee is successively re-engaged to perform the In
this
case,
the
three
project
employment contracts signed by Ando
However, petitioner is entitled to be paid his wages after the same
kind
of
work not intermittently, but continuously, contract after explicitly stipulated the agreement "to engage his services as a Project
expiration of his contract until the vessel's arrival at a convenient contract, month after month involving the same task indicates the Worker."
port.
Section 19 of
the
Standard Terms and Conditions Governing the
necessity and desirability of the work in the usual business of the There was no attempt to frustrate Ando's security of tenure. His
Employment of Filipino Seafarers On-Board Ocean-Going Vessels
is
company.(M analov.TNSPhil.2014) employment was for a specific project or undertaking because the
clearonthis.
nature of EGI's business is one which will not allow it to employ
TWOTYPESofProjectEEs workersforanindefiniteperiod.
Exceptionst oregularemployment
a) A particular job WITHIN the regular or usual business of ER but Ando's tenure as a project employee remained definite because there
a) Project; was certainty of completion or termination of the Bahay
is DISTINCT and SEPARATE, and IDENTIFIABLE as
such
from
b) Seasonal;and the undertakings of the company; e.g. construction jobs in Pamulinawen and the West Insula Projects.
The project employment
contracts sufficiently apprised him that his security of tenure with
c) FixedTerm. hotel.
EGI would only last as
long as
the
specific
projects he
was
assigned
b) A
particular
job
NOT
WITHIN
the
regular
or
usual
business
of to were subsisting. When the projects were completed, he was validly
ER but is DISTINCT and SEPARATE, and IDENTIFIABLE from terminated from employment since his engagement was coterminous
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thereto. scopeofsaidprojectatthetimetheirserviceswereengaged.
The rule that employees initially hired on a temporary basis may
The fact that Ando was required to render services necessary or become permanent employees by
reason of
their length of service is The fact is IKSI actually hired respondents to work, not only on the
desirable in
the operation of EGI's business for more than a year does notapplicabletoproject-basedemployees. ACT Project, but on other similar projects such as the Bloomberg.
not in any way impair the validity of his project employment When respondents were required to
work on the
Bloomberg project,
In Mercado Sr. v. NLRC, this court ruled that the proviso in the
contracts. The rehiring of construction workers on a without signing a new contract for that purpose, it was already
second paragraph of Article 280, providing that an employee who has
project-to-project basis does not confer upon them regular outside of the scope of the particular undertaking for which they
served for
at
least one
year, shall
be
considered a regular employee,
employment status as it is only dictated by the practical were hired; it was beyond the
scope of
their employment contracts.
relatesonlytocasualemployeesandnottoprojectemployees.
consideration that experienced construction workers are more The fact that
the
same happened only once is inconsequential. What
preferred. Indeed, if
we
consider
the
nature of
Herma Shipyard's business,
it is matters is
that
IKSI required respondents to work on a project which
clear
that Herma Shipyard only hires workers when it has existing was separate and distinct from the one they had signed up for. This
HermaShipyardInc.v.Oliveros2017 contracts for shipbuilding and repair. It is not engaged in the act by IKSI indubitably brought respondents outside the realm of
business of building vessels for sale which would require it to theprojectemployeescategory.
The principal
test
in
determining whether particular employees were
continuously construct vessels for its inventory and consequently
engaged as project-based employees, as distinguished from regular
employees, is whether they were assigned to carry out a specific
hireanumberofpermanentemployees. e.Seasonal
project or undertaking, the duration and scope of which was specified InnodataKnowledgeServicesv.Inting2017 Employmentisforthedurationofacertainseason.
at,andmadeknowntothem,atthetimeoftheirengagement.
In
order to safeguard the rights of workers against the arbitrary use of 1. They
are
considered
regular
EEs
if
called
to
work from time to
Repeated rehiring of project employees to different projects time, during
off-season
and
are
merely considered
as
on
leave
the
word "project" which prevents them from attaining regular status,
doesnotipsofactomakethemregularemployees.
employers claiming that their
workers are
project
employees have ofabsencewithoutpayuntiltheyarereemployed.
WON respondents are regular employees of petitioner and not theburdenofshowingthat:
2. IfEEhasworkedonlyfor1season,heisnotregular.
projectemployees. a) the duration and
scope
of
the
employment
was
specified
at
thetimetheywereengaged;and 3. Enjoyssecurityoftenurewithinthedurationoftheseason.
NO. The services of project-based employees are coterminous with
the
project
and
may
be
terminated
upon the end or completion of the b) therewasindeedaproject. 4. Theiremploymentisneverterminatedbutmerelys uspended.
projectoraphasethereofforwhichtheywerehired. An employer may validly put its employees on forced leave or RequisitesforSEASONALundertaking
It is crucial that the employees were informed of their status as floating status upon bona fide suspension of the operation of its
project employees at the time of hiring and that the
period
of
their business for a period not exceeding six (6)
months.
In
such
a case, a) Dependent on climatic or
natural
causes. Operations
must
employment must be
knowingly
and voluntarily agreed upon
by the there is no termination of the employment of the employees, but only be
limited
to
a regular,
annual,
or
recurring
part/s
of each year
parties, without any force, duress, or improper pressure being a temporary displacement. When the suspension of the business andregularlyclosesduringtheremainderoftheyear.
brought to bear upon the employees or any other circumstances operations, however, exceeds six (6) months, then the employment of
vitiatingtheirconsent. the employees would be deemed terminated, and the employer would b) Activity is agricultural
where
the
crops
are
available
only
at
beheldliableforthesame. certaintimesoftheyear.
Here, for each and every project respondents were
hired,
they
were
adequately informed of their employment status as project-based WON respondent employees, as
mere project employees, were validly Regular
Seasonal
EEs
refer
to seasonal EEs who are hired season after
employeesatleastatthetimetheysignedtheiremploymentcontract. placedonfloatingstatusand,therefore,werevalidlydismissed. season.
Performance by project-based employees of tasks necessary and NO. The employment status of a person is defined and prescribed by Deep
sea
fishing
business
is
not
a seasonal undertaking. Catching fish
desirable to the usual business operation of the employer will not lawandnotbywhatthepartiessayitshouldbe.
is
not seasonal especially where
the
boat crew, although employed on a
automatically result in their regularization. Here, while the tasks
Here, while IKSI
was able
to show the presence of a specific project, per trip basis, has been working for 12 years. (Poseidon Fishing v.
assigned to the
respondents were indeed
necessary and
desirable in
the ACT
Project, in
the contract and the
alleged duration of the same, NLRC)
the usual business of Herma Shipyard, the same were distinct,
it failed
to
prove, however, that respondents were in reality
made to
separate, and identifiable from the other projects or contract UniversalRobinaSugarMillingCorpv.NagkahiusangMamumuo
work only for that specific project indicated in their employment
services.
documents and
that it
adequately informed them of the duration and saUrsumco-NFL2018
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Notwithstanding the stipulations in an employment contract or a Term employment should not circumvent security of tenure. This is g.Probationary;privateschoolteachers
duly negotiated CBA, the employment status of an employee is shownbythecriterialaidbytheB
RENTDOCTRINE:
ultimatelydeterminedbylaw. A
probationary employee is
one,
who,
for
a given period of time,
a) Must
not
be
entered
merely
to
circumvent the EE’s right to is being
observed and
evaluated to
determine whether or
not
he is
WONURSUMCO'sregularseasonalemployeesareregularemployees. securityoftenure; qualifiedforapermanentposition(P asambav.NLRC)
YES. When it comes to the employment status itself of the b) The
fixed
period
was
knowingly
and voluntarily agreed
concerned employees, the CBA is subservient to what the
law
says upon
without any
force,
duress
or
improper
pressure
and ARTICLE 296. Probationary Employment. — Probationary
theiremploymentstatusis. employment shall not exceed six (6) months from the date the
absentanyothercircumstancesvitiatingconsent;
Seasonal employment becomes regular seasonal employment when employee started working, unless it
is
covered by an apprenticeship
c) Must satisfactorily appear that the ER and EE dealt with agreement stipulating a longer period. The services of
an
employee
the employees are called to work from time to time. On the other
hand, those who are employed only for a single season remain as each other on more or less equal terms
with
no
moral who has
been engaged on a probationary basis may be terminated for
seasonal employees. As a consequence of regular seasonal dominanceexercisedbytheformertothelatter. a just cause or when he fails to qualify as a regular employee in
employment, the employees are not considered separated from accordance with
reasonable standards made known by the employer
Whyallowfixedtermemployment?
service during the off-milling season, but are only temporarily laid to the employee at
the
time of
his engagement. An employee who
is
off or on leave until re-employed. Nonetheless, in both regular ItisanessentialandnaturalappurtenancerecognizedbySC.i.e.
allowed to work after a probationary period shall be considered a
seasonal employment and seasonal employment, the employee
performsnoworkduringtheoff-millingseason. a) Overseasworkers; regularemployee.
Here, the concerned URSUMCO employees are performing work for b) CollegeDeansandDepartmentHeads.
One who is placed in a trial period whose performance is assessed
URSUMCO even during the off-milling season as
they
are
repeatedly Whatdeterminestermemployment?
engaged to conduct repairs on the machineries and equipment. whethersatisfactoryornot.Durationisgenerally6
monthsexcept
Strictly speaking, they
cannot be
classified either as regular seasonal The decisive determinant should not be the activities the EE is a) Covered by
an
apprenticeship
agreement
stipulating
a longer
employees or seasonal employees as their work extended even called upon to perform, but the day certain
agreed
upon
for
the period;
beyond the milling
season.
The nature
of
the activities performed by commencementandterminationoftheemploymentrelationship.
the employees, considering the employer's nature of business, and b) Manual of regulations of private schools which provide for
a
the duration and scope of work to be done factor heavily in E.GanzonInc.v.Ando,Jr.2017SpecialEnBanc longerperiod.
determiningthenatureofemployment.
Project employment should not be confused and interchanged with i. Elementary
and
Secondary. Not
more
than
3 years of
It cannot be gainsaid that the conduct of repairs on URSUMCO's fixed-term employment: While the former requires a project as
satisfactoryservice;
machineries and equipment is reasonably necessary and desirable in restrictively defined above,
the
duration of
a fixed-term employment
its sugar milling business. It is unreasonable to limit only to agreed upon by the parties may be any day certain, which is ii. Tertiary. Not more than 6 semesters or 9 trimesters
activities pertaining to
the
actual milling
process as those necessary understood to
be
"that
which must necessarily come although it may ofsatisfactoryservice.
inURSUMCO'susualtradeorbusiness. notbeknownwhen."
NOTEStoconsiderregardingprobationaryemployment
The decisive determinant in fixed-term employment is
not
the
f.Fixed-term activity that the employee is called upon to perform but the day 1. Theceilingis6months.Itcanbeshortenedbyagreement.
EE performing work that is usually necessary and desirable
in certain agreed upon by the parties for the commencement and
2. If
the
employee is not apprised of the STANDARDS that he must
termination of the employment relationship. The decisive
the
business
of
ER
wherein
the
employment contract stipulates the meet in order to hurdle probation, then he is
deemed
regular
determinant in project employment is the activity that the
durationortermofemployment. employeeiscalledupontoperform. after6months.
Not permanent, but EE still enjoys security of
tenure
during
the 3. PeriodofprobationisforthebenefitofbothERandEE.
pre-determinedterm.
4. Limited security of tenure which means a proby cannot be
terminatedwithintheperiodexceptforcause.
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5. The computation of the 6 month period of probation is Whenprobationpermissible Apelaniov.Arcanys,Inc.2018
reckoned from the date of appointment up to the same calendar a. Work requires special qualifications, skills, training or An employer may unilaterally prepare an employment contract,
dateofthe6thmonthfollowing. experience; stating the terms and conditions required of a potential employee,
6. Reasonablestandards and that a potential employee had
only
to
adhere to
it
by
signing
it.
b. Work,
job
or
position
involved
is
permanent,
regular,
stable or Such contract is known as
a contract of
adhesion, which is
allowed
a. Workinitiative; indefinite,andnotmerelycasualorintermittent; bylawalbeitconstruedinfavoroftheemployeeincaseofambiguity.
b. Qualityofwork; c. Work is not intended to circumvent the right to security of WONApelaniowasillegallydismissedbyArcanys.
c. Discipline. tenureofEE; NO. It
cannot be
denied
that
in
the retainership agreements provided
d. Necessaryorcustomarytothepositionorjobinvolved. by petitioner, his signature or "adherence" is notably absent. As a
LimitationstoterminationofprobationaryEE
result, said
retainership agreements remain ineffectual and cannot be
a. Mustbeexercisedinaccordancewithcontract; Whenprobationmayexceed6months usedasevidenceagainstrespondents.
b. Mustbewithinprescribedtimeandform; When the parties agree otherwise, such as when the same is Furthermore, a review of the retainership agreements indicates that
established by
company policy or when the same is required by the petitioner was merely engaged as a consultant, in relation to the
c. Employer’s dissatisfaction must be
real
and
in
good
faith,
not hacking incidents endured by
respondents. Petitioner merely alleged
nature of work as
where
one must learn
a particular kind
of
work
feignedsoastocircumventthecontractorthelaw; that
he was hired as an employee under said retainership agreements,
such as selling, or when the job requires certain qualifications,
but has yet to provide evidence to support such claim. Therefore,
d. Theremustbenounlawfuldiscrimination. skills,experienceortraining.
Article 281 of the Labor Code finds no application in this case, absent
WhenprobationaryEEconsideredregular? Where
the
extension
of
employee’s
probation was ex gratia, an act any evidence to prove that petitioner worked beyond his
of liberality on the part of his employer to afford
the
employee
a probationarye mployment.
a. Allowedtocontinueworkbeyondprobationaryperiod;
second chance to make good after having initially failed to prove
b. NO evaluation conducted and no basis for termination; SpecialLawsonPeriodofProbation
hisworthasanemployee.(M ariwasav.Leogardo,Jr.)
presumedtohavebeensatisfactorilycomplied; 1. RA10869(JobStartTrainee)
Umaliv.HobbywingSolutionsInc.2018
c. Proby NOT informed of the standards required to qualify as A JobStart trainee shall no longer be required to
undergo
a
regularEE; The general
rule remains that an employee who was suffered to work probationary period at the
end
of
the
internship
phase
should
for
more than the legal period of six (6) months of probationary the trainee be hired in the same establishment upon
d. EEsuccessfullypassestheperiodofprobation. employment or less
shall,
by
operation of
law, become
a regular
completionoftheprogram:
The adequate performance of such duties and responsibilities constitute employee.
Provided, That
said
trainee
also
completed
his or her technical
the inherent and implied standard for regularization. (Abbott WON Umali was terminated without cause
when
she
was
informed
that the
period
of
her
probationary
employment had already ended training within the training plan prepared by the same
Laboratoriesv.Alcaraz2014EnBancResolution)
andherserviceswerenolongerneeded. participatingemployer.
Whenprobationerinformedofrequiredstandards
YES. The contracts were only made up to create a semblance of Three(3)Phases
Ideally, employers should immediately inform a probationary legality in the employment and severance of the petitioner.
a) JobStart Life Skills Training. 10 days with one life
employee of the standards for his regularization from day one. Unfortunately for the respondent, the significant details left
unexplained only
validated
the
petitioner's
claim that she had served skilltaughteachday;
However strict compliance is not required. The true test of
compliance is one of reasonableness. As long as he is given a way beyond the
allowable period for
probationary employment and b) JobStart Technical Training. Up
to
3 months
and
is
thereforehasattainedthestatusofregularemployment.
reasonable time
and opportunity to be
made
fully aware
of what is optional.
expected of him during the early phases of the period, the law is Petitioner commenced working for
the
respondent
on June 19,
2012
c) JobStartInternship.Upto3monthsor600hours.
met.(E
nchantedKingdomv.Verzo2 015) until February 18, 2013. By that time, however, she has already
becomearegularemployee. 2. RA10917amendingRA9547,7323orSPESAct;
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Period of employment shall be from twenty (20) to Absent one requirement, considered PART TIME. Only a FULL TIME
a) Serious misconduct or willful disobedience by
the
seventy-eight (78) working days only, except that during teachercanacquireREGULARstatus.
employee of the lawful orders of his employer or
Christmas vacation, employment shall be from ten (10) to Sonv.UST2018
representativeinconnectionwithhiswork;
fifteen (15) days which may be counted as part of the
students’ probationary period should they apply in the In
University of
the East v.
Pepanio, the requirement of
a masteral b) Gross and habitual neglect by the employee of his
degree for tertiary education teachers was held to be not duties;
samecompanyoragencyaftergraduation.
unreasonablebutratherinaccordwiththepublicinterest.
3. RA11261(FirstTimeJobseekersAssistanceAct). c) Fraud or willful breach by the employee of the trust
Thus, going by the requirements of law, it is plain to see that reposed in him by his employer or duly authorized
PersonnelinPrivateEducationalInstitution petitioners are not qualified to teach in
the undergraduate programs representative;
ofUST.
1. Academic d) Commission of a crime or offense by the employee
From a strict legal viewpoint, the parties are both in violation of the
a. Teaching against the person of his employer or any immediate
law: respondents, for maintaining professors without the mandated
masteral degrees, and for petitioners, agreeing to be employed member of his family or his duly authorized representatives;
b. Non-teaching
despite knowledge of their lack of the necessary qualifications. and
2. Non-academic Petitioners cannot therefore insist to be
employed by UST since they e) Othercausesanalogoust otheforegoing.
CHED MC 40-2008 or the Manual of Regulations for Private still d
o n
ot p
ossess t
he
required m aster's d egrees; the fact that
UST
continues to hire and maintain professors without the necessary
HigherEducationof2008; SeriousMisconduct
master's degrees is not a ground for claiming illegal dismissal, or
DepEd Order 88-2010 or the 2010 Revised Manual of even reinstatement. As far as the law is concerned, respondents are in
1. Theremustbem
isconduct;
RegulationsforPrivateSchoolsinBasicEducation. violation of the CHED regulations for continuing the practice of hiring
unqualified teaching personnel; but the law cannot come to the aid of 2. The misconduct must be of such grave and aggravated
LegalREQUISITESforaTeachertobePermanent petitioners on this sole ground. As between the
parties herein, they character;
a) Fulltime; are i
n p
ari d
elicto.
3. It must relate to the performance of the employee's duties;
b) Musthaverendered3
consecutiveyearsofservice; AND
B.Terminationbyemployer
c) Suchservicemustbesatisfactory. 4. There
must
be
showing
that
the becomes
employee unfit to
A
FULL
TIME
academic or technology teacher meets ALL the 1.Requisitesforvalidity
personnel continue
working for the employer. (Sec 5.2[a]. Rule I-A. Book
following: TheGeneralRequirementsindismissinganemployee VI)
a) Possessesatleasttheminimumacademicqualifications; a) Substantive—
JustorAuthorizedCauses; Misconduct is improper or wrong
conduct.
It
is
a transgression
b) Paidmonthlyorhourly,basedonregularteachingloads; of some established and definite rule of action, a forbidden
act,
a
b) Procedural — Twin Notice + Ample Opportunity to Be Heard
dereliction of
duty,
willful in
character and implies wrongful intent
c) Total
working
day
of
not
more
than
8 hours a day is devoted andDefend.( Sec5.RuleI-A.BookVI.OmnibusRules)
and not merely error in judgment. It
must be
in
connection with
totheschool; a.Substantivedueprocess theEE’sworktoconstitutejustcauseforhisseparation.
d) No
other
remunerative
occupation
elsewhere
requiring
regular i.Justcauses TIPTeachersandEmployeesOrgv.CA
hours
of
work
that
will
conflict
with
the
working
hours
in
the
ARTICLE 297. Termination by Employer. — An employer may Serious Misconduct of
a Teacher.
Grade
tampering and
sale of test
school;
terminateanemploymentforanyofthefollowingcauses: papers without prior approval from school as required by school
e) Notteachingfull-timeinothereducationalinstitutions. policyisseriousmisconduct.
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SterlingPaperProductsEnterprisesv.KMM-Katipunan2017 3. The order violated must be reasonable, lawful, and made sign
the
receipt of
the written
reprimand, and that
he
was
warned of
knowntotheemployee;and immediate dismissal if he refused to sign the logbook entry. From the
The utterance of obscene, insulting or offensive words against a
foregoing, it can be logically concluded that Chua's dismissal was
superior is not only destructive of the morale of his
co-employees 4. The order must pertain to the duties which he has been engaged
contemplatedonlyafterhisrefusaltosignthelogbookentry.
and a violation of the company rules and regulations, but also todischarge.( Sec5.2[b].RuleI-A.BookVI)
constitutesgrossmisconduct. As far as proving Chua's alleged arguing and
misbehaving
upon his
When
there
is WANTON disregard to follow the lawful orders of the return from shore leave is concerned, this Court finds that the
WONEspongawasvalidlydismissedforseriousmisconduct.
ER which includes company
rules
and
regulations
of
discipline.
It logbookentryisself-servinganduncorroborated.
YES. The charge of serious misconduct is duly substantiated by the mustbewillfulandintentional. By virtue of
the POEA-SEC, Chua is
indeed bound to
obey the
lawful
evidenceonrecord. commands of the captain of the ship, but only as long as these pertain
WILLFUL is characterized by a wrongful
perverse
mental
attitude
In
de
La Cruz v. NLRC, the dismissed employee shouted, "Sayang ang to
his
duties.The CA
correctly opined that there is no relevance to the
renderingtheEE’sactinconsistentwithpropersubordination.
pagka-professional mo!" and "Putang ina mo" at the company order to sign the documents in
Chua's performance of
his
duty as
a
physicianwhenthelatterrefusedtogivehimareferralslip. Insubordination
refers
to
the
refusal
to
obey
some
order, which a seaman.
Likewise, in Autobus Workers' Union (AWU) v. NLRC, the superior is entitled to give and have obeyed. It is a willful or To
amount to
a valid
dismissal, an erring
seafarer must be
handed a
dismissed employee told his supervisor "Gago ka" and taunted the intentional disregard of the lawful and reasonable instructions of written notice of the charge against him and must be given the
latterbysaying,"Bakitanonggustomo,tanginamo." theemployer.( Sec4[l].RuleI-A.BookVI) opportunity to explain himself — unless, of
course, there is
a clear
Moreover, in Asian Design and Manufacturing Corporation v. and existing danger against the safety of the crew or the vessel in
TheORDERoftheERmustbe: which case notice may be dispensed with. In this case, no hearing
Deputy
Minister of
Labor, the
dismissed
employee
made
false and
maliciousstatementsagainsttheforeman(hissuperior). a. Reasonableandlawful; was conducted respecting Chua's alleged insubordination. The pieces
In Reynolds Philippines Corporation v. Eslava, the dismissed of
evidence presented were also silent about whether Chua was given
b. SufficientlyknowntotheEE;AND the opportunity to explain or defend himself. There was also no
employee circulated several letters
to the members of the company's
board of directors calling the executive vice-president and general c. InconnectionwiththedutiesoftheEE. showing of imminent danger to the crew or the vessel, so that the
managera"bigfool,""anti-Filipino". requirednoticemaybedispensedwith.
Hence, it is well-settled that accusatory and inflammatory Apaciblev.MultimedIndustries2011 Mamarilv.RedSystemCompany2018
language used by an employee towards his employer or
superiorcanbeagroundfordismissalortermination. Apacible was dismissed for wilfully disobeying the
lawful
order
of An
employee's tenurial
security shall
not
be used as a shield to force
herERtotransferfromCebutoPasig. the
hand
of
an
employer to
maintain
a recalcitrant employee, whose
Further, Esponga's assailed conduct was related
to
his
work. Vinoya
continued employment is patently inimical to the employer's
did not prohibit him from taking a nap. She merely reminded him that Her adamant refusal, coupled with her failure to
heed
the
order
for
interest. Accordingly, an employee who is found to be willfully
he could not do so on the sheeter machine for safety reasons. her
return
of
the
company vehicle,
and allowing her counsel to write disobedient of the employer's lawful and reasonable rules and
Esponga's acts reflect an unwillingness to comply with reasonable harsh-worded letters to her superiors show that she was guilty of regulationsmaybedismissedfromservice.
managementdirectives. insubordination.
Finally, Esponga was motivated by wrongful intent. He committed all WON Mamaril was illegally dismissed by Red System, and is
these acts
in
front
of
his
co-employees, which evidently showed that TransglobalMaritimeAgencyv.Chua2017 consequentlyentitledtoreinstatementandfullbackwages;and
heintendedtodisrespectandhumiliatehissupervisor. NO. Mamaril was validly dismissed on account of his willful
There
must be
reasonable
proportionality between, on the one hand,
disobedienceofthelawfulordersofRedSystem.
WillfulDisobedienceorInsubordination the
willful
disobedience by the
employee
and,
on the other hand, the
penaltyimposedtherefor. Red System was not remiss in reminding its drivers of the
1. Theremustbedisobedienceorinsubordination; importance of abiding by their
safety regulations. To
ensure
a strict
WONChuawasvalidlydismissedforinsubordination.
2. The disobedience or insubordination must be willful or observance of the rules, the company required its drivers
to
attend
NO. A perusal
of
the
General
Reporting on the ship's logbook reveals various safety seminars, in addition to a mandated
pre-employment
intentionalcharacterizedbyawrongfulandperverseattitude;
that
Chua was
penalized with a written reprimand for his arrival after orientation.
the
expiration of
shore
leave.
It
was
also indicated that
he refused to
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exerting any effort to avoid them. Habitual neglect implies 4. It must be in connection with the employees' work. (Sec
Notably, Mamaril violated Red System's safety rules twice, and
repeated failure to perform one's duties for a period of time, 5.2[d].RuleI-A.BookVI)
caused damage amounting to over Php 40,000.00. To make
matters
dependinguponthecircumstances.
worse, he even deliberately and willfully concealed his RequisitesofBreachofTrust
transgressions. Such flagrant violation
of
the rules, coupled
with the Fault cannot rest upon Ponce's shoulders alone, inasmuch as
perversity of
concealing the
incidents,
patently show a wrongful and satisfactory completion of the assigned tasks was subject to an 1. Theemployeeholdsap
ositionoftrustandconfidence;
perverse mental attitude rendering Mamaril 's acts inconsistent with interplay of factors beyond his sole
control. AMC proffered nothing 2. Thereexistsana
ctjustifyingthelossoftrustandconfidence;
proper subordination. Indubitably, this shows that Mamaril was beyond bare allegations to prove that failure to implement the
indeedguiltyofwillfuldisobedienceofRedSystem'slawfulorders. projects/improvements was occasioned by gross neglect
on
the
part 3. Theemployee’sbreachmustbew
illful;
of Ponce. The fact that Ponce admitted to having been delayed in 4. The act must be in relation
to
his
work
which
would
render
GrossandHabitualNeglectofDuty some of the tasks assigned to him does not establish gross and
himunfittocontinue.
habitualneglectofduties.
1. Theremustbeneglectofduty;and
RequisitesofLossofConfidence
2. The negligence must be both gross and habitual in character. FraudorWillfulBreachofTrust
1. Theremustbeana
ct,omissionorconcealment;
(Sec5.2[c].RuleI-A.BookVI) Fraud refers to any act, omission, or concealment which involves a
2. The act, omission or concealment justifies the loss of trust
Gross Neglect refers to the absence of that diligence that an breach of legal duty, trust or confidence justly reposed, and is
andconfidenceoftheemployertotheemployee;
ordinary prudent
man
would
use
in
his/her
own
affairs.
(Sec
4[j]. injurioustoanother.( Sec4[i].RuleI-A.BookVI)
RuleI-A.BookVI) 3. The
employee
concerned
must
be
holding
a position of trust
Loss of Confidence refers to a condition arising from fraud or
andconfidence;
Habitual
Neglect
refers
to
repeated
failure to perform one's duties willful breach of trust
by
an
employee
of
the
trust
reposed
in
him
over a period of time, depending upon the circumstances. (Sec 4[k]. byhisemployerorhisdulyauthorizedrepresentative. 4. Thelossoftrustandconfidenceshouldnotbesimulated;
RuleI-A.BookVI) Therearetwo(2)classesofp
ositionsoftrust. 5. It should not be used as
a subterfuge
for
causes
which
are
GR: NeglectofdutymustbeB
OTHGrossandHabitual. improper,illegal,orunjustified;and
a. The first class consists of managerial employees, or
EXC: Even if NOT habitual,
but
there
is
SUBSTANTIAL
DAMAGE
or those vested with the power to lay down management 6. It must be genuine and not a mere afterthought to
justify
an
injurytotheER. policies;and earlieractiontakeninbadfaith.( Sec5.2[e].RuleI-A.BookVI)
b. The second class consists of
cashiers,
auditors,
property Bravov.UriosCollege2017Leonen,J
Fuentesv.NLRC custodians or those who, in the normal and routine The
employer must adduce proof of actual involvement in the alleged
The bank teller left a deposited amount unattended in a counter when exercise of their functions,
regularly
handle
significant misconduct for loss of trust and confidence to warrant the
the SOP requires them to put the
money
in
a safe
place
resulting
in amountsofmoneyorproperty. dismissal of fiduciary rank-and-file employees. However, mere
thelossofmoney. existence of
a basis
for
believing
that
the
employee has breached the
(Sec4[n].RuleI-A.BookVI) trust and confidence of the employer is sufficient for managerial
Even though it was only one incident, the exception was applied
heresincetheamountofP50KwasSUBSTANTIAL. RequisitesofFraud employees.
1. Theremustbeanact,omission,orconcealment; WONBravowasproperlydismissedforajustcause
AlaskaMilkv.Ponce2017
2. The act, omission or concealment involves a breach
of
legal YES. Petitioner's act in assigning to himself a higher salary rate
WONPoncewasguiltyofgrossandhabitualneglectofduties. without proper authorization is a clear breach of the trust and
duty,trust,orconfidencejustlyreposed;
NO. Neglect of
duty, to
be a ground for dismissal, must be both gross confidence reposed in him. In
addition, there
was no
reason for
the
and habitual. Gross negligence implies a want or absence of or failure 3. It must be committed against the employer or his/her Comptroller's Office to undertake the preparation of its own
to exercise
even slight care or diligence, or the entire absence of care. representative;and summary table because this was a function that exclusively pertained
It evinces a thoughtless disregard of consequences without totheHumanResourcesDepartment.
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Panaliganv.PhyvitaEnterprises2017 allowance from expenses he did not actually incur. Third, the R/A grave infraction causing the depletion of the company's Special
e-mail betrays a truly sinister purpose which AMC had a right to Accounts held in trust for the rightful copyright owners, Gaite's
WON there exists just and valid cause for the termination of
guardagainst. ability to duly perform and accomplish her duties and
PANALIGAN,etal.'s,employmentbyPHYVITA.
responsibilities as General Manager has been seriously put into
In the case of The Coca-Cola Export Corporation v. Gacayan, it was
NO. PHYVITA failed to adduce substantial evidence that would ruled that willful submission by a senior financial accountant of
question. It is clear, therefore, that
Gaite's
acts
amounted
to
serious
clearly demonstrate that
PANALIGAN, et
al.,
have committed serious misconductwarrantingherdismissal.
tampered or altered receipts to support claims for meal
misconduct or
have performed actions that would warrant the loss of reimbursement was an act that justified dismissal from employment, On the second ground for termination, the
Court
finds
that FILSCAP
trust and confidence reposed upon them by their employer. The as
submission of
fraudulent items of
expense
adversely reflected
on validly terminated Gaite's employment on the ground of loss of trust
records of this case clearly indicate that no direct evidence was the employee's integrity and honesty and is ample basis for and confidence. First, there is
no
doubt
that
she
held
a position
of
presented to link PANALIGAN, et al., to the theft
that
they
allegedly petitionercompanytoloseitstrustandconfidence. trustandconfidence.
committed.
Aluagv.BIRMulti-PurposeCooperative2017 As
General
Manager
of
the company, Gaite clearly falls under the first
Taking into consideration the fact that the DOLE-NCR conducted an classofemployee.
inspection of the respondent's premises on as a result of
the
labor WONBIRMPChadjustcausetoterminateAluag'semployment.
complaint filed by PANALIGAN, et al., and they were implicated in the Second, it is rather obvious to the Court that the act of transferring the
alleged theft incident only thereafter, a reasonable inference can be YES. One of the infractions that BIRMPC cited in justifying Aluag's aforementioned staggering amount from the Special Accounts to
made that
PANALIGAN, et
al.'s,
termination of employment may have dismissal is
her
failure to deposit
checks on due dates, pursuant to a cover
the company's Operating Expenses, without the knowledge and
been indeed a retaliatory measure designed to coerce them into member/debtor's request. While the NLRC held that Aluag was not consent of the Board of Directors, and in direct contravention of
withdrawing their complaint for underpayment of wages and directly responsible for depositing the
checks on their due dates and FILSCAP's Distribution Rules
is
sufficient reason for the loss of trust
nonpayment of other labor standard benefits. Such an act is that no evidence was presented showing that her failure to deposit andconfidenceinGaite.
proscribedbyArticle118oftheLaborCode. the
checks resulted from the request of debtors, a more thorough and
It bears stressing that as managerial employee, Gaite could be
circumspect review of
the records
reveals that
the task of depositing
terminated on the ground of loss of confidence by mere existence of
AlaskaMilkv.Ponce2017 checks on due dates definitely falls within Aluag's scope of
a basis for believing that she had breached the trust of her
responsibilities. It is also well to note that she was not given any
WONPoncecanbeterminatedforlossoftrustandconfidence. employer.
discretiontodeterminewhetherornottodepositthechecks.
YES. As regards a managerial employee, the mere existence of a basis Under these circumstances, BIRMPC had ample reason to lose the CommissionofaCrime
for believing that such employee has breached the trust of his trust
and confidence it reposed upon her and thereby, terminate her
employer would suffice for his dismissal. Hence, in the case of Bytheemployeeagainstthepersonofhisemployerorhis
employment.
managerial employees, proof beyond reasonable doubt is not immediatefamilyorauthorizedrepresentatives
required, it
being sufficient
that
there
is
some
basis
for
such
loss of Gaitev.FilipinoSocietyofComposers2018
confidence, such as when the employer has reasonable ground to 1. There must be an act or omission punishable/prohibited by
believe that the
employee concerned is responsible for the purported WONGaitewasvalidlydismissedduetolossoftrustandconfidence. law;and
misconduct, and the nature of his
participation therein
renders him YES. Here,
the
Notice
of
Termination shows that FILSCAP terminated 2. The act or omission was committed by the
employee
against
unworthyofthetrustandconfidencedemandedbyhisposition. Gaite's employment due to the fact that her actuations constituted thepersonof
It is undisputed that Ponce held the position of Director for serious misconduct and caused
loss of trust and confidence in her as
Engineering Services and that he was in charge of managing
AMC's GeneralManagerofthecompany. a. employer,
Engineering Department. Hence, he belongs to the first class of The Court finds that Gaite's actuations constitute serious b. anyimmediatememberofhis/herfamily,or
employeeswhooccupyapositionoftrustandconfidence. misconduct. First, not only is the amount involved herein a c. his/her duly authorized representative. (Sec 5.2[f].
The Court rules that his dismissal from employment is justified. staggering amount of P17.7M, the alleged reallocation violated an
express provision of the company's Distribution Rules and was RuleI-A.BookVI)
First, The opening sentence of Ponce's R/A e-mail readily exposes the
attendant willfulness
in his act.
Second, the
act
of
soliciting receipts accomplished without the knowledge, consent, or authorization of See DOLE DO 147-2015, CHED MC 40-2008, DepEd Order
from colleagues constitutes dishonesty, inimical to
AMC's
interests, the Board. Second, Gaite
committed said
transfer in
the performance 88-2010.
for the simple reason that Ponce would be collecting receipted of her duties as General Manager of
FILSCAP. Third, because of
this
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JustCausesforAcademicPersonnel c. Misconduct; discontinue the employment must
be
shown
by
clear
proof
that
it
IntheTertiaryLevel wasdeliberateandunjustified.
d. Neglectofduty,orinefficiency;
a. Gravemisconduct e. Notoriouslydisgraceful,orimmoralconduct; Agabonv.NLRCE nBanc
i. Giving of grades not based solely on scholastic In February 1999, petitioners were frequently absent, having
f. Violationofreasonableschoolrules,orwillfuldisobedience;
performance; subcontracted for an installation work for another company.
g. Improperorunauthorizedsolicitation;
ii. Failuretomaintainconfidentialityofschoolrecords; Subcontracting for another company clearly
showed
the
intention
to
h. Convictionofacrimeinvolvingmoralturpitude;or sever the employer-employee relationship with private respondent.
iii. Contractingloansfromstudentsorparents;
i. Othercausesanalogoustotheforegoing. Thiswasnotthefirsttimetheydidthis.
iv. Useofcruelpunishment;
AnalogousCauses Claudia’sKitchenInc.v.Tanguin2017
v. insubordination.
1. There
must
be
act
or similar to those specified just
omission In abandonment, absence must be accompanied by overt acts
b. Grossinefficiencyandincompetence
causes;and unerringly pointing to the fact that the employee simply does not
i. Failure to cope with the reasonable standard of wanttoworkanymore.
2. The act or omission must be voluntary and/or
willful
on
the
efficiencyandcompetence; Mere absence or failure to report for work, even after a notice to
partoftheemployees. return to work has been served, is not enough to amount to an
ii. Habitualabsencesandtardiness;
No act
or
omission
shall
be
considered
as
analogous
cause
unless abandonmentofemployment.
iii. Willfulneglect
expressly specified in the company rules and regulations or Here, there was no abandonment on
the
part
of
respondent. Records
c. Tampering
or falsification of, or negligence in keeping school policies.(Sec5.2[g].RuleI-A.BookVI) are bereft of any indication
that
Tanguin's failure to
report
for work
or
student records including unreasonable delay in submission was with a clear intent to sever her employment relationship with the
Abandonment petitioners. Moreover, Tanguin's act of filing a complaint for illegal
ofgrades;
GrossandHabitualNeglectofDuty dismissal with prayer for reinstatement negates any intention to
d. Conviction of a crime or an attempt on, or a criminal act abandonheremployment.
against
the
life
of
any
school
personnel or student, or upon the Abandonment is the deliberate and unjustified refusal of an
employeetoresumehisemployment. MehitabelIncv.Alcuizar2017
propertyorinterestoftheinstitution;
e. Beingnotoriouslyundesirable; It
is
a form
of
neglect
of
duty,
hence, a just cause for termination of The filing of a complaint for illegal dismissal does not ipso facto
employment by the
employer.
For
a valid
finding
of
abandonment, foreclose the possibility of
abandonment. It
is
not
the
sole indicator
f. Disgracefulorimmoralacts; in determining whether or not there was desertion. Other
thesetwofactorsshouldbepresent:
circumstances surrounding the case must be taken into account in
g. Saleofticketsorthecollectionofanycontributions;
1) the
failure
to report for work or absence without valid or resolvingtheissueofwhetherornottherewasabandonment.
h. Voluntary or request for de-loading of teaching units to less justifiablereason;and WONAlcuizarwasdismissedbyMehitabel.
thantherequiredminimum;
2) a clear intention to sever employer-employee NO. His assertion that Arcenas instructed him to turnover his
i. Phasingout,closureorcessationoftheprogramorinstitution; relationship, functions to Enriquez remains to be a naked claim. We find more
j. Otheranalogouscases. with the second as the more determinative factor which is credible petitioner's assertion that said publications were made
through sheer inadvertence, and that the vacancy is
actually for
the
InBasicEducation manifested by overt acts from which it may be deduced that the positionofPurchasingOfficer,ratherthanPurchasingManager.
employees have no more intention to work. The intent to
a. Dishonesty,fraud,orwillfulbreachofthetrustreposed; Alcuizar was informed of
the
error
committed,
and that
it
was made
clear
to
him that he was never terminated from service at that time in
b. Oppression,orcommissionofacrime;
spiteofhispoorperformance.
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possess the power to fire him from work – this is a prerogative Sulpicio Lines failed to clearly show that Nacague was guilty of using
WONAlcuizarabandonedhisemployment.
belongingtomanagement.
illegal drugs. We agree with the Labor Arbiter that the lack of
YES. Mehitabel issued
a Return
to
Work
order
to
respondent,
which
At any rate, even assuming that respondent was indeed told by accreditation of S.M.
Lazo Clinic made its
drug test
results doubtful.
the latter received through registered
mail.
This
circumstance bears
respondent's bus dispatcher Roger Pasion that he was AWOL, this As to the
mechanics of the test,
the
law specifies that
the procedure
more weight and effectively negates respondent's self-serving
was not tantamount to dismissal, actual or constructive. An shall employ two testing methods, i.e., the screening test and
the
asseverationthathewasdismissedfromemployment.
ordinarybusdispatcherhasnopowertodismissanemployee.
confirmatory test. Only a screening test was conducted to determine
Respondent's non-compliance with the directive in the Return to
However, it cannot be said that respondent abandoned his ifNacaguewasguiltyofusingillegaldrugs.
Work to Our mind, signifies his intention
to
sever
the
employment
employment. Petitioner itself admitted that it sanctioned the practice
relation with
petitioner, and gives credence to the latter's claim that it
of allowing its drivers to take breaks from work in order to
afford AttitudeProblem
wasrespondentwhoabandonedhisjob.
them the opportunity to recover from the stresses of driving the same
Respondent cannot harp on the fact that he filed a complaint for long and monotonous bus routes by accepting jobs elsewhere, as BreachofTrust
illegal
dismissal in
proving that
he did
not
abandon his
post, for the some form
of
sabbatical or vacation. Simply put,
respondent availed
filing of the said complaint does not ipso facto foreclose the of
petitioner's company practice and
unwritten policy — of allowing HeavyliftManilav.CA
possibility of abandonment. It is not the sole indicator in itsbusdriverstotakeneededbreaksorsabbaticals. Galay, Heavylift Insurance and
Provisions Assistant,
was
terminated
determining whether or
not there was desertion, and to declare as an
for alleged loss of confidence. She was informed of her low
absolute that the employee would not have filed a complaint for SexualHarassment
performance rating and the negative feedback from her team
illegal dismissal if he or she had not really been dismissed is
non
SeriousMisconduct membersregardingherworkattitude.
sequitur.
The gravamen of the offense is not the mere violation of one’s An employee who cannot get along with his co-employees is
It can be gathered that respondent's departure was merely a precursor
to his scheme to turn the table
against
petitioner.
Realizing that
his sexuality,
but
the
abuse of
power by
the
employer who has a duty detrimental to the company for
he can upset and
strain the
working
employment was at serious risk due to his habitual neglect of his toprotecthisemployeeagainstover-sex. environment. Without the necessary teamwork and synergy, the
duties, respondent jumped the gun on petitioner by lodging a organization cannot function well. Thus, management has the
baseless complaint for illegal dismissal even though
it
was
he
who GrossInefficiencyorpoorperformance
prerogative to take the necessary action to
correct the
situation and
abandonedhisemployment. GrossandHabitualNeglectofDuty protect its organization. When personal differences between
MariaDeLeonTransportationInc.,etal.v.Macuray2018 1. Employerhassetstandardsofperformance; employees and management affect the work environment, the peace
2. Standards are reasonable and in connection with employee’s of
the company is affected. Thus, an employee’s attitude problem is a
An employee can not be said to have abandoned his employment valid ground
for his
termination. It
is
a situation analogous to loss
work;AND
when he merely availed of
a company
practice of
taking
sabbaticals
3. Proof that EE failed to meet the standards despite given of trust and confidence that must be duly proved by the
in order
to
afford them
the opportunity to
recover from
the
stresses
of driving the same long and monotonous bus routes by accepting reasonableopportunitytomeetthesame. employer.
Similarly,
compliance with the
twin
requirement
of notice
jobselsewhere. andhearingmustalsobeprovenbytheemployer.
UniversalStaffingServicesv.NLRC The mere mention of negative feedback from her team
members
is
WON there was just cause for dismissing Macuray due to
abandonment. The
fact
that
an employee’s performance is found to be poor does not notproofofherattitudeproblem.
necessarily mean that the employee is grossly and habitually
NO. Macuray
was
not
dismissed
from
work
and
he
did
not
abandon negligentofhisduties. DisloyaltyandConflictofInterest
hisemployment.
WillfulBreachofTrustorLossofConfidence
The Court is inclined to believe petitioner's allegations:
respondent Druguseorabuse
left
his work as bus driver to work for his family's trucking business. Holdingapositioninconflictwiththepresentposition.
SeriousMisconduct
There is no truth to the allegation that respondent was dismissed,
actually or constructively. He claims that the dispatcher informed
Nacaguev.SulpicioLines2
010
him that he was AWOL; however, a mere bus dispatcher does not
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Lackofcommonsense reasonable doubt is not required. Substantial evidence available at least one (1) month pay for every year of service, whichever is
GrossandHabitualNeglectofDuty under the
attendant circumstances,
which may justify the imposition higher.
of
the penalty of
dismissal,
may
suffice.
