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SAN BEDA UNIVERSITY

COLLEGE OF LAW
COURSE SYLLABUS

COURSE CODE:

COURSE TITLE: LABOR LAW REVIEW

COURSE CREDIT: 2 UNITS

COURSE PREREQUISITE/S: N/A

FACULTY:

EMAIL ADDRESS:

TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2021-2022

DAY/TIME/ROOM/SECTION:

COURSE DELIVERY MODE: FULL ONLINE

CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A general review of all laws affecting labor standards and labor relations.

COURSE GOALS: Expected College of Law Graduate Attributes (“ELGAs”)

(A) Know and understand the laws; (B) Memorize provisions; (C) Develop: (i)
critical and analytical thinking; (ii) proficiency in written and oral communication;
and (iii) logical reasoning and sound judgment; and (D) Exercise proper
professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (“LOs”):

1. Knowledge/Remembering: define, list, recognize


2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

ELGAs LEARNING OUTCOMES (LOs)


Critical and analytical LO1. Explain the pertinent labor law provisions and apply these to
thinking specific factual situations.
Effective in written and LO2. Analyze the assigned cases and derive the applicable doctrines
oral communication enunciated therein.
Logical reasoning LO4. Utilize legal research tools to gather pieces of information that aid
Sound judgment in the analysis of legal issues in drafting a research paper
Exercise of proper
professional and ethical
responsibilities

1
ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
(Weight is based
Requirements Based on the Learning Outcomes Scope of Work
on the
(“LO”) (Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Discussion Individual
LO3 Individual
LO4 - Research Paper, Case Study

Class standing before Midterms Individual 16.67%


Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100%

LEARNING PLAN:

LEARNING
WEEK/
LEARNING METHODS
DATE
RESOURCES (activities
(Schedule
(print and designed or
TOPIC/CONTENT of each
non-print deployed by
(arrangement or sequence of the major topics is Topic,
materials and the teacher to
based on a logical order) Assign,
online/ bring about,
Exam for
open-access or create the
the entire
resources) conditions for
semester)
learning)

Course Introduction
• Course overview Syllabus Lecture
• Course assignments
• Course requirements Discussion

MODULE 1:

I. Fundamental Principles (Articles 1-6 of the


Labor Code)

A. Legal Basis Recitation


1. 1987 Constitution Syllabus
2. Civil Code
Case Study
3. Labor Code
B. State policy towards labor Textbooks
1. Security of tenure Discussion
2. Social justice Supreme Court
3. Equal work opportunities Decisions
4. Right to self-organization and
collective bargaining
5. Construction in favor of labor
6. Burden of proof and quantum of
evidence

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II. Article 219 (formerly Article 212)

Definition of Labor Dispute


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

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

III. Article 224 (formerly Article 217)

Jurisdiction of Labor Arbiter

Pondoc v. NLRC, October 3, 1996


Villamaria v. CA, April 19, 2006
Mendoza v. Officers of Manila Water Employee’s
Union, January 25, 2016 (ULP)
Atlas Farms v. NLRC, November 18, 2002
(Termination Dispute)
Negros Metal v. Lamayo, August 25, 2010
(Termination Dispute)
Vivero v. CA, October 24, 2000 (Termination
Dispute)
University of Immaculate Concepcion v. NLRC,
January 26, 2011 (Termination Dispute)
Austria v. NLRC, August 16, 1999 (Termination
Dispute) (priest)
Reyes v. RTC Makati Branch 42, August 11, 2008
(Termination Dispute)
Locsin v. Nissan Lease Philippines October 20,
2010 (Intracorporate dispute)
Weslayan University v. Maglaya, January 23, 2017
(Termination Dispute)
Cacho v. Balagtas, February 7, 2018 (Termination
Dispute)
Paredes v. Feed the Children Philippines,
September 9, 2015 (damages)
Lunzaga v. Albar Shipping, April 18, 2012
(damages)
Santos v. Servier Philippines Inc. November 28,
2008 (Tax deduction) (damages)
World’s Best Gas v. Vital, September 9, 2015
(damages)
Halaguena v. PAL October 2, 2009 (damages)
Pepsi Cola v. Gal-lang, September 24, 1991
(damages)
Banez v. Valdevilla, May 9, 2000 (damages)
Milan v. NLRC, February 4, 2015 (damages)
Amecos Innovations v. Lopez, July 2, 2014
(damages)
PAL v. ALPAP, February 26, 2018 (damages)
Dai-chi Electronics v. Villarama, November 21,
1994 (damages)
People’s Broadcasting Service v. Sec of Labor,
March 6, 2012 (DOLE can determine existence of
EE Rel and summary on Articles 128, 129 and 224)