Liability for prohibited acts In
case of retrenchment to prevent losses and in cases of closures or
Enforcementofunionsecurityclause istobedeterminedonanindividualbasis. cessation of operations of establishment or undertaking not due to
Requisites Escariov.NLRC2
010 serious business losses or financial reverses, the separation pay
a. Theunionsecurityclauseisapplicable; Contemplating two causes for
the dismissal
of an employee, that
is: shall be equivalent to one (1) month pay or at
least
one-half
(1/2)
(a) unlawful lockout; and (b) participation in an illegal strike, the monthpayforeveryyearofservice,whicheverishigher.
b. The
bargaining
union
is
requesting
for
the
termination of
third paragraph of Article 264(a) authorizes the award of full A fraction of at least six (6) months shall be considered one (1)
employment
due
to
enforcement
of
the clause in the CBA;
backwages only when the termination of employment is a wholeyear.
AND
consequenceofanunlawfullockout.
c. There is sufficient evidence to support the union’s
On the
consequences of
an
illegal strike,
the provision distinguishes COMMONREQUISITES
decisiontoexpeltheemployeefromtheunion.
between a union officer and a union member participating in an 1. Goodfaith;
illegal
strike. A union officer who knowingly participates in an illegal
AlabangCountryClubv.NLRC 2. Terminationismatteroflastresort;
strike is deemed to have lost his employment status, but a union
The Club and the Union entered into a CBA, which provided for a member who is merely instigated or induced to participate in the 3. Two (2) Separate notices served on
the
affected
EE
and
DOLE
Unionshopandmaintenanceofmembershipshop. illegalstrikeismorebenignlytreated. ONEMONTHpriortointendeddateoftermination;
After
an
audit of Union funds, the Union notified respondents Pizarro, 4. Separationpay;
ii.Authorizedcauses
Braza, and Castueras of the audit results and
asked
them
to
explain a. Installation of labor saving Device or Redundancy = 1
thediscrepanciesinwriting. ARTICLE 298.
Closure
of
Establishment and Reduction of Personnel. month
pay or at least 1 month pay for every year of service
Despite their explanations they were expelled from the Union for — The employer may also terminate the employment of any whicheverishigher;
malversation of Union funds. The Union, invoking the Security Clause employeedueto
b. Retrenchment or closure not due to serious losses = 1
oftheCBA,demandedthattheClubdismissthem.
1. theinstallationoflabor-savingdevices, month pay or at least 1/2 month pay for every year of
Termination of employment by virtue of a union security clause
2. redundancy, servicewhicheverishigher;
embodied in a CBA is recognized and accepted in our jurisdiction.
c. Closureduetoseriouslosses=NONE.
This practice strengthens the union and prevents disunity in the 3. retrenchmenttopreventlossesor
bargainingunitwithinthedurationoftheCBA. d. CBAprovisionshallprevail.
4. the closing or cessation of operation of the
Commissionofprohibitedactsduringstrike,etc. establishmentorundertaking 5. Fairandreasonablecriteria.
Solidbankv.Gamier2
010 unless the closing is
for the purpose of circumventing the provisions Installationoflabor-savingdevices
A worker merely participating in an illegal strike may not be of this Title, by serving a written notice on the workers and the refers
to
the
reduction of the
number
of
workers
in
any
workplace
terminated from employment. It is only when he
commits illegal Ministry of
Labor and Employment at
least one (1) month before the made necessary by the introduction of
labor-saving machinery
or
acts during a strike that he may be declared to have lost intendeddatethereof. devices.
employmentstatus. In case of termination due to the installation of labor-saving 1. There must be introduction of machinery, equipment or
There must be proof that he or she committed
illegal
acts
during
a devices or redundancy, the worker affected thereby shall be entitled otherdevices;
strike. In all cases, the striker must be identified. But proof beyond to
a separation pay
equivalent
to
at
least
his one (1) month pay or to
2. Theintroductionmustbedoneingoodfaith;
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3. The purpose for such introduction must be valid such as to 294.
Here, respondents' only basis for declaring petitioner's position
save on cost, enhance efficiency and other justifiable
On the other hand, a return-to-work order is issued by the
SOLE redundant was that his
function, which was to
monitor the
delivery
economicreasons; when he or she assumes jurisdiction over a labor dispute in an of
supplies, became unnecessary upon completion of the shipments.
4. There
is
no
other option available to the employer than the industrythatisconsideredindispensabletothenationalinterest. However, upon
careful scrutiny, this Court finds that the Employment
Agreementitselfcontradictsrespondents'allegation.
introduction of machinery, equipment or device and the WONthe2002redundancyprogramofPLDTwasvalid.
consequent termination of employment of those affected There was no mention of monitoring shipments as part of
YES. To establish good faith, the company must provide substantial petitioner's tasks. If his work pertains mainly to the delivery of
thereby;and proof that the services of the employees are in excess of what is supplies, it should have been specifically stated in his job
5. There must be fair and reasonable criteria in selecting required of the company, and that fair and reasonable criteria were description. There
was, hence:,
no basis
for
respondents to consider
usedtodeterminetheredundantpositions. hispositionirrelevantwhentheshipmentshadbeencompleted.
employeestobeterminated.
PLDT's declaration of redundancy was backed by substantial Likewise, respondents failed to show that they used fair and
Redundancy evidence showing a consistent
decline
for
operator-assisted calls for reasonable criteria in determining what positions should be
exists when "the services of an employee
are
in
excess
of
what
is bothlocalandinternationalcallsbecauseofcheaperalternatives. declaredredundant.
reasonablydemandedbytheactualrequirementsoftheenterprise." Aquino v. NLRC differentiated between separation pay and retirement
In Panlilio v.
NLRC, this
Court held
that
fair and
reasonable criteria
benefits:
For the implementation of a redundancy program to be valid,
the may take into account the preferred status, efficiency, and seniority of
employermustcomplywiththefollowingr
equisites: 1. Separation pay is required in the cases enumerated in employees to be dismissed due to redundancy. Yet, respondents
Articles 283 and 284 of the Labor Code, which include never showed that they used any of
these in
choosing petitioner as
1. written notice served on both the employees and the retrenchment, and is computed at
at
least one
month salary amongtheemployeesaffectedbyredundancy.
DOLE at least one month prior to the intended date of or at the rate of one-half month salary for every month of
retrenchment; service, whichever is higher. We have held that it is a Retrenchmenttopreventlosses
statutory right designed to provide the employee with the
2. payment of separation pay equivalent to at least one wherewithal during the period
that he is looking for another Retrenchment or downsizing is a mode of terminating
month pay or at least one month pay for every year of employment. employment initiated by the employer through no fault of the
service,whicheverishigher; employee and without prejudice to the latter, resorted to by
2. Retirement benefits, where not
mandated by
law,
may
be
granted by agreement of the
employees and
their
employer management during periods of business recession, industrial
3. goodfaithinabolishingtheredundantpositions;and
or
as
a voluntary
act
on the part of the employer. Retirement depression or seasonal fluctuations or during lulls over shortage of
4. fair and reasonable criteria in ascertaining what benefits are intended to help the employee enjoy the materials. It is a reduction in
manpower, a measure utilized
by
an
positions are to be declared redundant and accordingly remainingyearsofhislife. employer to
minimize business losses
incurred in the operation of
abolished. itsbusiness.
Acostav.MatiereSAS2019Leonen,J
ManggagawangKomunikasyonsaPilipinasv.PLDT2017Leonen Thefollowingconditionsmustbepresent,namely:
In redundancy, an employer must show that it applied fair and
An employer's declaration of redundancy becomes a valid and reasonable
criteria
in determining what positions have to be declared 1. The
retrenchment must be reasonably necessary and likely
authorized cause for dismissal when the employer proves by redundant. Otherwise, it will be held liable for
illegally
dismissing top
reventbusinesslosses;
substantial evidence that
the
services
of an
employee
are more than theemployeeaffectedbytheredundancy.
what is reasonably demanded by the requirements of the business 2. The losses, if already incurred, are not merely de
WON Acosta
was validly
dismissed
from
employment
on
the
ground
enterprise. minimis, but substantial, serious, actual and real, or, if
ofredundancy.
Anorderofreinstatementisdifferentfromareturn-to-workorder. onlyexpected,arereasonablyimminent;
NO. Assuming that respondents can declare some positions
The award of
reinstatement, including backwages,
is
awarded by
a redundant due to the alleged decrease in volume of their
business, 3. The expected or actual losses must be proved by
Labor Arbiter
to
an
illegally
dismissed
employee
pursuant to Article theystillhadtocomplywithotherrequisites.This,theyfailedtodo. sufficientandconvincingevidence;
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4. The retrenchment must be in good faith for the criterion for retrenching an
employee. Retrenchment that
disregards
YES. PAL was discharged of the burden to prove serious financial an employee's record and length of service is an illegal termination of
advancement of
its interest and not to defeat or circumvent
losses in
view
of
FASAP's admission. Interestingly, FASAP averred in employment.
theemployees'righttosecurityoftenure;and its
position paper therein that it was not opposed to the retrenchment
5. There must be fair and reasonable criteria in program because it understood PAL's financial troubles; and that it WON Pascua's
retrenchment was
valid based on the criteria that she
was only questioning the manner and lack of standard in carrying out hadthehighestrateofpay.
ascertaining who would be dismissed and who would
be
the retrenchment. Evidently, FASAP's express recognition of PAL's NO. Retrenchment may only be exercised in compliance with
retained among the employees, such as status,
efficiency,
grave financial situation
meant that
such situation
no
longer needed substantiveandproceduralrequisites.
seniority, physical fitness, age, and
financial hardship for tobeproved,thesamehavingbecomeajudicialadmission.
certainworkers. Jurisprudence requires
that
the necessity of retrenchment to stave off
Presentation of the audited financial statements should not be the genuine
and
significant
business losses
or reverses be demonstrated
sole means by which to establish the employer's serious financial
by an employer's independently audited financial
FlightAttendantsandStewardsAssociationofthePhilsv.PAL losses. The presentation of audited financial statements, although
convenient in proving the
unilateral
claim of
financial
losses, is
not
statements. Documents that have not been the subject of an
In
determining the
validity
of
a retrenchment, judicial
notice may be independentauditmayverywellbeself-serving.
required for all cases of retrenchment. The evidence required for each
taken of the financial losses incurred by an employer undergoing case
of
retrenchment really depends
on
the
particular circumstances The records indicate that La Consolacion suffered serious
business
corporate rehabilitation. In
such a case,
the
presentation of
audited obtaining. In Revidad v. NLRC, the Court declared that "proof of reverses or an aberrant drop in its revenue and income, thus,
financial statements may not be necessary to establish that the actual financial losses incurred by the company is not a condition compellingittoretrenchemployees.
employerissufferingfromseverefinanciallosses. sine
qua non for retrenchment," and retrenchment may be undertaken
bytheemployertopreventevenfuturelosses. La Consolacion's failure was non-compliance with using fair and
Read-RitePhilsv.Francisco,etal.2017 reasonable criteria that considered the
status
and
seniority of
the
PAL used fair and reasonable criteria in selecting the employees to retrenchedemployee.
WON an employer, forced to undergo retrenchment due to serious beretrenchedpursuanttotheCBA.
This
Court in Asia World Publishing House, Inc. v. Ople considered
business losses, be required to
still
pay
Voluntary Separation Benefit In
selecting the
employees to
be dismissed, the employer is required
seniority, along with efficiency rating
and
less-preferred status,
as
a
after it had already paid Involuntary Separation Benefit to
adopt fair and reasonable criteria, taking into consideration factors
crucial facet of a fair and reasonable criterion for effecting
(retrenchment pay) to the retrenched employees, simply because it like:
retrenchment. Emcor,
Inc.
v. Sienes was categorical, a "retrenchment
had earlier paid, albeit mistakenly, eight (8) retrenched
employees a) preferredstatus; scheme without taking seniority into account rendered the
additionalVoluntarySeparationBenefit.
b) efficiency;and retrenchmentinvalid."
NO.Respondentsareonlyentitledtoinvoluntaryseparationbenefits.
c) seniority,amongothers. La Consolacion's disregard of respondent's seniority and preferred
Given the diametrical nature of an involuntary and a voluntary The requirement of fair and reasonable criteria is imposed on the status relative to a part-time employee indicates its resort to an
separation from
service,
one
necessarily excludes the other. For sure, employer to preclude the occurrence of arbitrary selection of unfairandunreasonablecriterionforretrenchment.
an employee's termination from service cannot be voluntary employees to be retrenched. Absent any showing of bad faith, the Employees who
have
earned their
keep by
demonstrating exemplary
andinvoluntaryatthesametime. choice of who should be retrenched must be conceded to the performance and securing roles in their respective organizations
employerforaslongasabasisfortheretrenchmentexists. cannot be summarily disregarded by nakedly pecuniary
FlightAttendantsandStewardsAssociationofthePhils.v.PAL
PAL resorted to both efficiency rating and inverse seniority in considerations.
2018EnBanc
selecting the employees to be subject of termination. To insist on
Closingorcessationofoperationoftheestablishmentor
In
determining the
validity
of
a retrenchment, judicial
notice may be seniority as
the
sole
basis for
the
selection would be unwarranted, it
taken of the financial losses incurred by an employer undergoing appearingthattheapplicableCBAdidnotestablishsuchlimitation. undertaking
corporate rehabilitation. In such a case, the presentation of
audited Refers
to
the
complete
or partial cessation of the operations and/or
financial statements may not be necessary to establish that the LaConsolacionCollegeofManila,etal.v.Pascua2018Leonen,J
shut-downoftheestablishmentoftheemployer.
employerissufferingfromseverefinanciallosses.
When termination of employment
is
occasioned by
retrenchment to
1. There
must
be
a decision to close or cease operation of the
WONPALvalidlyretrencheditsemployees. prevent losses, an employer must declare a reasonable cause or
enterprisebythemanagement;
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2. Thedecisionwasmadeingoodfaith;and Distinguishfromstoppageofworkorsuspensionofoperation Tobeavalidgroundfortermination,thefollowingmustbe
3. There is no other
option
available
to
the
employer
except ARTICLE128.VisitorialandEnforcementPower.—xxxx present:
tocloseorceaseoperations. (c) The SOLE may likewise order stoppage of work or 1. Theemployeemustbesufferingfromanydisease;
PrincipleofAbsorptioninCorporateMerger;Effectofsaleof suspension of operations of any unit or department of an 2. The
continued
employment
of
the
employee
is
prohibited
by
assetsandsaleofinterest; establishment when non-compliance with the law or implementing law or
prejudicial
to
his/her
health
as well as to the health
rules and
regulations poses grave and
imminent danger to the health
Involves a transfer of ownership of business to a new employer ofhis/herco-employees;and
and safety of
workers in
the workplace. Within twenty-four hours, a
whereby the successor-employer is deemed to have absorbed the hearing shall be conducted to determine whether an order for the 3. There must be certification by a competent public
health
EEs and is held liable for the transgression of his predecessor when stoppage of work or
suspension of
operations shall be lifted or
not. authority
that the disease is incurable within a period of six
such transfer is
made in bad faith
or
used to defeat the rights In case the violation is attributable to the fault of the employer, he (6)monthsevenwithpropermedicaltreatment.
oflabor. shall pay
the employees concerned their salaries or wages during the Astoproceduraldueprocess
Dismissalforfalseornon-existentcause periodofsuchstoppageofworkorsuspensionofoperation.
The employer must furnish the employee two written notices in
xxxx
Absences incurred by an employee who is prevented from reporting terminationsduetodisease,namely:
for work due to his detention to answer some criminal charge is Temporaryorperiodicshutdownandtemporarycessationofwork 1. the notice to apprise the employee of the ground for which his
excusable if his detention is baseless, in that the criminal charge
SECTION 7. RULE IV. BOOK III. Temporary or periodic shutdown dismissaliss ought;and
against him is not at all supported by sufficient evidence. In
and temporary cessation of work. — (a) In cases of temporary or 2. the notice informing the employee of his dismissal, to be
Magtoto v. National Labor Relations Commission as well as
periodic shutdown and temporary cessation of work of an issued after t he employee has been given reasonable
Pedroso v.
Castro, we declared such absences as not constitutive of
establishment, as when a yearly inventory or when the repair or opportunitytoanswerandtobeheardonhisdefense.
abandonment, and held the dismissal of the employee-detainee
cleaning of machineries and equipment is undertaken, the regular
invalid.
holidays falling within the period shall be compensated in
FujiTelevisionv.Espiritu2014Leonen,J
The dismissed employees should be reinstated to their former accordancewiththisRule.
There is
no evidence showing that Arlene was accorded due process.
positions, since their separation from employment was founded on (b) The regular holiday during the cessation of operation of an After informing her employer of her lung cancer, she was not given
a false or non-existent cause; hence, illegal.
The
dismissal being enterprise due to business reverses as authorized by the SOLE may the chance to present medical certificates. Fuji immediately
illegal, respondent is entitled to backwages as a matter of right notbepaidbytheemployer. concluded that Arlene could no longer perform her duties because of
providedbylaw. chemotherapy. It
did not ask her how her
condition would affect her
Diseaseasgroundfortermination work. Neither did it
suggest for her to take a leave, even though she
SuspensionofOperations,basisandmaximumperiodallowed
was entitled to sick leaves. Worse, it
did not present any certificate
ARTICLE 301. When Employment not Deemed Terminated. — The ARTICLE 299. Disease as Ground for
Termination. — An employer from a competent public health authority. What Fuji did was to
bonafide suspension of the operation of a business or undertaking for may terminate the s ervices of
an
employee who has
been found to
be
inform her that her contract would no longer be renewed, and when
suffering from any disease and whose continued employment is she did n ot agree, h er s alary w as w ithheld. T hus, the C ourt o f
Appeals
a period not exceeding six (6) months, or the fulfillment by the
correctly upheld the finding of the NLRC that for failure of Fuji to
employee of a military or civic duty shall not terminate prohibited by law or is prejudicial to his health as well as to the
complywithdueprocess,Arlenewasillegallydismissed.
employment. In all such cases, the employer shall reinstate the healthofhisco-employees:
employee to his former position without loss of seniority rights if he Provided, That he is paid separation pay equivalent to at least one (1) b.Proceduraldueprocess
indicates his desire to resume his
work not later than one (1) month month salary or to one-half (1/2) month salary for every year of Termination of Employment Based on Just Causes. As defined in
from the
resumption of operations of
his employer or from his relief service, whichever is greater, a fraction of at least six (6) months
fromthemilitaryorcivicduty. Article 297 of the Labor Code, as amended, the requirement of two
beingconsideredasone(1)wholeyear.
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written notices served on the employee shall observe the c) After determining that
termination
of
employment
is
justified, WON Red System was guilty of imposing a double penalty against
following: Mamaril.
the employer shall serve the a written
employee notice
of
a) Thefirstw
rittennoticeshouldcontain: terminationindicatingthat: NO. Mamaril's preventive suspension and subsequent dismissal
1. The specific causes or grounds for termination as from the
service
do
not
partake
of
a double
penalty;
neither may his
1. all circumstances involving the charge against the
dismissalberegardedasharshandexcessive.
provided for under Article 297 of the Labor Code, as employeehavebeenconsidered;and
amended,andcompanypolicies,ifany; Mamaril's initial suspension was a preventive suspension that
was
2. the grounds have been established to justify the necessary to protect Red System's equipment and personnel. Mamaril
2. Detailed
narration
of
the
facts
and
circumstances
that will severanceoftheiremployment. was placed
under preventive
suspension considering that during the
serve as basis for the charge against the employee. A pendency of the administrative hearings, he was noticed to have
The foregoing notices shall be served personally to the
generaldescriptionofthechargewillnotsuffice;and several near-accident misses
and
he
had exhibited a lack of concern
employee or to the employee's last known address. (Sec 5. Rule for
his
work.
His
inattentiveness posed a serious
threat to the safety
3. A directive that the employee is given opportunity to I-A.BookVI.OmnibusRules) ofthecompanyequipmentandpersonnel.
submitawrittenexplanationwithinareasonableperiod.
2.Preventivesuspension Reassignmentortransferasremedialmeasure
"Reasonable
period" should
be
construed
as of at least
a period
DO9-1997,amendingBookVoftheOmnibusRules; The purpose of reassignments is no different from that of
five (5) calendar days from receipt of the notice to give the
May be defined as the temporary removal of an EE charged for preventive suspension
which management could validly impose as
employee an opportunity to study the accusation, consult or be
violation of
company
rules from his present status or position. It is a
disciplinary measure for the protection of the company's property
represented by a lawyer
or
union
officer, gather
data
and
evidence,
not a disciplinary measure and should not be confused with pending investigation of any alleged malfeasance or misfeasance
anddecideonthedefensesagainstthecomplaint.
suspension imposed as a penalty. It shall not last longer than committedbytheemployee.(R uizv.WendelOsakaRealty2 012)
b) After serving the first notice, the employer should afford the
thirty(30)days. 3.Illegaldismissal
employee ample opportunity to be heard and to
Thismaybeimposedwhileaninvestigationisongoing.
defend himself with the assistance of his representative if he a.Kinds
sodesires. The notice
of
preventive
suspension
cannot
be
considered
as
i.Nojustorauthorizedcause
adequatenoticetoexplain.(Tanalav.NLRC)
"Ample opportunity to be heard" means any meaningful Maulav.XimexDeliveryExpress2017
opportunity given to the employee to answer the charges Maulav.XimexDeliveryExpress2017
Dismissal from
employment has
two
facets:
first, the
legality
of
the
against him and submit evidence in support of his defense, Preventive suspension may be legally
imposed against an
employee act of dismissal, which constitutes substantive due process; and,
whether in a hearing, conference or some other fair, just and whose alleged violation is
the subject of
an investigation. Preventive second, the legality of the manner of dismissal, which constitutes
reasonable way. A formal hearing or conference becomes suspension is
justified where the employee's continued employment proceduraldueprocess.
poses a serious and imminent threat to the life or property of the
mandatoryonly Respondent manifestly failed to prove that petitioner's alleged act
employer or of the employee's co-workers. Without this kind of
1. whenrequestedbytheemployeeinwritingor threat,preventivesuspensionisnotproper. constitutesseriousmisconduct.
2. substantial evidentiary disputes exist or a company Here, it
cannot be
said
that
petitioner posed a danger on the
lives
of ONSERIOUSMISCONDUCT
ruleor the officers or employees of respondent or their properties. Being Misconduct is
improper or
wrong conduct;
it
is
the
transgression of
one of the Operation Staff, which was a rank and file position, he some established and definite rule of action, a forbidden act, a
3. practicerequiresit,or could not and would not be able to sabotage the operations of dereliction of duty, willful in
character,
and
implies wrongful
intent
4. whensimilarcircumstancesjustifyit. respondent. andnotmereerrorinjudgment.
Mamarilv.RedSystemCompany2018 While this Court held in past decisions that accusatory and
inflammatory language used by an employee to the employer or
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superior can be a ground for dismissal or termination, the monetary equivalent computed from
the
time
the
compensation was respondent repeatedly committed mistakes or repeatedly failed to
circumstances peculiar to this case find the previous rulings notpaiduptothetimeofactualreinstatement. perform his duties. As regards the charge of intoxication, Section
inapplicable. The admittedly insulting and unbecoming language An employee's removal for just or authorized cause but without 33(6) of the POEA SEC provides that drunkenness must be
uttered by petitioner to the HR Manager should be viewed with complying with the proper procedure, on the other hand, does not committed while on duty to merit dismissal from employment.
reasonable leniency
in
light of
the
fact
that it was committed under invalidate the dismissal. It obligates the erring employer to pay Here, respondent was admittedly off duty when he was allegedly
an emotionally charged state. Indeed, there was only lapse in nominal damages to the employee, as penalty for not complying caughtbythemasterdrinkingonboard.
judgmentratherthanapremeditateddefianceofauthority.
withtheproceduralrequirementsofdueprocess. The lack of just or valid cause of respondent's dismissal was
ONTOTALITYOFINFRACTIONS It is true that respondent may indeed be considered as one who further exacerbated by petitioners' failure to afford respondent
occupies a position of
trust and confidence as he is one of those who proceduraldueprocess.
Even if a just cause exists, the employer still has the discretion
whether to dismiss the employee, impose a lighter penalty, or were entrusted with the handling of
a significant
amount or
portion It is only in the exceptional case of
clear and existing danger to
the
condone the offense committed. In making such decision, the of petitioners' products for sale. However, even a quick perusal of the safety of the crew or vessel that the required notices are
dispensed
employee'spastoffensesmaybetakenintoconsideration. records at hand would show that petitioners failed to present with; but just the same, a complete report should be sent to the
substantial evidence to support their allegations that respondent had, manning agency, supported by substantial evidence of the findings. In
In
Merin
v. NLRC, this Court expounded on the principle of totality of in any way, participated in the theft of the company's stolen items the case at bar, the records are bereft of any evidence showing that
infractionsasfollows: and that after his preventive suspension he no longer reported for respondent was given a written
notice of
the
charges against him, or
The totality of infractions or the number of violations committed work. thathewasgivenanopportunitytoexplainordefendhimself.
during the period of employment shall be considered in
EvicHumanResourceManagementInc.v.Panahon2017 Malcabaetal.v.ProhealthPharmaPhils.2018Leonen,J
determining the
penalty
to be imposed upon an erring employee.
The
offenses committed by petitioner should not be taken singly WONtherewasjustcauseindismissingPanahon. While this Court recognizes the inherent right of employers to
andseparately.
NO. The Court finds the Crew
Behavior Report sorely inadequate in discipline their employees, the penalties imposed must be
Here,
respondent cannot invoke the principle of totality of infractions meeting the required quantum of proof to discharge petitioners' commensurate with the infractions committed. Dismissal of
considering that petitioner's alleged previous acts of misconduct burden. For one, the statements contained therein were employees for minor and negligible offenses may be
considered
as
were not established in accordance with the requirements of uncorroborated and
self-serving. No
other evidence was presented to illegaldismissal.
proceduraldueprocess. support the statements of the Captain. In Skippers United Pacific, WONNepomucenoandPalit-Angwereillegallydismissed.
Inc. v. NLRC, the Court did not give weight and credence to the YES. Loss of trust and confidence is a just cause to terminate either
Distribution&ControlProductsInc.v.Santos2017
uncorroborated Chief Engineer's Report which purportedly specified managerial employees or rank-and-file employees who regularly
WONSantoswasvalidlydismissedforjustcause. the causes for the seafarer's dismissal. In Maersk-Filipinas handle large
amounts of
money
or
property in the regular exercise of
Crewing, Inc. v. Avestruz, the Court likewise disregarded the theirfunctions.
NO. In
the
case
of
Brown
Madonna
Press,
Inc.
v.
Casas, this
Court
uncorroborated and self-serving electronic mails of
the ship
captain
held: For
an
act
to
be
considered
a loss
of
trust and confidence, it must be
as
proof of
the
seafarer's supposed neglect of
duty and perverse and
In determining whether an employee's
dismissal had been
legal,
the wrongfulattitude. first,work-related,ands econd,foundedonclearlyestablishedfacts.
inquiry focuses on whether the dismissal violated his right to The breach of trust must likewise be willful. Nepomuceno alleges
substantial and procedural due process. An employee's right not to be Here, while the report was signed by four (4) crew members, the
that he was illegally dismissed merely for his failure
to
inform
his
dismissed without just or authorized cause as provided by law, is statements contained therein were,
as
correctly observed by
the
CA,
superiorsoftheactualdatesofhisvacationleave.
covered by his right to substantial due process. Compliance with basedonactswitnessedonlybyCaptainButon.
While an
employer
is
free
to
regulate
all
aspects of employment, the
procedure provided in the Labor
Code, on the other hand, constitutes Incompetence or inefficiency, as a ground for dismissal, is exercise of
management prerogatives must be
in good faith and must
theproceduraldueprocessrightofanemployee. understood to mean the
failure
to attain
work
goals or
work
quotas, notdefeatorcircumventtherightsofitsemployees.
Termination without a just or authorized cause renders the either
by
failing to
complete the same within
the allotted reasonable
period,orbyproducingunsatisfactoryresults. In industries that mainly rely on sales, employers are free to
dismissal invalid, and entitles the employee to reinstatement
discipline errant employees who deliberately fail
to
report
for
work
without loss of seniority rights and other privileges and full Petitioners failed to show that respondent willfully or deliberately during a crucial sales period. It would have been reasonable for
backwages, inclusive of allowances, and other benefits or their caused the alleged accident during the mooring operations or that
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respondents to discipline Nepomuceno had he been a problematic 3) Clear
DISCRIMINATION,
INSENSIBILITY
or
DISDAIN
by
an Failure to discharge this
burden
means
that
the
dismissal
employeewhounceremoniouslyrefusedtodohiswork. ERtohisEE. isillegal.
Nepomuceno turned over
all
of
his
pending work to a reliever before The TEST of constructive dismissal is whether a reasonable But before the employer must bear the
burden
of
proving
he
left
for
Malaysia. He was able to reach his sales quota and surpass that the dismissal was legal, the employees must first
person in the
position
of
the
EE would have felt
compelled to
give
his sales target even before taking his vacation leave. Respondents
up his position under
the circumstances. It
is
an
act
amounting to establish by substantial evidence that indeed they were
did not suffer any financial damage as a result
of
his
absence.
This
dismissal but
made to appear it is not. It is therefore a dismissal in dismissed.
was also petitioner Nepomuceno's first infraction in his nine (9)
years of service with respondents. None of these circumstances disguise. If
there
is
no dismissal, then there can be no question as to
constitutes a willful breach of trust on his part. The penalty
of thelegalityorillegalitythereof.
Examples
dismissal,thus,wastoosevereforthiskindofinfraction.
3. The burden of proving
compliance with
the
requirements
For disobedience to be considered as just cause for termination, two a. Reducingworkweekto3days;
of
notice
and
hearing prior to respondent's dismissal from
(2) requisites must concur: first, "the employee's assailed conduct b. BarringEEsfromenteringthepremises;
must have been wilful or intentional," and second, "the order employmentfallsonthee mployer.
violated must have been reasonable, lawful, made known to the c. NoticeofINDEFINITEsuspension; (b)Liabilityofofficers
employee and
must
pertain to
the
duties which
he
had been engaged
d. ImposingpreventivesuspensionWITHOUTactual Natureandscopeofliability
todischarge."
investigation;
When Gamboa went to collect the money from petitioner Palit-Ang, GR: fficers of a corporation are not liable for their official acts
O
he was told to return the next day as she was still busy. When e. ChangingEEstatusfromregulartocasual; unlessitisshowntheyhaveexceededtheirauthority.
Palit-Ang found out
that
the
money was to
be
used for
a car tune-up,
f. PreventingEEsfromreportingtowork. EXC: here the incorporators and directors belong to a single
W
she suggested to
Gamboa to just get the money from his mobilization
fundandthatshewouldjustreimburseitafter. Constructive dismissal is distinguished from illegal dismissal in family.
Palit-Ang's failure to
immediately give the money to Gamboa was not that in
the
latter,
intent
to
dismiss
is
clearly
expressed by
the
ER. Statutoryliability
the result of a perverse mental
attitude but
was
merely because she In the former however, ER NEVER indicates that
he
is
terminating RA8042asamendedbyRA10022.
was busy at the time. Neither did she profit from her failure to theEE.
immediately give the cash advance for the car tune-up nor did If the offense is committed by a corporation, trust, firm,
respondents suffer financial damage by her failure to comply. The The
unilateral
and
arbitrary
reduction
of
the
work
day scheme that partnership, association or any other entity, the penalty shall be
severepenaltyofdismissalwasnotcommensuratetoherinfraction. significantly reduced
employees’ salaries
is
a form
of
constructive imposed upon the guilty officer or officers of such corporation,
dismissal.(IntecCebuv.CA2016) trust,firm,partnership,associationorentity.
ii.Constructivedismissal
A college professor that was later appointed as a laboratory (c)Reliefsfromillegaldismissal
Constructive
dismissal occurs when an employee quits because
custodian, divesting him of his teaching load, was constructively EffectorConsequencesofDismissal
continued employment is rendered impossible, unreasonable
dismissed.(DivineWordCollegeofLaoagv.Mina2 016)
or unlikely as in the case of an offer of demotion in rank and a An employee who is unjustly dismissed from work shall be entitled
diminutioninpay. (a)Burdenofproof to
Thereisconstructivedismissalinthefollowing: 1. In illegal dismissal cases, the fundamental rule is that 1. reinstatement without loss of seniority rights and other
when an employer interposes the defense of resignation, privilegesandtohis
1) INVOLUNTARY RESIGNATION when continued
the burden to prove that
the
employee
indeed voluntarily
employment is rendered impossible, unreasonable or 2. fullbackwages,inclusiveofallowances,andtohis
resignednecessarilyrestsuponthee mployer.
unlikely; 3. otherbenefitsortheirmonetaryequivalent
2. The
employer
bears
the
burden of
proof
to
prove
that the
2) DEMOTIONinrankand/orDIMINUTIONofpay; computed from
the
time
his
compensation was
withheld from him
terminationwasforavalidorauthorizedcause.
uptothetimeofhisactualreinstatement.
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GR: hen an EE is validly dismissed, NO separation pay is
W is not private compensation or damages but is awarded in
could not be awarded
to
an
employee
whose
employment
was
given. furtherance and effectuation of the public objective of the Labor notterminatedbyhisemployer.
Code. Nor is
it
a redress
of a private right but rather in the nature of
EXC: Such cause does not constitute serious misconduct nor There were cases, however, wherein the Court awarded separation
a command to the employer to make public reparation for
reflect
on
the
EE’s
moral character, separation
pay
MAY be pay
in
lieu
of
reinstatement to
the
employee even
after a finding that
dismissing an employee either due
to
the
former’s
unlawful act
or
validly awarded. This is the DISCERNING COMPASSION there was neither dismissal nor abandonment. In Nightowl
badfaith. Watchman & Security Agency, Inc. v. Lumahan, the Court awarded
doctrine.
The rule in Bustamante is controlling that the dismissed separation pay in view of the findings of
the NLRC that
respondent
Reinstatement stopped reporting for work for more than ten (10) years and
never
employee is to
be paid backwages for the entire period that he was
Separation pay is made an alternative relief in lieu of without work, without deduction and without qualification returned.
reinstatementincertaincircumstances,like: pursuant to the express provisions of Article 279 of the Labor Code, SumifruCorpv.Baya2017
a. when reinstatement can no longer be effected in view of the as amended by Rep. Act No. 6715, i.e., without any deduction of
income the employee may have derived from employment The burden is on the employer to prove that the transfer or
passage of a long period of
time
or
because of
the
realities of demotion of an employee was a valid exercise of management
thesituation; elsewhere from the date of his dismissal up to his reinstatement,
prerogative and was not a mere subterfuge to
get rid of an employee;
thatis,coveringtheentiretyoftheperiodofthedismissal.
b. reinstatementisinimicaltotheemployer’sinterest; failing i
n w
hich, t
he e
mployer w
ill
b
e
f
ound l iable for constructive
The base figure is
the wage rate
at time of dismissal inclusive of dismissal.
c. reinstatementisnolongerfeasible;
“allowances”, excluding salary increases. Salary increases are WONAMSFCandDFCconstructivelydismissedBaya.
d. reinstatement does not serve the best interests of the parties not akin to allowances or benefits, and cannot be confused with
involved; either.(E quitableBankingv.Sadac) YES. The top management of both AMSFC and DFC, which were
sister companies at the time, were well-aware of the lack of
e. the employer is prejudiced by the workers’ continued Claudia’sKitchenInc.v.Tanguin2017 supervisory positions in AMSFC. This notwithstanding, they still
employment; proceeded to
order Baya's return therein, thus, forcing him to
accept
Astoseparationpay
f. facts that make execution unjust or inequitable have rank-and-file positions. Thus, AMSFC and DFC are guilty of
In sum, separation pay is only awarded to a dismissed employee in constructivelydismissingBaya.
supervened;or thefollowinginstances:
g. strainedrelationsb etweentheemployerandemployee However, in light of the underlying circumstances which led to Baya's
1. incaseofclosureofestablishmentunderArticle298; constructive dismissal, it is clear that an atmosphere of animosity
AwardWhenReinstatementnotViable 2. in case of termination due to disease or sickness under and antagonism now exists between Baya on the one hand, and
Article299; AMSFC and DFC on the other, which therefore calls for the application
a. Backwagesfromdateofdismissaluntilfinalityofdecision;
3. as a measure of social justice in those instances where
the of t
he d
octrineofstrainedrelations.
b. Separation pay from date of employment until finality of employee is
validly dismissed for causes other than serious Under the doctrine of strained relations, the payment of separation
decision(notdateofdismissal); misconductorthosereflectingonhismoralcharacter; pay is considered an acceptable alternative to reinstatement when the
c. 10%attorney’sfeesbasedontheawardscomputed;and 4. where the dismissed employee's position is no longer latteroptionisnolongerdesirableorviable.
available;
d. Interest on the awards computed from date of finality of Cosuev.FerritzIntegratedDevelopmentCorp2017
decision until they are paid, these monetary claims being 5. when the continued relationship between the employer and
the employee is no longer viable due to the strained WON Cosue was constructively dismissed because he reported to
equivalent to a forbearance of credit (Javellana, Jr v. Belen
relationsbetweenthem;or work immediately after his suspension but was not anymore allowed
2010)
6. when the dismissed employee opted not to be reinstated, or to w
ork.
Backwages the payment of separation benefits would be for the best NO. Bare allegations of constructive dismissal, when uncorroborated
Backwages in general are granted on grounds of equity for earnings interestofthepartiesinvolved. bytheevidenceonrecord,asinthiscase,cannotbegivencredence.
which
a worker
or
employee
has lost due to his illegal dismissal. It In fine,
as
a general
rule,
separation
pay
in
lieu
of
reinstatement
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UnionSchoolInternationaletal.v.Dagdag2018
Records do not show any demotion in rank or
a diminution
in
pay NO. Security guards, like other employees in the private
sector,
are
made against petitioner. Neither was there any act of clear The standard of morality with which an act should be gauged is entitled to security of tenure. However, their situation should be
discrimination, insensibility or disdain committed by respondents publicandsecular,notreligious. differentiated from that of other employees or workers. The
againstpetitioner. employment of security guards generally depends on their
Pregnancy of a school
teacher
out
of
wedlock
is
not
a just
cause
for
employers' contracts with clients who are third parties to the
Respondents' decision to give petitioner a graceful exit is perfectly termination of an employment absent any showing that the
employment relationship, and the requirements of the latter for
within their discretion. It is settled that there is nothing pre-marital sexual relations and, consequently, pregnancy out of
security services and what will be beneficial to them dictate the
reprehensible or illegal when the employer grants the employee a wedlock,areindeedconsidereddisgracefulorimmoral.
postingofthesecurityguards.
chance to resign and save face rather than smear the latter's
WONDagdagwasconstructivelydismissedbyUnionSchool.
employmentrecord. In
other
words, their security of
tenure, though it
shields them from
YES. Mandapat's act
of
suggesting that
Dagdag should simply tender demotions in rank or diminutions of salaries, benefits and other
Since
there
was neither
dismissal nor abandonment, the CA correctly
her resignation, as the school may impose harsher penalties, left privileges, does not vest them with the right to their positions or
sustained the LA and the NLRC's decision to order petitioner's
Dagdag with no
choice but
to
discontinue working for Union School. assignments that will prevent
their transfers or re-assignments. Only
reinstatement but without backwages, consistent
with
the following
Although there
was a conduct of
grievance meeting,
its outcome was when the period of their reserved or off-detail status exceeds the
pronouncement in Danilo Leonardo v. NLRC and Reynaldo's
already predetermined as petitioners were already resolute in their reasonable period of six months without re-assignment should the
MarketingCorporation,etal.
decision to terminate Dagdag's employment. This is evident by the affected security guards be regarded as dismissed. Indeed, there
PhilippinePanAsiaCarriersCorpv.Pelayo2018Leonen,J fact
that
Dagdag was left
with two choices—resignation or dismissal should be no indefinite lay-offs. After the period of
six
months, the
andthreateningherwithpossiblerevocationofherteachinglicense. employers should either recall the affected security guards to
work
WON Pelayo's involvement in the investigation conducted by or consider them permanently retrenched pursuant to the
To determine whether a conduct is disgraceful or immoral, a
petitioneramountedtoconstructivedismissal. requirements of the
law; otherwise, the
employers would be
held to
consideration of the totality of the circumstances surrounding the
havedismissedthem,andwouldbeliableforsuchdismissals.
NO. An employer who conducts investigations following the conduct; and an assessment of the said circumstances
vis-a-vis
the
discovery of
misdeeds by
its employees is not being abusive when it prevailing norms of conduct, i.e., what the society generally Under
DOLE Department Order No.
014-01, the tenure of security
seeks information from an employee involved in the workflow which considersmoralandrespectable,arenecessary. guards in their employment is ensured by guaranteeing that their
occasioned the misdeed. An employee's involvement in such an servicesaretobeterminatedonlyforjustorauthorizedcauses.
In
the
case
of
Capin-Cadiz v. Brent Hospital and Colleges, Inc. it is
investigation will naturally entail
difficulty. This
difficulty
does
not
heldthat: Their complaint for illegal dismissal was
even prematurely filed
on
mean that the employer is creating an inhospitable employment
August 14,
2008 because the notices were sent to
each
of
them only
atmosphere so as to ease out the employee involved in the Jurisprudence has already set the standard of morality with which
in the period from July 3, 2008 to August 2, 2008. We can only
investigation. an act should be gauged — it is public and secular, not
uphold the Labor Arbiter's conclusion that the respondents had
religious.
Thus, subject to the limits of ethical and lawful conduct, an employer actually abandoned their employment and had severed their
is
free to
adopt
any means for
conducting these
investigations. They The totality
of
evidence
in
this
case
does
not justify the dismissal of employment relationship with the petitioner themselves. Despite
can, for example, obtain information from the entire roster of Dagdag from her employment considering that there was no legal having been notified of the need for them to appear before the
employeesinvolvedinagivenworkflow. impediment to marry between Dagdag and
the father
of
her
child
at petitioner's head office to update their documents for purposes of
thetimeoftheconception. reposting, the
respondents refused to receive the notices, and did not
We have held that the standard for constructive dismissal is "whether
signthesame,withoutfirstknowingthecontentsofthememo.
a reasonable person in the employee's position would have felt SpectrumSecurityServicesIncv.Graveetal.2017
compelledtogiveuphisemploymentunderthecircumstances."
reSuspensionofBusinessOperations 4.Moneyclaimsarisingfromemployer-employee
This
Court fails
to see how the petitioner's investigation amounted to relationship
respondent's constructive dismissal. Other than respondent's bare A security guard placed on reserved or off-detail status is
allegation, there is
nothing to support the claim that her interviewers deemed constructively dismissed only
if
the
status should last more
than six months. Any claim of constructive dismissal must be FujiTelevisionv.Espiritu2014Leonen,J
were hostile, distrusting, and censorious, or that the interview was a
mere pretext to pin her down. Respondent's recollection is riddled establishedbyclearandpositiveevidence. SeparationPayinlieuofReinstatement
withimpressions,unsupportedbyindependentlyverifiablefacts. WONSpectrumSecurityconstructivelydismisseditsemployees. Allowedonlyinseveralinstancessuchas
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1) whentheemployerhasceasedoperations; Arlenewasforcedtolitigate. apreviouspostuntiltheyaretransferredtoanewone."
2) whentheemployee’spositionisnolongeravailable; In all cases however, the temporary lay-off wherein the employees
5.Whennotdeemeddismissed;employeeonfloating cease to work should not exceed six months, in consonance with
3) strainedrelations;and
4) a
substantial
period
has lapsed
from
date
of
filing to date of
status Article 301 of the Labor Code. After six months, the employees
finality. Ibonv.GenghisKhanSecurityServicesInc.2017 should either be recalled to work or permanently retrenched
following the
requirements of
the
law.
Otherwise,
the employees are
Well-entrenched is the rule that an illegally dismissed employee is An employer must assign the security guard to another posting considered as constructively dismissed from work and the agency
entitled to reinstatement as a matter of right. The doctrine of within six
(6) months from his last deployment, otherwise, he would canbeheldliableforsuchdismissal.
“strained relations” should be strictly applied so as not to deprive an be
considered constructively dismissed; and the security guard must
In the present controversy, when Bermeo filed his complaint for
illegallydismissedemployeeofhisrighttoreinstatement. be assigned to a specific or particular client. A general
constructive dismissal on September 5, 2008, it was only a week
return-to-workorderdoesnotsuffice.
Here, no evidence was
presented by Fuji
to
prove that
reinstatement after his unsuccessful assignment in French Baker on August 28,
was
no longer feasible. Fuji did not allege that it ceased operations or WONIbonwasconstructivelydismissedbyGenghisKhan. 2008. Even if the reckoning date would be his last assignment at
YES. In
Reyes
v. RP Guardians Security Agency, the Court held that Trinoma Mall, which ended on March 30, 2008, it is still less than the
that
Arlene’s position was no longer available. Nothing in the records
temporary off-detail of a security guard is
generally
allowed, but
is six-month period
allowed by
Article 301 for
employees to be placed
shows that Arlene’s reinstatement would cause an atmosphere of on floating status. Thus, the filing of
his
complaint
for constructive
tantamount to constructive dismissal if the floating status extends
antagonismintheworkplace. dismissal is
premature. Besides, it
is
unrebutted that
the petitioners
beyondsix(6)months.
MoralDamages contacted Bermeo for
a new assignment even after the latter has filed
In
Exocet Security v. Serrano, the Court absolved the employer even if acomplaintforconstructivedismissal.
Quitclaims in labor cases
do
not
bar
illegally
dismissed employees the security guard was on a floating status for more than six (6)
from filing labor complaints and money claims. As explained by monthsbecausethelatterrefusedthereassignmenttoanotherclient. IMPORTANTDOCTRINES
Arlene,shesignedthenon-renewalagreementoutofnecessity. Here, respondent should have deployed petitioner to a specific client
a. Doctrine
of Strained Relations. — The payment of separation
within six (6) months from his last assignment. The
Moral damages are awarded “when the
dismissal is
attended by
bad pay is considered an acceptable alternative to reinstatement
correspondences allegedly sent to
petitioner merely
required him to
faith
or
fraud
or
constitutes an act oppressive to labor, or is done in a explain why he did not report to work. He was
never assigned to
a when the latter
option
is
no
longer desirable
or
viable. On one
manner contrary to
good
morals, good customs or public policy.” On particular client. Further, petitioner's refusal to accept the offer of hand, such payment liberates the employee from what could be
the other hand, exemplary damages may be awarded when the reinstatement could not have the effect of validating an otherwise a highly oppressive work environment. On the other hand, it
dismissal was effected “in a wanton, oppressive or malevolent constructive dismissal considering that the same was made only
releases the employer from the
grossly unpalatable obligation
manner.” after
petitioner had filed
a case for illegal dismissal. At the time the
offer for reinstatement was made, petitioner's constructive ofmaintaininginitsemployaworkeritcouldnolongertrust.
Apart from Arlene’s illegal dismissal, the manner of her dismissal dismissalhadlongbeenconsummated. Strained relations
must
be
demonstrated
as
a fact,
however,
to
was effected in an oppressive approach with her salary and other
be adequately supported by evidence — substantial evidence to
benefits being
withheld, when she had no other choice but to sign the SuperiorMaintenanceServicesv.Bermeo2018
show that the relationship between the employer and the
non-renewalcontract.
Article 301
of
the
Labor Code was applied only by analogy to prevent employee is
indeed strained
as a necessary consequence of the
Attorney’sFees the floating status of employees hired by agencies from becoming
judicialcontroversy.
indefinite. This temporary off-detail of employees is not
a result
of
Article 111 of the Labor Code states that “in cases of unlawful
suspension of business operations but is merely a consequence of b. Totality of Infractions. — The totality of infractions or
withholding of
wages, the
culpable party may be assessed attorney’s
lackofavailablepostswiththeagency'ssubsistingclients. number of violations committed during the period of
fees equivalent to ten percent of the amount of wages recovered.”
Likewise, this court has recognized that “in actions for recovery of WONBermeowasconstructivelydismissedfromwork. employment shall
be considered in
determining the penalty to
wages or where an employee was forced to litigate and,
thus,
incur be imposed on the erring employee. The offenses committed
expenses to protect his rights and interest, the award of attorney’s
NO. In Salvaloza v. NLRC, temporary off-detail or floating status was
defined as
that
"period of
time when
security guards are
in
between by him should not be taken
singly
and
separately but in
their
fees is legally and morally justifiable.” Due
to
her
illegal dismissal,
assignments or
when
they are
made
to wait after being relieved from totality. Fitness for continued employment cannot be
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compartmentalized into tight little cubicles of aspects of habitual intoxication or an offense involving moral turpitude, VOLUNTARY resignation or “termination by EE WITHOUT just
character, conduct and ability separate and independent of each like theft or illicit sexual relations with a fellow worker, the cause”. The EE must have knowingly and voluntarily dissociated
other.(A
lvarezv.GoldenTriBloc2 013) employer may not
be
required to
give
the dismissed employee himselffromhisemploymentforh isownpersonalreasons.
c. Hobson Doctrine.
— What
was
the
true
nature
of
petitioner's separation pay, or
financial assistance, or whatever other name
This
DOES
NOT
include
cases
wherein
the
employee is FORCED to
offer to private respondents? It was in reality a Hobson's itiscalled,onthegroundofsocialjustice.(S anMiguelv.Lao)
resign with the use of threats, intimidation, coercion, or
choice. All that the private respondents were offered was a j. Discretionary
Justice.
— Where a penalty less punitive would
manipulation.
choice on the means or method of terminating their services suffice, whatever missteps may be committed by labor ought
The law requires the EE to submit an advance notice to the ER
but never as to the status of
their
employment. In
short, they not to be visited with a consequence so severe. It must be
knownasaR
ESIGNATIONNOTICE.
were never asked if they still wanted to work for petitioner. commensurate with the act, conduct or omission imputed
Hobson's Choice means no choice at all; a choice between to the employee (RCPI v. NLRC), and must consider the 1. It is to
be
given
at
least
1 month
before
effectivity
date
of
acceptingwhatisofferedorhavingnothingatall. employee’s length
of
service in
the
company, and his previous resignation.
d. TotalityofConduct.SameasB infractions(B onotanv.NLRC),ifany. 2. ThenoticeisforthebenefitoftheER.
e. Past Infraction Rule. — The number of same nature of k. Theory of Automatic
Assumption.
— BPI
is
deemed
to
have 3. ERhasdiscretiontoshortentheperiod.
violations committed shall be considered in determining the assumed the
employment contracts of
FEBTC employees upon
4. Failure to file notice will hold EE
liable
for
damages
for
penaltytobeimposed. effectivity of the merger without break in the continuity of their
losses.
employment even without express stipulation in the Articles of
f. Wenphil
Doctrine.
— Where
the
employer
had
a valid reason INVOLUNTARY
resignation
or “termination by EE WITH just cause”.
Merger.(B
PIv.BPIEmployeesUnion2 011EnBancResolution)
to dismiss an employee but did not follow the due process Occurs when the
intent of the
EE
is
vitiated.
This
results inillegal
requirement, the dismissal may be upheld but the employer
C.Terminationbyemployee dismissal. No notice is required to be
submitted by
the
EE under
willbepenalizedtopayanindemnitytotheemployee. theseinstances:
g. Bona
Fide
Occupational
Qualification Rule. — Employment 1.Withnoticetotheemployer 1. Serious insult by the employer or his representative on
in
particular jobs may not
be
limited to persons of a particular thehonorandpersonoftheemployee;
ARTICLE 300. Termination by Employee. — (a) An employee may
sex, religion, or
national origin unless the
employer can
show
terminate without just
cause the employee-employer relationship by 2. Inhuman and unbearable treatment accorded the
that sex, religion, or national origin is an actual qualification
serving
a written
notice on
the employerat
least
one (1) month in employeebytheemployerorhisrepresentative;
forperformingthejob.
advance. The employer upon whom no
such
notice
was served
may
3. Commission of a crime or offense by the employer or his
h. Successor
Employer
Doctrine.
— The
successor-employer is holdtheemployeeliablefordamages.
representative
against the person of the employee or any of
deemed to have absorbed the
employees and is
held liable
for
theimmediatemembersofhisfamily;and
the transgression of his predecessor when such change is made Resignation is the VOLUNTARY act of an employee dissociating
in bad faith or used to defeat the rights of labor (1998 Phil from his employment in the
belief
that
personal reason
cannot
be 4. Othercausesanalogoustoanyoftheforegoing.
Airlines) sacrificed in favor
of
the
exigency of
the
service.
Personal
reasons b) Expresso
rImpliedresignation
i. Doctrine of Discerning Compassion or Compassionate maybeduetohealthconcerns.
EXPRESS resignation is made in writing,
with
the
reasons
therein
Justice. — Separation pay
shall be
allowed as
a measure of Forms stated.
social justice only in those instances where the employee is
a) VoluntaryvsI nvoluntary( orcourtesyorforcedresignation) IMPLIED or constructive resignation is implied from antecedent,
validly dismissed for causes other than serious
contemporaneous and
subsequent
acts
indicating
that
EE no longer
misconduct or those reflecting on his moral character.
desirestocontinuehisemployment.
Where the reason for the valid dismissal is, for example,
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AcceptanceofResignationanditseffect 2.Withoutnoticetotheemployer resignation letter for more than
eight
(8)
hours inside
the
company
office. Apart from his bare and self-serving allegations, however,
Acceptance of resignation is not necessary. Resignation may
ARTICLE300.TerminationbyEmployee.—
xxx Doble failed to present substantial documentary or testimonial
however be withdrawn even if EE called it irrevocable.
If
the
ER evidencetocorroboratethesame.
has accepted and approved the tendered resignation, withdrawal (b)
An
employee may put an end to the relationship without serving
anynoticeontheemployerforanyofthefollowingjustcauses:
thereafterrequirestheER’sconsent.
D.Retirement
Generally, an EE who voluntarily resigns is NOT entitled to 1. Serious
insult
by
the
employer
or his representative on the
separationpay.Therearehowevertwoe xceptions: honorandpersonoftheemployee; Retirement has been defined as a withdrawal from office,
public
2. Inhuman and unbearable treatment accorded the station, business, occupation, or public duty. It is the result of a
1. WhenstipulatedinCBA;
employeebytheemployerorhisrepresentative; bilateral act of the parties, a voluntary agreement between the
2. SanctionedbyestablishedERpracticeorpolicy. employer and the employee whereby the latter, after reaching a
3. Commission of a crime or
offense
by
the
employer or
his
DelRiov.DPOPhils.2018 certain age, agrees and/or consents to
sever
his
employment with
representative against the
person of
the
employee
or
any of
theformer.
An employee who voluntarily resigns from employment is not theimmediatemembersofhisfamily;and
entitled to separation pay, except when it is stipulated in the RetirementPay
4. Othercausesanalogoustoanyoftheforegoing.
employment contract or the CBA, or
it
is
sanctioned by
established
employerpracticeorpolicy. GR: mployees dismissed for just
E cause
are
generally
entitled
3.Distinguishvoluntaryresignationandconstructive duetovestedrights
WON the CA is correct in deleting the award of separation pay in
favorofpetitioner. dismissal EXC: Where just cause termination proscribes the claim of
YES. There was no employment contract, much less a CBA, which Doble,Jr.v.ABBInc.2017 retirementpayascitedinther etirementplan.
contained the stipulation that would grant separation pay to resigning 1. Under the Labor Code, only unjustly dismissed employees are
Constructive dismissal is defined as quitting or cessation of
employees. Neither was
there
a company
practice
or
policy that was entitled to retirement benefits and other privileges including
work because continued employment is rendered impossible,
proventoexistintheinstantcase.
unreasonable or
unlikely.
There
is
involuntary
resignation due
to reinstatement and backwages. Since
petitioner’s dismissal was
To be considered a company practice, the giving of the benefits theharsh,hostile,andunfavorableconditionssetbytheemployer. for a just cause, he is not entitled to any retirement benefit.
should have been done over a long period of time, and must be Notably, the Court has also disallowed claims for retirement
shown to have been consistent and deliberate. As records would On the other resignation
hand, is the voluntary act of an employee
who is in a situation where one believes that personal reasons cannot benefits in valid dismissal cases because the retirement plan
show, the giving of the monetary benefit by respondents in
favor of
be sacrificed in favor of
the
exigency of
the
service,
and one
has
no itself precluded employees dismissed for cause from
availing
Legaspi and Martinez is merely an
isolated instance. As explained by
respondents, the said benefit was not intended as a separation pay other choice but to dissociate oneself from employment. It is a it.(S yv.Metrobank)
but more of
a promise or an
assurance to
Legaspi and
Martinez that formal pronouncement or relinquishment of an office, with the 2. ⭐An employee in the private sector who did not expressly
they would be paid
a benefit if
they tender their
resignation. As held intention of relinquishing the office accompanied by the act of
agree to the terms of an early retirement plan cannot be
in
Alfaro v.
Court of Appeals, an employer who agrees to expend such relinquishment.
separated from the service before he reaches the age of 65
benefit as an incident of the resignation should not be allowed to As the intent to relinquish must concur with the overt act of years. The employer who retires the employee
renegeintheperformanceofsuchcommitment. relinquishment, the acts
of
the
employee before
and after the alleged
prematurely is guilty of illegal dismissal, and is liable to
This was not the
case
for
petitioner. There was
no
promise given to resignation must be considered in
determining whether he or she, in
pay his back wages and to reinstate him without loss of
him. Rather, petitioner resigned on his own volition. Respondents did fact,intendedtoseverhisorheremployment.
seniority and other benefits, unless the employee has
not make any commitment to
petitioner
that
he
would
be
paid after ABB, Inc. and Desai
were
able
to
prove
by
substantial evidence
that meanwhile reached the mandatory retirement age under the
hisvoluntaryresignation. Doble voluntarily resigned. Doble insisted that he was constructively
Labor Code, in which case he is entitled to separation pay
dismissed because he was threatened, detained as if he were a
pursuant to the terms of the plan, with legal interest on the
prisoner, unreasonably pressured and compelled to write a
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backwages and
separation pay reckoned from the finality of the 6. In Progressive Development Corporation v. NLRC, the the
petitioner
because
there
was no voluntary acquiescence
decision.(Laya,Jrv.CA2018EnBanc) retirement plan, which allowed the employer to retire toUNIPROM'searlyretirementageoptiononherpart.
3. However, where the employee has been informed and had employees who had rendered more than 20 years of service, 9. On the other hand, in Obusan v. Philippine National Bank,
consented, as when in
accepting the
employment offer,
he
has was declared valid and enforceable even though it was not the petitioner therein, who was hired by PNB in 1979, was
assented to all existing rules, regulations and policy of the embodied in a CBA. In that case,
the
Court
concluded
that
the deemed covered by its retirement plan adopted on December
employer in
the employment contract, and furthermore, he did employees, who were hired before the execution of the 22, 2000. It
mandated that the employee should retire when he
not object to the compulsory age of retirement in the employer's retirement plan, were bound by it because the attained the age of sixty (60), regardless of his length of
Retirement Plan, he is deemed bound thereto. (Banco de Oro retirement plan was expressly made known and accepted service, or when he had rendered thirty (30) years
of service,
Unibankv.Sagaysay2015) bythem. regardless of age,
whichever of the said conditions came first.
4. OTHER CASES ON RETIREMENT PLAN. Jurisprudence is 7. In
contrast, the case of Jaculbe v. Silliman University did not Considering that on February 21, 2001, PNB had informed all of
replete with cases discussing the employer's prerogative to allow the application of a lower retirement age.
The petitioner its officers and employees about the said retirement plan, the
lower the
compulsory retirement
age subject
to
the
consent
of in the said case was employed sometime in 1958 while the said plan was then registered with the BIR and was later
itsemployees. retirement plan,
which automatically retired its members upon recognized by the Philnabank Employees Association in its
reaching the age of 65 or after 35 years of uninterrupted service CBA. Despite the
proper dissemination of information, no one
5. In Pantranco North Express, Inc. v. NLRC, the Court upheld
to
the university, came into being in
1970. The said retirement questioned the retirement plan. Hence, the Court deemed it
the retirement of the private respondent therein pursuant to
a valid and
effective as
due notice of the employer's decision
CBA allowing the employer to compulsorily retire employees plan was not applied to the petitioner because there was
no
agreementt owhichthelatterassented. toretireanemployeewasadequatelyprovided.
upon completing 25 years of service to the company.
8. Similarly, the case of Cercado v. UNIPROM Inc., involved a 10. ⭐Retirement of Part-time Faculty. Under the rule of
Interpreting Article 287, the Court held that the Labor Code
permits employers and employees to fix the applicable non-contributory retirement plan which provided that any statutory construction of expressio unius est
exclusio alterius,
retirement age lower than 60 years of age. The Court also employee with
twenty (20)
years of service,
regardless of
age, Bernardo's claim for retirement benefits cannot be denied on
stressed that "providing in
a CBA for compulsory retirement of may be retired at his option or at the option of
the
company. the ground that he was a part-time employee as part-time
employees after twenty-five (25) years of service is
legal
and The said plan was adopted while the petitioner therein was employees are not among those specifically exempted
enforceable so long
as the parties agree to
be governed by employed earlier. When respondent UNIPROM retired the under RA No. 7641 or its Implementing Rules. (Dela Salle
suchCBA." petitioner pursuant to its retirement plan, the latter objected AranetaUv.Bernardo2017)
stating that she did not consent to it. The Court ruled in favor of
Source Provision Requirementforavailment Beneficiary ExemptionsandExclusions
Art302[287] One-halfmonthsalaryforeveryyearof 1. OptionalAge:60;Compulsory:65 1. Allemployeesinprivatesector; 1. NationalGov,LGCs,GOCCsunder
servicethatincludes: 2. 5yearminimumservice; 2. Part-timers; CivilServiceLaw;
1. 15dayslatestsalaryrate;andifentitledto 3. Eligibleforretirement; 3. Employeesofserviceandotherjob 2. Retail,service,agri
contractors; establishmentsregularly
RA10757onSurfaceMineWorkers 2. Cashequivalentofs erviceincentiveleave Optional:50; 4. Kasambahaysorpersonsinthepersonal
=5days; employingn otmorethan10.
Compulsory:60. serviceofanother;
3. 1/12ofthe13thmonthpay=2
.5days; 5. Undergroundmineworkers; 3. Dismissedfromworkduetojust
RA10789onRacehorseJockeys Compulsory:55. 6. EmployeesinGOCCsorganizedunder cause.
1/2MS=15+5+2.5=22.5days CorpCode.
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Catotocanv.LourdesSchoolofQuezonCity2017
It
is
clear
from the provisions of
the
Plan that
it
is the company that On the one hand, voluntary retirement cuts the employment ties
RETIREMENT PLAN. Acceptance by the employees of an early contributes to
a "retirement fund" for the account of the pilots. These leaving no residual employer liability; on the other, involuntary
retirement age option must be explicit, voluntary, free, and contributions comprise the benefits received by the latter upon retirement amounts to a discharge, rendering the employer liable
uncompelled. While an employer may unilaterally retire an employee retirement,separationfromservice,ordisability. for termination without cause. The
employee's intent is
decisive.
In
earlier than the legally permissible ages under the
Labor
Code,
this determiningsuchintent,therelevantparameterstoconsiderare
WON Hassaram is entitled to receive retirement benefits under
prerogative must be
exercised
pursuant to a mutually instituted early
Article287oftheLaborCode. 1. the fairness of the process governing the retirement
retirement plan. In other words, only the implementation and
decision,
execution of the option may be unilateral, but
not the
adoption
and It can be clearly inferred from the language of Art 287 that it is
institutionoftheretirementplancontainingsuchoption. applicableonlytoasituationwhere 2. thepaymentofstipulatedbenefits,and
WON Catotocan's
receipt of
her
retirement
benefits
will not stop her 1. there is no CBA or other applicable employment contract 3. theabsenceofbadgesofintimidationorcoercion.
frompursuinganillegaldismissalcomplaintagainstLSQC. providingforretirementbenefitsforanemployee,or
In this case, petitioner's claim that respondents forced him to retire is
NO. Retirement is the result of a bilateral act of the parties, a 2. there is a CBA or other applicable employment contract anchored on the supposed fact that at the start of school year
voluntaryagreementbetweentheemployerandtheemployee. providing for retirement benefits for an employee,
but
it
is 2014-2015, he was suddenly not given any teaching load by the
belowtherequirementsetbylaw. respondents on the ground that there were not enough enrollees in
Here, the CA and the NLRC did not gravely abuse its discretion in
the school.
However, aside from
such bare
claims, petitioner has not
finding that LSQC did not illegally dismiss Catotocan from service. Hassaram is a member of
ALPAP and
as
such,
is entitled
to
benefits
shown any evidence that would corroborate the same. It is settled
While it
may be
true
that
Catotocan was initially opposed to the idea from both the retirement plans
under the 1967 PAL-ALPAP CBA
and
that bare allegations of discharge, when uncorroborated by the
of her retirement at an age below 60 years, it
must be
stressed that thePlan.TheprovisionsoftheCBAarethereforeapplicable.
evidenceonrecord,cannotbegivencredence.
Catotocan's subsequent actions after her "retirement" are actually
In
contrast, Article 287 would entitle a retiring pilot to the equivalent
tantamount to
her
consent to
the
addendum to the LSQC's retirement The Court is
inclined to
hold that
petitioner retired from service, but
of only 22.5 days of his monthly salary for every year of service.
policy of retiring her from service upon serving the school for at nonetheless, pursued the
filing of the instant illegal dismissal case in
This scheme was thus considered by the Court as inferior to the
least thirty (30) continuous years. Catotocan performed all the acts to order to recover the proper benefits due to him. In
fact,
it
is
telling
retirement plans granted by PAL to the latter's pilots in Elegir and
ratifyherretirementinaccordancewithLSQC'sretirementpolicy. that he never asked to be reinstated as he only sought the
PAL.
payment of his retirement benefits. In view of the foregoing,
It must be stressed also that Catotocan's repeated application and
In view of the undisputed fact that H
assaram has received his respondents must duly pay petitioner not only his retirement
availment of
the re-hiring program of LSQC for qualified retirees for 3
benefits under the Plan, he is now entitled to claim only his benefits,butalsohisothermonetaryclaims.
consecutive years is a supervening event
that would
reveal that
she
remainingbenefitsundertheCBA.
has already voluntarily and freely signified her consent to the On this note, case law instructs that in labor cases where the
retirementpolicydespiteherinitialoppositiontoit. Barrogav.QuezonCollegesoftheNorth2018 concerned employee is entitled to the wages/benefits prayed for, said
employee is also entitled to attorney's fees amounting to ten
PALv.Hassaram2017 While retirement from service is similar to termination of percent(10%)ofthetotalmonetaryawardduehim.
employment insofar as they are common modes of ending
The determining factor in choosing which retirement scheme to
employment, they are mutually exclusive, with varying juridical
applyisstills uperiorityintermsofbenefitsprovided.
bases and resulting benefits. Retirement from service is V.LABORRELATIONS
WON the amount received by Hassaram under the Plan should be contractual,whileterminationofemploymentisstatutory.
deemedpartofhisretirementpay. A.Righttoself-organization
WON the CA correctly ruled that petitioner was not illegally
YES. Pursuant to
the Decisions of this Court in Elegir v. PAL and PAL dismissed by respondents, but rather, retired from his employment
v. ALPAP, the amount received
by Hassaram under the Plan must
be withthelatter. 1.Whomayormaynotexercisetheright
considered part of
his retirement pay. Combined with the
retirement a.Doctrineofnecessaryimplication
YES. Since the core premise of retirement is that it is a voluntary
benefits under the CBA between PAL and ALPAP, this scheme would
agreement, it necessarily follows that if the intent to retire is not
allow Hassaram to receive superior retirement benefits, thereby 2.Comminglingormixtureofmembership
clearly established or if the retirement is involuntary, it is to be
renderingArticle287oftheLaborCodeinapplicable.
treatedasadischarge.
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3.Rightsandconditionsofmembership a.Industryindispensabletothenationalinterest 1.Whomayormaynotexercisetheright
a.Natureofrelationship b.Effectsofassumptionofjurisdiction QualifiedandD
isqualifiedforUnionMembership
i.Member-Laborunion UnionismandPolicyofState ✔T hoseemployedincommercial,industrialandagricultural
ii.Laborunionfederation enterprises;
1. Righttos elf-organization;
B.BargainingUnit 2. Righttoc ollectivebargainingandnegotiations;
✔EEsofGOCCsWITHOUToriginalcharters(CorpoCode);
C.BargainingRepresentative 3. Righttop
eacefulconcertedactivities. ✔EEsofreligious,charitable,medicaloreducationalinstitutions,
forprofitornot;
1.Determinationofrepresentationstatus
A.Righttoself-organization ✔AlienEEs
D.Rightsoflabororganizations
1. Workinginthecountry;
1.Checkoff,assessment,agencyfees ARTICLE 253.
Coverage and Employees' Right to
Self-Organization.
— All persons employed in commercial, industrial and
agricultural 2. WithvalidworkingpermitsissuedbyDOLE;
2.Collectivebargaining enterprises and in religious, charitable, medical, or educational 3. Nationalsofcountriesgrantingsamerightsto
a.Dutytobargaincollectively institutions, whether operating for profit or
not,
shall
have
the
right Filipinoworkers(R
ECIPROCITYrule);and
to
self-organization and
to
form, join, or assist labor organizations of
b.CollectiveBargainingAgreement 4. CountryoforiginhasratifiedILO87and98ascertifiedby
theirownchoosingforpurposesofcollectivebargaining.
DFA.
i.MandatoryprovisionsinaC
BA Ambulant, intermittent and itinerant
workers, self-employed people,
rural workers and those without any definite employers may form ✔AllotherworkersFORmutualaidandprotectionandNOTfor
E.Unfairlaborpractices
labororganizationsf ortheirmutualaidandprotection. collectivebargaining;
1.Nature,aspects
✔Securityguards;
2.Byemployers ARTICLE 254. Right of Employees in the Public Service. — ✔WorkersinEPZs
Employees of government corporations established under the
3.Bylabororganizations ✘EEsofGOCCsunderSpecialcharters;
Corporation Code shall have the right to organize and to bargain
F.Peacefulconcertedactivities collectively with their
respective employers. All
other
employees in
✘ManagerialEEs;
the civil service shall have the right to form associations for
1.Bylabororganization ★ They
are those who are vested with powers or prerogatives
purposesnotcontrarytolaw.
a.Strike to
lay
down and
execute
management policies and/or hire,
Two-foldpurpose transfer, suspend, lay-off, recall, discharge, assign or
i.Validstrikesasdistinguishedfromillegalstrikes disciplineemployees.
1. Collectivebargainingandnegotiation;
b.Picket ★ Supervisory EEs are RELATIVELY prohibited in that they
2. Mutualaidandprotection.
are
not
allowed
to
join
unions
of
rank
and file by virtue of
2.Byemployer
separationofunionsd octrine.
a.Lockout
✘ConfidentialEEs
3.AssumptionofjurisdictionbySOLE
✘MembersofaCooperative;
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★ Ownerscannotbargainwiththemselves. c. Voluntarydissolution GR: The right of any person to join an organization also
includes
therighttoleavethatorganizationandjoinanotherone.
✘MembersofInternationalOrgs; 1. By⅔ofmembers;
2. Inameetingcalledforthepurpose; EXC: The right to refrain from joining labor organizations is,
★ Byd
octrineofincorporation,theyareimmunefromsuit.
however, limited. It is withdrawn by operation of law, where
3. An application to cancel submitted by the board
a.Doctrineofnecessaryimplication thepartieshaveagreedonac losedshop.
attestedtobythepresident;
Confidential employees, by Doctrine of Necessary Implication, EXCTOTHEEXC
arealsodisqualifiedforunionmembership.Theyarethosewho 4. FiledintheROwhichissuedtheCertofReg.
a. Members
of the religious sect which prohibit affiliation of their
1. assistoractinaconfidentialcapacityinregard 3.Rightsandconditionsofmembership membersinsuchlabororganization(1974Basa);
2. to persons who formulate, determine, and effectuate 1) POLITICALR
ights; b. Employees who are already members of another union
at
the
management policies, specifically in the field of labor timeofthesigningoftheCBA(Art.248(e),LaborCode);
★ 5YEARterms.
relations.
c. Confidential employees who are
excluded
from
the
bargaining
2) RighttoI NFORMATION;
Forthedisqualificationtoapply unit(2010BankofPhilIslands);
1. He must be in a fiduciary relationship with another to 3) DeliberativeandDecision-MakingRight;
d. Employeesexcludedbyexpresstermsoftheagreement.
whomhereportsorwhomheassists; 4) RightsoverM
ONEYmatters;
(b)Substitutionarydoctrine
2. The latter possesses labor-management relations
a.Natureofrelationship BenguetConsolidatedv.BCIEmployees&WUnion-PAFLU
information;and
i.Member-Laborunion
3. He has access to that information by reason of his This principle, formulated as an initial compromise solution to
the
position. Principal-Client Relationship. — Thus,
a union
cannot
waive
the problem facing it when there occurs a shift in employees’ union
personalrightsofamember. allegiance after the execution of a bargaining contract with their
ThedisqualificationwillNOTapplyif employer, merely states that even during the effectivity of a collective
ii.Laborunionfederation bargaining agreement executed between employer and employees
1. Theinformationisbusinessinformation;and
Principal-Client Relationship. — Thus, a federation cannot thru
their
agent, the employees can change said agent but the contract
2. The information may be labor-management relations in continues to bind them up to its expiration
date.
They may
bargain
sequestertheassetsofalocaltopunishit.
naturebuttheemployee’saccesstheretoisaccidentalonly. howeverfortheshorteningofsaidexpirationdate.
(a)Disaffiliation
2.Comminglingormixtureofmembership In formulating the “substitutionary” doctrine, the only
Non-abridgmentofrighttoself-organization consideration involved was the employees’ interest in the existing
Mixed-membership is NOT a ground for the cancellation of a bargainingagreement.Theagent’sinterestneverenteredthepicture.
union’s certificate of registration. The grounds are limited to the ARTICLE 257. Non-Abridgment of Right to Self-Organization. — It
The majority of the
employees, as
an
entity
under the
statute,
is
the
following: shall be unlawful for any person to restrain, coerce, discriminate
true party in interest to the contract, holding rights through the
against or unduly interfere with employees and workers in their agency of the union representative. Thus, any exclusive interest
Cancellationofunionregistration exerciseoftherighttoself-organization. claimedbytheagentisdefeasibleatthewilloftheprincipal.
Consideredasaninterorintra-uniondispute Such right shall include the right to form, join, or assist labor Stated otherwise, the “substitutionary” doctrine only provides that
GROUNDS organizations for the purpose of collective bargaining through the employees cannot revoke the validly executed collective
representatives of their own choosing and to engage in lawful bargaining contract with their employer by the simple
a. FraudintheratificationofConstitutionandBylaws; concerted activities for the same purpose for their mutual aid and expedient of changing their bargaining agent. And it is in the
light of this that the phrase “said new agent would have to
respect
b. Fraudinelectionofofficers; protection,subjecttotheprovisionsofArticle264ofthisCode.
said
contract” must be understood. It only means that the employees,
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2. Certificationelection; of
an
exclusive
bargaining
agent
of all the employees in the covered
thru their new bargaining agent, cannot renege on their collective
bargaining contract, except of course to
negotiate with management bargainingunit.
3. Run-offelection;OR
fortheshorteningthereof. Effect
Of
Certification.
— Upon the issuance of the certification as
The “substitutionary” doctrine, therefore, cannot be invoked to 4. Consentelection.
SEBA, the certified union or local shall enjoy all the rights and
support the contention that a newly certified collective bargaining
RequestforSEBACertification privileges of an exclusive
bargaining agent of
all
the
employees in
agent automatically assumes all the personal undertakings — like the
thecoveredbargainingunit.
no-strike stipulation here — in the collective bargaining agreement ★ SeeD
O40-I-2015onSEBACertification
made by the deposed union. When BBWU bound itself and its officers
Threescenarios
Inanunorganizedestablishmentwith>1LLO
not to
strike, it
could
not
have validly bound also all
the
other
rival
unions existing in the bargaining units in question. BBWU was the RD shall refer the same to the election
officer
for
the
conduct
of
1. Unorganizedestablishmentwith1LLO;
agent of the employees, not of the other unions which possess certificationelection.
distinct personalities. To
consider UNION contractually bound to the 2. Unorganizedestablishmentwith>1LLO;
Inanorganizedestablishment
no-strike stipulation would therefore violate the legal maxim that res 3. Organizedestablishment.
interaliosactaaliosnecprodestnecnocet. RD shall refer the same to the mediator-arbiter for the
Inanunorganizedestablishmentwith1LLO determination of
the propriety of conducting a certification election
B.BargainingUnit If the RD finds the establishment unorganized with only one inaccordancewithRulesVIIIandIXoftheRules.
legitimate labor
organization, he/she
shall
call
a conference within
"bargaining
A unit" has been defined as a group of employees CertificationElection
five(5)workdaysforthesubmissionofthefollowing:
of a given employer, comprised of all
or
less
than all
of
the
entire Whomayfile?
a. the names of employees in the covered bargaining unit
body of employees, which the collective interest of all the 1. LLO;
who signify their support for the certification, provided
employees, consistent with equity to the employer, indicate to
be
that said employees comprise at least
majority of the a. Independentunion;
the best suited to serve the reciprocal rights and duties of the
parties under the
collective bargaining provisions of the law. (UP v. numberofemployeesinthecoveredbargainingunit;and b. Nationalunionorfederation;
Ferrer-Calleja) b. certification under
oath
by
the
president
of
the
requesting c. Localchapter.
union or local that all documents submitted are
true
and
C.BargainingRepresentative 2. Employer, when requested to bargain collectively, and the
correctbasedonhis/herpersonalknowledge.
majoritystatusoftherequestingpartyisindoubt.
Exclusivebargainingagent The submission shall be presumed to be true and correct unless
If in an
organized
establishment, the
signature
of
at
least
25%
contested under oath
by
any
member of
the
bargaining
unit
during
Refers to any legitimate labor organization duly recognized or ofallemployeesinthebargainingunitisrequired.
the validation conference. For this purpose, the employer or any
certified as the sole and exclusive bargaining agent of all the
representative of the employer shall not be deemed a VenueandJurisdiction
employeesinabargainingunit.
party-in-interest but only as a by-stander to the process of With the Regional Office which issued the petitioning union's
Purpose certification. certificateofregistrationorcertificateofcreationofcharteredlocal.
To act as the representative of its members for the purpose of If the requesting union or local fails to complete the At the option of the petitioner, a petition for
certification
election
collectivebargaining. requirements for SEBA certification during the conference, the anditssupportingdocumentsmayalsobefiledonline.
1.Determinationofrepresentationstatus request for SEBA certification shall be referred to the election ediator-Arbiter.
ThepetitionshallbeheardandresolvedbytheM
officerfortheconductofelectionpursuanttoRULEIX.
Four(4)waysofdeterminingabargainingagent: WhentoFile?
Action On The Submission. — RD shall issue during the
1. RequestforSEBAcertification; Apetitionforcertificationelectionmaybefileda
nytime,except:
conference
a certification as SEBA enjoying the rights and privileges
BasedontheLecturesofA
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B
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a. when
a fact
of
voluntary
recognition
has
been
entered or a 3. Notice of Preliminary Conference. — The preliminary wherethereexistsab
argainingdeadlockwhich
valid certification, consent or run-off election has been conference is to
be
held
within
ten
(10)
working
days
from 1) has been submitted to conciliation or
conducted within the bargaining unit
within
one
(1)
year themediator-arbiter'sreceiptofthepetition. arbitrationor
prior to the filing
of
the
petition
for
certification election. 4. Preliminary Conference; Hearing. To determine the 2) has become the subject of a valid notice of
Where an appeal has been filed from the order of the following: strike or lockout where an incumbent or
Med-Arbiter certifying the results of the election, the certifiedbargainingagentisaparty;
a. thebargainingunittoberepresented;
running of the one year period shall be suspended until the
b. contendinglaborunions; f. in an organized establishment, the
failure
to
submit
decisionontheappealhasbecomefinalandexecutory;
the twenty-five percent (25%) signature
b. when the duly certified union has commenced and c. possibilityofaconsentelection;
requirement to support the filing
of
the
petition
for
sustained negotiations in
good faith with
the employer d. existence of any of the bars to certification election; certificationelection;
in accordance with Article 250 of the Labor Code within and g. non-appearance of the petitioner for two (2)
the one year period referred to in the immediately
e. such other matters as may be relevant for the final consecutive scheduled conferences before the
precedingparagraph;
dispositionofthecase. mediator-arbiterdespiteduenotice;and
c. when a bargaining deadlock to which an incumbent
or
5. Med-Arbiter
checks
if
any
of
the
grounds
to deny exists. If h. absence of employer-employee relationship
certified
bargaining agent
is
a party
had
been submitted to
none,thenthepetitionhastobegranteda
samatterofright. between all
the
members of
the
petitioning union and
conciliation or arbitration or had
become the
subject
of
a
Thefollowingarethegroundstodeny: the establishment where
the proposed bargaining unit
validnoticeofstrikeorlockout;
issoughttoberepresented.
d. when a CBA has been registered in accordance with a. the petitioning union or national union/federation is
not listed in the department's registry of 6. TheMed-Arbiterissuesano
rderofelection.
Article 231 of the Labor Code. Where such collective
bargaining agreement is registered, the petition may be legitimate labor unions or that its registration The order granting the conduct of a certification election in
filed only within sixty (60) days prior to its expiry certificatehasbeenc ancelledwithfinality; an unorganized establishment shall not be subject to
(FREEDOMPERIOD). b. failure
of
a local/chapter
or
national union/federation appeal. Any issue arising therefrom may be raised by means of
RoleofEmployer to submit a duly issued charter certificate upon protesto ntheconductandresultsofthecertificationelection.
Merelyab
ystanderandmayonlyparticipate: filingofthepetitionforcertificationelection; The
order
granting
the
conduct
of
a certification
election
in
an
c. filing the petition before or after the freedom organized establishment and the decision dismissing or
1. Bybeingfurnishedacopyofthepetition;and
period of a duly registered collective bargaining denying the petition, whether in an organized or
unorganized
2. By providing the list of employees in the unit for establishment, may be appealed to the Office of the
agreement;
pre-election. Secretarywithinten(10)daysfromreceiptthereof.
d. filing of a petition within one (1) year from the date
Procedure The filing of the memorandum of appeal from the order or
of
recording of the voluntary recognition, or within
★ Rules in the conduct of certification election under DO decision of the Med-Arbiter stays the holding of any
the same period
from
a valid
certification, consent or
40-2003,asamended certificationelection.
run-off election where no
appeal
on
the
results
of
the
1. The
petition
for
certification election is raffled by the RD to the certification,consentorrun-offelectionispending; The decision of the Secretary shall become final and
Med-Arbiter. e. where a duly certified union has commenced and executory after ten (10) days from receipt thereof by the
2. Acopyofthepetitionisservedtotheemployer. sustained negotiations with the
employer
within parties.
No
motion for reconsideration of the decision shall
theone-yearperiod,or beentertained.
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7. Transmittal of Records to the Regional Office. — in
a final
judgment
at
the
time
of
the
conduct a) no protest was filed or, even if one was filed, the
Implementation of the decision shall not be stayed unless ofthecertificationelection. same
was
not perfected
within
the
five-day
period
for
restrainedbytheappropriatecourt. c) number and location of polling places or
booths
and perfectionoftheprotest;
The
RD
shall
cause
the
raffle
of the case to an Election Officer the
number
of
ballots
to
be
prepared with appropriate b) no
challenge
or eligibility issue was raised or, even
who shall have control of the pre-election conference and translations,ifnecessary; if one was raised,
the
resolution
of
the
same
will
not
electionproceedings. d) name of watchers or representatives and their materiallychangetheresultsoftheelections.
8. Pre-election conference. Election Officer shall cause the alternatesforeachofthepartiesduringelection; The winning union shall have the rights, privileges and
issuance of notice of pre-election conference upon t he e) mechanicsandguidelinesoftheelection. obligations of
a duly
certified
collective
bargaining agent from
contending unions and the employer, which shall b e 10. PostingofNotices. thetimethecertificationisissued.
scheduled within ten (10) days from receipt of the Where
a majority
of
the
valid
votes
cast
results
in "No Union"
11. Inspectionofpollingplace.
assignment. obtaining the majority,
the
Med-Arbiter
shall
declare
such
fact
12. Casting of Votes. — If
the
voter
inadvertently
spoils
a ballot,
The
employer
shall
be
required
to
submit the certified list of intheorder.
he/she shall
return
it
to
the
Election
Officer
who shall destroy
employeesi nthebargainingunit. 16. Appeal;
finality
of decision — The decision of the Med-Arbiter
itandgivehim/heranotherballot.
9. The pre-election conference shall set the
mechanics
for
the may be appealed to the Secretary within ten (10)
days
from
Any member of the bargaining unit who is unintentionally
electionandshalldetermine,amongothers,thefollowing: receiptbythepartiesofacopythereof.
omitted in the master list of
voters
may
be
allowed to
vote
if
a) date,
time
and
place
of the election, which shall not be Asian Institute of Management v. Asian Institute
of
Management
both parties agree, otherwise, he/she
will
be
allowed to
vote
later than forty-five
(45)
days
from
the
date
of
the FacultyA ssociation2017
buttheballotissegregated.
first pre-election conference, and shall be on a
13. CanvassingofVotes. In case of alleged inclusion of disqualified employees in
a union,
regular working day and within the employer's the proper procedure for an employer like petitioner is to directly file
premises,unlesscircumstancesrequireotherwise; 14. Protest. General reservation to file a protest shall be a
petition for cancellation of the union's certificate of registration due
b) listofeligibleandchallengedvoters; prohibited. The
protesting
party
shall
specify
the
grounds for tomisrepresentation,falsestatementorfraud.
protest. WON the BLR was correct in holding that being composed of
Inclusion-exclusionproceeding
The protesting party must formalize its protest with the managerial employees is not
a ground for
cancelling the
certificate
i) All employees who are members of the ofregistrationofalabororganization.
Med-Arbiter, with specific grounds, arguments and evidence,
appropriate bargaining unit three (3) within five (5) days after the close of the election NO. In Holy Child Catholic School v. Sto. Tomas, this Court declared
months prior to the filing of the that in
case of alleged inclusion of disqualified employees in a union,
proceedings.
petition/requestshallbeeligibletovote. the proper procedure for an employer like petitioner is to directly file
If not recorded in the minutes and formalized within the a petition for cancellation of the union's certificate of registration due
ii) An employee
who
has
been
dismissed
from to misrepresentation, false statement or fraud under the
prescribedperiod,theprotestshallbedeemeddropped.
work but has contested the legality of the circumstancesenumeratedinArticle239.
15. Proclamation and Certification of the Result of the
dismissal in a forum of appropriate On the
basis of the
ruling in
the
above-cited case, it
can
be
said
that
Election. — Within twenty-four (24)
hours from final canvass petitioner was correct in filing a petition for cancellation of
jurisdiction at
the time
of
the issuance of
the
of votes, there being a valid election, the sole and exclusive respondent's certificate of registration. Petitioner's sole ground for
order for the conduct of a certification
bargaining agent in the subject bargaining unit, shall be seeking cancellation of
respondent's certificate of registration — that
election shall
be considered a qualified voter,
proclaimed by the Med-Arbiter under any of the following its members are managerial employees and for this reason, its
unless his/her dismissal was declared valid registration is thus a patent nullity for
being an absolute violation of
conditions:
Article 245 of the Labor Code which declares that managerial
BasedontheLecturesofA
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ooksofAzucena,Kato,Poquiz ByRGL 72of122
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employees are ineligible to join any labor organization — is, in a 4. when the documents supporting its registration are 2. In case of organized establishments, the
petition
is
filed
sense, an accusation that respondent is guilty of
misrepresentation falsified, fraudulent or tainted with misrepresentation; DURING the 60-day freedom period of a duly registered
for registering under the claim
that
its
members are
not
managerial chanroblesvirtuallawlibrary CBA;
employees.
5. when the collective bargaining
agreement
is
not
complete 3. In case of organized establishments,
the
written
support
Consentelection as it does not contain any of the requisite provisions which ofatleast25%ofthemembersofthebargainingunit;
Refers to the election voluntarily agreed
upon by
the
parties, with thelawrequires; 4. Noneofthebarrulesisviolated.
or without the intervention of
the DOLE, to
determine the
issue 6. when
the
collective
bargaining
agreement was entered into Doublemajorityrulesimplyrequiresthat
of majority representation of all the workers in the appropriate priortothe60-dayfreedomperiod;
collectivebargainingunit. 1. There
should
be
at least a majority of all eligible voters in
7. when there is a schism in the union resulting in an
the appropriate bargaining
unit
who
have
cast
their
votes;
PrincipleofPreclusionofCollateralAttack industrial dispute wherein the collective bargaining AND
agreementcannolongerfosterindustrialpeace.
Under the doctrine of
conclusiveness of judgment, which is also 2. The
certified
agent
attained
at
least
a majority
of all valid
known as "preclusion of issues" or "collateral estoppel" issues DeadlockBarrule
votescast
actually and directly resolved in a former suit cannot again be neithermayarepresentationquestionbeentertainedif:
Todeclareandcertifyacertifiedbargainingagent.
raised in any future case between the same parties involving a 1. before
the
filing
of
a petition
for certification election, the duly
recognized or certified union has commenced negotiations Failureofelection
differentcauseofaction.
BarRules with the employer within the one-year period from the date of a Where the number of votes cast in a certification or consent
valid certification,
consent or
run-off
election
or
from
the date election is less than the majority of the number of eligible
1. StatutoryBarRule;
ofvoluntaryrecognition;or voters and there are no material challenged votes, the Election
2. CertificationYearBarRule; Officershalldeclareafailureofelection.
2. a bargaining deadlock to which an incumbent or certified
3. NegotiationsBarRule; bargaining agent is a party
had
been submitted to
conciliation It
shall
not
bar
the
filing
of
a motion
for
the
immediate holding
4. BargainingDeadLockBarRule; or arbitration or had become the subject of valid notice of of another certification or consent election within six (6)
5. ContractBarRule. strikeorlockout. monthsfromdateofdeclarationoffailureofelection.
CertificationYearBarrule Are-runelectioni sthencalled.
ContractBarrule
A certification election petition may not be filed within one (1)
BLR
shall not
entertain
any petition for certification election or any Run-offelection
year:
other action which may disturb the administration of duly Refers
to
an election between the labor unions receiving the two (2)
registered existing collective bargaining agreements affecting the 1. from the date of a valid certification, consent or run-off
highest number of votes when a certification election which
parties. election;or
provides for three (3) or more choices results in no choice
Theexceptionst othecontract-barruleareasfollows: 2. fromthedateofSEBAcertification. receiving a majority
of
the
valid
votes
cast;
provided, that the
total
1. duringthe6
0-dayfreedomperiod; number of votes
for
all
contending unions is at least fifty percent
ValidelectionandDoublemajorityrule
(50%)ofthenumberofvotescast.
2. when the CBA is not registered with the BLR or DOLE Thefollowingrequisitesshouldconcur:
RegionalOffices; Re-runelection
1. Theunionshouldbelegitimate;
3. when the CBA, although registered, contains provisions Referstoanelectionconducted
lowerthanthestandardsfixedbylaw;
BasedontheLecturesofA
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ooksofAzucena,Kato,Poquiz ByRGL 73of122
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1. to break a tie between contending unions, including The
union’s
right
to
agency
fees is neither contractual nor statutory
b. Should differences arise on the basis of such notice and
between"nounion"andoneoftheunions. butquasi-contractual. reply,
either party
may request for
a conference which shall
2. after
a failure
of
election
has
been declared by the election Requisitesforvalidityofunionduesandspecialassessments begin not
later
than
ten
(10)
calendar days
from the
date
of
officerand/oraffirmedbythemediator-arbiter. request.
1. Authorization
by
a written
resolution
of the majority of all
3. Whenthecertificationelectionisnullified. the
members at
a general membership meeting duly called c. If the dispute is
not settled,
the
Board shall
intervene upon
forthepurpose; request of either or
both parties or
at
its
own initiative and
D.Rightsoflabororganizations 2. Secretary’srecordoftheminutesofsaidmeeting;
immediately call the parties to conciliation meetings. The
Board shall have
the power to issue subpoenas requiring the
1) RighttoR
EPRESENTATION; 3. Individual written authorization (IWA) for check-off duly attendance of the parties to such meetings. It shall be the
signedbytheemployeesconcerned. duty of the parties to participate fully and promptly in the
2) RighttoI NFORMATION;
conciliationmeetingstheBoardmaycall;
WhennottorequireIWA
3) PROPERTYr ights; d. During the
conciliation proceedings in the Board, the parties
1. Assessmentfromnon-membersofSEBAofa
gencyfees;
4) TAXEXEMPTION;and are prohibited from doing any act which may disrupt or
★ AgencyfeesareQ
UASI-CONTRACTUAL. impedetheearlysettlementofthedisputes;and
5) RighttoC
OLLECTU
niondues.
2. Deductions for fees from mandatory activities such as e. The Board shall
exert
all
efforts
to
settle
disputes amicably
1.Checkoff,assessment,agencyfees laborrelationsseminars; and
encourage the parties to submit their case to a voluntary
arbitrator.
Check-offprovision 3. Withholdingtax;
ARTICLE 113. Wage Deduction. — No employer, in
his
own
behalf 4. EE’sdebttoERwhichisalreadydueanddemandable;
a.Dutytobargaincollectively
or
in behalf
of
any
person, shall
make any deduction from the wages 5. Judgment
against
the
worker where wages may be subject
ofhisemployees,e xcept: ARTICLE 263. Meaning
of
Duty
to
Bargain
Collectively. — The duty
of attachment
or
execution but
only
for
debts
incurred
for
xxxx tobargaincollectivelymeans
food,clothing,shelter,andmedicalattendance.
(b) For u
nion dues, in cases
where the
right
of
the
worker
or
his 1. the
performance
of
a mutual obligation to meet and convene
union to check-off has been recognized by the employer or 6. Viacourtorder;
promptlyandexpeditiouslyingoodfaith
authorizedinwritingbytheindividualworkerconcerned; 7. Authorized
by
law
such
aspremiums
for
SSS, PhilHealth,
2. for the purpose of
negotiating an
agreement with
respect
to
xxxx Pag-ibig.
wages, hours of
work and
all
other terms
and conditions
of
TheremaybesomeS
PECIALASSESSMENTS: 2.Collectivebargaining employment including proposals for adjusting any
grievancesorquestionsarisingundersuchagreementand
a. Authorized by a written resolution of majority of all ARTICLE
261.
Procedure
in
Collective
Bargaining. — The following
proceduresshallbeobservedincollectivebargaining: 3. executing a contract incorporating such agreements if
members;AND
requested by either party but such duty does not compel any
b. Purposeisstated. a. When a party desires to negotiate an agreement, it shall partytoagreetoaproposalortomakeanyconcession.
serve a written notice upon the
other party with a statement
UnionDuesvs.AgencyFees
of its proposals. The
other party shall
make a reply
thereto
Assessment of agency fees from non-union employees and
b.CollectiveBargainingAgreement
not later than ten (10) calendar days from receipt of such
deduction thereof from
the
employees’ salaries
(Art. 248
[e])
even notice; ARTICLE 264. Duty to Bargain Collectively When There Exists a
in the
absence
of
individual written
authorization if
the
non-union Collective Bargaining Agreement. — When there is a collective
employeesacceptthebenefitsundertheCBA.
BasedontheLecturesofA
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ooksofAzucena,Kato,Poquiz ByRGL 74of122
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therewith will render the CBA ineffective. (Associated Trade
bargaining agreement, the duty to bargain collectively shall also For this purpose, parties to a CBA shall name and designate in Unions[ATU]v.Trajano).
mean that neither party shall terminate
nor
modify
such
agreement advance a Voluntary Arbitrator or panel
of
Voluntary Arbitrators, or
duringitslifetime. c. Posting is the responsibility of the employer. The posting of
include in the agreement a procedure for the selection of such
Freedom
period.
— However, either party can serve a written notice Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably copies of the
CBA
is
the
responsibility
of
the
employer
which
to terminate or modify the agreement at least sixty (60) days from the
listing
of
qualified
Voluntary Arbitrators duly accredited by can easily comply with the requirement through a mere
prior
to
its
expiration
date. It shall be the duty of both parties theBoard. mechanical act. (Associated Labor Union [ALU] vs.
to keep the status quo and to continue in full force and effect the Ferrer-Calleja).
In case the parties fail to select a Voluntary Arbitrator or panel of
terms and conditions of the existing agreement during the 60-day Voluntary Arbitrators, the Board shall designate the Voluntary d. Ratification
by
majority of the members of the bargaining
periodand/oruntilanewagreementisreachedbytheparties. Arbitrator or panel of Voluntary Arbitrators, as may be necessary, unit. The ratification of the CBA should be made not by the
pursuant to the selection procedure agreed upon in the
CBA, which majority of the members of the bargaining union but by the
i.MandatoryprovisionsinaCollectiveBargaining
shall act
with the same force and effect as if the Arbitrator or panel of majority of the members of the
bargaining unit which is
Agreement Arbitratorshavebeenselectedbytheparties. being represented by the bargaining union in the
1. GrievanceProcedure; negotiations.
"Grievance" refers to any question by either the employer or
the
2. VoluntaryArbitration; e. Registration of CBA. The CBA shall be registered with the
union regarding the interpretation or implementation of any
3. “NoStrike,NoLockout”Clause; DOLE.
provision of the collective bargaining agreement or interpretation
No strike or lockout shall occur during the effectivity of the orenforcementofcompanypersonnelpolicies. TermofCBAandRenegotiationofCBA;Retroactivity
CBA. However, this only applies if the ground relied upon is A
“union
security
clause”
is
a stipulation
in
the CBA whereby the ARTICLE 265. Terms of
a Collective
Bargaining Agreement. — Any
economicinnature. management recognizes that the membership of employees in
the CBA that the parties may enter into shall, insofar as the
The
“No
Strike,
No
Lockout”
clause
is
inapplicable to prevent union which negotiated said agreement should be
maintained and representationaspectisconcerned,beforatermoffive(5)years.
astrikeorlockoutwhichisgroundedonU
LP. continued as a condition for employment or retention of
No petition questioning the majority status of the incumbent
4. Provisiononwageincreases. employment. The obvious purpose is to
safeguard and
ensure the
bargaining agent shall be entertained and no certification election
continuedexistenceoftheunion. shall
be
conducted by the DOLE outside of the sixty (60) day period
GrievancemachineryandUnionsecurityclause
RatificationandRegistrationofCBA immediately before
the date of expiry of such five-year term of the
ARTICLE 273. Grievance Machinery and Voluntary Arbitration. — CBA.
WhenNeeded?
The parties
to
a CBA shall include therein provisions that will ensure All other provisions of the CBA shall
be
renegotiated
not
later
themutualobservanceofitstermsandconditions. a. Posting
of
CBA.
The
general
rule
is
that
the
CBA
is required to
thanthree(3)yearsafteritsexecution.
They shall
establish a machinery for
the
adjustment and resolution be
posted in
two
(2) conspicuous places in the work premises,
foraperiodofatleastfive(5)dayspriortoitsratification. Any agreement on such other provisions of the CBA entered into
of grievances arising from the interpretation or implementation of
within six (6) months from the date of expiry of
the
term
of
such
their CBA
and
those arising from the interpretation or enforcement of In
the case of multi-employer bargaining, two (2) signed copies
other provisions as fixed in such CBA, shall retroact to the day
companypersonnelpolicies. of
the
CBA
should be posted for at least five (5) days in two (2)
immediatelyfollowingsuchdate.
All grievances submitted to the grievance machinery which
are
not conspicuous areas in each workplace of the employer units
settled within seven (7) calendar days from the date of its concerned. Said CBA shall affect only those employees in If any such agreement is entered into beyond six months, the parties
submission shall automatically be referred to voluntary arbitration thebargainingunitswhohaveratifiedit. shall agree on the
duration of
retroactivity thereof. In
case
of
a
prescribedintheCBA. deadlock in the renegotiation of the CBA, the parties may exercise
b. Posting
is
mandatory.
This
requirement
on
the posting of the
theirrightsunderthisCode.
CBA is considered a mandatory
requirement.
Non-compliance
BasedontheLecturesofA
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WhataretheremediesincaseofCBAdeadlock? employer extends the CBA
benefits
to
the
managerial
employee
as
a Since the subject CBA provision is an insurance contract, the
rights
matterofpolicyorestablishedpractice. and obligations of the parties must be determined in accordance with
In case of a deadlock in the negotiation or renegotiation of the
WON Huliganga, as a managerial employee,
is
entitled
to
the
same the general principles of insurance law. Being in the nature of a
collective bargaining agreement, the parties may exercise the
retirementbenefitsasthoseofrank-and-fileemployees. non-life insurance contract and essentially a contract of indemnity,
followingrightsundertheLaborCode: the CBA provision obligates MMPC to indemnify the covered
NO. As a managerial employee of SITA, Huliganga is
not entitled to employees’ medical expenses incurred by their
dependents but
only
1. ConciliationandmediationbytheNCMB,DOLE.
retirement benefits exclusively granted to the rank-and-file up
to the
extent
of
the expenses actually incurred. This
is
consistent
2. Declarationofas trikeorlockout,asthecasemaybe. employees under
the
CBA. It
must be
remembered that under Article with the principle of indemnity which proscribes the insured from
245 of
the Labor
Code, managerial employees are not eligible to join, recoveringgreaterthantheloss.
3. Referralofcasetocompulsoryorvoluntarya
rbitration. assist or form any labor organization. To
be
entitled to
the
benefits
under the CBA, the employees must be members of the bargaining
HongkongBankIndependentLaborUnionv.HSBC2018
unit, but not necessarily of the
labor organization designated as
the E.Unfairlaborpractices
WON HSBC could validly enforce the credit-checking requirement bargainingagent.
under its BSP-approved Plan in processing the salary loan 1.Nature,aspects
applications of
covered
employees even when the said requirement is Article 245 of the Labor Code expressly states that "managerial
notrecognizedundertheCBA. employees are not eligible to join, assist or form any labor ARTICLE 258. Concept of Unfair Labor Practice
and Procedure for
organization." An
exception to
this prohibition is
when the employer Prosecution Thereof. — Unfair labor practices violate the
NO. Although jurisprudence recognizes the validity of the exercise by extends the CBA benefits to the managerial employee as
a matter
of
an employer of its management prerogative and will ordinarily not constitutional right of workers and employees to
policy or established practice. Complainant failed to present
interfere with
such, this
prerogative
is
not
absolute and is
subject to self-organization, are inimical to the legitimate interests of both
evidence to justify his claim. He failed
to
sufficiently establish that
limitations imposed by law, collective bargaining agreement, and there is an established company practice of extending the CBA labor and management, including their right to bargain collectively
generalprinciplesoffairplayandjustice. concessions to managerial employees. To be considered as a and
otherwise deal
with each
other
in an atmosphere of freedom and
A collective bargaining agreement or CBA is the negotiated company practice, the act of extending the benefits of the CBA to mutual respect,
disrupt industrial
peace and hinder the promotion of
contract between a legitimate labor organization and the employer managerial employees must have been
practiced for
a long period of healthyandstablelabor-managementrelations.
concerning wages, hours of
work
and all
other
terms and conditions timeandmustbeshowntobeconsistentanddeliberate.
Consequently, unfair labor practices are not only violations of the
of
employment in
a bargaining unit. Thus, where the CBA is clear and
unambiguous, it becomes the law between the parties and MitsubishiMotorsPhilsSalariedEmployeesUnionv.Mitsubishi civil rights of both labor and management but are also criminal
compliancetherewithismandatedbytheexpresspolicyofthelaw. MotorsPhilsCorp.2013 offenses against the State which shall
be
subject
to
prosecution and
In
the present controversy, the Plan was
never
made part of the CBA. punishment.
WON member-employees are entitled to full reimbursement of
Tolerating HSBC's conduct would be tantamount to allowing a blatant medical expenses incurred by their dependents regardless of any Subject to the exercise by
the
President or
by the SOLE of the powers
circumvention of
Article
253 of
the Labor
Code.
It
would contravene amountspaidbythelatter’shealthinsuranceprovider. vested in them by Articles 263 and 264 of this Code, the civil
the express prohibition against the unilateral modification of a CBA aspects of all
cases involving unfair labor practices, which may
during its
subsistence and even thereafter until a new agreement is NO. The conditions set forth in the CBA provision indicate an
intention to limit MMPC’s
liability only to
actual
expenses
incurred include claims for
actual, moral, exemplary and
other forms of
reached.
by
the
employees’ dependents, that is, excluding the amounts paid by damages, attorney's fees and other affirmative relief, shall be
HSBC's
enforcement of credit checking on salary loans under the CBA dependents’otherhealthinsuranceproviders. under the jurisdiction of
the Labor Arbiters. The Labor Arbiters
invalidly modified the latter's provisions thereon through the
The condition that payment should be direct to the hospital and shall give utmost priority to the hearing and resolution of
all
cases
imposition of additional requirements which cannot be found
anywhereintheCBA. doctor implies that MMPC is only liable to pay medical expenses involving unfair labor practices. They shall resolve such cases within
actually shouldered by the employees’ dependents. It follows that thirty (30) calendar days from the time they are submitted for
SocieteInternationaleDeTelecommunicationsv.Huliganga2018 MMPC’s liability is limited, that
is,
it
does
not include
the
amounts decision.
paid by other health insurance providers. This condition is obviously
Managerial employees are not eligible to join, assist or form any intended to
thwart
not
only
fraudulent claims but also double claims Recovery of civil liability in the administrative proceedings
labor organization. An exception to this prohibition is when the forthesamelossofthedependentsofcoveredemployees. shallbarrecoveryundertheCivilCode.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 76of122
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No
criminal prosecution may be instituted without a final judgment c. To contract out services or functions being
performed by TotalityofConductDoctrine
finding that an unfair labor practice was committed, having been first union members when such will interfere with, restrain or The
culpability
of
an
employer's
remarks
were
to
be
evaluated not
obtained. During the pendency of such administrative proceeding, the coerce employees in the exercise of their right to only on the basis of their implicit implications, but were to be
running of the period of prescription of
the
criminal
offense
herein self-organization; appraised against the background of and in conjunction with
penalizedshallbeconsideredinterrupted: d. To
initiate,
dominate, assist
or
otherwise interfere with collateralcircumstances.
Provided, however, That the final judgment in the administrative the formation or administration of any labor organization, Under
this
doctrine,
expressions
of
opinion
by
an employer which,
proceedings shall not be binding in the criminal case nor be including the giving of
financial or
other
support to
it
or its
though innocent in
themselves, frequently were held to be culpable
considered as
evidence
of
guilt
but
merely as proof
of compliance organizersorsupporters;
because of the circumstances under which they were uttered, the
oftherequirementst hereinsetforth. e. To discriminate in regard to wages, hours of work and history of the particular employer's labor relations or anti-union
other terms and conditions of employment in order to bias or because of their connection with an
established collateral
1. It
is a violation of civil rights of both labor and management, as encourage or discourage membership in any labor planofcoercionorinterference.
wellasac riminaloffenseagainsttheState. organization.
2. It
must
have
a proximate and causal connection with any of the f. To dismiss, discharge or otherwise prejudice or
3.Bylabororganizations
following: discriminate against an employee for having given or
beingabouttogivetestimonyunderthisCode; ARTICLE 260. Unfair Labor Practices of
Labor
Organizations. — It
a. Exerciseoftherighttoself-organization;
shall be unfair labor practice for a labor organization, its officers,
b. Righttocollectivebargaining;or g. Toviolatethed
utytobargaincollectively; agentsorrepresentatives:
c. CompliancewithCBA. h. To pay negotiation or attorney's fees to the union or its
a. To restrain or coerce employees in the exercise of their
officers or agents as part of the settlement of any issue
in
3. TobeaULP,thefollowingmustconcur: right to self-organization. However, a labor organization
collectivebargainingoranyotherdispute;or
a. There is ER-EE relationship between offender and shall have the right to prescribe its own rules with respect to
i. Toviolateacollectivebargainingagreement. theacquisitionorretentionofmembership;
offendedparty;AND
Only the officers and agents of corporations, associations or b. To cause or attempt to cause an employer to
b. TheactdoneisexpresslydefinedasanactofULP.
partnerships who
have
actually
participated in, authorized or ratified discriminate against an employee, including
2.Byemployers unfairlaborpracticesshallbeheldcriminallyliable. discrimination against an employee with respect to whom
membership in such organization has been denied or to
ARTICLE 259. Unfair Labor Practices of Employers. — It shall be 1. As to violation of CBA. — It is
ULP
if
what
is
violated
is
an terminate an employee on any ground other
than
the usual
unlawful
for
an employer to commit any of the following unfair labor ECONOMIC provision of the CBA and that the violation is gross terms and conditions under which membership or
practices: andflagrant;otherwise,itisnotULP. continuation of membership is made available to other
members;
2. Astojurisdiction
a. To interfere with, restrain or coerce employees in the
c. To violate
the
duty,
or
refuse
to
bargain collectively
with
exerciseoftheirrighttoself-organization; a. LA
→ NLRC → CA. — gross and flagrant violation of an
the employer, provided it is the representative of the
economicprovision,aU LP;
b. Yellow Dog Contract. To require as a condition of employees;
employment that a person or an employee shall not
join
a b. GrievanceMachinery→VA→CA.—
violationof
d. Featherbedding. To cause or attempt to cause an employer
labor organization or shall withdraw from
one
to
which he i. apoliticalprovision;or to pay or deliver or agree to pay or deliver any money or
belongs;
ii. an
economic
provision
that
is NOT gross and other things of value, in the nature of an exaction, for
flagrant.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 77of122
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exaction, for services which are not performed or not to be
services which are not performed or not to be performed, Prescriptiveperiod
performed,includingthedemandforfeeforunionnegotiations.
includingthedemandforfeeforunionnegotiations;
e. To ask for or accept negotiation or
attorney's
fees
from
Yellowdogcontract ARTICLE 305. Offenses. — Offenses penalized under
this
Code
and
An agreement which exacts from workers as a condition of the rules and regulations issued pursuant
thereto
shall
prescribe in
employers as part of the settlement of any issue in
collectivebargainingoranyotherdispute;or employment, that they shall not join or belong to a labor three(3)years.
f. Toviolateacollectivebargainingagreement. organization, or attempt to organize one, during their period of unfair
All labor
practice arising from Book V shall be filed with
employment or
that they shall withdraw therefrom, in case they are
the appropriate agency within one (1) year from
accrual
of
such
Only the officers, members of governing boards, representatives or alreadymembersofalabororganization.
unfairlaborpractice;otherwise,theyshallbeforeverbarred.
agents or
members of
labor
associations or
organizations who
have The typical yellow dog contract embodies the following
actually participated in, authorized or
ratified
unfair
labor
practices
stipulations: ReliefsagainstULP
shallbeheldcriminallyliable.
1. a representation
by
the
employee
that
he
is
not
a member
1. CeaseandDesistOrder.FromsuchULP.
Surfacebargaining ofalabororganization;
2. Affirmative Order.
Order
to
reinstate
employee
with
backpay
2. a promise by the employee that he will not
join
a union;
Defined as
“going through
the
motions
of
negotiating”
without
any fromdateofdiscrimination.
and
legalintenttoreachanagreement.
3. a promise by the employee that upon joining a labor 3. OrdertoBargain;MandatedCBA.
It involves the question of whether an employer’s conduct
organization,hewillquithisemployment. 4. Disestablishment. Directing the employer to withdraw all
demonstrates an unwillingness to bargain in good faith or is merely
hard bargaining. There can be no surface bargaining, absent any Runawayshop recognition from the dominated labor union and to disestablish
evidence that management had done acts, both at and away from the Is
an industrial plant that is moved by its owners from one location thesame.
bargaining table, which tend to show that it did not want to reach an to another to escape union labor regulations or state laws. It
may 5. Labor and Criminal Complaints for ULP. A criminal
agreement with the union or to settle the differences between it and also be a relocation motivated by anti-union animus rather than for complaint can not be filed unless there is
a final
judgment
of
the union. It
must be emphasized that the duty to bargain “does not businessr easons. ULP.
compel either party to agree
to
a proposal or require the making of
a concession.” Hence, the
parties’ failure to agree
does not
amount Contracting
o ut UnitedPolyresins,Inc.v.Pinuela2017
toULPunderArticle248[ g]forviolationofthedutytobargain. The act of an employer in having work or certain services or WON P inuela was illegally dismissed as the charges of
Blueskybargaining functions being performed by
union members contracted out is not misappropriationagainsthimwereunsubstantiated.
generally an unfair labor practice act. It is only when the contracting YES. Respondent's expulsion from PORFA is grounded on the union's
Makingexaggeratedorunreasonableproposals.
out of a job, work or service being performed by union members Constitution. However, these provisions refer to impeachment and
In order to be considered as unfair labor practice, there must be will interfere with, restrain or
coerce employees in the exercise of recall of union officers, and not expulsion from union
proof that the demands made by the union were exaggerated or their right to self-organization that it shall be unlawful and shall membership. In short, any officer found guilty of violating these
unreasonable. constituteunfairlaborpractice. provisions shall simply be removed, impeached or recalled, from
office,butnotexpelledorstrippedofunionmembership.
Featherbedding CompanyUnion
It was therefore an error on the part of PORFA and petitioners to
According to this doctrine, it shall be unfair labor practice for a To initiate, dominate, assist or otherwise interfere with the terminate respondent's employment based on said provision of
the
labor
organization, its officers, agents or representatives to cause or formation or administration of any labor organization, including union's Constitution. Such a ground does not constitute just cause for
attempt to cause an employer to pay or deliver or
agree
to
pay or the giving of financial or other support to it or its organizers or termination.
deliver any money or other things of value, in the nature of an supporters A review of the PORFA Constitution itself reveals that the only
provision authorizing removal from the union is
found
in
Article X,
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 78of122
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Section 6, that is, on the ground of failure to pay union dues, threatened, the 15-day cooling-off period shall not apply a. Cancellation of registration of a labor organization
filed
by
specialassessments,fines,andothermandatorycharges. andtheunionmaytakeactioni mmediately. itsmembersorbyanotherlabororganization;
The matter of respondent's alleged failure to return petitioners' b. Conduct of election of union and workers' association
P300K which was
lent to
PORFA is
immaterial
as well. It may not be d. xxx
officers/nullification of election of union and workers'
used as a ground to terminate respondent's employment; under
the e. During the cooling-off period, it shall be the duty of the
Labor Code, such a contribution by petitioners to PORFA is illegal associationofficers;
DOLE to exert all
efforts at
mediation and conciliation to
andconstitutesu nfairlaborpractice. c. Audit/accounts examination of union or workers'
effect a voluntary settlement. Should the dispute remain
unsettled until the lapse of the requisite number of days associationfunds;
F.Peacefulconcertedactivities from
the mandatory filing
of the notice, the labor union may d. Deregistrationo
fCBAs;
strikeortheemployermaydeclarealockout.
e. Validity/invalidityofu
nionaffiliationordisaffiliation;
ARTICLE278.Strikes,Picketing,andLockouts.— f. A decision to declare a strike must be approved by a
f. Validity/invalidity of acceptance/non-acceptance for union
majority of the total union membership in the
a. It
is
the
policy
of
the
State
to
encourage free trade unionism membership;
bargaining unit concerned, obtained by secret ballot in
andfreecollectivebargaining.
meetingsorreferendacalledforthatpurpose. g. Validity/invalidity of impeachment/expulsion
of
union
and
b. Workers shall have the right to engage in concerted activities
workers'associationofficersandmembers;
for purposes of collective bargaining or for their mutual A decision to declare a lockout must be approved by a
benefit and protection. The right of legitimate labor majority of the board of directors of the corporation or h. Validity/invalidityoftheS
EBAcertification;
organizations to strike and picket and of employers to association or of the
partners in
a partnership, obtained
by i. OppositiontoapplicationforunionandCBAregistration;
lockout, consistent with the
national interest, shall continue secretballotinameetingcalledforthatpurpose.
j. Violations of or disagreements over any provision in a union or
toberecognizedandrespected. The decision shall be valid for the duration of the
dispute
workers'associationc onstitutionandby-laws;
based on substantially the same grounds considered when
However, no labor union may strike
and
no
employer
may
thestrikeorlockoutvotewastaken. k. Disagreements over chartering or registration of labor
declare a lockout on grounds involving inter-union
and
organizationsandcollectivebargainingagreements;
intra-uniondisputes. In every case, the union or the employer shall furnish the
DOLE the results of the voting at least seven (7) days l. Violations
of
the
rights
and
conditions of union or workers'
c. In cases of bargaining deadlocks, the duly certified or before the intended strike or lockout, subject to the associationmembership;
recognized bargaining agent
may file a notice of strike or the cooling-offperiodhereinprovided. m. Violations of the rights of legitimate labor organizations,
employer may file
a notice of lockout with the DOLE at least
30daysbeforetheintendeddatethereof. excepti nterpretationofcollectivebargainingagreements;and
"Intra-Union
Dispute"
refers
to any conflict between and among union
members, including grievances arising from any
violation of
the rights n. Such other disputes or conflicts involving the rights to
In
cases of
unfair
labor practice, the period of notice shall
and conditions of membership, violation of or disagreement over any self-organization,unionmembershipandcollectivebargaining
be 15 days and in the absence of a duly certified or
recognized bargaining agent, the notice of strike may be filed provision of the union's constitution and by-laws, or disputes arising 1. Betweenandamonglegitimatelabororganizations;or
by any legitimate labor organization in behalf of its fromcharteringoraffiliationofunion. 2. Between and among members
of
a union
or
workers'
members. "Inter-Union Dispute" refers to any conflict between and among association.
However, in case of dismissal from employment of union legitimate labor unions involving representation questions for purposes
officers duly elected in accordance with the union of collective bargaining or to any other conflict or dispute between
constitution and by-laws, which may constitute u nion
legitimatelaborunions.
busting where the existence of the union is Inter/intra-uniondisputesshallinclude:
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 79of122
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1.Bylabororganization 5. Strike vote report submitted at least 7 days before 7. A strike or lockout is illegal if staged in violation of a
intendeddateofstrike; temporary restraining order or an injunction or
a.Strike assumptionorcertificationorder.
6. Coolingoffperiod.
"Strike"
refers
to
any temporary stoppage of work by the concerted
a. Unionbusting=NONE; 8. Astrikeisi llegali fstagedbyaminorityunion.
actionofemployeesasaresultofalabororindustrialdispute.
b. ULP=15days; 9. A strike or lockout is illegal if conducted for unlawful
"Strike
Vote
Balloting" refers to the secret balloting undertaken by
purpose/s e.g. Strike to compel dismissal of employee or to
the members of the union in the bargaining unit concerned to c. CBD=30days;
compel the employer to recognize the union or the so-called
determine whether or not to declare a strike in meetings or Fromdateofnoticeofstrikeisfiled. “Union-RecognitionStrike.”
referendacalledforthatpurpose.
7. 7 day
waiting
period
or
strike
ban
after
submission
of 10. The
local
union
and
not
the federation is liable to pay damages
i.Validstrikesasdistinguishedf romillegalstrikes
strikevotereport. incaseofillegalstrike.
ThereareonlyTWO(2)strikeablegrounds:
"Preventive Mediation Cases" refer to labor disputes which are WhenastrikeisILLEGAL
1. Collectivebargainingdeadlock;AND the subject of a formal or informal request for conciliation and 1. Doesn’tcomplywithproceduralrequirements;
2. ULP. mediation assistance sought by either or both parties
or
upon
the
2. Foranunlawfulpurpose:
initiativeoftheBoard.
Where to file? Regional branch of the NCMB having jurisdiction
Summaryofprinciplesgoverningstrikes a. TocompeldismissalofEE;
overtheworkplace.
1. A
strike
or
lockout
is
illegalif
any of the legal requisites is not b. Forcerecognitionofunion;
Whomayfile?
compliedwith.Proceduralrequirementsaremandatory. c. Fortrivialandpuerilepurpose;
1. Anycertifiedbargainingagent;
2. A strike or lockout is illegal if it is based on non-strikeable d. Tocircumventcontractsandjudicialorders;
2. Ifnone,anyLLOonthegroundofULPonly.
issues (e.g., inter-union or intra-union disputes or wage 3. Basedonnon-strikeablegrounds
ElementsofaStrike distortion).
a. InterandIntrauniondisputes;
1. Temporarystoppageofwork; 3. A
strike
or
lockout
is
illegalif
the
issues
involved
are already
b. SimpleviolationofCBA;
2. Concertedactivity; subject of
compulsory or
voluntary
arbitration
or
conciliation
orthestepsingrievancemachineryarenotexhausted. c. Violationoflaborstandards;
3. Labordispute.
4. A
strike
or
lockout
is illegalif
unlawful means were employed d. Legislatedwageorders;wagedistortion.
RequisitesofaValidStrike
or prohibited acts or practices were committed e.g., Use of 4. Didn’tbargaincollectivelyfirst;
1. Basedonavalidandfactualground; force, violence, threats, coercion, etc.; Barricades, blockades
5. Violatedthenostrikenolockoutclause;
2. AnoticeofstrikefiledwiththeNCMB; and obstructions of ingress to or egress from the company
premises. 6. Failure to submit issues to grievance procedure and exhaust the
3. Notice of strike vote to the NCMB, at least 24 hours
stepstherein;
beforesuchvote; 5. A
strike
or
lockout
is
illegalif
the
notice
of
strike or notice of
lockoutisalreadyc onvertedintoapreventivemediationcase. 7. WhileC-MisongoingatNCMB;
4. Strike
vote
wherein
at least a majority of the members of
the union approve the holding of strike through secret 6. A strike or lockout is illegal if staged in violation of the 8. Basedonissuesalreadybroughttoarbitration;
ballotinginameetingcalledforthepurpose; “No-Strike, No-Lockout” clause in the collective bargaining 9. Pendingcaseinvolvingsamegroundinthenoticeofstrike;
agreement.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 80of122
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10. In
defiance
of
an
assumption
or
certification or return-to-work UnionMember - DISMISSED
Mere participation of a worker in a lawful strike shall not
order;
constitute sufficient ground for termination of his "Strike-breaker" means any person who obstructs, impedes, or
11. InviolationofaTROoraninjunctionorder; employment, even if a replacement had been hired by the interferes with by
force, violence, coercion, threats, or intimidation
12. After notice of strike converted to preventive mediation employerduringsuchlawfulstrike.
any peaceful picketing affecting wages, hours or conditions of work
case; b. No
person shall obstruct, impede, or interfere with by force, or in the exercise of the right of self-organization or collective
13. Againstprohibitionbylaw; violence, coercion, threats or intimidation, any peaceful bargaining.
picketing by employees during any
labor
controversy or
in Improvedofferandreducedofferballoting
14. Byaminorityunion;
the exercise of the right to self-organization or collective
15. Byanillegitimateunion; bargaining, or shall aid or abet such obstruction or ARTICLE 280. Improved Offer Balloting. — In an effort to settle a
16. BydismissedEEs; interference. strike, the DOLE shall conduct a referendum by secret balloting on
c. No employer shall use
or
employ
any
strike-breaker, nor the improved offer of
the
employer on
or
before
the
30th day
of
17. Inviolationofcompanycodeofconduct;
shallanypersonbeemployedasastrike-breaker. thestrike.
18. Asprotestralliesinfrontofgovernmentoffices; When at least a majority of the union members vote to accept the
d. No public official or employee, including officers and
19. Aswelgangbayan. personnel of the AFP or PNP, or armed person, shall bring in, improved offer the striking workers shall immediately return to work
introduce or escort in any manner, any individual who seeks and the employer shall
thereupon readmit
them
upon
the signing of
ProhibitedactivitiesandStrikearea
to replace strikers in entering or leaving the premises
of
a theagreement.
ARTICLE279.ProhibitedActivities.— strikearea,orworkinplaceofthestrikers. a lockout, the
In case of DOLE
shall
also
conduct
a referendum
by
a. No labor organization or
employer shall declare a strike
or The
police
force
shall
keep out of the picket lines unless secret
balloting
on
the
reduced
offer
of
the
union
on or before the
30thdayofthelockout.
lockout without first having bargained collectively or actualviolenceorothercriminalactsoccurtherein.
without first
having
filed
the
notice required or
without the When at least a majority of
the
board of
directors or trustees or
the
e. No person engaged in picketing shall commit any act of partners holding the
controlling interest
in
the
case of a partnership
necessary strike or lockout vote
first having been obtained
andreportedtotheDOLE. violence, coercion or intimidation or obstruct the free vote to accept the reduced offer, the workers shall immediately return
ingress
to
or egress from the employer's premises for lawful to work and the employer shall thereupon readmit them upon the
No strike or lockout shall be declared after assumption
of purposes,orobstructpublicthoroughfares. signingoftheagreement.
jurisdiction by the President or the SOLE or after
certification or submission of
the
dispute to
compulsory or “Strike
area" means the establishment, warehouses, depots, plants
Inparidelictorule
voluntary arbitration or during the pendency of cases or offices,
including the
sites
or
premises used as runaway shops,
involvingthesamegroundsforthestrikeorlockout. When both
employer and
union
are
equally
at
fault,
the
law
leaves
of the employer struck against, as well as the
immediate vicinity
themastheyareanddeniesrecoverybyeitheroneofthem.
Any worker whose employment has been terminated as a actually used by picketing strikers in
moving to and fro
before all
consequence of any unlawful lockout shall be entitled to pointsofentrancetoandexitfromsaidestablishment. Prohibitionagainstarrestanddetentionofunion
reinstatementwithfullbackwages. members
LiabilitiesinIllegalStrike
Any union officer who knowingly participates in an ARTICLE 281. Requirement for Arrest
and
Detention. — Except on
illegal strike and any worker or union officer who Knowingly CommittedIllegal grounds of national security and public peace or in case of
knowingly participates in the commission of illegal acts Participated Acts
commission of
a crime,
no
union
members or union organizers may
during a strike may be declared to have lost his
UnionOfficer DISMISSED DISMISSED
employmentstatus.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 81of122
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be arrested or detained for union activities without previous b.Picket In such cases, therefore, the SOLE may
immediately assume, within
consultationswiththeSecretaryofLabor. twenty four (24) hours from knowledge of the occurrence of such a
Marching to-and-fro with placards that make known the issues
betweentheestablishmentandtheworkers. strike or lockout, jurisdiction over the same or certify it to the
LaborDisputeandInnocentbystanderrule Commission for compulsory arbitration. For this purpose, the
Picketing
is
limited
to
harmless
marching by employees who carry
contending parties are
strictly enjoined
to
comply
with such orders,
"Labor dispute" includes any controversy or matter concerning placardsorusespeechtoattractthepublictotheircause.
prohibitions and/or injunctions as are issued by the SOLE or the
terms and conditions of employment or the association or
2.Byemployer Commission, under pain of
immediate disciplinary action, including
representation of persons in negotiating, fixing, maintaining,
dismissal or loss of employment status or payment by the
changing or arranging the terms and conditions of employment, a.Lockout locking-out employer of backwages, damages and other affirmative
regardless of whether the
disputants stand in
the
proximate relation
"Lockout"
refers
to the temporary refusal of an employer to furnish relief,evencriminalprosecutionagainsteitherorbothofthem.
ofemployerandemployee.
workasaresultofalabororindustrialdispute. The foregoing notwithstanding, the President of the Philippines
ARTICLE 271. Employer as Bystander. — In all
cases,
whether the shall not be precluded from determining the industries that, in his
3.AssumptionofjurisdictionbySOLE
petition for certification election is filed by an employer or a opinion, are indispensable to the national interest, and from
legitimate labor
organization, the
employer shall not be considered a When, in
his
opinion, there
exists a labor dispute causing or likely to intervening at any time and assuming jurisdiction over any such
party thereto with a concomitant right to oppose a petition for cause
a strike or
lockout
in an industry indispensable to the national labordisputeinordertosettleorterminatethesame.
certification election. The employer's participation in such interest,theSOLEmay
proceedingsshallbelimitedto: 1. assumejurisdictionoverthedisputeanddecideitor Doctrineofgreatbreadthofdiscretion
1. beingnotifiedorinformedofpetitionsofsuchnature;and 2. certify the same to the Commission for compulsory The
“great
breadth
of
discretion”
by
the
Secretary
once he assumes
2. submitting t he list of employees during the pre-election arbitration. jurisdictionoveralabordisputeisrecognized.
conference should the Med-Arbiter act favorably on the Such assumption or certification shall have the effect of Appeal to Office of the President, when allowed and procedure,
petition. AO22-2011
automatically enjoining the intended or impending strike or
lockoutasspecifiedintheassumptionorcertificationorder. The DOLE Secretary may assume jurisdiction over a labor
dispute,
Anti-InjunctionBan or certify it to the NLRC for compulsory arbitration, if, in his
If one has already taken place at the time of assumption or
ARTICLE 266. Injunction Prohibited. — No temporary or permanent certification, all
striking
or
locked
out employees shall
immediately opinion, it may cause or likely to cause a strike or lockout in
an
injunction or restraining order
in any case involving or
growing out return to work and the employer shall immediately resume industry indispensable to the
national interest. The President may
of
labor
disputes shall
be
issued by any court or
other
entity, except operations and readmit all workers under the same terms and alsoexercisethepowertoassumejurisdictionoveralabordispute.
asotherwiseprovidedinArticles218and264ofthisCode. conditionsprevailingbeforethestrikeorlockout.
a.Industryindispensabletothenationalinterest
In
labor
disputes adversely affecting the continued operation of such
GR: Noinjunctionordergrowingoutoflabordisputes. Sec 16, Rule XXII, Book V, as created by
DOLE
Department
Order
hospitals, clinics or medical institutions, it shall be the duty of the
No.040-H-13
EXC: striking union or locking-out employer to provide
and
maintain
an
effective skeletal workforce of
medical and other
health
personnel, 1. hospitalsector;
1. Commissionofprohibitedactivities;
whose movement and services shall be unhampered and 2. electricpowerindustry;
2. Prospectofirreparabledamage; unrestricted, as are necessary to insure the proper and adequate
3. water supply
services,
to
exclude
small water
supply
services
3. Nationalinterestcases. protection of the life and health of its patients, most especially
suchasbottlingandrefillingstations;
emergencycases,forthedurationofthestrikeorlockout.
4. airtrafficcontrol;and
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5. such
other industries
as
may
be recommended by the National 5. Processestobefollowed
An order of reinstatement is different from a return-to-work
TripartiteIndustrialPeaceCouncil(TIPC). order. The award of reinstatement, including backwages, is 6. Supervisionofworkers
b.Effectsofassumptionofjurisdiction awarded by a Labor Arbiter to an illegally dismissed employee
pursuant to
Article 294.
On
the other hand,
a return-to-work order 7. Workingregulations
Effect of such assumption or certification of
labor
dispute
to
the
is issued by the SOLE when he or she assumes jurisdiction over a 8. TransferofEEs
NLRC labor dispute in an industry that
is
considered indispensable
to
the
nationalinterest. 9. Worksupervision
a. On intended or impending strike or lockout — automatically
enjoinedevenifaMotionforReconsiderationisfiled. Return-to-work and reinstatement orders are both immediately 10. Layoffofworkers,and
b. On
actual strike or lockout — strikers or locked out employees executory; however, a return-to-work order is interlocutory in
11. Thediscipline,dismissalandrecallofworkers.
nature, and is
merely meant to
maintain status
quo while
the
main
should immediately return to work and employer should
issue is
being threshed out
in
the
proper forum. In contrast, an order Theseprerogativesarel imitedby:
readmitthemback. of reinstatement is a judgment on the merits handed down by the
c. On cases filed or may be filed — All shall be Labor Arbiter pursuant to the original and exclusive jurisdiction 1. Impositionsof
subsumed/absorbed by the assumed or certified case except providedforunderArticle224(a). a. Law;
when the order specified otherwise. The parties to the case
b. CBA;
shouldinformtheDOLESecretaryofpendencythereof. VI.MANAGEMENTPREROGATIVE
c. Employmentcontract;
ManggagawangKomunikasyonsaPilipinasv.PLDT2017Leonen
A.Discipline d. ERpolicy;
WON the
return-to-work
order of the SOLE was rendered moot when
theNLRCupheldthevalidityoftheredundancyprogram. B.Transferoremployees e. ERpractice;and
YES. When petitioner filed its Motion for Execution on pursuant to C.Productivitystandards f. Generalprinciplesoffairplayandjustice.
this Court's ruling there was no longer any existing basis for the
return-to-work order. This was because the SOLE's return-to-work 2. Policepower;
D.Bonus
order had been superseded by the NLRC's Resolution. Hence, the 3. Exercisewithoutabuseofdiscretion;
SOLE did not err in dismissing the motion for execution on the E.Changeofworkinghours
groundofmootness. 4. Adherence in good faith and with due regard to the rights of
F.Bonafideoccupationalqualifications
Petitioner cites Garcia v. Philippine Airlines to support its claim labor.
that the affected and striking workers are entitled to reinstatement G.Post-employmentrestrictions
and backwages from January 2, 2003, when Secretary Sto. Tomas A.Discipline
directed the
striking
workers to
return
to
work, up to April 29, 2006, H.Marriagebetweenemployeesofcompetitor-employers
when the NLRC's Resolution upholding PLDT's redundancy program Therightorprerogativetodisciplinecoversthefollowingrightsto:
It
is
the
right
of
an
ER to regulate, generally without restraint, according
becamefinalandexecutory. a) Discipline;
to
its
own
direction
and
judgment,
every
aspect
of
its business, subject
Petitionerismistaken.
tolimitationsoflaw. b) Dismiss;
Garcia upholds the
prevailing
doctrine
that
even if
a Labor Arbiter's
order of reinstatement is reversed on appeal, the employer is Suchaspectsofemploymentinclude c) Determinewhotopunish;
obligated "to
reinstate and
pay
the
wages
of
the dismissed employee
1. Hiring d) Promulgaterulesandregulations;
duringtheperiodofappealuntilreversalbythehighercourt."
There is
no
order
of
reinstatement from a Labor Arbiter in the case at 2. Promoting e) Imposepenalty(proportionalityrule)
bar, instead, what is at issue is the return-to-work order from the 3. Workassignments f) Choosewhichpenaltytoimpose;AND
SOLE.
4. Toolstobeused
BasedontheLecturesofA
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g) Impose heavier penalties than what the company rules a. Overseasassignment;
WON the
transfer
of
respondents
to
petitioner's
Manila
office
was
a
prescribe.
b. Consequenttop
romotion; validexerciseofmanagementprerogative.
The proportionality rule means
that
the
penalty
to
be
imposed
must
This is a scalar transfer. The EE may refuse as this entails YES. In the resolution of whether the transfer of the respondents from
becommensuratewiththeoffensecommitted. one area of
operation
to another was valid, finding a balance between
additionalresponsibilities.
the scope and limitation of the exercise
of
management prerogative
B.Transferofemployees c. Toavoidconflictofinterest; andtheemployees'righttosecurityoftenureisnecessary.
The transfer could not be validly assailed as
a form
of
constructive
The
lateral
movement from
one
position
to
another
of
equivalent
rank, d. Occasionedbytheabolitionoftheposition.
dismissal, for, as held in Benguet Electric Cooperative v.
Fianza,
levelorsalary.Couldbeamovement: Refusali sI NVALID management had the prerogative to determine the place where the
employee is
best
qualified to
serve the interests of the business
a. Fromonep
ositiontoanother;or a. Duetoparentalobligations; given the qualifications, training and performance of the affected
b. From one office to another within the same business employee.
b. Additionalexpenses;
establishment. To start with, the resignations of the account managers and the
c. Inconvenience; director of
sales and marketing in the Manila office brought about the
This
is
an
inherent
right
to
control
or
manage
by
the
ER.
Consent of EE
d. Hardshipandanguish. immediate need for their replacements with personnel having
NOTrequired. commensurateexperiencesandskills.
Pecksonv.RobinsonsSupermarket2013
This is exercised by the ER in the best
interest
of
the company to
see Secondly, although the respondents' transfer to Manila might be
where a particular EE
can be
best maximized. For a transfer to be valid, Concerning the transfer of employees, these are the following potentially inconvenient for
them because it
would entail additional
thefollowingR EQUISITESmustbeobserved: jurisprudentialguidelines: expenses on their
part
aside from their being forced to be away from
a) a transfer is a movement from one position to another of their families, it was neither unreasonable nor oppressive. The
a. Mustbereasonableo
rhaveasoundpurpose; equivalent rank, level
or
salary
without
break
in the service transfer would be without demotion in
rank, or
without diminution
or a lateral movement from one position to another of of
benefits and salaries. Instead, the transfer would open the way for
b. Mustnotinconvenientt hewelfareoftheEE; theireventualcareergrowth,withthecorrespondingincreasesinpay.
equivalentrankorsalary;
c. NotprejudicialtotheEE; b) the
employer
has the inherent right to transfer or reassign an Thirdly, the respondents did not show by substantial evidence that
employeeforlegitimatebusinesspurposes; the petitioner was acting in bad faith or had ill-motive in ordering
d. Notinvolvead
emotionofrankorstatus;
their transfer. In contrast, the urgency and genuine business
c) a transfer becomes unlawful where it is motivated by
e. Notbemotivatedbyd
iscrimination; necessity.
discrimination or bad faith or is effected as a form of
punishmentorisademotionwithoutsufficientcause; Lastly, the respondents, by having voluntarily affixed their signatures
f. Notmadeinbadfaith;
d) the employer must be able to show that
the
transfer
is
not on their respective
letters of
appointment, acceded to
the
terms and
g. Not be effected as a form of punishment without sufficient unreasonable,inconvenient,orprejudicialtotheemployee conditions of employment incorporated therein. One of the terms and
cause. conditions thus incorporated was the
prerogative of management to
ChateauRoyaleSports&CountryClubv.Balba,etal.2017 transfer and re-assign its employees from one job to another "as it
Failure to observe these requisites, the transfer is deemed maydeemnecessaryoradvisable."
CONSTRUCTIVEDISMISSAL.Samereliefsasthatofillegaldemotion. The burden
of
proof
lies
in
the
employer prove that the transfer
to
According to Abbot Laboratories (Phils.), Inc. v. NLRC, the
of
the
employee from one area of operation to another was for a valid
An EE who refuses to be transferred when such is valid, is guilty of employee who has consented to
the company's policy of hiring sales
andlegitimateground,likegenuinebusinessnecessity.
staff willing to
be assigned anywhere in the Philippines as demanded
insubordination or willful disobedience of a lawful order of
an
ER The right of the employee to security of tenure does
not
give
her
a by the employer's business has no reason to disobey the transfer
underArt297[282]oftheLC. vested right
to her position as to deprive management of its authority order of
management. Verily, the right of
the employee to security of
totransferorre-assignherwhereshewillbemostuseful. tenure does not give her a vested right
to her position
as
to
deprive
Refusalt obetransferredisV
ALIDi nthefollowingcases
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tty.Marquez❤
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management of its authority to transfer or re-assign her where
she provide
the
company's
employees
with
Saturday work based on the
Due to
the
nature of the bonus or special incentive being a gratuity or
willbemostuseful. existenceofoperationalnecessity.
act of liberality on the part of the giver, the respondent could not
validly insist on the schedule proposed in her memorandum Since the affected employees are daily-paid employees, they
should
C.Productivitystandards considering that
the grant of
the bonus or special incentive remained be given their wages and corresponding premiums for Saturday work
amanagementprerogative. only if
they are
permitted to
suffer work.
Invoking the time-honored
1. Realigningthefunctionsofacertainposition.
rule of "a fair day's work for a fair day's pay," the CCBPI argues that
the CA's ruling that such unworked Saturdays should be compensated
2. Valid so long as they are not contrary to law, public policy, E.Changeofworkinghours iscontrarytolawandtheevidenceonrecord.
morals.Theymustbelawfulandreasonable.
CCBPIv.IloiloCoca-ColaPlantEmployeesUnion2018 Where the employee is willing
and
able to work and is
not illegally
Alilingv.Feliciano2012
prevented from doing so, no wage
is
due to
him. To
hold otherwise
WON scheduling Saturday work has ripened into a company would be to grant
to
the
employee that
which he
did
not earn at
the
An employer is entitled to impose productivity standards for its practice, the removal of which constituted a diminution
of
benefits,
workers, and in fact,
non-compliance may
be
visited
with
a penalty prejudiceoftheemployer.
to which CCBPI is likewise liable to the affected employees for,
evenmoreseverethandemotion. including the
corresponding wage for
the Saturday work
which was In the case at bar, CCBPI's employees were not illegally prevented
Failure to observe prescribed standards of work, or to fulfill not performed pursuant to the policy of the Company to remove from working on Saturdays. The company was
simply exercising
reasonable work assignments due
to
inefficiency may constitute just Saturdayworkbasedonoperationalnecessity its option not to schedule work pursuant to the CBA provision
cause for
dismissal. Such
inefficiency is
understood to
mean
failure which gave it the prerogative to do so. It therefore follows that
the
NO. What is involved in this case is work undertaken within the principleof"nowork,nopay"findsapplicationintheinstantcase.
to
attain
work goals or
work
quotas, either by failing to complete the normal hours of
work
on Saturdays and not work performed beyond
same within the allotted reasonable period, or by producing eighthoursinoneday.
unsatisfactory results. This management prerogative of F.Bonafideoccupationalqualifications
requiring standards may be availed of so long as they are Despite the mistaken notion of CCBPI that Saturday work is
exercised in good faith for the
advancement of
the employer's synonymous to
overtime work,
the
Court still
disagrees
with
the
CA To be considered a bona fide
occupational
qualification, the
policy
interest. ruling that the previous practice of instituting Saturday work by
must
CCBPI had
ripened into
a company practice covered by Article 100 of
theLaborCode. 1. Servealegitimatebusinesspurpose;
D.Bonus
To
note,
it
is
not
Saturday
work
per
se
which
constitutes a benefit to 2. Bespecifictotheoccupationatissue;and
MegaMagazinePublicationsv.Defensor2014 the
company's employees. Rather,
the
benefit
involved in this case is
3. Reflect an inherent quality that would reasonably guarantee
the premium which the company pays its employees above and
The grant of a bonus or special incentive, being a management beyondtheminimumrequirementssetbylaw. workefficiency.
prerogative, is not a demandable and enforceable obligation, except
In Royal Plant Workers Union v. Coca-Cola Bottlers Philippines, Employment
may
not
be
limited
to persons of a particular sex, religion,
whenthebonusorspecialincentive
Inc.-Cebu Plant, the Court had the occasion to rule that the term or national origin unless the employer cas show that such
1. is made part of the wage, salary or compensation of the "benefits" mentioned in the non-diminution rule refers to qualifications are necessary in the performance of the job involved.
employee,or monetary benefits or privileges given to the employee with Exceptionst oBFOQ:
2. is promised by
the
employer
and
expressly
agreed
upon
by monetary equivalents. Stated otherwise, the employee benefits
contemplated by Article 100 are those which
are capable of
being 1. Employment qualification is reasonably related to the
theparties.
measuredintermsofmoney. essentialoperationofthejobinvolved;and
Bonus is a gratuity or act of liberality of the giver, and cannot be
considered part of an employee’s wages if it is paid only when profits CCBPI withdrew the Saturday work itself, pursuant, as
already held, 2. There is a factual
basis
for
believing
that
all
or
substantially
are realized or a certain amount of productivity is achieved. If the to its management prerogative. In fact, this management all persons meeting the qualification would be unable to
desired goal of production or actual work is
not
accomplished, the prerogative highlights the fact that the scheduling of the Saturday
properlyperformthedutiesofthejob.
bonusdoesnotaccrue. work was
actually
made subject to a condition, i.e., the prerogative to
BasedontheLecturesofA
tty.Marquez❤
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G.Post-employmentrestrictions relationship with an employee of a competitor company is a valid from him up to the time of his actual reinstatement. Furthermore,
exerciseofmanagementprerogative. inasmuch as reinstatement is no longer feasible given the strained
An EE is prohibited after separation from joining a competitor. relations between petitioners and respondent, the award of
Glaxo has a right
to
guard
its
trade
secrets,
manufacturing formulas,
VALID,subjecttolimitationsastodurationandplace. separation pay equivalent to one (1)
month's salary for every year of
marketing strategies and other confidential programs and
servicewasjustandreasonableasanalternativetoreinstatement.
Restrictivecovenantclauses information from competitors, especially so that it and Astra are rival
companiesinthehighlycompetitivepharmaceuticalindustry. Coca-ColaBottlersPhilsInc.v.CCBPIStaRosaPlantEmployees
In
determining whether
the
contract
is
reasonable
or
not,
the following
The prohibition against personal or marital relationships with Union2019
factorsshouldbeconsidered:
employees of competitor companies upon Glaxo’s employees is
a. whether
the
covenant
protects
a legitimate business interest reasonable under the circumstances because relationships of that The employer does not have the prerogative to impose other
nature might compromise the interests of the company. In laying conditions on the amount of loan to be taken which does
not
oftheemployer; involveitsdutytocollectandremitamortizations.
down the assailed company policy, Glaxo only aims to protect its
b. whether the covenant creates an undue burden on the interests against
the
possibility
that
a competitor company will gain In carrying out the 50% cap policy, petitioner effectively limits its
employee; accesstoitssecretsandprocedures. employees on
the
utilization of their salaries when it is apparent that
c. whetherthecovenantisi njurioustothepublicwelfare; as long as the employee is qualified to avail the
same, he/she
may
OtherCases applyforanSSSloan.
d. whether the time and territorial limitations contained in the DiwaAsiaPublishingetal.v.DeLeon2018 While petitioner's cause for putting a limitation on
the
availment of
covenantarer easonable;and loans, i.e.,
to promote the welfare of the employees and their families
WON the issuance of communications to
reprimand and/or correct
e. whether the restraint is reasonable from the standpoint of an erring employee forms part of the employer's management by
securing that
the
salary of
the
concerned employee shall be taken
prerogatives and is not
tantamount
to harassment,
let
alone
illegal home to
his family, is
sympathetic, we cannot subscribe to the same
publicpolicy.
dismissal. for being in contravention with the prohibition on interfering
withthedisposalofwagesunderArticle112oftheLaborCode.
H.Marriagebetweenemployeesof NO. Respondent was excluded from important HR decisions which
competitor-employers she
was expected
not
only
to be privy to, but also to have a say in, by
virtueofherpositioninthecompany. VII.SOCIALLEGISLATION
A policy prohibiting spouses from being employed in the same
There is constructive dismissal when an employee's functions,
company. There must be compelling business necessity for which were originally supervisory in
nature, were reduced; and such A.SocialSecuritySystemLaw
which no alternative exists other than the
discriminatory
practice reduction is
not grounded on valid grounds such as genuine business
necessity. 1.Coverageandexclusions
forittobeVALID.
TheoriesonEmploymentDiscrimination The reduction in respondent's duties and responsibilities as HR 2.Dependentsandbeneficiaries
Manager amounted to a demotion that was tantamount to
1. Disparate Treatment — Plaintiff must prove that an constructivedismissal. 3.Benefits
employmentpolicyisdiscriminatingonitsface; The above-cited circumstances indubitably present a hostile and B.GovernmentServiceInsuranceSystemLaw
2. Disparate Impact — Plaintiff must prove that a facially unbearable working environment that reasonably compelled
respondent to leave her employment. Respondent, therefore, was 1.Coverageandexclusions
neutral policy has a disproportionate effect on a part of the
constructivelydismissed.
class. 2.Dependentsandbeneficiaries
Under Article 279 of the Labor Code, an employee who is unjustly
DuncanAssoc.ofDetailman-PTGWOv.GlaxoWellcomePhils. dismissed from work shall be entitled to reinstatement without loss 3.Benefits
of seniority rights and other privileges and to his full backwages,
No reversible error can be ascribed
to
the
Court
of
Appeals
when
it C.LimitedPortabilityLaw
inclusive of allowances, and to his
other benefits
or
their
monetary
ruled that Glaxo’s policy prohibiting an employee from having a
equivalent computed from the time his compensation was withheld D.Disabilityanddeathbenefits
BasedontheLecturesofA
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B
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1.LaborCode 5. Individualfarmersandfishermen. 3.Benefits
2.EmployeesCompensationandStateInsuranceFund The New SS
Law
likewise
made
it
compulsory for
OFWs,
sea-based or 1. MaternityLeaveBenefit
land-based,tobemembersoftheSSSasprovidedforunderSec9-B.
3.PhilippineOverseasEmploymentAdministrationStandard seealso105-DayExpandedMaternityLeaveLawR
A11210
As
members of
the
SSS,
all
of
the
abovementioned are required to remit
EmploymentContract 2. RetirementBenefit
monthly contributions to SSS in
order
for
them
to
avail
of
the
benefits
providedforbytheSSLaw. underSection12-B,isgiventoamemberwho:
E.SoloParents
2.Dependentsandbeneficiaries 1) has reached the age of sixty (60) years old, and is
F.Kasambahay
already separated from work or has ceased to be
Thedependentsshallbethefollowing:
G.AgrarianRelations self-employed;or
1. The legal spouse entitled by law to receive support from the 2) has reached the age of sixty five
(65)
years
provided
1.Conceptofagrarianreform member; he/she has complied with the required monthly
2.Existenceandconceptofagriculturaltenancy 2. The legitimate, legitimated or
legally adopted, and illegitimate contributions.
child who is unmarried, not gainfully employed, and has not 3. DeathBenefit
3.Rightsofagriculturaltenants
reached twenty-one (21) years of age, or if over twenty-one
under Section 13, allows the primary beneficiaries of the
4.Conceptoffarmworkers (21)
years
of age, he
is
congenitally or while
still
a minor
has
been permanently incapacitated and
incapable of
self-support, deceased member to be entitled
to
monthly pension
provided
H.UniversalHealthCare the latter has paid the required monthly contributions to be
physicallyormentally;and
qualifiedthereof.
1.Policy 3. Theparentwhoisreceivingregularsupportfromthemember.
4. PermanentDisabilityBenefit
2.Coverage PrimaryBeneficiaries
under Section 13-A, provides that those who have permanent
3.NationalHealthInsuranceProgram 1. Thedependentspouseuntilheorsheremarries;
disabilities shall be entitled to monthly pension. The sum
2. the dependent legitimate, legitimated or legally adopted, and equivalent to the monthly pension is still subject to the
A.SocialSecuritySystemLaw illegitimatechildren, conditions and
qualifications provided by the said law. Further,
Provided, That the dependent illegitimate children shall be the law provides a different monthly pension for permanent
1.Coverageandexclusions entitled to fifty percent (50%) of the share of the legitimate, total disability, which is defined by Section 13-A (d), and
legitimatedorlegallyadoptedchildren: permanentpartialdisability.
The SS Law mandates that all employees including kasambahays or
domestic workers not
over sixty (60)
years of
age
shall be members of Provided, further, That in the absence of the dependent 5. FuneralBenefit
the SSS (Sec 9). The law also mandates compulsory coverage of the legitimate, legitimated or legally adopted children of the under Section 13-B, provides for a funeral grant equivalent to
Self-Employed as stated in Sec 9-A
of
R.A.
No. 11199 which provides member, his/her dependent illegitimate children shall be Twelve Thousand Pesos (P12,000.00) to
be
paid, in
cash
or
in
thatself-employedincludes,butnotlimitedto,thefollowing: entitledtoonehundredpercent(100%)ofthebenefits. kind, to
help
defray
the
cost
of
funeral
expense upon the death
1. Allself-employedprofessionals; Intheirabsence, of a member, including permanently totally disabled member
orretiree.
2. Partnersandsingleproprietorsofbusinesses; SecondaryBeneficiaries
6. SicknessBenefit
3. Actors and actresses, directors, scriptwriters and news 1. thedependentparents;
correspondents who do not fall within the definition of the under Section 14, provides daily sickness benefits
equivalent
2. In
the
absence
of
all the foregoing, any other person designated
term“employee”inSec8(d)ofthisAct; to
ninety
percent (90%) of his average daily salary credit, to
bythememberashis/hersecondarybeneficiary.
4. Professionalathletes,coaches,trainersandjockeys;and members who
are
confined for more than three (3) days in a
BasedontheLecturesofA
tty.Marquez❤
B
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hospital or
elsewhere with
the
approval of the SSS. However, to
Finally, the Court
believes
that Section 8 (c) of the Social Security Act nature or by adoption. When the law does not distinguish, one should
avail
of
this benefit,
the
member must
have complied with the notdistinguish.Ubilexnondistinguit,necnosdistingueredebemus.
of 1954 is broad
enough
to
include those persons acting directly
or
conditionsandqualificationsprovidedbythesaidlaw.
indirectlyintheinterestoftheemployer. Further, the rule, as worded, prevents the parents of
an
illegitimate
7. ⭐Unemployment Insurance or Involuntary Separation child from
claiming benefits
under Art.
167 (j).
This
is
an affront
to
The Court sustains the
jurisdiction of
the Commission over disputes
Benefits. under the Social Security Act "with respect to coverage, benefits, the Constitutional guarantee of equal protection under the laws. There
contributions and penalties thereon or any other matter related is no compelling reasonable basis to discriminate against illegitimate
under Section 14-B, provides that an employee who is
thereto. Moreover, the
Court agrees with the Commission's assertion parents.
involuntarily unemployed or separated from
work can
avail of
that an
action for
remittance of
SS
monthly contributions is not All told, the Decision of the ECC is bereft of legal basis.
Cornelio's
this benefit. However, this benefit
shall
only
be
availed o
nce
a type of money claim which needs to be filed against the estate adoption of John, without more, does not deprive petitioner of the
everythree(3)years. proceedings. right to receive the benefits stemming from John's death as a
SSSv.Alba dependent parent given Cornelio's untimely demise during John's
SSSv.DelosSantos minority. Since the parent by adoption already died, then the
death
An
action
for
remittance
of
SS
monthly
contributions is not a type of benefits under the Employees' Compensation Program shall accrue
AN ESTRANGED wife who was not dependent upon her deceased
moneyclaimwhichneedstobefiledagainsttheestateproceedings. solelytohereinpetitioner,John'ssoleremainingbeneficiary.
husbandforsupportisnotqualifiedtobehisbeneficiary.
WON the
term "employer" under the Social Security Act of 1954 may Death benefits
should
not
be
denied to
the
wife
who
was
married to Haveriav.SSS2018
be applied to Far Alba, the administrator-son of the owner, Arturo thedeceasedretireeonlyafterthelatter'sretirement.
Alba, Sr.,
who is directly
and actively
involved in the operation of the WON Haveria's inclusion as a compulsory member of the SSS was
agriculturalundertaking. The reckoning point
in
determining the beneficiaries of the deceased valid and consequently, whether he is entitled to receive monthly
should be the time of his death. There is no need to look into the time pensions.
YES. Far
Alba had indeed served as
Lamboso's employer from
1965 ofretirement.
to 1970 or, at the very least, he had served as the hacienda's NO. Haveria was reported by the SSSEA as an employee, and he
administrator before 1970. The
question is whether an administrator In Aguas, the Court ruled that although a husband and wife are claims coverage as a compulsory member of the SSS. As correctly
could be considered an employer within the scope of the Social obliged to
support each other,
whether one
is
actually dependent for held by the SSC and CA, the SSSEA, a labor organization, cannot be
SecurityActof1954.Weanswerintheaffirmative. support upon the
other cannot be presumed from the fact of marriage considered an employer under the law. As a government
alone. The obvious conclusion then is that a wife who is already employee, Haveria would have
been
qualified for voluntary coverage
First, the Court observes that Far Alba was no ordinary administrator. separated de facto from her husband cannot be said to be
He
was no less
than
the
son
of
the
hacienda's owner
and
as
such
he under Section 9 (b)
of R.A. No. 1161, had he registered as a voluntary
"dependent for support" upon the husband, absent any showing member. Consequently, his compulsory coverage while supposedly
wasanowner-in-waitingpriortohisfather'sdeath.
tothecontrary. employedwiththeSSSEAwaserroneous.
Second, nomenclature aside, Far Alba was not merely an
administrator of the hacienda. Applying the control test which is used Bartolomev.SSS2014 Thus, Haveria's compulsory coverage with the SSS validly started
to determine the existence of employer-employee relationship for only in 1989 when he was reported as an employee of private
purposes of compulsory coverage under the SSS law, Far Alba is Plainly, "dependent parents" are parents, whether legitimate or employer, Stop Light Diners until his retirement with his second
technicallyLamboso'semployer. illegitimate, biological
or
by
adoption,
who
are in need of support or privateemployer,FirstIvoryPharmaTrade,Inc.in1997.
assistance.
Third, not to be forgotten is the definition of an employer under PhilippineJournalistInc.v.JournalEmployeesUnionetal.2013
Article 167(f) of the Labor Code which deals with employees' WON the biological parents of the covered, but legally adopted,
compensation and state insurance fund. The said provision of the law employee considered secondary beneficiaries and, thus, entitled, in The coverage of
the term legal dependent as used in a stipulation
defines an employer as "any person, natural
or
juridical, employing appropriatecases,toreceivethebenefitsundertheECP. in a collective bargaining agreement (CBA) granting funeral or
the services of the employee." It also defines a person as "any YES. The term "parents"
in
the
phrase
"dependent parents" in Article bereavement benefit to a regular employee for the death of a legal
individual, partnership, firm, association, trust,
corporation or
legal 167 (j)
of
the
Labor Code
is
used
and
ought to be taken in its general dependent, if
the CBA is
silent about
it,
is
to
be construed as similar
representative thereof." Plainly, Far Alba, as the hacienda sense and cannot be unduly limited to "legitimate parents" as
what to the meaning that contemporaneous social legislations have set.
administrator, acts as the legal representative of the employer the ECC did. The phrase "dependent parents" should, therefore, This is
because the
terms of
such
social legislations are deemed
and is
thus an employer within the meaning of the law liable to include all
parents, whether legitimate or illegitimate and whether by incorporatedinoradoptedbytheCBA.
paytheSScontributions. WON petitioner’s denial of respondents’ claims for funeral and
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security
protection
such as disability, survivorship, separation, and On the other hand, the Unemployment or Involuntary
bereavement aid granted under Section 4, Article XIII of
their
CBA
constituted
a diminution
of benefits
in
violation of
Article 100 of the unemploymentbenefits. Separation Benefits
are
given
to
an
employee
who,
at
the
time
of
LaborCode. 2.Dependentsandbeneficiaries separationfromwork,
YES. Here, a conflict has arisen regarding the interpretation of the 1. washoldingapermanentemployment,and
Dependentsshallbethefollowing:
term legal dependent in connection with the grant of funeral and
bereavementaidtoaregularemployee. a. the legitimate spouse dependent for support upon the 2. was
separated involuntarily due
to the abolition of his/her
Petitioner insists that notwithstanding the silence of the CBA, the memberorpensioner; officeorpositionresultingfromreorganization.
term legal dependent should follow
the
definition of
it
under the SS In addition, the member shall have paid the required monthly
b. the
legitimate,
legitimated,
legally adopted child, including
Law. contributionstobequalifiedthereto.
the illegitimate child, who is unmarried, not gainfully
Social legislations contemporaneous with the execution of the CBA With respect to disability benefits, permanent total disability
havegivenameaningtothetermlegaldependent. employed, not over the age of majority, or is over the age of
majority but
is
incapacitated and
incapable of self-support means disability caused by
injury
or disease resulting in complete,
It
is
clear
from these
statutory definitions of dependent that the civil irreversible, and permanent incapacity to
work or
to
engage in any
status of the employee as either married or single is not the due to
a mental or
physical defect acquired prior to age of
majority;and gainful occupation, while there is permanent partial disability when
controlling consideration in order that a person may
qualify as the
employee’s legal
dependent. What is
rather decidedly controlling a
GSIS
member is incapacitated to work for a limited period of time
c. theparentsdependentuponthememberforsupport; because of complete, and permanent loss of any of the following
is the fact that the spouse, child, or parent is actually
dependentforsupportupontheemployee. Primary beneficiaries. — The legal dependent spouse until bodyparts.xxx
Petitioner had no basis to deny the claim for funeral and bereavement he/sheremarriesandthedependentchildren; Further,
there is temporary total
disability
when
a GSIS
member is
aid
of
Alfante
for
the death of his parent whose death and fact of legal Secondary beneficiaries. — The dependent parents and, subject to momentarily incapacitated to work or engage in any gainful
dependencyonhimcouldbesubstantiallyproved. occupation as a result of impairment of physical or mental faculties
therestrictionsondependentchildren,thelegitimatedescendants.
Pursuant
to
Article
100
of
the Labor Code, petitioner as the employer whichcanberehabilitatedorrestoredtotheirnormalfunctions.
could
not
reduce,
diminish, discontinue or
eliminate any benefit and 3.Benefits
Under Section 16
(c)
of
R.A.
No.
8291,
the
disability
benefits
shall
supplementbeingenjoyedbyorgrantedtoitsemployees.
ThemembersoftheGSISareentitledto be suspended, unless the member has reached the minimum
1. separationbenefits, retirementage,whenhe/she:
B.GovernmentServiceInsuranceSystemLaw
2. unemploymentorinvoluntaryseparationbenefits, 1. isreemployed;or
1.Coverageandexclusions 3. permanenttotaldisabilitybenefits, 2. recovers from his disability as determined by the GSIS,
Membership in the GSIS shall be compulsory for all employees whosedecisionshallbefinalandbinding;or
4. permanentpartialdisabilitybenefits,
receiving compensation who have not reached the compulsory 3. fails to present himself for medical examination when
5. temporarytotaldisabilitybenefits,
retirementage,irrespectiveofemploymentstatus,e xcept requiredbytheGSIS.
a. members of the Armed Forces of the Philippines and the 6. retirementbenefits,
Retirement benefits are those received by employees upon
Philippine National Police, subject to the condition that they 7. survivorshipbenefits, reaching the age
of
retirement
which is
sixty
(60) years of age. To
mustsettlefirsttheirfinancialobligationwiththeGSIS,and 8. funeralbenefit,and be
entitled thereon, according
to
Section 13-A
of
R.A.
No. 8291, the
b. contractual who have
no
employer
and
employee
relationship followingqualificationsshallbemet:
9. lifeinsurancebenefit.
withtheagenciestheyserve. 1. hehasrendereda
tleastfifteen(15)yearsofservice;
The separation benefits are given to GSIS members who are
Except for the members of the judiciary and constitutional 2. he is at least sixty (60) years of age at the time of
separated
from service or who resigned therefrom provided that the
commissions who shall have life insurance only, all members of qualifications set by law are met by the member claiming for retirement;and
the GSIS shall have life insurance, retirement, and all
other
social separationbenefits.
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3. he is not receiving a monthly pension benefit from "Portability"
shall
refer
to
the transfer of funds for the account and be, he/she could apply the totalization rule. Applying the
permanenttotaldisability. benefitofaworkerwhotransfersfromonesystemtotheother. totalization rule can increase the chances of a worker to avail of
benefitsunderthesubjectlaw. T hismaybeavailedofonlyONCE.
Likewise, Survivorship benefits are given when a member or "Totalization"
shall
refer
to
the process of adding up the periods of
pensioner dies, his/her beneficiaries shall be entitled to Section 3, Rule V provides
instances
where
totalization
applies,
to
creditable
services
or
contributions
under each
of
the
Systems, for
survivorship benefits provided in Sections 21 and 22 of R.A. No. purposesofeligibilityandcomputationofbenefits. wit:
8291 as
stated
in
Section
20 of said law provided the qualifications 1. If a worker is not qualified for any benefits from both
setbylawaremet. WhatisPortability?
Systems;
Funeral benefit is given to the beneficiaries of the deceased Portability refers to the transfer of funds for the account, and benefit
2. If a worker in the public sector is not qualified for any
member to help them defray the cost of burial, and funeral of a worker who transfers from one system to the other (Section benefitsintheGSIS;or
expenses. 1(b),RuleIIIofR.A.No.7699).
3. If a worker in the private sector is not qualified for any
While, life insurance benefits are given to all GSIS members, It refers to instances where a worker transfers from private benefitsfromtheSSS.
except for Members of the AFP and the PNP, it is provided in Section employment to government employment, and vice versa, thereby
4. If a work qualifies for benefits in both Systems, totalization
24ofR.A.No.8291,towit: transferring from being SSS member to GSIS member, and vice
shallnotapply.
All employees except for Members of the AFP and the PNP
shall, versa. The transfer of funds is to ensure that his/her years of
In the case Gamogamo
v.
PNOC
Shipping
and
Transport
Corp.,
the
under such terms and conditions as may be promulgated by the servicearedulycredited.
GSIS, be compulsorily covered with life insurance, which shall pivotal issue was whether, for the purpose of computing an
Coverage employee’s retirement pay, prior
service rendered in
a government
automaticallytakeeffectasfollows:
Section
1,
Rule
I provides
that
the
rules and regulations shall apply agency can be tacked in and added to the creditable service later
1. for those employed after the effectivity of this Act, their
to all worker‐members of the GSIS and/or SSS who transfer from acquiredinaGOCCwithoutoriginalcharter.
insuranceshalltakeeffectonthedateoftheiremployment;
one sector
to
another,
and
who wish to
retain
their
membership in Petitioner’s contention that the principle of tacking of creditable
2. for
those
whose insurance will
mature after
the effectivity
bothSystems. serviceismandatedbyRepublicActNo.7699isbaseless.
of
this Act, their insurance shall be deemed renewed on the
day following the maturity or expiry date of their LimitedPortabilityScheme Obviously, totalization of service credits
is
only
resorted
to
when
insurance; the retiree does not qualify for benefits in either or both of the
R.A. No. 7699 was
enacted
to
enable
those
from
the
private
sector
3. for
those without any
life
insurance as of
the effectivity of Systems. Here,
petitioner is
qualified to
receive benefits granted by
who transfer to the government service or from the government
this Act, their insurance shall take effect following said GSIS,ifsuchrighthasnotyetbeenexercised.
sector to the private sector to combine their years of service and
effectivity.” contributions which have been credited
with the SSS or GSIS, as the In any case, petitioner’s fourteen years of service with the DOH may
It
must
be
noted
that
the
claims for benefits under this law shall be case
may be,
to satisfy
the
required number of years of
service for not remain uncompensated because it may be recognized by the
filed within 4 years from the time of the
contingency
except entitlementtothebenefitsundertheapplicablelaws. GSIS. Since petitioner may be entitled to some benefits from the
claimsforlifeandretirementbenefits. GSIS,hecannotavailofthebenefitsunderR.A.No.7699.
Totalization
Hence, after the contingency such as separation from work, Hence,
if
an
employee
is
entitled
to
some
benefits either from
It refers to the process of adding up the periods of creditable
occurrence of disability,
or
death
happens, then
the member ought GSIS or
SSS, as
the case
may be,
then the rule on
totalization
services or contributions under each of the Systems, SSS or GSIS, for
to file a claim immediately, in order to avail of the benefits will not apply. Totalization is only resorted to when one cannot
thepurposeofeligibilityandcomputationofbenefits.
providedunderthislaw. avail any benefits from GSIS or SSS, as the case may
be,
since
the
Hence,
if
a worker
is
not
entitled
to
any
benefits
under
SSS
or GSIS subject law intends that the employee may be able to get some
C.LimitedPortabilityLaw because the periods of his creditable services or contributions does benefits for his/her years of work. This is
in conformity with
the
not qualify to avail
any
benefit
under SSS
or
GSIS,
as
the
case
may
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objective of the Portability Law which is to ensure the social
welfareofemployeesinanysector. i) Temporary total disability
lasting
continuously for Provided,
further, That if
he
has
no
primary beneficiary, the
more than one hundred twenty days, except as System
shall
pay
to
his secondary beneficiaries the monthly
D.Disabilityanddeathbenefits otherwiseprovidedforintheRules; incomebenefitbutnottoexceedsixtymonths:
ii) Completelossofsightofbotheyes; Provided, finally, That the minimum death benefit shall
1.LaborCode notbelessthanfifteenthousandpesos.
iii) Lossoftwolimbsatorabovetheankleorwrist;
CHAPTERVIDisabilityBenefits iv) Permanentcompleteparalysisoftwolimbs; b) The System shall
pay
to
the
primary beneficiaries
upon the
ARTICLE197.T
emporaryTotalDisability.— v) Brain injury resulting in incurable imbecility or death of a covered employee who
is
under
permanent
total
disability under this Title, eighty (80%) percent of the
insanity;and
a) Any employee who sustains an
injury
or
contracts sickness monthly income benefit and his dependents to the
resulting in temporary total
disability shall,
for
each day
of vi) Such cases as determined by the Medical
Director dependents'pension:
such a disability or fraction thereof,
be
paid by
the System oftheSystemandapprovedbytheCommission.
an income benefit equivalent to ninety (90%) percent of Provided, That the marriage must have been validly
d) xxxx subsistingatthetimeofdisability:
hisaveragedailysalarycredit.
b) xxxx ARTICLE199.P
ermanentPartialDisability.— Provided, further, That if
he
has
no
primary beneficiary, the
System
shall pay
to his secondary beneficiaries the monthly
ARTICLE198.P
ermanentTotalDisability.— a) Any employee who
contracts sickness
or
sustains an
injury
pension excluding the dependents' pension, of the remaining
resulting in permanent partial disability shall, for each
balanceofthefive-yearguaranteedperiod:
a) Any
employee who contracts
sickness or
sustains
an injury month not exceeding the period designated herein, be paid
resulting in his permanent total disability shall, for each by
the
System during
such a disability an income benefit for Provided, finally, That
the
minimum death
benefit
shall
not
month until his death,
be
paid
by
the
System during such a permanenttotaldisability.xxxx belessthanfifteenthousandpesos.
disability,
CHAPTERVIIDeathBenefits c) The monthly income benefit provided herein shall be the
i) an amount equivalent to the monthly income new amount
of the monthly income benefit for the surviving
ARTICLE200.D
eath.—
benefit, beneficiariesupontheapprovalofthisdecree.
ii) plus ten (10%) percent thereof for each a) The System
shall
pay
to
the
primary
beneficiaries
upon
the d) Funeral benefit. — A funeral benefit of Three Thousand
dependent child, but not exceeding five, beginning deathofthecoveredemployee, Pesos
(P3,000.00) shall be
paid
upon
the death of a covered
withtheyoungestandwithoutsubstitution. employeeorpermanentlytotallydisabledpensioner.
i) an amount equivalent to his monthly income
b) The monthly income benefit shall be guaranteed for five benefit,
2.EmployeesCompensationandStateInsuranceFund
years,andshallbesuspendediftheemployee ii) plus ten percent thereof for each dependent
child, but not exceeding five, beginning with the ★ ECC Cir. No. 04-008, dated April 28, 2014 (Effectivity of
i) isgainfullyemployed,or CoverageofEmployeesundertheECProgram);
youngest and without substitution, except as
ii) recoversfromhispermanenttotaldisability,or providedforinparagraph(j)ofArticle167hereof: ★ AmendedRulesonEmployee’sCompensation
iii) fails to present himself for examination at least StateInsuranceFund,anditsliability
Provided, however, That the monthly income benefit shall be
onceayearuponnoticebytheSystem.
guaranteedforfiveyears: Coverage in
the
State
Insurance Fund shall
be
compulsory upon all
c) The following disabilities shall be deemed total and employers and their employees not over sixty (60) years of age;
permanent: Provided, That an employee who is over sixty (60) years of age and
paying contributions to
qualify
for
the retirement or
life
insurance
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benefit administered by
the
System shall
be subject
to compulsory Proscriptionagainstdoublerecovery 3. where the employee is charged, while on his way to or
coverage. from his place of employment or at his home, or during his
Article 1711. Owners of enterprises and other employers are
The State Insurance Fund shall be liable for compensation to the employment, with some
duty
or
special errand
connected
obliged to pay compensation for the death of or injuries to their
employee or his dependents, except when the disability or death withhisemployment;and
laborers, workmen, mechanics or other employees, even though the
wasoccasionedbytheemployee's 4. where the employer, as an incident of the employment,
event may have been purely accidental or entirely due to a
1. intoxication, fortuitous cause, if
the
death
or
personal
injury arose out
of and in provides the
means of transportation to and from the place
2. willfulintentiontoinjureorkillhimselforanother, thecourseoftheemployment. ofemployment.
3. notoriousnegligence,or The employer is also liable for compensation if the employee “BunkhouseRule”
contracts any illness
or
disease caused
by
such
employment or
as (ECCBoardRes.12-01-02)
4. otherwiseprovidedunderthisTitle.
the
result
of the nature of the employment. If the mishap was due to
ExtentofLiability Where the e mployee is required to stay in the premises or in
the employee's own notorious negligence, or voluntary act, or
drunkenness, the employer shall not be liable for compensation. quarters furnished by the employer, injuries sustained therein
Unless otherwise provided, the
liability of the State Insurance Fund
When the employee's lack of due care contributed to
his
death
or are in the course of employment regardless of the time the
same
shall be exclusive and in place of all other liabilities of the occurred.
employer to the employee, his dependents or anyone otherwise injury,thecompensationshallbeequitablyreduced.
entitled to receive damages on behalf of the employee or his Article 1712. If the death or injury is due to the negligence of a “PersonalComfortDoctrine”
dependents. fellow worker, the
latter and
the employer shall be solidarily liable (ECCBoardRes.15-04-15)
The payment of compensation shall not bar the recovery of benefits for compensation. If
a fellow worker's intentional or malicious act
Actsperformedbyanemployee:
as provided for in other laws whose
benefits
are
administered by is the only cause of the death or
injury,
the
employer shall
not
be
answerable, unless it should be shown that the latter did not a. Within the time and space limits of his employment to
theSystemorbyotheragenciesofthegovernment.
exercise due diligence in the selection or supervision of the minister personal comfort such as satisfaction of his
Coverage thirst,hungerorpersonaldemands;
plaintiff'sfellowworker.
a. General b. WhileontheplacesofrecreationwithinER’spremises,or
“Going&ComingRule”andProximityRule
i. Allemployers; c. to protect himself from extreme temperature in a place
The general rule in workmen's compensation law known as the
ii. EveryEEnotover60yrsold; "going & coming rule," simply stated, is that "in the absence of withinER’spremises
iii. An EE over 60 who had been paying SSS/GSIS special circumstances, an employee injured
in,
going to, or coming Shall be deemed incidental to his
employment and
injuries which
contributions prior to 60 and has not been from his
place of work is excluded from the benefits of workmen's the
EE suffered
in
the
performance of such acts shall be considered
compulsorilyretired;and compensationacts." COMPENSABLEandarisingoutofandinthecourseofemployment.
iv. Any EE coverable by both systems and should be This rule, however, admits of four
well-recognized
exceptions, to Rodrinv.GSIS
compulsorilycoveredbyboth. wit:
Members of
the
national police,
unless they are on official leave, are,
b. Sectoral 1. where the
employee is
proceeding
to
or
from
his
work
on by the nature of
their
functions, technically on
duty 24
hours a day,
thepremisesofhisemployer; because policemen are subject
to call
at any
time
and may be
asked
i. AllpublicsectorEEs;
by their superiors or by any distressed citizen to assist in
2. where
the employee is
about
to
enter
or
about to leave the
ii. AllprivatesectorEEs; maintainingthepeaceandsecurityofthecommunity.
premises of his employer by way of the exclusive or
iii. OFWs WONthedeathofSPO1RodriniscompensableunderPD626.
customary means of ingress and egress; (PROXIMITY
1. Seafarerscompulsorilycovered; RULE) YES. For the compensability of an injury to an employee which
results in his disability or death, Section 1(a), Rule III of the
2. Land-basedcontractworkers
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Amended Rules on Employees' Compensation imposes the 2. permanenttotaldisability;and The causes of CAD and hypertension that the ECC listed and explained
followingconditions: in its decision cannot be denied; smoking and drinking are
3. permanentpartialdisability.
1. The employee
must
have
been
injured
at the place where undeniably among these causes. However, they are not the sole
hisworkrequiredhimtobe; A
disability is
considered total
and
permanent if
as
a result of the causes of CAD and hypertension and, at least, not under the
injury or sickness, the employee is unable to perform any gainful circumstancesofthepresentcase.
2. The employee must have been performing his official occupationforacontinuousperiodexceeding120days.
functions;and In any determination of compensability, the nature and
Disability should be understood not singly through its medical characteristics of the job are as important as raw medical findings
3. If the injury was sustained elsewhere, the employee must significance but, more importantly, in terms of a person's loss of
havebeene xecutinganorderoftheemployer. andaclaimant'spersonalandsocialhistory.
earningcapacity.
The first condition has been met by petitioner. SPO1 Rodrin may have The military's disability certification clearly states that De Castro's
Permanent total disability means disablement of an
employee to ailments were: (1) aggravated by active service, (2) incident to
been in
the line
of
duty or
on
a surveillance
mission at
the time and earn wages in
the same kind of work, or work of a similar nature that
place of his shooting. Being specifically assigned to conduct service, (3) not incurred while
on
AWOL, (4)
never
existed prior
to
he was trained for or accustomed to perform, or any kind of work entry to
military service,
(5)
not due to misconduct, (6) not incurred
intelligence work in Carmona and Biñ an, SPO1 Rodrin is presumed to which a person of
his
mentality and
attainment could do. It does not
have been performing his
official duty
when
he
was shot to death by byprivateavocationand,(7)inlineofduty.
mean absolute helplessness but rather an incapacity to perform
a
security guard. Simply because SPO1 Rodrin was in the company of gainfulworkwhichisexpectedtobepermanent. Intoxication which does not incapacitate the employee from
his brothers-in-law who are not members of any law enforcement following his occupation is not sufficient to defeat the recovery of
agency does not establish that the business of SPO1 Rodrin at the In
this
case,
respondent
was
diagnosed to be hypertensive as a result compensation, although intoxication may
be a contributory cause
to
timeofhisdeathwaspurelyprivateincharacter. ofthephysicalandmentalstressofhiswork. his injury. While smoking may contribute to the development of a
In
the present case, evidence shows that, at the time that SPO1 Rodrin While respondent had been awarded 38 months of PPD benefits heart ailment, heart ailment may be
caused by other
factors such
as
was gunned down, he was performing his duty as a police officer. His commensurate to
his physical condition at the time of his retirement, workingandlivingunderstressfulconditions.
act of trying to find out the reason why the security guards were this does not preclude the
conversion of the benefits
to
which
he is Based on the totality of the circumstances surrounding De Castro's
acting hostile cannot be
said to be
foreign and unrelated to his job as entitled as a result of the fact that he later on
became permanently case, we are convinced that his long
years
of
military
service,
with
amemberofthepoliceforce. and totally disabled. When an
employee is constrained to retire at an its
attendant stresses and pressures, contributed in no small measure
early age due to his illness and the illness persists even after totheailmentsthatledtohisdisabilityretirement.
GSISv.Casco retirement, resulting in his
continued unemployment, as in this case,
such a condition amounts to total disability which should entitle him
When an
employee is
constrained to
retire at
an
early age
due to his
3.PhilippineOverseasEmploymentAdministration
tothemaximumbenefitsallowedbylaw.
illness and the
illness persists even after retirement, resulting in his StandardEmploymentContract
continued unemployment, as
in
this case, such a condition amounts GSISv.DeCastro GreatSouthernMaritimeServiceCorp.,etal.,v.Surigao
to t otal disability which should entitle him to the maximum
In any determination of compensability, the nature and The
general
rule
is
that
the
employer is
liable to
pay
the
heirs of the
benefitsallowedbylaw.
characteristics of the job are as important as raw medical findings deceased seafarer for death benefits once it is established that he died
WON respondent's claim for conversion of his PPD benefits
to
PTD andaclaimant'spersonalandsocialhistory. duringtheeffectivityofhisemploymentcontract.
benefitsshouldbegranted. What the law requires is a reasonable work connection and not However, the employer may be exempted from liability if he can
YES. There is nothing in the law which prohibits the conversion of direct causal relation. Probability, not the ultimate degree of successfully prove
that
the
seafarer's
death
was
caused by
an injury
PPD benefit to
PTD benefit if
it
is shown that the employee's ailment certainty,isthetestofproofincompensationproceedings. directlyattributabletohisdeliberateorwillfulact.
qualifies as
such. The grant of PTD benefit
to an
employee who was
WON De Castro proved that his heart ailments are work-related WON Leonila is entitled to death benefits for the death of her
initially compensated for PPD but is
found to
be
suffering from PTD
and/orhavebeenprecipitatedbyhisdutieswiththeAFP. husband under the POEA Standard Employment Contract for
would not be prejudicial to the government to
give it
reason to
deny
theclaim. YES. Other than the given facts, another undisputed aspect of the case seafarers.
is the status of
the
ailments
that
precipitated
De
Castro's
separation NO. Respondents' entitlement to any death benefits depends on
There are
three
types
of
disability
benefits
granted
under P.D. No.
from the military service — CAD and hypertensive cardiovascular whether the evidence of the petitioners suffices to prove that the
626:
disease.Theseareoccupationaldiseases.
1. temporarytotaldisability
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deceased committed suicide; the burden of proof rests on his of
the
said
periods
without a declaration of
either fitness to The qualification that death must be work-related has made it
employer. work or
permanent disability and the seafarer is still unable necessary to show a causal connection between a seafarer’s work and
The
post-mortem examination conclusively established
that
the
true toresumehisregularseafaringduties. hisdeathtobecompensable.
causeofdeathwasasphyxiaorsuffocation. Inthiscase,thefollowingareundisputed: Disabilityordeathmustarise
a. when Munar filed a complaint for total and permanent (1) outofemployment,AND
KestrelShippingCo.etal.,v.Munar2013
disability benefits, 181 days had lapsed from the time he (2) inthecourseofemployment.
If
after
the
lapse of
the
120
or 240 day periods, the seafarer is still signed-offfromM/VSouthernUnity;
WON Sy is entitled to death benefits under the POEA Standard
incapacitated to perform his usual sea duties and the company- b. Dr. Chua issued a disability grading after the lapse of 197 Contract.
designated physician had not yet declared him fit to work or days;and
permanently disabled, whether total or permanent, the conclusive NO. To be entitled for death compensation benefits from the
c. MunarsecuredtheopinionofDr.Chiu; employer,thedeathoftheseafarer
presumption that the
latter is totally and permanently disabled
arises. d. nothirddoctorwasconsultedbytheparties;and (1) mustbework-related;and
e. Munar did not question the competence and skill of the (2) musthappenduringthetermoftheemploymentcontract.
WON Munar is entitled to the maximum compensation benefit as
company-designated physicians and their familiarity with
providedunderthePOEAStandardEmploymentContract. Under the Amended POEA Contract, work-relatedness is now an
hismedicalcondition.
YES. Under Section 32 of the POEA-SEC, only those injuries or important requirement. Under the 2000 POEA Amended Employment
When Munar filed his complaint, Dr. Chua had not yet determined the Contract, work-related injury
is defined
as
an
injury(ies)
resulting in
disabilities that
are
classified as
Grade
1 may
be
considered as total
nature and extent of Munar’s disability. Also, Munar was still disabilityordeatharisingoutofandinthecourseofemployment.
and permanent. However, if those injuries or disabilities with a
undergoing physical therapy and his
spine injury had yet to
be
fully
disability grading from 2 to
14,
hence,
partial
and permanent, would The words "arising out of" refer to the origin or cause of the
addressed. Furthermore, when Munar filed a claim for total and
incapacitate a seafarer from performing his usual sea duties for a accident, and are
descriptive of its character, while the words "in the
permanent disability benefits, more than 120 days had gone by
and
period of more than 120 or 240 days, depending on the need for course of" refer to the time, place and circumstances under which
the prevailing rule
then was
that
enunciated by
this Court in Crystal
further medical treatment, then he is, under legal contemplation, theaccidenttakesplace.
Shipping, Inc. v. Natividad that total and permanent disability refers
totallyandpermanentlydisabled.
to the seafarer’s incapacity to perform his
customary sea duties for Aninjuryoraccidentissaidtoarise"i nthecourseofemployment"
The company-designated physician is
expected to arrive at a definite morethan120days.
assessment of
the
seafarer’s fitness to
work
or permanent disability 1. whenittakesplacewithintheperiodoftheemployment,
Consequently, that
after the expiration of the 120-day period, Dr. Chua
within the
period of
120
or
240 days. Should he fail to do so and the 2. ataplacewheretheemployeereasonablymaybe,and
had not yet made any declaration as
to
Munar’s fitness
to
work and
seafarer’s medical condition remains unresolved, the seafarer shall
Munar had not yet fully recovered and was still incapacitated to work 3. while he is fulfilling his duties or is engaged in doing
bedeemedtotallyandpermanentlydisabled.
sufficed to entitle the latter to total
and permanent disability somethingincidentalthereto.
In Vergara v. Hammonia Maritime Services, Inc., the Court read benefits.
the POEA-SEC in harmony with the Labor Code and the AREC in At
the
time of
the
accident, AB
Sy
was on shore leave and there was
In addition, that it was by operation of law that brought forth the no showing that he was doing an act in relation to his duty as a
interpretinginholdingthat:
conclusive presumption that Munar is totally and permanently seaman or engaged in the performance of any act incidental thereto. It
a. the 120 days provided under Section 20-B(3) of the disabled, there is no legal compulsion for him to observe the was not also established that, at the time of the accident, he was
POEA-SEC is the period given to
the
employer to
determine procedure prescribed under Section 20-B(3) of the POEA-SEC. A doing work which was ordered by his superior ship officers to be
fitness to work and when
the
seafarer is
deemed to
be
in
a seafarer’s compliance with such procedure presupposes that the done for the advancement of his employer's interest. Consequently,
stateoftotalandtemporarydisability; company-designated physician came
up with an assessment as to his his death could not be considered work-related to be
b. the 120 days of total and temporary disability may be fitness or unfitness to work before the expiration of
the
120-day or compensable.
extended up to a maximum of 240 days should the 240-dayperiods.
seafarerrequirefurthermedicaltreatment;and Nazarenov.MaerskFilipinasCrewingInc.etal.2013EnBanc
Syv.PhilTransmarineCarriersInc.2013
c. a total and temporary disability becomes permanent when If serious doubt exists on the company-designated physician's
so declared by the company-designated physician within declaration of the
nature
of
a seaman's
injury and its
corresponding
120 or
240 days,
as
the
case
may be,
or
upon the expiration impediment grade, resort to prognosis of other competent medical
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professionalsshouldbemade. condition, having
closely,
meticulously and
regularly
monitored and physician, the parties shall jointly agree to refer the matter
WON under Section 20 of the said POEA-SEC, the disability of a actually
treated
the
seafarer’s
illness,
is
more
qualified
to
assess the to a third doctor whose findings shall be final and
seafarer can only be
assessed
by the
company-designated physician seafarer’sdisability. bindingonboth.
andnotbytheseafarer’sowndoctor. WONArmandoisentitledtototalandpermanentdisabilitybenefits. Here, the petitioners’ designated physician – Dr. Alegre – declared
NO. In Seagull Maritime Corporation v. Dee, the Court held that Armando fit for sea service 92
days
from
the
time he
disembarked.
NO. The entitlement of a seafarer on overseas employment to
nowhere in
the
case of German
Marine Agencies, Inc. v. NLRC was While Armando was initially under temporary total disability, Dr.
disability benefits is governed by the medical findings, by law and by
it held that the company-designated physician’s assessment of the Alegredeclaredhimfittoworkwellwithinthe120-daymark.
the parties’ contract. By law, the governing provisions are Articles
nature and extent of
a seaman's
disability
is
final
and conclusive on 191 to 193, Chapter VI (Disability Benefits) of the Labor Code, in Armando, acting well within his rights, disagreed with the
the employer company and the seafarer-claimant. While it is the relation to Section 2, Rule X of the Rules and Regulations assessment of the company-designated physician and sought the
company-designated physician who must declare that the seaman Implementing Book IV of the Labor Code. By contract, the opinion of four
private physicians who arrived at
a contrary finding.
suffered a permanent disability during employment, it does not provisions of the POEA-SEC incorporating Department Order No. 4, We note, however, that he did so
only
after he
had already filed his
deprivetheseafarerofhisrighttoseekasecondopinion. seriesof2000oftheDOLE(thePOEA-SEC)govern. complaint with the LA. Thus, Armando, in
fact,
had no
ground for
a
The certification of the
company-designated physician would
defeat disability claim at
the
time he
filed his complaint, as he did not have
When read together with Articles
191
to
193,
and
Section
2,
Rule
X,
petitioner’s claim while the opinion of the independent physicians anysufficientevidentiarybasistosupporthisclaim.
and following our various pronouncements, Section 20-B of the
would uphold such claim. In such a situation, the
Court
adopts
the POEA-SEC evidently shows that it is the company-designated More than this, the disagreement between the findings of the
findings favorable to petitioner. The law looks tenderly on the physician who primarily assesses the degree of the seafarer’s company-designated physician and Armando’s chosen physicians
laborer. disability. was never referred to a third doctor. Considering the
absence of
WON petitioner
is entitled to disability benefits based on the findings findings coming from a third doctor, we sustain the
findings of
the
1. Upon the seafarer’s repatriation for medical treatment, and
and conclusions, not only of his personal doctors, but also on the NLRC and hold that the
certification of
the
company-designated
during the course of such treatment, the seafarer is under
findingsofthedoctorswhomheconsultedabroad. physicianshouldprevail.
total temporary disability and receives medical allowance
YES. It
is
apparent that in
a
message to
Elite, it
was established that until the
company-designated physician declares his fitness Austriav.CrystalShipping2016
petitioner was already declared “not
fit
for
duty” and was advised to to work resumption or determines the degree of the
be confined and undergo MRI treatment. Similarly, when petitioner seafarer’spermanentdisability-eithertotalorpartial. Pre-existence of an illness does not
irrevocably bar
compensability
was brought to the Ulsan Hyundai Hospital, South Korea for his 2. The company-designated physician should, however, make because disability laws still grant the same provided seafarer's
frozen right shoulder, he was again
declared not fit
for
duty
and was the declaration or determination within 120 days, workingconditionsbearcausalconnectionwithhisillness.
advisedtobe“signedoff”forfurtherphysicaltherapy. otherwise, the
law
considers the seafarer’s disability as WON Austria was entitled to permanent disability benefits despite
From the findings and prognosis of the rest of petitioner’s doctors total and permanent and the latter shall be entitled to hispre-existingcondition.
who attended and
treated him,
petitioner already established that
he disabilitybenefits.
YES. For disability to be compensable under Section 20 (B) of the
is entitled to disability benefits. Indeed, the fact remains that 3. Should the seafarer still
require
medical treatment for more 2000POEA-SEC,twoelementsmustconcur:
petitioner injured his right shoulder while on board the vessel of than 120 days, the period granted to the company-designated
Elite; that he received treatment and was repatriated due to
the
said 1) theinjuryorillnessmustbework-related;and
physician to make the declaration of
the
fitness to
work
or
injury; and was declared unfit
for duty
several times by
the doctors determination of
the permanent disability may
be extended, 2) the work-related injury or illness must have existed
whoattendedandtreatedpetitionerabroadandinManila. butnottoexceed240days. duringthetermo ftheseafarer'semploymentcontract.
Clearly, the medical certificate issued by Dr. Campana cannot be given 4. At
anytime during this latter period, the company-designated The 2000 POEA-SEC defines "work-related injury" as "injury(ies)
much weight and consideration against the overwhelming findings physician may make the declaration or determination: either resulting in disability or death arising out of and in the course of
and diagnoses of different doctors, here and abroad, that petitioner the seafarer will no longer be entitled to any sickness employment" and "work-related illness" as "any
sickness resulting
was not fit for work and can no longer perform his duties as a allowance as he is already declared fit to work, or he shall be to disability or death as a result of an occupational disease listed
seafarer. entitled to receive disability benefits depending on the underSection32-A.
degreeofhispermanentdisability. For
an
occupational
disease and
the
resulting disability or death to
PhilmanMarineAgencyInc.etal.,v.Cabanban2013
5. In case of disagreement between the findings of the becompensable,allofthefollowingconditionsmustbesatisfied:
The
doctor
who
has
had
a personal
knowledge
of
the
actual medical company-designated physician and the
seafarer’s
appointed
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1. Theseafarer'sworkmustinvolvetherisksdescribedherein; diagnosed during
a pre-employment medical
examination and In
Leonis Navigation Co., Inc. v. Villamater, this Court held that under
not in a post-employment medical
examination as
provided
by Section 32-A of the POEA Standard Employment Contract, colon
2. The disease was contracted as a result of the seafarer's law. cancer is considered a work-related disease. This Court explained
exposuretothedescribedrisks; that the
seaman is
entitled to disability benefits if the seaman proves
It
is
crucial that Dizon present concrete proof showing that he indeed
3. The
disease
was
contracted within
a period of exposure and acquired or contracted the illness which resulted in his disability that the conditions inside the vessel increased or aggravated
undersuchotherfactorsnecessarytocontractit;and during the term of his employment contract. Other than his therisko ftheseamanofcoloncancer.
4. There was no notorious negligence on the part of the uncorroborated and self-serving allegation, Dizon failed to
seafarer. demonstrate that his illness developed under any of
the
conditions
set forth in the POEA-SEC for the said to be considered as a
E.SoloParents
As succinctly pointed above, petitioner's working environment as
chef constantly
exposed him
to
factors
that
could aggravate his heart compensableoccupationaldisease. SeealsoitsIRR.Somesalientpoints
condition.
Quizora v. Denholm Crew Management 2011 re
Pre-Employment 1. Comprehensive Package of Social Development and
Compensability of
an ailment does not
depend on whether the injury
MedicalExamination Welfare Services. — A comprehensive package of social
or disease was pre-existing at
the
time of
the employment but rather
if the disease or injury is work-related or aggravated his development and welfare services for solo parents and their
PEME is NOT exploratory in nature. It was not intended to be a
condition. It is not necessary, in order for an employee to recover totally in-depth and thorough examination of
an applicant’s medical families will be developed. The DSWD shall coordinate with
compensation, that he must
have been in
perfect condition
or health condition. The PEME merely
determines whether one is "fit to work" concerned agencies the implementation of
the comprehensive
atthetimehereceivedtheinjury,orthathebefreefromdisease. at
sea
or
"fit
for sea
service,"
it
does
not
state the real state of health package of social development and welfare services for solo
of an applicant. In short, the "fit to work" declaration in the parentsandtheirfamilies.Thepackagewillinitiallyinclude:
Dizonv.NaessShippingPhils2016 respondent’s PEME cannot be
a conclusive proof to show that he was
a. Livelihood development services, which include
freefromanyailmentpriortohisdeployment.
The three-day period from return of the seafarer or sign-off from training on livelihood skills, basic business
the vessel, whether to undergo a post-employment medical Doroteov.Philimare,Inc2017reClearNexusRule management, value orientation and the provision of
examination or report the seafarer's physical incapacity, should seedcapitalorjobplacement.
always be complied with to determine whether the injury or illness is Here, there is no clear nexus between
the
disease Doroteo
acquired
work-related. and
the working conditions he encountered. Therefore, the disputable b. Counseling services, which include individual, peer
presumption of work-relation cannot be
applied,
since
based on
the group or family counseling. These will focus on the
WONDizonisentitledtodisabilitybenefits.
evidence presented the Court cannot reasonably conclude that his resolutionofpersonalrelationshipandroleconflicts.
NO. Settled is the rule that the entitlement of seamen on overseas workasanengineerintheengineroomledtoDorotea'sthroatcancer.
work to disability benefits is a matter governed, not only by c. Parent effectiveness services which include the
medicalfindings,butbylawandbycontract. Leonciov.MSTMarineServices2017reMedicalProcedure provision and expansion of knowledge and skills of
The law specifically declares that failure to comply with the the solo parent on early childhood development,
Nothing can be plainer than the meaning of the word "illness" as
mandatory reporting requirement shall result in the seafarer's behavior management, health care and proper
referring to a disease or injury afflicting a person's body. By the
forfeitureofhisrighttoclaimbenefitsthereunder. doctrine of noscitor a sociis, "condition" likewise refers to the state of nutrition,rightsanddutiesofparentsandchildren;
Dizon did not submit himself to a post employment medical one's health. Neither of these words refers to a medical d. Critical incidence stress debriefing, which includes
examination within three days from
his arrival after
completing
his procedure undergone by
a seafarer in connection with an "illness or preventive stress management strategy designed to
last contract with the respondents. Dizon does not proffer an condition"alreadyknowntotheemployer.
assist
solo parents in coping with crisis situations and
explanationorreasonforhisfailuretocomply. Thus, the employer cannot
validly
decry
his
supposed concealment casesofabuse;
The burden is on the seafarer to prove that he suffered from a and fraudulent misrepresentation of Leoncio's illness
on account
of
work-related injury or illness during the term of his contract. It is thenon-disclosureofthestentingprocedure. e. Special projects for individuals in need of
protection
stressed that Dizon's repatriation was due to expiration of his which include temporary shelter, counseling, legal
employment contract and not because of medical reasons. His JebsensMaritimev.Alcibar2019reTheoryofAggravation assistance, medical care, self- concept or ego-building,
coronary artery disease which rendered him unfit for sea
duty
was crisismanagementandspiritualenrichment.
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2. Flexible Work
Schedule.
— The
employer shall
provide
for
a b) Yaya; in the recruitment and placement of Kasambahay for local
flexibleworkscheduleforsoloparents. employment.
c) Cook;
3. Work Discrimination. — No employer shall discriminate "Working children" refers to Kasambahay who are fifteen (15)
d) Gardener;
against any solo parent employee with respect to terms and yearsoldandabovebutbeloweighteen(18)yearsold.
e) Laundryperson;or
conditionsofemploymentonaccountofhis/herstatus. Employmentcontractandrenewal
4. Parental Leave. — In addition to leave privileges under f) Any
person
who
regularly
performs
domestic
work in one
Before the
commencement of
the
service, a written
employment
existing laws, parental leave of not more than seven (7) householdonanoccupationalbasis.
contract between the Kasambahay and the employer shall be
working days every year shall be granted to any solo parent Thefollowingaren
otcovered: accomplished in three (3) copies. The contract shall be in a
employee who has rendered service of at least one (1) year. The a) Serviceproviders; language or dialect understood by both the Kasambahay and the
seven-dayparentalleaveshallbenon-cumulative. employer,andshallincludethefollowing:
b) Familydrivers;
5. Educational Benefits. — The DepEd,
CHED and
TESDA
shall a) Duties and responsibilities of the Kasambahay, including
c) Childrenunderfosterfamilyarrangement;and
providethefollowingbenefitsandprivileges: the responsibility to render satisfactory service at all
a. Scholarship programs for qualified solo parents and d) Any other person who performs work occasionally or times;
their children in institutions of basic, tertiary and sporadicallyandnotonanoccupationalbasis.
b) Periodofemployment;
technical/skillseducation; "Domestic worker" or "Kasambahay" refers to any person
c) Compensation;
b. Non-formal education programs appropriate for solo engaged in domestic work within an employment relationship,
whether on a live-in or live-out arrangement, such as, but not d) Authorizeddeductions;
parentsandtheirchildren.
limited to, general househelp, "yaya", cook, gardener, or laundry e) Hoursofworkandproportionateadditionalpayment;
6. Housing Benefits. — Solo parents who meet the eligibility
person, but shall exclude service providers, family drivers, children
criteria for housing assistance under R.A. No.
7279
and
other f) Restdaysandallowableleaves;
who are under foster family arrangement, or any person who
related rules and
regulations
of
participating housing agencies performs domestic work only occasionally
or sporadically and not g) Board,lodgingandmedicalattention;
shall
be provided with liberal terms of payment on government onanoccupationalbasis. h) Agreementsondeploymentexpenses,ifany;
low-cost housing projects, in accordance with housing law
"Household" refers to
the
immediate members of the family or the i) Loanagreement,ifany;
provisions, prioritizing applicants below the poverty line as
declaredbytheNSCB. occupants of the house who are directly and regularly provided
j) Terminationofemployment;and
servicesbytheKasambahay.
7. Medical Assistance. — The DOH shall develop a k) Anyotherlawfulconditionagreeduponbybothparties.
"Live-out arrangement" refers to an arrangement whereby the
comprehensive health care
program
for
solo
parents
and
their
Kasambahay works within
the
employer's household
but
does
not If
the
Kasambahay is
below 18
years old, the employment contract
children.
residetherein shall be signed by his/her parent or lawful guardian on his/her
behalf. Upon the request of either party, the Punong Barangay or
F.Kasambahay “Deployment expenses" refers to
expenses that are
directly used
his/her designated officer
shall read and explain the contents of the
for
the
transfer
of
the
Kasambahay from
place of origin to the place
SeealsoitsIRR. contracttobothpartiesandshallserveasitswitness.
of
work covering
the
cost
of transportation, meals, communication
Coverage expense, and other incidental expenses. Advances or loans by the Renewal of Contract. — Should the parties mutually agree to
Kasambahay are not included in the definition of deployment continue their employment relationship upon expiration of the
Apply to all parties to an
employment
contract
for
the
services
of
expenses. contract,
they shall
execute
a new
contract to be registered with the
the following Kasambahay, whether on a live-in or live-out concerned barangay. However, if the parties fail to execute a new
arrangement,suchasbutnotlimitedto: "Private Employment Agency (PEA)" refers to any individual,
contract,
the
terms and conditions of the original contract and other
partnership, corporation or entity licensed
by
the
DOLE
to
engage
a) Generalhousehelp;
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improvements granted during the effectivity of said contract are production or profit-sharing, labor administration, and the a. Agriculturallandsdevotedtoagriculturalactivity;and
deemedrenewed. distribution of shares of stocks, which
will
allow
beneficiaries
to
b. Which are
outside
the
retention right of the owner and
Atienzav.Saluta2019 receiveajustshareofthefruitsofthelandstheywork.
hischildren.
WONtheLaborCodegovernstherightsoffamilydrivers. Scope
Right of Retention. — in no case shall retention by the
NO.TheCivilCodeshallgoverntherightsoffamilydrivers. Shall cover, regardless of tenurial arrangement and commodity landowner exceed five (5) Has. Three (3) Has may be awarded
Section 44 of Republic Act No. 10361 or "Batas Kasambahay", produced, all public
and
private agricultural
lands,
including
other to each child of the landowner, subject to the following
expressly repealed Chapter III
(Employment of
Househelpers) of
the landsofthepublicdomainsuitableforagriculture: qualifications:
LaborCode,whichincludesArticles141and149. Provided,
That landholdings of
landowners with
a total area of five a. thatheisatleastfifteen(15)yearsofage;and
The
Kasambahay Law,
on
the other
hand, made no mention of family (5)
hectares and below
shall
not be covered for acquisition and
drivers
in
the
enumeration of
those
workers who
are
covered by the b. that
he
is
actually
tilling the land or directly managing
distributiontoqualifiedbeneficiaries.
law.ThisisunlikeArticle141oftheLaborCode. thefarm.
Morespecifically,thefollowinglandsarecoveredbytheCARP:
It
is
a settled
rule of
statutory construction that
the express mention Right
to
Choose. — The right to choose the area to be retained,
of one person, thing, or consequence implies the exclusion of all a. All alienable and disposable lands of the public which shall be compact or contiguous, shall pertain to the
others — this
is
expressed in the familiar maxim, expressio unius est domaindevotedtoorsuitableforagriculture; landowner.
exclusioalterius.
b. All lands of the public domain in excess of the specific In case the area selected for retention by the landowner is
Due to
the
express repeal of the
Labor Code provisions pertaining to
limits; tenanted, the tenant shall have the option to choose whether to
househelpers, which includes family drivers, by the Kasambahay
Law; and the non-applicability of the Kasambahay Law to family c. All other lands owned by the Government devoted to or remain therein or be a beneficiary in the same or another
drivers, there is a need to revert back to the Civil
Code provisions, suitableforagriculture;and agriculturallandwithsimilarorcomparablefeatures.
particularly Articles 1689, 1697 and
1699, Section 1, Chapter 3, Title a. In case the tenant chooses to remain in the retained
d. All private lands devoted to or suitable for agriculture
VIII,BookIVthereof.
regardless of
the agricultural products raised or that can be area, he shall be considered a leaseholder and shall
Given that there is neither dismissal nor
abandonment in
this
case, losehisrighttobeabeneficiaryunderthisAct.
raisedthereon.
none of the party is
entitled to
claim
any
indemnity
from the
other.
Verily,
in a case where the employee's failure to work was occasioned In Luz Farms v. Secretary of the DAR, the Court declared b. In case the tenant chooses to be a beneficiary in
neither by his abandonment nor by a termination, the burden of unconstitutional the CARL provisions that included lands devoted another agricultural land, he loses his right as a
economic loss is not rightfully shifted to the employer; each party to livestock under the
coverage of
the
CARP.
The
transcripts of
the leaseholdertothelandretainedbythelandowner.
must
bear his
own loss. Otherwise stated, the respondent's act of not deliberations of the Constitutional Commission of 1986 on the The
tenant must exercise this
option
within
a period of one (1)
reporting to work after a verbal miscommunication cannot justify the
meaning of the word "agricultural" showed that it was never the year from the time the landowner manifests his choice of
the
paymentofanyformofremuneration.
intention of
the
framers of the Constitution to include the livestock areaforretention.
and poultry industry in the coverage of the constitutionally
G.AgrarianRelations 2. RulesofAcquisition.—
mandatedagrarianreformprogramofthegovernment.
a. Notice of Coverage. — Is necessary to give the
1.Conceptofagrarianreform Thus, lands devoted to the raising of livestock, poultry and
landowner the
opportunity to contest the
inclusion of
swine have been classified as industrial, not agricultural, and
Agrarian Reform means redistribution of lands, regardless of his land either because it is not agricultural, or it is
thusexemptfromagrarianreform.
crops or
fruits produced, to
farmers
and regular farmworkers who withinhisrightofretention.
are landless, irrespective of tenurial arrangement, to include the Mechanism b. Notice to Acquire. — The
following
procedure
shall
totality of factors and support services designed to lift the 1. Rules of Identification. — Only covered lands can be befollowed:
economic status of the beneficiaries and all other arrangements acquired.Coveredlandsare:
alternative to the physical redistribution of lands, such as
BasedontheLecturesofA
tty.Marquez❤
B
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1) After having identified the landowners and f. itsnature, j. othersdirectlyworkingontheland.
beneficiaries, the DAR shall
send its notice to g. actualuseandincome, The children of landowners who are qualified shall be given
acquire the land to the owners thereof, and preference in the distribution of the
land
of
their
parents, and
h. theswornvaluationbytheowner,
post the same in a conspicuous place in a that
actual tenant-tillers in the landholdings shall not be ejected
municipal or
barangay hall of the place where i. thetaxdeclarations,
orremovedtherefrom.
the
property is
located. Said
notice shall
also j. theassessmentmadebygovernmentassessors,and Distribution Limit. — No qualified beneficiary may own more
contain the offer of DAR to pay a
k. seventy percent (70%) of the zonal valuation of the thanthree(3)Haso
fagriculturalland.
correspondingvalue.
BureauofInternalRevenue(BIR), Collective Ownership. — The beneficiaries may opt for
2) Acceptance or
Rejection. — Within
30 days
translated
into
a basic
formula by the DAR shall be considered, collective ownership, such as co-workers or farmers
from receipt,
the
land
owner
informs DAR of
hisdecision. subjecttothefinaldecisionofthepropercourt. cooperative or
some other
form
of
collective
organization
and
The social and economic benefits contributed by the farmers fortheissuanceofcollectiveownershiptitles.
3) Accepts. — Land Bank shall pay the purchase
and
the farmworkers and
by the Government to the property as The total area that may be awarded shall not
exceed
the
total
price
of
the
land
within 30 days after the land
owner executes and delivers a deed of transfer well as the nonpayment of taxes or loans secured from any number of co-owners or members of the cooperative or
andsurrenderstheCertificateofTitle. government financing institution on the said land shall be collectiveorganizationmultipliedbytheawardlimit.
consideredasa dditionalfactorst odetermineitsvaluation. The conditions for the issuance of collective titles are as
4) Rejects or Fails to Reply. — DAR shall
conduct summary administrative 3. Rules of Distribution. — A beneficiary shall have these follows:
proceedings to determine the compensation basicqualities k. The current farm management system of the land
fortheland. a. Willingness; covered by CARP will not be appropriate for individual
5) Payment/ Deposit and Possession of Land. farmingoffarmparcels;
b. Aptitude;and
— Upon receipt by the landowner of payment l. The farm labor system is specialized, where the
c. Ability
to
cultivate
and make the land as productive as
or, in case of rejection or no response, upon farmworkers are organized by functions and not by
possible.
the deposit with an accessible bank by DAR specific parcels such as spraying, weeding, packing
of
the compensation in
cash
or in LBP bonds, Qualified Beneficiaries. — The lands covered by the CARP andothersimilarfunctions;
DAR shall take immediate possession of the shall be distributed as much as possible to landless residents
m. The potential beneficiaries are currently not farming
land and shall request for the issuance of a of the same barangay, or in the absence thereof, landless
individual parcels hut collectively work on large
TCTinthenameoftheRepublic. residents of the same municipality in the following order of
contiguousareas;and
priority:
6) Just compensation. — Any party who n. The farm consists of multiple crops being farmed in
disagrees may bring the
matter
to court
the d. agriculturallesseesandsharetenants;
an
integrated manner or includes non-crop production
of proper jurisdiction for the final e. regularfarmworkers; areas that are necessary for the viability of farm
determinationofJC. f. seasonalfarmworkers; operations, such as packing plants, storage areas,
Factors.—Indeterminingjustcompensation, dikes, and other similar facilities that cannot be
g. otherfarmworkers;
subdividedorassignedtoindividualfarmers.
c. thecostofacquisitionoftheland, h. actualtillersoroccupantsofpubliclands;
d. thevalueofthestandingcrop, i. collectives
or
cooperatives
of
the
above
beneficiaries;
e. thecurrentvalueoflikeproperties, and
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 99of122
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TransferabilityofAwardedLands c. compensationo
flandsacquiredunderthisActand An agrarian dispute refers to any controversy relating to tenurial
d. other terms and conditions of transfer of ownership arrangements — whether leasehold, tenancy, stewardship or
1. Lands acquired by beneficiaries under this Act or other
otherwise—overlandsdevotedtoagriculture,including
agrarian reform
laws
shall
not be sold, transferred or conveyed from landowners to farmworkers, tenants and other
agrarian reform beneficiaries, whether the disputants 1) disputesconcerningfarmworkers'associations;or
except
stand in the proximate relation of farm operator and 2) representation of
persons in negotiating, fixing, maintaining,
a. throughhereditarysuccession,or changing or seeking to
arrange terms
or
conditions of
such
beneficiary, landowner and tenant, or lessor and
b. tothegovernment,or lessee. tenurialarrangement.
c. totheLBP,or Here,anagrariandisputeexistedbetweentheparties.
2. Certification of the BARC. — The DAR shall not take
cognizance of any agrarian dispute or controversy unless a 1. First,
the
subject
of the dispute between them was the taking
d. tootherqualifiedbeneficiariesthroughtheDAR
ofcoconutsfromthepropertyownedbypetitioner.
certification from the BARC that the dispute has been submitted
foraperiodoft en(10)years. 2. Second, private respondents were the overseers of the
to it for mediation and conciliation without any success of
The children
or
the
spouse of
the
transferor
shall have
a right property
at
the
time
of
the
taking
of
the
coconuts,
as
can be
settlementispresented.
gleaned from the Kasabutan (or Agreement) executed
to repurchase the land
from the
government or
LBP within a
3. Certiorari. — Any
decision,
order, award or
ruling
of the DAR betweenthem.
periodoftwo(2)years.
on any agrarian dispute or on any matter pertaining to the 3. Finally, a tenurial arrangement exists among herein parties
2. If the land has not yet been fully paid by the
beneficiary, the application, implementation, enforcement, or
interpretation of as regards the harvesting of the agricultural products, as
rights to the land may be transferred or conveyed, with
prior this Act and other pertinent laws on agrarian reform may be shown by the several remittances made by private
approval of the DAR, to any heir of the beneficiary or to any brought to the Court of Appeals by certiorari except as respondents to petitioner. These are substantiated by
other beneficiary who, as a condition for such transfer or otherwise provided in this Act within fifteen (15)
days from receipts.
conveyance,s hallcultivatethelandhimself/herself. thereceiptofacopythereof.
SpsFajardov.Flores2010
Failing compliance herewith, the land shall be transferred to The
findings
of
fact
of
the
DAR
shall
be
final
and
conclusive if
the LBP which shall give due notice of the availability of
the WhetheritisMTCortheDARABwhichhasjurisdictionoverthecase.
basedonsubstantialevidence.
land. DARAB. The controversy involves an agricultural land, which
4. No
Restraining Order or Preliminary Injunction. — Except petitioners have continuously and personally cultivated since the
In the event of such transfer to the LBP, the latter shall for
the
Supreme Court, no court shall have jurisdiction to issue 1960s. In the
Kasunduan, it
was
admitted that
Jesus Fajardo was
the
compensate the beneficiary in one lump sum for
the
amounts any restraining order or writ
of preliminary injunction against tiller of the land. Being agricultural lessees, petitioners have a right to
the latter has already paid, together with the value of the
PARC, the
DAR, or
any of
its duly authorized or designated a home lot and a right to exclusive possession thereof by virtue of
improvementshe/shehasmadeontheland. agencies in any case, dispute or controversy arising from, Section 24, R.A. No. 3844. Logically, therefore, the
case involves an
necessary to, or in connection with the application, agrarian dispute, which falls
within
the
contemplation of
R.A.
No.
AgrarianDispute 6657.
implementation, enforcement, or interpretation of
this Act
and
1. Referstoanycontroversyrelatingtoandincluding otherpertinentlawsonagrarianreform. The instant case involves a controversy regarding tenurial
arrangements. The contention that the
Kasunduans, which allegedly
a. tenurial arrangements, whether leasehold,
tenancy, 5. Special Jurisdiction. — The Special Agrarian Courts shall terminated the tenancy relationship between the parties and,
stewardship or otherwise, over lands devoted to haveo
riginalandexclusivejurisdiction therefore, removed the case from the ambit of R.A. No. 6657, is
agriculture, untenable. There still exists an agrarian dispute because the
a. over all petitions for the determination of just
b. disputes concerning farmworkers' associations or controversy involves the h ome lot of petitioners, an incident
compensationtolandowners,and
representation of persons in negotiating, fixing, arisingfromthelandlord-tenantrelationship.
b. theprosecutionofallcriminaloffensesunderthisAct.
maintaining, changing, or
seeking
to
arrange
terms
or InTeresitaS.Davidv.AgustinRivera,thisCourtheldthat:
conditionsofsuchtenurialarrangements. Monsantov.SpsZerna
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 100of122
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Agricultural Land refers to land devoted to agricultural non-agricultural lands
prior
to
the
passage
of RA 6657 is not subject
The existence of prior agricultural tenancy relationship, if
true,
will divest
the MCTC of
its jurisdiction; the previous juridical tie activity as defined in this Act and not classified as mineral, totheapprovaloftheDAR.
compels the characterization of the controversy as
an "agrarian forest,residential,commercialorindustrialland. City Ordinance No.
1313,
which was
enacted by
the
City
of
Iligan
in
dispute." Even if the
tenurial arrangement has been severed, the Agriculture, Agricultural Enterprise or Agricultural 1975, reclassified
the
subject property into a commercial/residential
action still involves an incident arising from the landlord and area.TherewasstillnoHLURBtospeakofduringthattime.
Activity means the cultivation of the soil, planting of
tenant relationship. Where the case involves the dispossession As this
Court
held in
Buklod ng Magbubukid sa Lupaing Ramos, Inc.
crops, growing of fruit trees, including the harvesting of
by a former landlord of a former tenant of the land claimed to v. E.M. Ramos and Sons, Inc., "To be exempt from CARP, all that is
have been given as compensation in consideration of the such
farm products, and other farm activities and practices
needed is one valid reclassification of the land from
agricultural to
renunciation of the tenurial rights, there clearly exists an agrarian performed by a farmer in conjunction with such farming
non-agricultural by
a duly authorized government agency before June
dispute. operationsdonebypersonswhethernaturalorjuridical. 15,1988,whentheCARLtookeffect."
This jurisdiction does not require the continuance of the relationship 3) Therelationshipisestablishedbyc onsent;
of landlord and tenant—at the time of the dispute. The same may GonzaloPuyat&Sonsv.Alcalde2016Resolution
4) Itspurposeisagriculturalproduction;
have arisen, and oftentimes arises, precisely from the previous
Indeed, the subject landholding had been reclassified under
termination of
such relationship. If
the
same existed immediately, or 5) Theservicerenderedisp
ersonalcultivation;AND
Kapasiyahan Big. 03-(89) dated January 7,
1989 of
the
Municipality
shortly, before the controversy and the subject-matter thereof is
6) Thecompensationisashareintheharvestormoney. of Biñ an, Laguna. It is wmih noting, however, that said
whether or not said relationship has been
lawfully terminated, or
if
reclassification has not been approved by the HLURB based on its
the dispute springs or originates from the relationship of landlord Advincula-Velasquezv.CA
Certification.
andtenant,thelitigationis(then)cognizablebytheDARAB.
Since the property was already reclassified as residential by the The tax declaration presented by petitioner indicating that subject
Here, petitioners' claim that the tenancy relationship has been
Metro Manila Commission and the
HSRC before the
effectivity
of
RA landholdings is
a proposed
industrial
area
is
not
sufficient
in
law to
terminated by the
Kasulatan is of
no
moment. As
long as
the subject
No.
6657, there
was
no
need for the private respondent to secure any effect the reclassification. Neither was there any showing that said
matter of the dispute is the legality of the termination of the
postfactoapprovalthereoffromtheDAR. reclassification has been authorized by the DAR as required under
relationship, or if the dispute originates from such relationship, the
Section65ofCARL.
case is
cognizable by
the
DAR, through the DARAB. The severance of AlangilanRealtyandDevelopmentv.OfficeofthePresident2010
the tenurial arrangement will not render the action beyond the ambit Evidently
a "proposal" is quite different from "reclassification." Thus,
ofanagrariandispute. It is beyond cavil that the Alangilan landholding was classified as petitioner cannot also rely on said tax declaration to bolster its
agricultural, reserved for
residential
in 1982,
and was reclassified as contention that
the
subject landholding has
already been reclassified
2.E
xistenceandconceptofagriculturaltenancy residential-1 in
1994. However, contrary to petitioner's assertion, the from"agricultural"to"industrial."
term reserved for residential does not change the nature of the land
Agricultural
tenancy is the physical possession by a person of fromagriculturaltonon-agricultural. Republicv.SalvadorN.LopezAgri-businessCorp2011re
land devoted to agriculture belonging to, or legally possessed by, AgriculturalLand
The term reserved for residential simply reflects the intended land
another for the purpose of production through the labor of the use. It
does not denote that the property has already been reclassified As to the Lopez lands, the MARO in its
ocular inspection found on
former and of the members of his immediate farm household, in as residential, because the phrase reserved for residential is not a the Lopez lands several heads of cattle, carabaos, horses, goats and
consideration of
which the
former agrees to
share
the
harvest with landclassificationcategory. pigs, some of which were covered by several certificates of
the latter, or to pay a price certain or ascertainable, either in Indubitably, at the time of the effectivity of the CARL in 1988, the ownership. There were likewise structures on
the
Lopez lands used
produceorinmoney,orinboth.(S ec3,R A1199) subjectlandholdingwasstillagricultural. for
its
livestock business, structures consisting of
two
chutes where
the livestock were kept
during
nighttime. The existence of the
cattle
ElementsofAgriculturalTenancyRelationship
HeirsofDelestev.LBP2011 prior to the enactment of the CARL was positively affirmed by the
1) The relationship is between a lessor and a lessee — farm workers and
the
overseer who were interviewed by the MARO.
It
is
undeniable
that the local government has the power to reclassify The Court finds that the Lopez lands were in fact actually, directly and
landownerandtenant;
agricultural into non-agricultural lands. The power of the local exclusivelybeingusedasindustriallandsforlivestock-raising.
2) Thesubjectoftherelationshipisa
griculturalland; government to convert or reclassify lands from agricultural to
Furthermore, the presence of
coconut trees,
although an indicia
that
the lands may be agricultural, must be
placed within
the context
of
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 101of122
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how they figure
in
the
actual,
direct and exclusive use of
the
subject that
there
was
sharing
of
the
harvest
between
the
landowner and the on the record of said case which is signed by respondent and was
lands. The DAR failed to demonstrate that the Lopez lands were tenant.Self-servingstatementsarenotsufficient. even attached as
Annex "D" of
her DARAB petition. Consequently, we
actually and primarily agricultural lands planted with coconut trees. Neither can we agree with the DARAB's theory of implied tenancy are thus unable to agree with DARAB's ruling that the affidavits of
Indeed, the DAR did not adduce any proof to
show that the
coconut because the landowner never acquiesced
to
Vicente's cultivating
the witnesses that petitioner pays 15 cavans of palay or
the
equivalent
trees on the Lopez lands were used for agricultural business, as land.
Besides, for
implied tenancy to arise it is necessary that all thereof in
pesos as
rent are
not concrete
proof to rebut the allegation
requiredbytheCourtinD ARv.Uy. theessentialrequisitesoftenancymustbepresent. of nonpayment of rentals. Indeed, respondent's admission confirms
In contrast, the Limot lands were found to be agricultural lands theirstatementthatrentalsareinfactbeingpaid.
devoted to coconut trees and rubber and are thus not subject to EstateofSamsonv.Susano2011 Respondent's act of allowing the
petitioner
to cultivate her
land
and
exemption from CARP coverage. The Limot lands were actually, receiving rentals therefor indubitably show her consent to an
Was Macario a de
jure
tenant
in
the
subject
landholding
entitled
to
directly and exclusively used for agricultural activities, a fact that unwritten tenancy agreement. An agricultural leasehold relation is
securityoftenure?
necessarilymakesthemsubjecttotheCARP. not
determined by
the explicit
provisions of a written contract alone.
NO. While the RARAD, DARAB and the CA are unanimous in their Section 5 of R.A. No. 3844, otherwise known as the Agricultural
Monsantov.SpsZerna conclusion that an implied tenancy relationship existed between Land Reform Code, recognizes that an agricultural leasehold
Pastor Samson and Macario Susano, no specific evidence was cited to relationmayexistuponanoralagreement.
A tenancy relationship may be established either verbally or in support such conclusion other than their observation that Pastor
writing,expresslyorimpliedly. failed to protest Macario's possession and cultivation over the The next
issue
is
whether
there
is
a valid
ground
to
eject
petitioner
Here, undisputed by petitioner is the existence of the Kasabutan, subject land
for
more
than
30
years.
Contrary to
what
is
required by fromtheland.
which contradicts her
contention that private respondents were mere law, however, no independent and concrete evidence were adduced by NO. Respondent, as
landowner/agricultural lessor, has the burden to
overseers. In any event, their "being overseers does not foreclose respondents to prove that there was indeed consent and sharing of prove the existence of
a lawful
cause for
the ejectment of
petitioner,
their being also tenants," as held in Rupa v. CA. Evidently, the harvestsbetweenPastorandMacario. the tenant/agricultural lessee. This rule proceeds from the principle
resolution of the agrarian dispute between the parties is a matter It has been repeatedly held that occupancy and cultivation of an that a tenancy
relationship, once established, entitles
the tenant
to
a
beyondthelegalcompetenceofregularcourts. agricultural land will not ipso facto make one a de jure tenant. security of tenure. The tenant can only be ejected from the
Independent and concrete evidence is necessary to prove personal agriculturallandholdingongroundsprovidedbylaw.
Adrianov.Tanco2010
cultivation,sharingofharvest,orconsentofthelandowner. 1. The landholding is declared by the department head upon
Tenancy relationship is a juridical tie which arises between a The affidavits executed by three of respondents' neighbors are recommendation of
the National Planning Commission to be
landowner and a tenant once they agree, expressly or impliedly, to insufficient to establish a finding of tenancy relationship between suited for
residential, commercial, industrial
or
some
other
undertake jointly the cultivation of a land belonging to the landowner, Pastor and Macario. As correctly observed by the estate of Pastor urbanpurposes;(a mendedbyRA6389)
as a result of which relationship the tenant acquires the right to Samson, the affiants did
not provide
details
based on
their
personal 2. The agricultural lessee failed to substantially comply with
continueworkingonandcultivatingtheland. knowledge as to how the
crop-sharing agreement was implemented, any
of
the
terms
and conditions of the contract or any of the
Here,theessentialrequisitesofconsentandsharingarelacking. how much was given by Macario to Pastor, when and where the provisions of this Code unless his failure is caused by
payments were made, or whether they have at any instance witnessed fortuitouseventorforcemajeure;
The essential element of consent is sorely missing because there is
Pastor receive his share of
the
harvest
from
Macario. Such
failure
is 3. The agricultural lessee planted crops or u sed the
no proof that the landowners recognized Vicente, or
that
they hired fataltorespondents'claim.
him, as their legitimate tenant. And, although Vicente claims that he landholding for a purpose other than what had been
is a tenant of respondents' agricultural lot in Norzagaray, Bulacan, previouslyagreedupon;
Galopev.Bugarin2012
and that he has continuously cultivated and openly occupied it,
no 4. Theagriculturallesseefailedtoadoptprovenfarmpractices;
evidence was presented to establish the presence of consent other The CA and DARAB ruling that there is no sharing of harvest is 5. The land or other substantial permanent improvement
than his self-serving statements. These cannot suffice because based on the absence of receipts to show petitioner's payment of thereon is substantially damaged or destroyed or has
independent and concrete evidence
is needed to prove consent of the rentals.
We are
constrained to
reverse them on this point. The matter unreasonably deteriorated through
the
fault
or
negligence of
landowner. of
rental receipts is
not an
issue given
respondent's admission that theagriculturallessee;
she receives rentals from petitioner. To recall, respondent's
the essential requisite of sharing of harvests is lacking.
Likewise, 6. The agricultural
lessee
does
not
pay
the lease rental when it
complaint in Barangay Case No. 99-6 was that the rental or the
Independent evidence, such as receipts, must be presented
to
show fallsdue:
amount she receives from petitioner is not much. This fact is evident
BasedontheLecturesofA
tty.Marquez❤
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Provided, That if
the
non-payment of
the rental
shall be due 3.Rightsofagriculturaltenants 4.Conceptoffarmworkers
to
crop
failure
to
the extent of 75% as a result of a fortuitous 1) The tenant shall be free to work elsewhere whenever the 1) Farmworker is a natural person who renders service for
event, the non-payment shall not be a ground for
nature of his farm obligation warrants his
temporary
absence value as
an
employee or laborer in an agricultural enterprise or
dispossession, although the
obligation to pay
the rental due
fromhisholdings. farm
regardless of whether his compensation is paid on a daily,
thatparticularcropisnottherebyextinguished;or
2) The tenant shall, aside from his labor, have the right to weekly, monthly or "pakyaw" basis. The term includes an
7. Thelesseeemployedasub-lesseeonhislandholding
provide any of
the contributions for production whenever individual whose work has ceased as a consequence
of,
or
in
Noneofthesegroundswereprovenbytherespondent.
he
can
do
so
adequately and
on
time subject to
the
provisions connection with, a pending agrarian dispute and who has
not
We have
held that
the
employment of
farm laborers to perform some obtained substantially equivalent and regular farm
ofsectionfourteenofthisAct.
aspects of work does not preclude the existence of an agricultural employment.
leasehold relationship, provided that an agricultural lessee does not 3) The tenant shall have the right to demand for a home lot
leave the entire process of cultivation in
the
hands of
hired helpers. suitablefordwelling 2) Regular Farmworker is
a natural person who is employed on
Indeed, while the law explicitly requires the agricultural lessee and apermanentbasisbyanagriculturalenterpriseorfarm.
a) with an
area
of
not
more
than
3 percent
of
the
area
of
his immediate family to work on the land, we have nevertheless
hislandholding 3) Seasonal Farmworker is a natural person who is employed
declared that the hiring of farm laborers by the tenant on a temporary,
occasional, or emergency basis does not negate
the
existence of
the on
a recurrent, periodic
or intermittent basis by an agricultural
b) provided that it
does
not
exceed
one
thousand
square
element of "p ersonal cultivation" essential in a tenancy or enterprise or farm, whether as a permanent or a non-permanent
metersand
agricultural leasehold relationship. There is no showing that laborer,suchas"dumaan","sacada",andthelike.
petitioner has left the entire process of cultivating the land to c) that it shall be located at a convenient and suitable
Allingag. place within the land of the landholder to be H.UniversalHealthCare
designatedbythelatter
ExtinguishmentofAgriculturalLeaseholdRelation d) where the
tenant
shall
construct his dwelling and may 1.Policy
The
agricultural
leasehold
relation
established
under RA 3844 shall be raise vegetables, poultry, pigs and other animals and It
is the
policy
of
the
State
to
protect
and
promote
the
right
to health of
extinguishedby: engage in minor industries, the products of which all Filipinos and instill health consciousness among them. Towards this
1) Abandonment of
the
landholding
without
the
knowledge of the shallaccruetothetenantexclusively. end,theStateshalladopt:
agriculturallessor; If the tenant is dismissed without just cause and he is a. An integrated and comprehensive approach to ensure that all
2) Voluntary surrender of the landholding by the agricultural constrainedtoworkelsewhere,hemaychooseeitherto Filipinos are health literate, provided with healthy living
lessee,
written
notice
of
which shall be served three months in a) removehisdwellingatthelandholder'scostor conditions, and protected from hazards and risks that could
advance;or affecttheirhealth;
b) demand the value of
the
same
from
the
landholder
at
3) Absence of
the
persons
to
succeed
to the lessee, in the event of b. A health care model that provides all Filipinos access to a
thetimeoftheunjustdismissal.
deathorpermanentincapacityofthelessee. comprehensive set of quality and cost-effective, promotive,
4) The tenant shall have the right to be indemnified for his
preventive, curative, rehabilitative and palliative health
a) thesurvivingspouse; labor and expenses in
the
cultivation, planting, or harvesting services without causing financial hardship, and prioritizes the
b) theeldestdirectdescendantbyconsanguinity;or and
other incidental expenses for
the
improvement of
the crop needsofthepopulationwhocannotaffordsuchservices;
raised in
case he is dispossessed of his holdings, whether such
c) the next
eldest
descendant
or descendants in the order c. A framework that fosters a whole-of-system,
dismissal is for a just cause and not, provided the crop still
oftheirage. existsatthetimeofthedispossession. whole-of-government, and whole-of-society approach in the
development, implementation, monitoring, and evaluation of
healthpolicies,programsandplans;and
BasedontheLecturesofA
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d. A people-oriented approach
for
the
delivery
of
health
services provided free of charge at point of service for all Provided, furthermore, That copayments and coinsurance for
that is centered on people's needs and well-being, and Filipinos. amenities in public hospitals shall be regulated by the DOH
cognizantofthedifferencesinculture,values,andbeliefs. The National Government shall support LGUs in the andPhilHealth:
financing of capital investments and provision of Provided, finally, That the current PhilHealth package for
2.Coverage
population-basedinterventions. membersshallnotbereduced.
1) Population Coverage. — Every Filipino citizen shall be
b) Individual-based health services shall be financed PhilHealth
shall
provide
additional Program
benefits
for direct
automaticallyincludedintotheNHIP.
primarily through prepayment mechanisms such as contributors,whereapplicable:
2) ServiceCoverage.—
social health insurance, private health
insurance,
and
Provided, That failure to pay premiums shall not prevent the
a) Every Filipino shall be granted immediate eligibility HMO plans to ensure predictability of health
expenditures. enjoymentofanyProgrambenefits:
and access to preventive, promotive, curative,
rehabilitative, and palliative care for medical, dental, Provided, further, That employers and self-employed direct
3.NationalHealthInsuranceProgram
mental and emergency health services, delivered contributors shall
be
required
to
pay
all
missed
contributions
1) Program Membership. — Membership into the Program shall withaninterest,compoundedmonthly,of
either as population-based or
individual-based health
services; besimplifiedintotwo(2)types:
a) atleastthreepercent(3%)f oremployersand
b) Within two (2) years from the effectivity
of
this
Act, a) Directcontributorsrefertothose
b) not exceeding one and one-half percent (1.5%) for
PhilHealth shall implement a comprehensive i) whohavethecapacitytopaypremiums, self-earning, professional practitioners, and migrant
outpatient benefit, including outpatient drug benefit ii) aregainfullyemployedand workers.
andemergencymedicalservices;
iii) are bound by an employer-employee
c) The DOH and the LGUs shall endeavor to provide a
relationship,or VIII.JURISDICTIONANDREMEDIES
health care delivery system that will afford every
iv) are self-earning, professional practitioners,
Filipino a primary care
provider that
would act as the
migrant workers, including their qualified A.LaborArbiter
navigator, coordinator, and initial and continuing point
ofcontactinthehealthcaredeliverysystem: dependents,andlifetimemembers
1.JurisdictionoftheLaborArbiterasdistinguishedfromthe
Provided, That except in emergency or serious cases b) Indirect contributors refer to all others not included
RegionalDirector
and when proximity is a concern, access to higher as direct contributors, as well as their qualified
dependents, whose premium shall be subsidized by 2.RequirementstoperfectappealtoNLRC
levels of
care
shall be coordinated by the primary care
provider;and the national government including those who are
3.Reinstatementand/orexecutionpendingappeal
subsidizedasaresultofspeciallaws.
d) Every Filipino shall register with a public or private
2) Entitlement to Benefits. — Every member shall be granted B.NationalLaborRelationsCommission
primary care provider of choice. The DOH shall
promulgate the
guidelines on
the
licensing of primary immediate eligibility for health benefit package under the C.CourtofAppeals
care
providers and
the registration of every Filipino to Program:
D.SupremeCourt
aprimarycareprovider. Provided, That PhilHealth Identification Card shall not be
3) FinancialCoverage.—
requiredintheavailmentofanyhealthservice: E.BureauofLaborRelations
a) Population-based health
services
shall
be
financed
by Provided, further, That no co-payment shall be charged for F.NationalConciliationandMediationBoard
the National Government through the DOH and servicesrenderedinbasicorwardaccommodation:
1.Jurisdiction
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2.Conciliationasdistinguishedfrommediation Labor Arbiters shall have
ORIGINAL AND EXCLUSIVE jurisdiction c. Moneyclaims>
P5K;
3.Preventivemediation to hear and decide, within thirty (30) calendar days after the d. ClaimsfordamagesarisingfromER-EErelations;and
submission of the
case
by the parties for decision without extension,
e. Legalityofstrikesandlockouts.
G.DepartmentofLaborandEmploymentRegionalDirectors even in the absence of stenographic notes, the following cases
involvingallworkers,whetheragriculturalornon-agricultural: 2. UnderArt124ofLC,asamendedbyRA6727
1.Jurisdiction
Disputes involving legislated wage increases and wage
1. Unfairlaborpracticecases;
2.Recoveryandadjudicatorypower distortion in unorganized establishments not voluntarily
2. Terminationdisputes; settled.
H.DepartmentofLaborandEmploymentSecretary
3. If accompanied with a claim for reinstatement, those 3. UnderArt128(b)ofLC,asamendedbyRA7730
1.Jurisdiction cases that workers may file involving wages, rates of pay,
Where the ER contests the findings of the labor employment
hours of work and other terms and conditions of
2.Visitorialandenforcementpowers and enforcement officer and raises issues supported by
employment;
3.Powertosuspendeffectsoftermination documentary proofs which were not
considered in the
course
4. Claims for actual, moral, exemplary and other forms of ofinspection.
4.Remedies damagesarisingfromtheemployer-employeerelations;
4. UnderArt233[227]ofLC
5. Cases
arising
from
any violation
of
Article
264 of this Code,
I.VoluntaryArbitrator Enforcement of compromise agreements when there is
including questions involving the legality of strikes and
1.Jurisdiction non-compliancebyanyofthepartiesthereto.
lockouts;and
5. UnderArt276[262-A]ofLC
2.Remedies 6. Except
claims for
Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims arising Issuance of writ of execution to enforce decisions of VA or
J.Prescriptionofactions from employer-employee relations, including those of panelofVAs,incaseoftheirabsenceorincapacity.
1.Moneyclaims persons in domestic or household service, involving an 6. UnderSec10ofRA8042
amount exceeding five thousand pesos (P5,000.00)
2.Illegaldismissal Money claims of OFWs arising out of ER-EE relationship by
regardless of whether accompanied with a claim for
virtue of any law or contract, including claims of death and
reinstatement.
3.Unfairlaborpractice disabilitybenefitsandfordamages.
xxxx 7. Othercasesasmaybeprovidedbylaw.
4.OffensesundertheLaborCode
(c) C
ases arising from the interpretation or implementation of
5.Illegalrecruitment ReasonableCausalConnectionRule
collective bargaining agreements and those arising from
the
interpretation or enforcement of company personnel policies A money claim by an EE against the ER or vice-versa is within the
exclusive
JD of
the
LA
only if there is a reasonable causal connection
A.LaborArbiter shall be disposed of by the Labor Arbiter by referring the
same to
the
grievance machinery and voluntary arbitration betweentheclaimassertedandtheemployeerelations.
1.JurisdictionoftheLaborArbiterasdistinguishedfrom asmaybeprovidedinsaidagreements. Absent such
a link, the case is cognizable by the regular courts. An ER
theRegionalDirector claiming damages due to
lack of
3-day
resignation notice
is
within
the
JurisdictionoftheLAundertheLCandotherlaws JDofregularcourts.
OriginalandExclusive
1. UnderArt224[217]ofLC
1. If the court had no JD but the case was tried on the theory that it
ARTICLE 224. Jurisdiction of the Labor Arbiters and the a. Unfairlaborpracticecases; had JD,
the
parties are
not
barred
on
appeal from assailing the
Commission. — (a) Except as otherwise provided under this Code, the JD.
b. Illegaldismissal;
BasedontheLecturesofA
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2. If the court had JD, and the
case was
heard and
decided upon intertwined with their having been separated from their employment
Since the loss and
injury
from
which PAL seeks compensation have
the theory that
it
had no
JD,
the
party
who
induced it
to
adopt without just cause and, consequently, has a reasonable causal
reasonable causal connection with the alleged acts of unfair labor
suchtheoryisESTOPPEDfromquestioningitonappeal. connection with their employer-employee relations with SMC.
practice, a claim provided for in Article 217 of
the
Labor Code, the
Accordingly, it
cannot be denied that
respondents' claim falls under
question of damages becomes a labor controversy and
is
therefore
the
jurisdiction of
the labor arbiter as
provided in paragraph 4 of
Pepsi-Colav.Gal-lang anemploymentrelationshipdispute.
Article217.
The case involves a complaint for damages for malicious
prosecution which was filed with the RTC by the employees of
the
IndophilTextileMillsv.Adviento2014 LaborDispute
defendant company. It does not appear that there is a It is obvious from the
complaint that the
plaintiffs
have
not
alleged ARTICLE219.Definitions.—xxxx
"reasonable causal connection" between the complaint and the any unfair labor practice. Theirs is a simple action for damages for
"Labor dispute" includes any controversy or matter concerning
relations of the parties as employer and employees. The tortious acts allegedly
committed by the
defendants. Such being the
complaint did not arise from such relations and in fact could have case,thegoverningstatuteistheCivilCodeandn ottheLaborCode. terms and conditions of employment or the association or
arisen independently of an employment relationship between the representation of persons in negotiating, fixing, maintaining,
True, the
maintenance of a safe and healthy workplace is ordinarily a changing or arranging the terms and conditions of employment,
parties. No such relationship or
any unfair labor practice is asserted.
subject of labor cases. More, the acts complained of appear to
What the employees are alleging is that the petitioners acted with bad regardless of whether
the
disputants stand
in
the
proximate relation
constitute matters involving employee-employer relations since
faith
when they filed the criminal complaint which the MTC said was ofemployerandemployee.
respondent used to be the Civil Engineer of petitioner. However, it
intended "to
harass the poor employees" and the dismissal of which
should be stressed that respondent’s claim for damages is
was affirmed by the Provincial Prosecutor "for lack of evidence to
specifically grounded on petitioner’s gross negligence to provide a 1. LaborStandardsDisputes
establish even a slightest probability that all
the respondents herein
safe,
healthy and
workable environment for
its employees −a case of
have committed the crime imputed against them." This
is
a matter a. Compensation;
quasi-delict.
which the labor arbiter has no competence to resolve as the
b. Benefits;
applicable law is not the Labor Code but the Revised Penal When, as
here,
the cause
of
action
is
based
on
a quasi-delict or
Code. tort,
which has
no reasonable causal connection with any of the c. WorkingStandards,etc.
claims provided for in Article 217,
jurisdiction over
the
action
SanMiguelv.Etcuban 2. LaborRelationsDisputes
iswiththeregularcourts.
In the present case, while respondents insist that
their action is
for a. ULP
CenturyPropertiesv.Babiano2016
the declaration of nullity of their "contract of termination," what is
inescapable is the fact that it is, in reality, an action for damages The CA erred in limiting the "Confidentiality of Documents and b. Representationdisputes;
emanatingfromemployer-employeerelations. Non-Compete Clause" only to acts done after the cessation of the c. Bargainingdisputes;
employer-employee relationship or to the "post-employment"
First, their claim for damages is grounded on their having been
relations of the parties. As clearly stipulated, the parties wanted to d. CBA administration, personnel policy disputes,
deceived into severing their employment due to SMC's concocted
apply said clause during the pendency of Babiano's employment, and non-compliancewithgrievancemachinery;
financial distress and fraudulent retrenchment program — a clear
CPI correctly invoked the same before the labor tribunals to
caseofillegaldismissal. e. EmploymentTenuredisputes-non-regularization,
resist the former's claim for
unpaid commissions on
account of
his
Second, a comparison of respondents' complaint for
the
declaration breach of the said
clause while the
employer-employee relationship illegaltermination.
of nullity of the retrenchment program before the labor arbiter
and betweenthemstillsubsisted.
the complaint for the declaration of nullity of their "contract of JurisprudenceUpholdingJurisdictionofLA
PALv.ALPAP2018
termination" before the
RTC reveals that the allegations and prayer of PerpetualHelpCreditCoopv.Faburada
the former are almost identical with those of the latter except that the PAL's cause of action is not grounded on mere acts of
quasi-delict.
prayer for reinstatement was no longer included and the claim for The claimed damages arose from the illegal strike and acts Petitioner contends that the labor arbiter has
no
jurisdiction
to
take
backwages and other benefits was replaced with a claim for committed during the same which were in turn closely related
and cognizance of the
complaint of
private respondents considering that
actualdamages. intertwined with the respondents' allegations of unfair labor they failed to submit their
dispute to
the
grievance machinery. This
practicesagainstPAL. applies to members, officers and directors of the cooperative
These are telltale signs that respondents' claim for damages is involvedindisputeswithinacooperativeorbetweencooperatives.
BasedontheLecturesofA
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under the Corporation Code and the internal and intra-corporate
There is no evidence that private respondents are members of Section 62
of
the
Omnibus Rules
and
Regulations Implementing R.A. regulatoryrulesofthecorporation.
petitioner PHCCI and even if they are, the dispute is about No.
8042 provides that
the
Labor
Arbiters of
the
NLRC shall have
payment of wages, overtime pay, rest day and termination of the original and exclusive jurisdiction to hear and decide all If the relationship and its incidents are merely
incidental
to
employment. Under
Art.
217 of the Labor Code, these disputes are claims arising out of employer-employee relationship or by the controversy OR if there will still be conflict even if the
within the original and exclusive jurisdiction of the Labor virtue of any law or contract involving Filipino workers for relationship does not exist, then there is NO intra-corporate
Arbiter. overseas deployment including claims for actual, moral, exemplary
controversy.
Austriav.NLRC and other forms of damages, subject to
the
rules
and
procedures of
theNLRC. Exampleofanintra-corporatecontroversywhereRTChasJD:
Private respondents contend that by virtue of the doctrine of
separation of church
and state,
the
Labor Arbiter and the
NLRC have InternationalManagementServicesv.Logarta2012 ★ A corporate
officer’s
dismissal.
Monetary
claims
incident
to
no jurisdiction to entertain the complaint filed by petitioner. Since the In the case
at
bar, despite the
fact that respondent was
employed by such
dismissal, although at first glance cognizable by the LA, is
matter at
bar
allegedly
involves the discipline of a religious minister, Petrocon as an OFW in
Saudi Arabia, still
both
he
and
his
employer properly taken cognizance by the RTC since it is intimately
it
is
to
be considered a purely ecclesiastical affair to
which the State are subject to the provisions of
the Labor Code when applicable. The
linkedwiththeofficer’srelationswiththeCorporation.
hasnorighttointerfere. basic policy in this jurisdiction is
that all
Filipino workers, whether
The grounds invoked for petitioner's dismissal, namely: employed locally or overseas, enjoy the protective mantle of
misappropriation of denominational funds, willful breach of Philippinelaborandsociallegislations. Action for damages by employer against employee who resigned
trust, serious misconduct, gross
and
habitual neglect of
duties shortof30daypriornotice.E viotav.CA
and commission of an offense against the person of his CivilDisputeandIntra-corporateDispute
Petitioner does not ask for any relief under the Labor Code of the
employer's duly authorized representative, are all based on Intra-corporate disputes pertains to any of the following Philippines. It
seeks to
recover damages agreed upon in
the contract
Article 282 of the Labor Code which enumerates the just causes as redress for private respondent’s breach of his contractual
relationships:
for termination of employment. By this alone, it
is
palpable that obligation to its "damage and prejudice". Such cause of action is
the
reason for
petitioner's dismissal from the service is not religious a. Between the corporation, partnership, association AND the within the realm of
Civil Law,
and
jurisdiction over the controversy
innature. public; belongs to the regular courts. More so when we consider that
the
Under the
Labor
Code,
the
provision which governs the
dismissal of stipulationreferstothep ost-employmentrelationsoftheparties.
b. Between the corporation, partnership, association AND the
employees, is comprehensive enough to include religious
State, insofar as its franchise, permit or
license
to
operate
is ReplevincasebyERagainstEEinS
martv.Astorga
corporations, such as the SDA, in its coverage. With this clear
mandate, the
SDA
cannot hide
behind the
mantle of
protection of the concerned; Contrary to the CA’s ratiocination, the RTC rightfully assumed
doctrine of separation of church and state to avoid its responsibilities c. Between the corporation, partnership, association AND its jurisdiction over the suit and acted well within its discretion in
asanemployerundertheLaborCode. denying Astorga’s motion to
dismiss. SMART’s demand for payment
stockholders,partners,membersorofficers;and of the market value of
the car
or,
in
the
alternative, the surrender of
Silvav.NLRC
d. Amongthestockholders,partners,orassociatesthemselves. the car,
is
not a labor, but a civil dispute. It involves the relationship
For a ULP
case to
be
cognizable by
the Labor Arbiter, and the NLRC of debtor and creditor rather than employee-employer relations. As
to
exercise its
appellate jurisdiction, the allegations
in the complaint The Labor Arbiter has NO JD over intra-corporate disputes. The RTC such,thedisputefallswithinthejurisdictionoftheregularcourts.
shouldshowprimafacietheconcurrenceoftwothings,namely: takescognizanceinstead.Twoelementsmustbepresent:
Action by employer to
recover
unpaid
loans
of
employees
who
were
(1) grossviolationoftheCBA;AND
a. Relationship Test. The status or RELATIONSHIP of the dismissed.H SBCLtd.StaffRetirementPlanv.SpsBroqueza2010
(2) the violation pertains to the economic provisions of the
parties;and The enforcement of a loan agreement involves "debtor-creditor
CBA.
b. Nature
of
the
Controversy Test. The NATURE of the question relations founded on contract and does not in any way concern
In
several instances prior to the
instant case, the Court already made
employee relations. As
such
it should be enforced through a separate
its
pronouncement that RA 6715 is
in the nature of a curative statute. thatisthesubjectofthecontroversy.
civilactionintheregularcourtsandnotbeforetheLaborArbiter."
As such,
we declared that
it
can
be applied retroactively to pending The
controversy
must
not
only
be
rooted in the existence of an
cases.
intra-corporate relationship, but must pertain to the
Simv.NLRC
enforcement of the parties’ correlative rights and obligations
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considered as a corporate office. Thus, the creation of an office
Action for declaratory relief filed by female flight attendants to It is clear that the termination complained of is intimately and
pursuant to
or
under a By-Law enabling provision is not enough to
question the
constitutionality of their
compulsory age
of
retirement inevitably linked to respondent Balagtas's role as petitioner North
makeapositionacorporateoffice.
at55comparedtomaleworkers.H alaguenav.PAL Star's Executive Vice President. All the
incidents are
adjuncts
of
her
In
this
case,
respondent was appointed vice president for nationwide corporate office lead the Court to conclude that respondent Balagtas's
From the
petitioners' allegations and
relief prayed for in its petition,
expansion by Malonzo, petitioner's general manager, not by the board dismissal is an intra-corporate controversy, not a mere labor
it is clear that
the
issue raised is whether Section 144, Part A of
the
of directors of petitioner. It was also Malonzo who determined the dispute.
PAL-FASAP CBA is unlawful and unconstitutional. Here, the
compensation package of respondent. Thus, respondent was an
petitioners' primary relief is
the annulment of
Section 144, Part A of Ellaov.BATELEC2018
employee, not a "corporate officer." The
CA
was
therefore
correct in
the PAL-FASAP CBA, which allegedly discriminates against them for
ruling that jurisdiction over the case was properly with the NLRC, not Here, the position of General Manager is expressly provided for
being female flight attendants. The subject of litigation is
theSEC(nowtheRTC). under Article VI, Section 10 of BATELEC I's By-laws. It
is
therefore
incapable of pecuniary estimation, exclusively cognizable by
beyond cavil that Ellao's position as General Manager is a
the RTC, pursuant to Section 19 (1)
of
Batas Pambansa Blg. 129, as Whoever are the
corporate officers enumerated in the by-laws are the
cooperative office. Accordingly, his complaint for illegal dismissal
amended. Being an ordinary civil action, the same is beyond the exclusive Officers of
the
corporation and
the
Board
has no power to
partakesofthenatureofani ntra-cooperativecontroversy.
jurisdictionoflabortribunals. createotherOfficeswithoutamendingfirstthecorporateBy-laws.
The said issue cannot be resolved solely by applying the Realv.SanguPhil2011 2.RequirementstoperfectappealtoNLRC
Labor Code. Rather, it requires the application of the Constitution, The better policy to be followed in determining jurisdiction over a a. Decisions,
awards
or
order of LA shall be F&E unless appealed
labor statutes, law on contracts and the Convention on the case should be to consider concurrent factors such as
the status or toNLRCwithin1
0caldaysfromreceiptthereof.
Elimination of All Forms of Discrimination Against Women,16 and relationship of
the parties or the nature of the question that is subject
the power to apply and interpret the constitution and CEDAW is of their controversy. In the absence of any one of
these factors, the b. In
case
of
decisions or
resolutions
of
RD
pursuant to Art 129,
withinthejurisdictionoftrialcourts,acourtofgeneraljurisdiction. SEC(RTC)willnothavejurisdiction. within5caldays.
IntracorporatevsLaborDispute.O
kolv.SlimmersWorld When petitioner sought for reinstatement, he wanted to c. If last day falls on a weekend or holiday, move to the next
The issue revolves mainly on whether petitioner was an employee or recover his position as Manager, a position which we have, workingday.
a
corporate officer of Slimmers World. Section 25 of the Corporation however, earlier declared to be not a corporate position. With
d. Nomotionorrequestforextensionshallbeallowed.
Code enumerates corporate officers as the president, secretary, the
elements of intra-corporate controversy being absent in this case,
treasurer and such other officers as may be provided for in the we
thus
hold
that petitioner’s
complaint for illegal dismissal against e. Groundsforappeal:
by-laws. In Tabang v. NLRC, we held that an "office" is created by the respondents is not intra-corporate. Rather, it is a termination
a) Prima facie evidence of abuse of discretion on the
charter of the corporation and
the
officer is
elected by the
directors dispute and,
consequently, falls
under
the jurisdiction of
the
Labor
Arbiterp ursuanttoSection217oftheLaborCode. partofLAorRD;
or
stockholders. On the other hand, an "employee" usually occupies
no office
and generally is
employed not by action of the directors or Cachov.Balagtas2018 b) Decision, award or order secured through fraud or
stockholders but by the managing officer of the corporation who also coercion,i ncludinggraftandcorruption;
determinesthecompensationtobepaidtosuchemployee. The existence of
an
intra-corporate controversy does not wholly rely
on
the relationship of the
parties. The incidents of their relationship c) Ifmadepurelyonq
uestionsoflaw;a nd/or
From the documents submitted by respondents, petitioner was a must also be considered. Thus, under the nature of the controversy d) If serious errors in the
findings
of
facts
are
raised
director and officer of Slimmers World. The charges of illegal test, the disagreement must not
only be rooted in the existence of an
suspension, illegal dismissal, unpaid commissions, reinstatement which may cause grave and irreparable damage or
intra-corporate relationship, but must as well pertain to the
and back wages imputed by petitioner against respondents fall enforcement of the parties' correlative rights and obligations under injurytoappellant.
squarelywithintheambitofintra-corporatedisputes. the
Corporation Code and the
internal and intra-corporate regulatory f. To be filed with the Regional Arbitration Branch of the Regional
Corporate Officers. Matling Industrial and Commercial Corp v. rules of the corporation. If the relationship and its incidents are Officewherethecasewasheardanddecided.
Coros2010 merely incidental to the controversy or if
there
will still
be
conflict
even if the relationship does not exist, then no intra-corporate g. No appeal from interlocutory order shall be entertained.
(Sec
Conformably with Section 25 of the Corporation Code, a position controversyexists. 10RuleVI,s upra).
must be expressly mentioned in the By-Laws in order to be
h. REQUISITES(Sec4):
BasedontheLecturesofA
tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 108of122
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a) Filedw
ithinthereglementaryperiod; b) an indemnity agreement between the 1) to immediately reinstate the dismissed employee either
b) Verified by the appellant in accordance to Sec 4 Rule 7 employer-appellantandbondingcompany; physicallyorinthepayroll,and
ofRoC; c) proof of security deposit or collateral securing the 2) to pay the accrued salaries as a consequence of such
c) Intheformofam
emorandumo
fappealwhichshall bond: provided, that a check shall not be considered as non-reinstatementintheamountspecifiedinthedecision.
anacceptablesecurity;and, The
Labor Arbiter
shall
motu proprio issue a corresponding writ to
i) Statethegroundsrelieduponand
d) notarized board resolution or secretary’s satisfy the reinstatement wages as they accrue until actual
ii) Theargumentsinsupportthereof,
certificate from the bonding company showing its reinstatement or reversal of the order of reinstatement.
(En
Banc
iii) Thereliefprayedfor,and authorizedsignatoriesandtheirspecimensignatures. ResolutionNo.11-12,Seriesof2012)
iv) With a statement of the date the appellant motion
NO to
reduce
bond shall be entertained except on The Sheriff shall
serve
the
writ
of
execution upon the
employer or
received the appealed decision, award or meritorious
grounds,
and
only
upon
the
posting
of
a bond in a any other person required by law to obey the same. If he/she
order; reasonableamountinrelationtothemonetaryaward. disobeys the writ, such employer or person may be cited for
d) In 3 legibly typewritten or printed copies; and contemptinaccordancewithRuleIX.
The mere filing
of
a motion to reduce bond without complying
accompaniedby: with the requisites in the preceding paragraphs shall
not
stop Sec 19(2) Rule V. In case the decision of the Labor Arbiter
i) Proof of payment
of
the
required
appeal
fee therunningoftheperiodtoperfectanappeal. includesanorderofreinstatement,itshalllikewisecontain:
andlegalresearchfee; j. Prohibitedappeals: a) a statement that the reinstatement aspect is immediately
ii) Posting of a cash or surety bond as executory;and
a) Appeal from any interlocutory order of the LA
providedinS ec6;and denyingamotion: b) a directive for the employer to submit a report of
iii) Proofofserviceupontheotherparties compliance within ten (10)
calendar days
from receipt
of
i) Todismiss;
thesaiddecision.
i. Appeal from Decision involving monetary award may be ii) Toinhibit;
Malcabaetal.v.ProhealthPharmaPhils.2018Leonen,J
perfected only upon
the posting
of a bond (Sec 6) which shall
iii) Forissuanceofwritorexecution,or
eitherbeintheformof Before any labor
tribunal takes cognizance of termination disputes, it
iv) Toquashwritofexecution; must first have jurisdiction over the action. The Labor Arbiter and the
a) Cashdeposit;or
b) Appeal from the
issuance
of
a certificate
of
finality NLRC only exercise jurisdiction over termination disputes between
b) Suretybond an
employer and
an
employee. They do not exercise jurisdiction over
ofdecisionbyLA;
Equivalent in amount to the monetary award exclusive of terminationdisputesbetweenacorporationandacorporateofficer.
c) Appeal from orders issued by LA in the course of
damagesandattorney’sfees. WON Malcaba was a corporate officer, thereby divesting the labor
executionproceedings. tribunalsofjurisdictionfromhearinghisdismissalcase.
In case of surety bond, the same shall be issued by a
reputable bonding company duly accredited by the
3.Reinstatementand/orexecutionpendingappeal YES. At
the
time of his
alleged
dismissal, Malcaba was the President
of
respondent corporation. Under Section 25 of the Corporation Code,
Commission, and shall be accompanied by original or Sec12RuleXI,supra
the President of a corporation is
considered a corporate
officer.
The
certifiedtruecopieso fthefollowing: In case the decision includes an order of reinstatement, and the dismissal of a corporate officer is considered an intra-corporate
a) a joint declaration under oath by the employer, employer disobeys the directive under the second paragraph of dispute,notalabordispute.
his/her counsel, and the bonding company, attesting Section 19 of Rule V or refuses to reinstate the dismissed employee, The clear weight of jurisprudence clarifies that to be considered a
that the
bond posted is
genuine,
and
shall be effective the Labor Arbiter shall immediately issue writ of execution, even corporate officer, first, the office must be created by the charter of the
untilfinaldispositionofthecase; pendingappeal,directingtheemployer corporation, and
second, the officer
must be
elected by
the
board of
directorsorbythestockholders.
BasedontheLecturesofA
tty.Marquez❤
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a) Rulemakingpowers b) Injunctiverelief—w
ritofpreliminaryinjunction;
Malcaba was an
incorporator of
the corporation and a member of the
Board of Directors. Respondent corporation's By-Laws creates the i) Governing the hearing and disposition of c) Temporaryrestrainingorder.
office of the President. That foundational document also
states
that cases
thePresidentiselectedbytheBoardofDirectors. AppellateRemedies
ii) Pertainingtoitsinternalfunctions
a) Rule65—Certiorari,Prohibition,Mandamus;(CA)
iii) Those as may be necessary to carry out the
B.NationalLaborRelationsCommission b) Rule45—
PetitionforReviewonCertiorari.(SC)
purposesofthisCode;
b) Powertoissuecompulsoryprocesses C.I.C.MMissionSeminariesSchoolofTheologyInc.v.Perez2017
ARTICLE 224. Jurisdiction of the Labor Arbiters and the
Commission.—xxxx i) Administeroaths; In the event the aspect of reinstatement is disputed, backwages,
ii) Summonparties; including separation pay, shall be computed from the time of
(b) The Commission shall have EXCLUSIVE APPELLATE
dismissal until the finality of the decision ordering the separation
jurisdictionoverallcasesdecidedbyLaborArbiters. iii) Issue subpoena duces tecum and ad pay.
xxxx testificandum
The rule
is,
if
the
LA's
decision,
which granted separation pay in lieu
c) Powertoinvestigatemattersandheardisputes
of reinstatement, is appealed by any party, the employer-employee
a) OriginalandExclusiveJurisdiction(OEJ)
i) Conductinvestigations relationship subsists and until such time when decision becomes
1) PetitionforInjunctioninordinarylabordisputes final and executory, the employee is entitled to all the monetary
ii) Proceed to
hear
and
determine
the
dispute
in
awardsawardedbytheLA.
2) PetitionforInjunctiononstrikesorlockouts( Art279) themannerlaiddowninArt225[218](c),
What should
be the legal basis for the computation of the backwages
3) Certified cases which refer to labor disputes causing or d) Contemptpower and separation pay of an illegally dismissed employee in a case
likely to cause a strike or lockout in an industry where reinstatement was not
ordered despite
appeals made by
said
e) Powertoissueinjunctionsandrestrainingorders
indispensable to
the national interest, certified to it by employee which delayed the final resolution of the issue on
the SOLE for compulsory arbitration pursuant to Art f) Powertoconductocularinspection reinstatement.
278(g). g) Appellatepower. FROM THE TIME OF DISMISSAL UNTIL FINALITY OF
DECISION
ORDERING THE SEPARATION PAY. The Court's duty in a Rule 45
4) Petition
to annul or modify the order or resolution of the ExtraordinaryRemedies petition, assailing the decision of
the
CA in a labor case elevated to it
LA. through a Rule 65 petition, is limited only to the determination of
a) Petition to annul or modify order or resolution, with the
b) ExclusiveAppellateJurisdiction(EAJ) whether the CA committed an error in judgment in declaring the
followinggrounds:
absence or
existence, as
the case may be, of grave abuse of discretion
1) AllcasesdecidedbytheLA; i) Primafaciee videnceofabuseofdiscretion; onthepartoftheNLRC.
2) Cases decided by DOLE RD or hearing officers involving ii) Seriouserrorsinthefindingsoffacts; As a consequence, the Court shall examine only whether the CA erred
smallmoneyclaimsunderA rt129 in
not finding grave abuse of
discretion when the NLRC affirmed the
iii) A party, by fraud, accident, mistake or excusable LA's findings that the separation pay
in
lieu
of reinstatement as well
FunctionsandPowers negligencehasbeenpreventedfromtakinganappeal; as backwages due to respondent should be recomputed until the
★ The NLRC is a quasi-judicial body tasked to promote and iv) PurelyonQuestionsoflaw;or finality of the Court's decision, despite the
fact that
the
delay in
the
maintain industrial peace by
resolving labor
and management resolution of
the
said case
was brought about by respondent herself.
v) Orderorresolutionwillcauseinjusticeifnotrectified. Onthispoint,theCourtrulesinthenegative.
disputes involving both local and overseas workers through
compulsory arbitration and alternative modes of dispute ★ Not later than 10 cal days from receipt of order o
f LA, The decision of the CA is based on long standing jurisprudence that in
resolution. aggrieved party may file the petition before the NLRC, the event the aspect of reinstatement is disputed, backwages,
furnishingacopytotheadverseparty. including separation pay, shall be computed from the time of
★ Art225[218]ofLC.TheNLRChas:
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tty.Marquez❤
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ooksofAzucena,Kato,Poquiz ByRGL 110of122
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dismissal until the finality of the decision ordering the separation However, the Court, in special and justified circumstances, has In all of these cases, though, there were meritorious grounds that
pay.
In
Gaco v. NLRC, it was ruled that with respect to the payment of relaxedtherequirementofpostingas upersedeasb ond. warranted the reduction of the appeal bond,
which,
as
discussed, is
backwages and separation pay in
lieu
of
reinstatement of an illegally The reduction of the appeal bond is allowed, subject to the lackinginthecaseatbench.
dismissed employee, the period shall be reckoned from the time
followingconditions:
compensation was withheld up to the finality of this Court's decision. DutchMoversInc.v.Lequin,etal.2017
This was reiterated in Surima v. NLRC and Session Delights
Ice 1. the
motion
to reduce the bond shall be based on meritorious
CreamandFastFoodsv.CA. grounds;and WON petitioners
are personally liable to pay the judgment awards in
2. a reasonable amount in relation to the monetary award is favorofrespondents.
In this case, respondent remained an employee of the petitioners
pending her
partial appeal. Her
employment was only severed when postedbytheappellant.
YES. Valderrama v. NLRC, and David v. Court of Appeals are
this Court, in G.R. No. 200490, affirmed with finality the
rulings of Here, petitioners' motion to reduce bond was not predicated on applicable here. In said cases, the Court held that the principle of
the CA and the labor tribunals declaring
her right to
separation pay meritorious and
reasonable grounds and the
amount tendered is
not immutability of judgment, or the rule that once a judgment has
instead of actual reinstatement. Accordingly, she is entitled to
have reasonableinrelationtotheaward. become final and executory, the same can no longer be altered or
her backwages and separation pay computed until the judgment of In the case of McBurnie v.
Ganzon, the Court has
set a provisional modified and the court's duty is only to order its execution, is
not
thisCourtbecamefinalandexecutory. absolute. One of its exceptions is when there is a supervening
percentage of 10% of the monetary award (exclusive of
Finally, the Court disagrees with the petitioners' assertion that a damages and attorney's fees) as reasonable amount of
bond
that
an event occurring after the judgment becomes final and executory,
recomputation would violate the doctrine of immutability of appellant should post pending resolution by the NLRC of a motion for whichrendersthedecisionunenforceable.
judgment. a
bond's reduction. Only
after the posting of this required percentage A supervening event refers to facts that transpired after a
It has been settled that no essential change is made by a shall an appellant's period to perfect an appeal be suspended. judgment has become final
and
executory, or
to
a new
situation that
recomputation as this step is a necessary consequence that Applying this
parameter, the P15K partial bond posted by petitioners developed after the same attained finality. Supervening events include
flows from the nature of the illegality of dismissal declared in is
not
considered reasonable in
relation to the
total
monetary award matters
that
the parties were unaware of before or during trial as they
that decision. By the nature of an illegal dismissal case, the ofP198K. werenotyetexistingduringthattime.
reliefscontinuetoaddonuntilfullsatisfactionthereof. Petitioners, nevertheless, rely on a number of cases wherein the By responsible person, we refer to an individual or entity responsible
Courtallowedtherelaxationofthestringentrequirementoftherule. for, and who acted in
bad
faith
in
committing illegal dismissal or
in
TurksShawarmaCompanyv.Pajaron,etal.2017
In Nicol v. Footjoy Industrial Corporation, the
Court
reversed the violation of the Labor Code; or one who actively participated in
the
reReductionofAppealBond
NLRC's denial of
the
appellant's
motion
to
reduce bond upon finding management of the corporation. Also, piercing the veil
of
corporate
The liberal interpretation of the rules applies only to justifiable adequateevidencetojustifythereduction. fiction is allowed where a corporation is a mere alter ego or a conduit
causesandmeritoriouscircumstances. In Rada v.
NLRC and Blancaflor v.
NLRC, the NLRC allowed the late of
a person, or another corporation. Here, the veil of corporate fiction
payment of the bond because the appealed Decision of the Labor must be pierced and accordingly, petitioners should be held
The
posting of cash or surety bond is mandatory and jurisdictional; Arbiter did not state the exact amount to be awarded, hence there personally liable for
judgment awards because the
peculiarity of
the
failure to comply with this requirement renders the
decision of
the could be no basis
for
determining the amount of the bond to be filed. situation shows that they controlled DMI; they actively participated
LaborArbiterfinalandexecutory. It was only after the amount of supersedeas bond was
specified by in its operation such that DMI existed not as a separate entity but
WON CA erred in affirming the NLRC's dismissal of petitioners' theNLRCthattheappellantsfiledthebond. onlyasbusinessconduitofpetitioners.
appeal. In
YBL
(Your Bus Line) v. NLRC, the Court was propelled to relax the Doble,Jr.v.ABBInc.2017
NO. It is clear from both the Labor Code and the NLRC Rules of requirements relating to appeal bonds as there were valid issues
Procedure that there is legislative and administrative intent to strictly raisedintheappeal. The provision states that either a legible duplicate original or
apply the appeal bond requirement, and the Court should give utmost certified true
copy thereof
shall be submitted. If what is submitted is
In Dr. Postigo v. Philippine Tuberculosis Society, Inc., the
regardtothisintention. a copy, then it is required that the same is certified by the proper
respondent therein deferred
the
posting of
the bond and instead filed
officer of the court, tribunal, agency or office involved or his
The posting of cash or surety bond is therefore mandatory a motion to reduce bond on the ground that the Labor Arbiter's
duly-authorized representative. The purpose for this
requirement is
and jurisdictional; failure to comply with this requirement computation of
the
award
is
erroneous which circumstance justified
not difficult to see. It is to assure that such copy is a faithful
renders the decision of the Labor Arbiter final and executory. therelaxationoftheappealbondrequirement.
reproduction of the judgment, order, resolution or ruling subject of
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thepetition. A
judicious review of
the records reveals that the exceptions in items Rosewood Processing v.
NLRC likewise enumerated other instances
WON CA gravely erred when it dismissed outright the Petition for (d) and (e)
are
attendant in this
case.
The highlighted portion of
the wheretherewouldbeal iberalapplicationoftheproceduralrules:
Certiorari and refused
to reinstate the same, despite the fact that the NLRC Resolution explicitly warns the
litigating
parties that the NLRC Someofthesecasesinclude:
two defects noted in the minute Resolution have already been shall no longer entertain any further motions for reconsideration.
This circumstance gave petitioners the impression that moving for 1. counsel's reliance on the footnote of the notice of the
substantiallyrectified.
reconsideration before the NLRC would only be an exercise in futility decision of the labor arbiter that the aggrieved party may
YES. First, the CA gravely erred in dismissing the petition on the appealwithinten(10)workingdays;
inlightofthetribunal'saforesaidwarning.
ground that the assailed NLRC Decision and Resolution attached
Moreover, Section 15, Rule VII
of the 2011
NLRC Rules of Procedure, 2. fundamentalconsiderationofsubstantialjustice;
thereto are mere "certified photocopies" and
not duplicate originals
or
certified true copies.
The CA's inordinate nitpicking on procedural as amended, provides, among others, that the remedy of filing a 3. prevention of
miscarriage of
justice or of unjust enrichment,
requirements is contrary to
the Court's
ruling
in Coca-Cola Bottlers motion for reconsideration may be availed
of
once
by
each party.
In as where the tardy appeal is from a decision granting
Phils., Inc. v. Cabalo. There is
no
substantial distinction between a this case, only respondents had filed a motion for reconsideration separation pay which
was
already granted in
an earlier final
photocopy or a "Xerox copy" and a "true copy" for as long as the before the NLRC. Applying the foregoing provision, petitioners also decision;and
photocopy is certified by the proper officer of the court, tribunal, had an opportunity to
file such motion in this case, should they wish 4. special circumstances of the case combined with its legal
agency or office involved or his duly-authorized representative and to do so. However, the tenor of such warning effectively deprived meritsortheamountandtheissueinvolved.
thatthesameisafaithfulreproductionoftheoriginal. petitioners of
such
opportunity, thus, constituting a violation of their
Thus, while the procedural rules strictly require the employer to
righttodueprocess.
Indeed, for all intents and purposes, a certified Xerox copy is no submit a genuine
bond, an appeal could still be perfected if there was
different from a certified true copy of the original document. The Malcabaetal.v.ProhealthPharmaPhils.2018Leonen,J substantialcompliancewiththerequirement.
operative word in the
term certified
true copy under Section
3,
Rule Despite their
failure
to
collect
on
the
appeal bond, petitioners do not
46oftheRulesofCourtiscertified. In
appeals of illegal dismissal cases, employers are strictly mandated deny that they were eventually able to
garnish the
amount from
to file an appeal bond to perfect their appeals. Substantial respondents' bank
deposits. This fulfills
the
purpose of
the bond,
GenpactServicesInc.v.Santos-Falceso2017 compliance,however,maymeritliberalityinitsapplication. that
is, "to guarantee the payment of valid and legal claims against the
The 2011 NLRC Rules of Procedure, as amended, provides, among WON CA should have dismissed outright the Petition for Certiorari employer." Respondents are considered to have substantially
others, that
the
remedy
of filing
a motion for reconsideration may be since respondents failed to post a genuine appeal bond before the compliedwiththerequirementsonthepostingofanappealbond.
availedofoncebyE ACHp arty. NLRC.
ConsolidatedDistillersofFarEastv.Zaragoza2018
WON the
CA
correctly
dismissed
outright
the certiorari petition filed NO. In labor cases, an appeal by an employer is perfected only by
bypetitionersbeforeitonproceduralgrounds. filingabonde quivalenttothemonetaryaward. When there is a supervening event that renders reinstatement
Procedural rules
require
that
the
appeal bond filed
be
"genuine." An impossible, backwages is
computed
from the time of dismissal until
NO. The general rule is
that
a motion for reconsideration must
first
appeal bond determined by
the NLRC to be "irregular or not genuine" thefinalityofthedecisionorderingseparationpay.
be filed with the lower court prior to resorting to
the extraordinary
remedy of
certiorari, since a motion for reconsideration may still be shallcausetheimmediatedismissaloftheappeal. WON Court of Appeals committed reversible error
in
reckoning the
considered as a plain, speedy, and adequate remedy in
the ordinary In Quiambao v. NLRC, this Court held that the mandatory and period of back wages and separation pay until finality of the decision
course of law. However, the rule admits of
well-defined exceptions, jurisdictional requirement of the filing of an appeal bond could be of this case and not
until
the
time,
the
supervening event and
legal
suchas: relaxed if there was
substantial
compliance. Quiambao proceeded impossibilitytoreinstatearoseinthiscase.
xxx to outline situations that could be considered as substantial NO. The
Court
agrees
with
the
CA that Condis is liable for backwages
compliance,suchas and separation pay until the finality of the decision awarding
(d) where, under the circumstances, a motion for
1. latepayment, separationpayasruledinB ani.
reconsiderationwouldbeuseless;
2. failure of the Labor Arbiter to state the exact amount of In Bani, the Supreme Court held that when there is a supervening
(e) where petitioner was deprived of due process and there
is
moneyjudgmentdue,and event that renders reinstatement impossible, backwages is computed
extremeurgencyforrelief;
from the
time of
dismissal until
the
finality
of
the
decision ordering
xxxx 3. reliance on a notice of judgment that failed to state that a
separationpay.
bondmustfirstbefiledinordertoappeal.
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The reason for this, as the Court explained in Bani, is that "when suspending execution, the rule requires an extra step, namely, the
there is an order of separation pay, the
employment relationship is determination of what part of the execution is affected by the
terminated only upon the finality of the decision ordering the reversal.
separation pay. The finality
of
the
decision cuts-off
the employment The more relevant rule in this case is Rule XI, Section 3 of the
relationship and represents the final settlement of the rights and NLRCRules,whichprovides:
obligationsofthepartiesagainsteachother." Section 3. Effect of Perfection of
Appeal on Execution. —
Here,
the
award of
separation pay in
lieu
of
reinstatement was made The perfection of an appeal shall stay the execution of the
subsequent to the finality of the Decision in the Illegal Dismissal decision of the Labor Arbiter except execution for
Case. Condis cannot therefore evade its liability to Rogel for reinstatementpendingappeal.
backwages and separation pay computed until the finality of this Under this
provision, the
perfection of
an
appeal
stays the execution
Decisionwhichaffirmstheordergrantingseparationpay. of
a LA’s decision. Thus, for clarity, the CA should have explained that
For Olympia Housing v. Lapastora to apply, the employer must because its
Decision
deemed respondents' appeal before the NLRC as
prove the closure of its business in full and complete compliance reinstated, the execution of the
Labor Arbiter's
Decision was stayed
with all
statutory
requirements prior to the date
of the finality of the underRuleXI,Section3oftheNLRCRulesofProcedure.
awardofbackwagesandseparationpay. However, despite the applicability of
Rule
XI,
Section 3 of
the
NLRC
Here, Condis failed to show that in 2007 it had closed its
business Rules
to
the
factual circumstances before the CA, the Petition must be
and that it had complied with all
the
statutory requirements for the granted.
closure. All it alleged was the execution of the Asset Purchase It may be true that in Mcburnie, this Court relaxed the rule that
Agreement and the termination of the Service Agreement with EDI appeals in labor cases may be perfected only
upon
the
posting of
a
—but this does not
mean, nor was it argued to mean, that Condis had cash or
surety bond.
However, the
rule may be relaxed only upon the
closed its business. In fact, Condis failed to submit any document existence of exceptional circumstances, the determination of which is
which showed that in 2007, it had notified the DOLE or its employees a
matter fully within the discretion of
the NLRC. Given that the NLRC
of the closure of its business and the reason for its
closure. It
also denied respondents' appeal on the
basis of
non-perfection, it
can be
failed to
show that Rogel was affected by this purported closure of its inferred that it found no exceptional circumstances so as to justify
business. There is therefore no basis for it to claim that Olympia any leniency or finding the P40K amount initially paid by
Housing is authority for its liability to pay backwages and respondentsassufficientforpurposesofperfectingtheirappeal.
separationpaytoonlyupto2007.
Execution may be authorized even pending appeal. This Court
Paciosetal.,v.TahanangWalangHagdanan2018Leonen,J finds that the principles allowing execution pending appeal invoked
in
Aris are equally applicable here as petitioners are poor employees,
In authorizing execution pending appeal of the reinstatement deprived of their only source of
livelihood for
years and
reduced to
aspect of a decision of the Labor Arbiter
reinstating a dismissed or begging on the streets. In view of their dire straits and since the NLRC
separated employee, the law itself has laid down a compassionate has already ruled twice on the case in a way that supports the release
policy which, once
more, vivifies and enhances the provisions of the of the supersedeas bond, it is
proper to
continue with execution
1987Constitutiononlaborandtheworkingman. proceedings in this case despite a pending motion for
WON the Court of Appeals erred in affirming
the
suspension
of
the reconsideration.
executionproceedings.
D.SupremeCourt
YES. CA
failed to note that under the Rules, the execution proceedings C.CourtofAppeals ProvidedhereinisaflowchartforExecutionofJudgment
should be suspended only "insofar as the reversal is concerned." This
omission leads to an incorrect reading of
the
rule
and
suggests
that
any reversal on appeal leads to the automatic suspension of
execution of the appealed decision. When used as basis for
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registered labor org which seeks to be the
sole
and
exclusive
court, tribunal, board or officer exercising judicial or
quasi-judicial
functions acted without, in excess of or with grave abuse of bargainingagentinanestablishment.
discretionamountingtolackorexcessofjurisdiction. 2) Intra-union disputes or internal union disputes —
Here,
the
appellate court modified the aforesaid decision by reducing disputes or grievances arising from any violation of or
the
award of
unpaid salaries due the petitioner on the ground that the disagreement over any provision of the constitution and
basis should be the first contract of employment which had a by-laws of the union, including violations on conditions of
durationofonlyone(1)year. unionmembershipasperLC.
The supervisory jurisdiction of the CA under Rule 65
was confined
3) All disputes, grievances arising from or affecting
only to the determination of whether or not the NLRC committed
grave abuse of
discretion in
deciding the
issues brought before
it
on labor-management relations; except those arising from
appeal. To recapitulate, the CA is allowed to consider the factual interpretation or implementation of CBA which are
subject
to
issues only insofar as they serve as the basis of the jurisdictional grievanceprocedurea nd/orvoluntaryarbitration.
errorimputedtothelowercourtorinthiscase,theNLRC.
F.NationalConciliationandMediationBoard
E.BureauofLaborRelations
1.Jurisdiction
ARTICLE 232. The Bureau of Labor Relations and the Labor The agency attached to DOLE principally in-charge of the settlement
Relations Divisions in the regional offices of the Department of of
labor disputes through conciliation, mediation, and promotion of
Labor
shall
have
original and exclusive authority to
act,
at
their voluntaryapproachestolabordisputepreventionandsettlement.
own initiative or upon request of either or both parties, on all
SalientPointsofRA10396
inter-union and intra-union conflicts, and all disputes,
1) LA or the appropriate DOLE Agency that
has
jurisdiction over
grievances or problems arising from or affecting
the dispute shall only entertain only endorsed or referred
labor-management relations in all workplaces, whether casesbythedulyauthorizedofficer.
agricultural or non-agricultural, except those arising from the
2) Any or both parties to the dispute
may
pre-terminate
the
C-M
implementation or interpretation of collective bargaining
and request referral to the appropriate DOLE Agency, or if
agreements which shall be the subject of grievance procedure
bothagree,r efertheunresolvedissueforVA.
Bugaoisanv.OwiGroupetal.2018 and/orvoluntaryarbitration.
SalientProvisionsofS
EnAIRRorDOLEDONo151-16
The CA is only tasked to determine whether or not the NLRC The Bureau shall have fifteen
(15)
working
days
to
act
on
labor
GR: Allissuesarisingfromlaborandemploymentshallbesubject
committed grave abuse of discretion in its appreciation of factual casesbeforeit,subjecttoextensionbyagreementoftheparties.
issues presented before it by any parties. The CA is not given tothe3 0-daymandatoryconciliation-mediation.
unbridled discretion to modify factual
findings of
the
NLRC and
LA, ARTICLE 245. Cancellation of Registration. — The certificate of
EXC:
especially when such matters have not been assigned as
errors nor registration of any legitimate labor organization, whether national
raisedinthepleadings. orlocal,maybecancelledbytheB ureaux xxx. a) Notices of strike/lockout or preventive mediation cases
WON the
CA
was
correct
when it
went beyond
the
issues
of the case withtheNationalConciliationandMediationBoard(NCMB);
The BLR and the labor relations divisions in the regional offices
and the assigned errors raised by respondents when it filed the b) Issues arising
from the interpretation or implementation of
have original and exclusive authority to
act
motu proprio or
upon
certioraripetitionunderRule65. the collective bargaining agreement and
those arising from
requeston:
NO. In a Rule 65, petition for certiorari filed
with the
CA, the latter interpretation or enforcement of company personnel
must limit itself to the determination of
whether or not
the inferior 1) Inter-union disputes or representation disputes — refer to
cases involving petition for certification election filed by a duly
BasedontheLecturesofA
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policies which should be processed through the grievance d. Extension—GR:notextendible; 3. Request for referral to the appropriate DOLE office or
machinery. agency
by
the
requesting party or
both
parties
prior to the
EXC: mutual agreement and possibility of settlement. 15
c) Applications for exemption from Wage Orders with the expirationofthe30-dayperiod.
calendardays.
NationalWagesandProductivityCommission(NWPC) d. IssuanceofReferral—within1dayafter:
ConductofC-M
d) ViolationsofPOEARulesandRegulationsinvolving: 1. Expiration;
a. Appearance—GR:Personal;
1) Serious offenses and offenses
penalized
with
cancellation 2. Failuretotimelyreachagreement;
EXC: Lawyers, agents may appear, with SPAs in the
following
oflicense;
circumstances: 3. Non-appearance of responding party in 2 consecutive
2) Disciplinary actions against overseas workers/seafarers
i. Partyisoutsideofcountry; scheduledconferencesdespiteduenotice;
which are considered
serious
offenses
or
which
carry
the
ii. Partyisaminororincapacitated;or 4. Non-settlementofoneormoreissues;
penaltyofdelistingfromthePOEAregistryatfirstoffense;
3) ComplaintsinitiatedbythePOEA; iii. Partydied,withwhichtheheirmayappearpresenting: 5. Non-compliancewithagreement.
4) Complaints against an agency whose license is revoked, 1. DeathCertificate; NoreferralwheretherequestingpartywithdrewRFA.
cancelled,expiredorotherwisedelisted;and 2. NSO Marriage or Birth Certificate to prove e. Cognizance over referred RFAs — LA or appropriate DOLE
5) Complaints categorized under the POEA Rules and relationship. agency.
RegulationsasnotsubjecttoSEnA. b. C-MProcess—TheSEADOs hall: Incaseofsettlementagreements
Co-conciliation-mediation. — Coordinated conciliation-mediation by 1. Clarify the issues, validate positions and determine the a. Reduced in
writing using the SEnA Settlement Agreement Form,
two or
more
SEADs shall be
observed
if
the
RFA is
filed
with the SEAD underlyingissues; signedbybothpartiesanda ttestedb ytheSEADO.
most convenient to the requesting party but outside the region where b. Agreement on monetary claims arising from violations of
2. Narrow down the disagreements and broaden areas for
the employer principally operates, the
SEADO shall entertain
the same labor standards shall be
fair
and
reasonable,
and
not
contrary
settlement;
and co-conciliate-mediate with the SEAD of the region where the tolaw,publicmoralsandpublicpolicy.
employerprincipallyoperates. 3. Encourage parties to generate options and enter into
c. Types
Consolidation of
RFA.
— Where two or more RFAs involving the same stipulations;
4. Offer proposals and options toward mutually acceptable i. Full;
responding party and issues are filed before different
SEADs within
the same region/office/unit, the RFAs shall
be
consolidated before the solutionsandvoluntarysettlement; ii. Partial - installment, or reinstatement is on a future agreed
firstSEADtakingcognizanceoftheRFAs,whenpracticable. 5. Prepare the
settlement
agreement
in
consultation
with
the date.
ScheduleofConferences parties;and d. The SEADO shall attach a duly accomplished waiver and
a. Initial — within 5 working
days
from
date
of
assignment
of 6. Monitor the voluntary and faithful compliance of the quitclaimdocumentasproofoffullcompliance.
RFA; settlementagreement. e. In
case of non-compliance — The requesting party may file an
b. Succeeding — as many within the 30 day mandatory C-M c. Pre-termination action for enforcement with the NLRC/POEA/DOLE Regional
period; Office.
1. Writtenwithdrawalbytherequestingparty;
c. Resetting—G
R:notallowed; f. For enforcement through DOLE RO the requesting party may
2. Non-appearance of either parties in two (2) consecutive
request for
the
issuance of a writ of execution or the conduct of
EXC: reasonable ground, concurred by other party. In such case, scheduledconferencesdespiteduenotices;or compliancevisit.
the conference shall be
held
not
later
than
3 calendar days
fromoriginalsched;
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registered mail/private couriers with the Regional Branch
2.Conciliationasdistinguishedfrommediation Casesarisingfrominterpretationorenforcement
havingjurisdictionovertheworkplaceoftheunionmembers. ofcompanypersonnelpolicies
a) Conciliation — is a mild form of intervention by a neutral
3) Conversion of Notice Strike/Lockout to Preventive
third party, the Conciliator-Mediator, who relying on his Art AllotherlabordisputesincludingULPand
Mediation — in converting a notice of strike or
lockout
to
a
persuasive expertise, takes an active role in assisting parties by 262 bargainingdeadlocks,u ponagreementofthe
preventive mediation case the following guidelines shall be
trying to keep disputants talking, facilitating other
procedural parties
observed:
niceties, carrying messages back and forth between the parties,
and
generally being a good fellow who tries to keep things calm a) Clearly determine whether the issue/s raised is/are SOLE Art Within24hoursfromknowledgeofanoccurrence
validground/sforNS/L; 263(g) ofalabordisputecausingorlikelytocausea
andforward-lookinginatensesituation.
strikeorlockoutinanindustryi ndispensableto
b) Mediation — is a mild intervention by a neutral third
party, b) If
conversion is
warranted,
a written recommendation thenationalinterest,SOLEmayassume
the Conciliator-Mediator, who advises the parties or offers from the Conciliator-Mediator handling the case is jurisdiction,decideonthedisputeo rcertifythe
solutions or
alternatives to
the
problems with the
end in view required, after due consultation with the Branch sametoNLRCforc ompulsoryarbitration.
of assisting them towards voluntarily reaching their own Director;
mutuallyacceptablesettlementofthedispute. c) The written recommendation must be formally 1) Art 129. The RD or any of the duly authorized hearing
endorsedtotheBranchDirectorforapproval; officers of DOLE have jurisdiction over claims for recovery of
3.P
reventivemediation wages, simple money claims and other benefits, provided
d) The conversion shall be done before the cooling-off
Preventive
Mediation
Cases
refer to labor disputes which are that:
periodexpires;
the subject of a formal or informal request for conciliation and a) ClaimarisesfromER-EERelationship;
mediation assistance sought by either or both parties
or
upon
the e) Parties concerned must be formally notified of the
action taken by the Regional Branch through a letter b) Claimantdoesnotseekreinstatement;
initiativeoftheBoard.
signed by the Conciliator-Mediator handling the case c) Aggregatemoneyclaimofeach<=P5K.
1) Who may file
a request for Preventive Mediation, Notice of
andapprovedbytheBranchDirector; 2) ARTICLE 268. [256] Representation Issue in Organized
Strike or Lockout. — the following may file a request for
preventivemediation,noticeofstrikeorlockout: f) The notice shall be dropped from the
dockets
and
to Establishments. — In organized establishments, when a
berenumberedasapreventivemediationcase;and verified petition questioning the majority status of the
a) The president or any authorized representative of a
g) A conference shall be immediately set by the incumbent bargaining agent is
filed
by
any legitimate labor
certified or duly
recognized bargaining
representative
concernedConciliator-Mediator. organization including a national union or federation which has
in cases of bargaining deadlocks and unfair labor
already issued a charter certificate to its local chapter
practices.
G.DOLERegionalDirectors participating in the certification election or a local chapter
b) In the absence of a certified or duly recognized which has been issued a charter certificate by the national
bargaining representative, the president or any 1.Jurisdiction union or federation before the Department of Labor and
authorized representative of a legitimate labor Employment within the sixty (60)-day period before the
organization in
the establishment on grounds of unfair Office Basis Jurisdiction expiration of the collective bargaining agreement, the
laborpractice. Med-Arbiter shall automatically order an election by secret
DOLE Art Recoveryofwages,simplemoneyclaimsand
c) The employer or any authorized representative in ballotxxxx
RD 129 otherbenefits
cases of bargaining deadlocks and unfair labor 3) ARTICLE 269. [257] Petitions in Unorganized
practices. VA Art Allunresolvedgrievancesarisingfromthe Establishments. — In any establishment where there is no
2) Where to file.
— A request for preventive mediation, notice of 261 interpretationandimplementationoftheCBA
certified
bargaining agent,
a CERTIFICATION ELECTION shall
exceptthosegrossi ncharacter;
strike or
lockout shall be
filed through personal
service
or
by automatically be conducted by the Med-Arbiter upon the
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filing of a petition by any legitimate labor organization, 3. SOLE may order
stoppage
of
work or suspension of operations
ExercisedbySOLEoranyofhis RDoranydulyauthorized
including a national union or federation which has already dulyauthorizedrepresentatives, hearingofficerofDOLE ofunitordepartmentconcerned;
issued a charter certificate to
its
local/chapter participating in i.e.theRD
4. Within 24 hours, a hearing shall be conducted to determine
the certification election or a local/chapter which has been
issued a charter certificate
by the
national
union or federation. AppealabletoSOLE,thentoCA AppealabletoNLRC whethersaidstoppageordershallbeliftedornot.
xxxx a. If violation is attributable to ER, he shall pay the
RecoveryofWagesandSimpleMoneyClaims wages of EEs during the period of stoppage or
4) Appeal to NLRC within 5 cal days from receipt of copy of
decision. 1. Requisites: suspensionofoperations.
5) NLRC to resolve within 10 cal days from
submission
of
last a. Claimantisanemployeeordomesticworker; b. Suspensionshouldnotexceed6
months.
pleading. b. ClaimdoesnotexceedP5K; ★ see RA 11058, Strengthening Compliance with
6) Groundsforappeal(Art229[223]) OccupationalSafety&HealthStandards;
c. Noclaimofreinstatement;
a) Primafacieevidenceofabuseofdiscretion; SEC. 23. Payment of Workers During Work Stoppage Due to
d. ClaimarosefromER-EErelationship.
Imminent Danger. — If stoppage of work due to imminent
b) Decision, order or award secured through fraud or 2. Employeefilesap
ro-formacomplaintwiththeRD; danger occurs as a result of the employer's violation or
coercion,i ncludinggraftandcorruption; fault, the employer shall pay the workers concerned their
3. RDdocketsthecomplaintass implemoneyclaim;
c) Madepurelyonq
uestionsoflaw; wages during the period of such stoppage of work or
4. RD issues summons served upon employer as respondent,
d) Seriouserrorsinthefindingsoffacts. suspension of operations. For purposes of payment of wages
togetherwiththecopyofcomplaint;
and any other liabilities arising from a work stoppage order, the
5. ERisgiven5
calendardaystoanswer; employer is
presumed a party at
fault
if the work stoppage
2.Recoveryandadjudicatorypower
6. Afterreceivingtheanswer,RDcallsforas ummaryhearing; order is issued secondary to an imminent danger situation
VisitorialandEnforcement whichwouldimperilthelivesoftheworkers.
SimpleMoneyClaim 7. RD
decides
within 30 calendar days from date of filing of the
Power
complaint; ★ In National Mines and Allied Workers Union v. Marcopper
Art128 Art129 Mining, if the suspension of operations was ordered by a
8. ER may appeal with the NLRC within 5 calendar days from
government agency other
than the DOLE, the general "no work,
receiptofdecision.Appealmustbewithcashorsecuritybond.
Policepower-Inspectionand Quasi-judicial-Adjudication no pay" rule should prevail with respect to employees' wages
issuanceoforderstocompel throughsummaryproceedings 9. ERmaythefileMRfromanadversedecisionoftheNLRC; during the
suspension period,
subject to existing CBA terms on
compliance 10. Petition for
Certiorari
under
Rule
65 to the CA not later than 60 leavecreditsandsimilarbenefitsofemployees.
Enforcementoflaborlegislation Monetaryclaimswhichonly daysfromnotice; ★ DOLE D.O. No. 198, S. 2018, distinguished from Bona fide
ingeneral involvelaborstandardslaw 11. Appeal by certiorari under Rule 45 to the SC within 15
days suspensionofoperations(Art301)
fromnoticeonp urequestionsoflaw.
Offshootsofinspectionsdoneby Sworncomplaintsbyinterested ClosureofBusinessunderRA9231
laborofficersorsafetyengineers party EnforcementPoweronHealthandSafetyofWorkers DOLEDC03-09
Involvesemployeesstillin Presentorpastemployeesatthe 1. AninspectionismadeviaArt128; SOLE or RD may
order
closure
of
business
found to
have
violated
service timeofcomplaintprovidedthere 2. Non-compliance was discovered that poses grave and anyprovisionsofRA9231m orethan3times.
isnodemandforreinstatement imminent danger to the health and safety of
workers
in GR: Prior notice and hearing is required before issuance of
theworkplace. suchClosureOrder,unless:
Nomaximummonetaryamount Claimperclaimantnottoexceed
P5K EX:
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a. Violation resulted to death, insanity, or serious physical ★ Which will simply
state that
the
person holding such ★ SOLE or RD can then issue
a WRIT
OF
EXECUTION;
injurytoachildemployed; order is authorized to conduct an inspection on the Properties of employer may be levied to satisfy
b. Prostitutionorobsceneorlewdshows;or specifieddate,placeandtime. judgment.
c. Thereisimminentdangerinthelifeandlimbofachild. 3) The inspection will be implemented by a L abor and 11) Should
employer
be
able
to validly contest NIR, the proceeding
Employment Officer who will then visit the employer’s becomesadversarial:
Under any
such
circumstance,
SOLE or RD must, within 5 working
premisesandconductinspection. a) RDwillendorsethecasetoRABofNLRC;
daysfromreceiptofcomplaint,orderimmediateclosure.
a) Hemayinspectthepayroll; b) EndorsedtoLA;
A close-now-hear-later process is to be adhered which shall be
b) Employer’spremises; c) May be
appealed
to
NLRC
within
10 days from receipt
summaryinnature.
c) Interviewemployees; ofDecision;MRallowedwithin10days;
H.DepartmentofLaborandEmploymentSecretary d) ComparepaymentrecordsandconferwithEEs. d) Petition
for
Certiorari
under Rule 65 to the CA not later
4) Inspector
will
make
an
INSPECTION REPORT should there be than60daysfromnotice;
1.Jurisdiction
violationornon-compliance. e) Appeal by
certiorari
under Rule 45 to the SC within 15
ARTICLE278.Strikes,Picketing,andLockouts.xxxx a) EmbodiedinaNOTICEOFINSPECTIONRESULTS; daysfromnoticeonp urequestionsoflaw.
(g) When, in his opinion, there exists a labor dispute causing or b) Allviolationswillbeenumeratedtherein. see DOLE D.O. No. 183, S. 2017 Revised Rules on the
likely to cause a strike
or
lockout in
an industry indispensable Administration&EnforcementofLaborLaws
5) Employeristheninformedoftheresultsoftheinspection;
to the national interest, the S OLE may assume jurisdiction over ThreeModesofImplementation:
the dispute and decide it
or
certify
the same to
the
Commission for 6) Employer is given the opportunity to comply within 7 days;
a. RoutineInspection;
compulsoryarbitration.xxxx OR
7) Employer may contest the
NIR
and
raise
issues which
cannot b. ComplaintInspection;
(h)
Before
or
at
any
stage
of
the
compulsory
arbitration
process, the
partiesmayopttosubmittheirdisputetov
oluntaryarbitration. be resolved without considering DOCUMENTARY PROOFS that c. OccupationalSafetyandHealthStandardsInvestigation.
arenotverifiableinthenormalcourseoftheinspection; AuthorizedRepresentativesofEmployer/Employees
(i)
The
SOLE, the Commission or
the voluntary arbitrator or panel of
voluntary arbitrators shall decide or resolve the dispute within ★ Shall raise such objections during the hearing of the 1) Organized Establishment — designated by the sole and
thirty (30) calendar days from the date of the assumption of caseoratanytimeafterreceiptofNIR. exclusivebargainingagent;
jurisdiction or the certification or
submission of the dispute, as 8) Should the
employer fail
to
contest,
as
well
as
fails
to
comply 2) Unorganized Establishment — any rank-and-file employee or
the case may be. The decision of the President, the SOLE, the totheNIR,RDwillthenissueanO RDEROFCOMPLIANCE; representative from any of the following Committees in
Commission or the voluntary arbitrator shall
be
final
and
executory
9) Employerhasthefollowingremediesfromsaidorder: successiveorder:
ten(10)calendardaysafterreceiptthereofbytheparties.
a) AppealtoSOLEwithin1
0calendardays,withbond; a)Labor-ManagementCommittee;
2.Visitorialandenforcementpowers b) Motion for reconsideration with the RD within 7 b)ComplianceCommittee;
calendardays; c)Safety&HealthCommittee;or
1) Thereisar eportonnon-complianceofemployer;
c) If beyond 7 but not beyond 10 days, considered an d)FamilyWelfareCommittee
2) Upon receipt by SOLE or RD, there will be an ORDER OF
appealfromRDtoSOLE.
INSPECTION; PriorityEstablishment/WorkplaceinRoutineInspection
10) Failure
to
file
MR
within
reglementary
period
will
make
order
a. Engagedinhazardouswork
FINALANDEXECUTORY.
b. Employingchildren
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c. Engagedincontractingarrangement of
the
DOLE
exists
to
insure
its
expeditious
delivery
to
him
free of
4.Remedies
charge.
d. Employing10ormoreemployees The findings of the DOLE, may still
be
questioned through a
★ ExceptionclauseofArt128
e. Such other
establishments
or
industries
as
may be determined petition for certiorari under Rule 65 of the Rules of Court.
In Meteoro v. Creative Creatures, respondent contested the NOTtotheNLRC,buttotheCA.
bytheDOLE/Secretary
findings of the labor
inspector during
and after
the inspection
and
InstancesforComplaintInspection
raised issues the
resolution of
which
necessitated the examination I.VoluntaryArbitrator
1) WhenthereisaSeNareferral of evidentiary matters not verifiable in the normal course of
2) Whenthereisananonymouscomplaint inspection. Hence, the Regional Director was divested of CompulsoryvsVoluntaryArbitration
jurisdiction and should have
endorsed the
case
to
the appropriate
3) When there is a request in a conciliation-mediation Compulsory Voluntary
ArbitrationBranchoftheNLRC.
proceedings at the NCMB to validate or verify violation of labor
standards. RequisitesinIssuanceofComplianceOrder Definition Thelawd eclaresthe Contractualproceeding
1. The alleged violator must first be heard and given adequate disputesubjectto whereintheparties,toobtaina
★ In
People’s Broadcasting Service v. SOLE 2012 En Banc, the issue
arbitration, speedyandinexpensivefinal
was WON the SOLE, in exercising his visitorial power, can opportunitytopresentevidence;
regardlessofconsent dispositionofthematter,
determinetheexistenceofER-EErelationship.YES. 2. Evidence presented must be duly considered before any selectajudgeoftheirown
oftheparties.
If
a complaint is
brought before the
DOLE to give effect to the labor decisionisreached; choiceandbyconsent,submit
theircontroversytohim.
standards provisions of the Labor Code or
other
labor legislation, 3. Decision based on substantial evidence which means
and there is a finding by the DOLE that there is an existing adequateforareasonablemindtosupportaconclusion; Doneby LaborArbiter, VoluntaryArbitrator,an
employer-employee relationship, the DOLE exercises jurisdiction to clothedwithoriginal impartial3rdpersonnamedby
4. Decision based on
evidence
presented or
at
least
contained
in
theexclusionoftheNLRC. andexclusive bothparties
therecordsdisclosedtotheparties;
If
the DOLE finds that there is
no employer-employee relationship, jurisdiction(Art
5. Decision is that of the decision-making authority and not by 217)
the jurisdiction is properly with the NLRC. If a complaint is
filed
meresubordinates;and
with the DOLE, and it
is
accompanied by a claim for reinstatement, Nature Adversarial;initiated Maybedonepriortoorduring
the jurisdiction is properly with the Labor Arbiter, under Art. 6. Decision should explain the issues involved and the reasons byacomplaint. compulsoryarbitration;
217(3) of the Labor Code, which provides that the Labor Arbiter has forthedecisionrendered. (B5-R19-S5)
original and exclusive jurisdiction over those cases involving Settlementoflabor
3.Powertosuspendeffectsoftermination
wages, rates of
pay, hours of
work, and other terms and conditions disputesbya Privatejudicialsystem;
of employment, if accompanied by a claim for reinstatement. If
a government
ARTICLE292.MiscellaneousProvisions.— xxxx
agency. Non-litigious,notgovernedby
complaint is filed with the NLRC, and there is still an existing
(b) xxxx The Secretary of the Department of
Labor and Employment technicalROC,butstill
employer-employee relationship, the jurisdiction is properly with
may suspend the
effects of the termination pending resolution of observesd ueprocess.
theDOLE.
the dispute in the event of a prima facie
finding by the
appropriate
It is conceded that if there is no employer-employee relationship, Initiated Complaint;tobe a) Submissionagreement;
official of the DOLE before whom such dispute is pending that the
whether it has been terminated or
it
has not existed from the by answeredbyother b) DemandorNotice,
termination party. invokingaCBAclause;
start,theDOLEhasnojurisdiction.
c) Orboth
★ In Balladares v.
Peak Ventures, the worker need not litigate to get 1. maycauseaseriouslabordisputeor
what legally belongs to him, for
the whole enforcement machinery 2. isinimplementationofamasslay-off. Appealto NLRC,whomerelyreviewsforerrorsoffactorlaw.
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1.Jurisdiction 3. wage distortion issues arising from the application of any (i) An
employee
shall present this grievance or complaint
wageordersinorganizedestablishments, orally or in writing to the shop steward. Upon
ARTICLE 274. Jurisdiction of Voluntary Arbitrators and Panel of
4. unresolved grievances arising from the interpretation and receipt
thereof,
the
shop
steward
shall
verify
the facts
Voluntary Arbitrators. — The Voluntary Arbitrator or panel of
implementation of the productivity incentive programs anddeterminewhetherornotthegrievanceisvalid.
Voluntary Arbitrators shall have original and exclusive
jurisdictiontohearanddecide underR.A.6971. (ii) If the grievance is valid, the shop steward shall
Concurrent. All other labor disputes including ULP and bargaining immediately bring the complaint to the employee's
1. all unresolved grievances arising from the
deadlocks,u
ponagreementoftheparties. immediate supervisor. The shop steward, the
interpretationorimplementationoftheCBAand
employee and his immediate supervisor shall exert
2. those arising from the interpretation or enforcement
of Before or at any stage of compulsory arbitration, parties may opt to
effortstosettlethegrievanceattheirlevel.
companypersonnelpolicies. submittoVAinstead.
(iii) If no settlement is reached, the grievance shall be
Accordingly, violations of a CBA, except those which are gross in Powersanddutiesofvoluntaryarbitrator referred to the grievance committee which shall have
character,
shall
no
longer
be treated as unfair labor practice and shall The VA shall exert best efforts to conciliate and mediate or aid the ten(10)daystodecidethecase.
beresolvedasg
rievancesu ndertheCBA. parties in reaching a voluntary settlement of the dispute, before Where the issue involves or arises from the
For purposes of this article, gross violations of CBA shall mean proceedingwitharbitration. interpretation or
implementation of
a provision in the
flagrant and/or malicious refusal to comply with the economic Itishis/herdutytoencouragepartiestoenterintos tipulationoffacts. collective bargaining agreement, or from any order,
provisionsofsuchagreement.
He/Sheshallhavethefollowingp
owers: memorandum, circular or assignment issued by the
The Commission, its Regional Offices
and the Regional
Directors of appropriate authority in the establishment, and such
the DOLE shall not entertain disputes, grievances or matters under 1. Requireanypersontoattendhearing/s;
issue cannot be resolved at the level of the shop
the exclusive and original jurisdiction
of
the Voluntary
Arbitrator
or 2. Subpoenawitnessesandreceivedocuments; steward or
the
supervisor, the same may be
referred
panel of Voluntary Arbitrators and shall immediately dispose and immediatelytothegrievancecommittee.
3. Takewhatevernecessaryactiontoresolvetheissue;
refer the same to the Grievance Machinery or
Voluntary
Arbitration
4. Issueawritofexecutiontoenforcefinaldecision. (d) Workplacecooperation(labor-managementcouncil)
providedintheCBA.
Established to enable the
workers
to
participate
in
policy
and
Frameworkofalternativedisputeresolutionfordispute
decision-making processes in the establishment, insofar as
ARTICLE 275. Jurisdiction over Other Labor Disputes. — The prevention:
said processes will directly affect their rights, benefits and
Voluntary Arbitrator or panel of Voluntary Arbitrators, upon (a) Conciliation-mediation welfare, except those which are covered by collective
agreement of
the
parties, shall also hear and decide all other labor
(b) Voluntaryarbitration bargainingagreementsoraretraditionalareasofbargaining.
disputesincludingunfairlaborpracticesandbargainingdeadlocks.
a mode of settling labor management disputes by which the It
may
assist
in
the
formulation
and
development
of
programs
Exclusiveandoriginal: parties select a competent, trained and impartial person who and projects on productivity, occupational safety and health,
1. all
unresolved grievances arising from the implementation or shall decide on the merits of the case and whose decision
is improvement of quality of work life, product quality
final,executoryandbinding. improvement,andothersimilarscheme.
interpretation of the collective bargaining agreements
and Arbitration is the submission of a dispute to an impartial (e) Employee involvement (EI) and employee participation
2. those arising from the interpretation or enforcement of third person for determination on the basis of evidence and (EP)schemes
companypersonnelpolicies argumentsoftheparties. Workers shall have the right to participate in policy and
(c) Grievancehandling decision-making processes of the establishment where they are
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 120of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
employed insofar as said processes will directly affect their 2. thechosenarbitratorand shall
meet
to
resolve
the
dispute,
and
may
seek
the assistance of the
rights,benefitsandwelfare.(A rt267)
3. stipulationtoabidebyandcomplywiththeresolution NCMBoftheDOLEforsuchpurpose.
There are three levels in which employees could influence Any dispute which remains unresolved within twenty (20) days
4. includingthecostofarbitration.
managementintheirdecision-making: from the
time
of
its submission to the labor-management committee
Notice to arbitrate is
a formal
demand
made
by
one
party
to
the shall
be
submitted for voluntary arbitration in line with the pertinent
1. Corporatelevel;
otherforthearbitrationofaparticulardispute. provisionsoftheLaborCode,asamended.
2. PlantorDepartmentlevel;
Arbitration clause is a provision in the CBA requiring that The
productivity incentives program shall include the name(s) of the
3. Shop-floorlevel-operatingdecisions.
unresolvedgrievancesberesolvedbyVA. voluntary arbitrator or panel of voluntary arbitrators previously
(f) CollectiveBargaining chosenandagreeduponbythelabor-managementcommittee.
Grievancemachinery;Unresolvedgrievances
Performance of a mutual obligation to meet and convene
Refers to the
internal rules
of procedures established by the parties Productivity incentive program refers to a formal agreement
promptly and expeditiously in
good faith for the purpose of
in their CBA with voluntary arbitration as the terminal step, established by the labor-management committee containing a
negotiating an
agreement with
respect to
wages, hours of work
which are intended to resolve all issues arising from the processthatwill
and all other terms and conditions of employment including
implementation and interpretation of their collective agreement and
proposals for adjusting any grievances or questions arising 1. promotegainfulemployment,
thecompanypersonnelpoliciesorcompanyrulesandregulations.
under such agreement and executing a contract incorporating 2. improveworkingconditionsand
such agreements if requested by either party but such duty CompanyPersonnelPolicies
3. resultinincreasedproductivity,
does not compel any party to agree to a proposal or
to
make Company personnel policies are guiding principles stated in
anyconcession. 4. includingcostsavings,
broad, long-range terms that express the philosophy or beliefs of
Grievance;ConceptandScope an organization’s top authority regarding personnel matters. They whereby the employees are granted salary bonuses proportionate to
dealwithmatters increases in
current
productivity
over
the average for the preceding
Referstoanyquestionbyeithertheemployerortheunionregarding
1. Affectingefficiencyandwell-beingofemployeesand three(3)consecutiveyears.Theagreementshallber atifiedb y
1. the interpretation or implementation of any provision of the
2. Includetheproceduresintheadministrationof 1. atleastamajorityoftheemployees
collectivebargainingagreementor
a. Wages, 2. who have rendered at least six (6) months
of
continuous
2. interpretation
or
enforcement of company personnel policies
service.
or b. Benefits,
3. any claim by either party
that
the
other
party
is
violating
any Grievanceprocedure;Grievancecommittee
c. Promotions,
provisionoftheCBAorcompanypersonnelpolicies. All parties to the
dispute
shall
be
entitled
to
attend
the
arbitration
d. Transferandotherpersonnelmovement.
It is a complaint arising from such
other
controversy
involving
ER-EE proceedings. The attendance of any
third
party or
the
exclusion
of
WhicharenotspelledoutintheCBA. any witness from the proceedings shall be determined by the
relationship.
Disputesinvolvingproductivityincentiveprograms
voluntary arbitrator or
panel
of
voluntary arbitrators. Hearing may
Submissionagreement;Noticetoarbitrate;Arbitration
beadjournedforcauseoruponagreementbytheparties.
clause underRA6971ortheProductivityIncentivesAct
Unless the parties agree otherwise, it shall be mandatory for the
Submission agreement is a written agreement by the parties SEC. 9. Disputes and Grievances. — Whenever disputes,
grievances, voluntary arbitrator or panel of voluntary arbitrators to
render an
submittingtheircaseforarbitrationcontaining other matters arise
from the
interpretation
or
implementation of
the award or decision within twenty (20)
calendar days
from the
date
1. theissues, productivity incentives program, the labor-management committee ofsubmissionforresolution.
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 121of122
LaborLawandSocialLegislation REVIEWER Forthe2020/21#BestBarEver
In the absence of applicable provision in the CBA, a grievance the
decision
by
the
parties
and it shall not be subject of a motion
discretion in their official acts is properly raised in petitions for
committeeshallbe forreconsideration.S eeGuaguacasebelow. certiorari.
1. created
within
ten
(10)
days
from
signing
of the collective 2.Remedies Accordingly, the decisions and awards of Voluntary Arbitrators, albeit
immediately final and
executory, remained subject
to
judicial review
bargainingagreement; The
petition
for
review
shall
be within
filed 15
days
pursuant inappropriatecasesthroughpetitionsforcertiorari.
2. shall
be
composed
of
at
least
two
(2) representatives each to Section 4, Rules 43 of the Rules of Court; the 10-day period
from
the
members
of the bargaining unit and the employer, under Article 276
of
the
Labor Code refers to the filing of a motion
J.PrescriptionofActions
unlesso therwiseagreeduponbytheparties. for reconsideration vis-à-vis the
Voluntary Arbitrator's decision or
award.
Designation,orappointmentofvoluntaryarbitrator; a. Illegal
dismissal
— In
illegal
dismissal
cases,
the
EE is given
Rule45,procedurebeforetheSC. a period of FOUR (4) YEARS from the time of his illegal
Unresolved grievances will be referred to voluntary arbitration
GuaguaNationalCollegesv.CA2018EnBanc dismissal within which to institute the complaint (Art 1146,
and for this
purpose,
parties
to
a CBA
shall name
and
designate
in
NCC);
advance The
10-day period stated in
Article
276 should be understood as the
period within which the
party adversely affected by the
ruling of the b. Money
claims
— THREE
(3)
YEARS
from
the
time the action
1. avoluntaryarbitratoror
Voluntary Arbitrators or Panel of Arbitrators may file
a motion for accrued;
2. panelofvoluntaryarbitrators,or reconsideration. Only after the resolution of the motion for
c. UnfairLaborPractice—ONE(1)YEARf romaccrual;
reconsideration may the aggrieved party appeal to the CA by filing the
3. include in the agreement a procedure for the
selection
of
petition for review under Rule 43 of the Rules of Court within 15 d. PenalprovisionsunderLC—THREE(3)YEARS;
such
voluntary
arbitrator
or panel of voluntary arbitrators, daysfromnoticepursuanttoSection4ofRule43.
preferably from the listing of qualified voluntary e. IllegalRecruitment.—F
IVE(5)years:
WON the
period to appeal to the CA via Rule 43 is 15 days and not 10
arbitratorsdulyaccreditedbytheBoard. dayssetbyArt276oftheLaborCode. If economic
involving sabotage shall prescribe in twenty
Ad-hocandpermanent YES. The petition for review shall be filed within 15 days pursuant to (20)years.
a. Permanent arbitrator is the VA specifically named in the Section 4, Rules 43 of the Rules of Court; the 10-day period under
f. ExecutionofJudgment-F
IVE(5)YEARS.
CBA; Article 276 of the Labor Code refers to the filing of a motion for
reconsideration vis-à-vis the Voluntary Arbitrator's decision or For
complaint
of
illegal
dismissal
with money claims, the action
b. Ad-hoc arbitrator is the VA chosen by the parties in award. for
money claim shall
still
prescribe
in
3 years, although
it is only
accordance with
No.
3 above,
or
in
case
either party refuses to Voluntary arbitration decisions or awards would be final, an accessory to
the
principal complaint
of illegal
dismissal which
submittovoluntaryarbitration. unappealable and executory. Despite such immediately executory prescribesin4years.
nature of the decisions and awards of the Voluntary Arbitrators,
Natureofproceedings however, the Court pronounced in Oceanic Bic Division (FFW) v. BackwagesasareliefforillegaldismissalisIMPRESCRIPTIBLE.
The proceedings before a voluntary arbitrator are non-litigious in Romero that the decisions or awards of the Voluntary Arbitrators Separationpayisakintomoneyclaims.
involving interpretations of
law were
within the scope
of the Court's
nature.
They
are
not governed by technical rules applicable to court
powerofreview.
or
judicial
proceedings, but they must, at all times, comply with the
A voluntary arbitrator by the nature of her functions acts in a
requirementsofdueprocess. quasi-judicial capacity. There is no reason why her decisions
Decisionofvoluntaryarbitrator,andprohibitedmotion involving interpretation of
law should be beyond this Court's review.
Administrative officials are presumed to
act
in
accordance with
law
THE decision of THE voluntary arbitrator SHALL BE final and and yet
we do
not
hesitate to pass upon
their work where a question
executory
after
ten
(10)
calendar
days from receipt of the copy of of law is involved or where a showing of abuse of authority or
BasedontheLecturesofA
tty.Marquez❤
B
ooksofAzucena,Kato,Poquiz ByRGL 122of122
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