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Ex-Bataan Veterans Security Agency v.
Sec.Laguesma, November 20, 2007 (in relation to
Articles 128 and 129)
Meteoro v. Creative Creatures, July 13, 2009 (in
relations to Articles 128 and 129)
Okol v. Slimmers World December 11, 2009
Santiago v. CF Sharp Crew Management , July 10,
2007 (OFW)
Industrial Personnel and Management Services v.
De Vera, March 7, 2016 (OFW)
Ace Navigation v. Fernandez, October 10, 2012
(OFW)
Estate of Nelson Dulay v. Aboitiz Jebsen Maritime
(OFW)
LRTA v. Alvarez, November 18, 2016 (related to
GOCC)
GSIS v. NLRC, November 17, 2010 (related to
GOCC)
Duty Free Phils. V. Mojica, September 30, 2005
(related to GOCC)
WPP Marketing Comunications v. Galera, March
25, 2010 (with foreign element)
Pakistan International Airlines v. Ople, September
28, 1990 (with foreign element)
PNB v. Cabansag, June 21, 2005 (with foreign
element)
Manila Hotel v. NLRC, October 13, 2000 (with
foreign element)
Saudi Arabian Airlines v. Rebesencio, January 14,
2015 (with foreign element)
Continental Micronesia v. Basco, September 23,
2015 (with foreign element)
Kawachi v. Del Quero, March 27, 2007
(reasonable causal connection rule)
Perpetual Help Credit Cooperative Inc. v.
Faburada, October 8, 2001(in relation to
cooperatives)
7K Corp. V. Albanco, June 26, 2013
Kawachi et. al. v. Del Quero, March 27, 2007
(reasonable causal connection)
San Miguel v. Semillano, July 5, 2010 (in relation
to cooperatives)
Ellao v. BATELEC, July 9, 2010 (in relation to
cooperatives)
Comscentre v. Ricio, January 22, 2020 (refund of
employment bond)
Gemudiano v. Naess Shipping, January 20, 2020
Pasay City Alliance Church v. Benito, November
28, 2019
Tumaodos v. San Miguel, February 15, 2020

√ Including the following:

- D.O. No. 151-16


- R.A. 10396 (SENA)
- 2011 NLRC Rules of Procedure (as amended) with
the 2019 amendments
- En Banc Resolution 03-20 Series of 2020 (Interim
Amendment to the 2011 NLRC Rules)
- NLRC Manual on Execution
- NLRC Sheriff’s Manual

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- NLRC En Banc Resolution 1-19 (S19) Double
indemnity against employer who refuses to pa
- NLRC En Banc Resolution 3-19 (S19) Non
payment of fees
- Zonio v. 88 Aces Maritime Services , October 16,
2019
(for prescription of action)

IV. Article 225 (formerly Article 218)

1. PAL v. NLRC, March 20, 1998


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

V. Article 227 (formerly Article 221)

1. Meralco v. Gala, March 7, 2012


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

VI. Article 229 (formerly Article 223)

0.
1. GBMLT Manpower v. Malinao, July 6, 2015
2. Orozco v. CA, April 29, 2005
3. Lepanto Consolidated Mining v. Icao, January 15,
2014
4. Forever Security v. Flores, September 7, 2007
5. UERM- Memorial Medical Center v. NLRC,
March 3, 1997
6. Manila Mining v. Amor , April 20, 2015
7. Banahaw Broadcasting v. Pacana, May 30, 2011
8. Mc Burnie v. Ganzon, October 17, 2013
9. Sara Lee Phils. V. Macatlang, January 14, 2015
10. AFP General Insurance v. Molina, June 30, 2008
11. Islriz Trading v. Capade et. al. January 31, 2011
(payment of accrued salaries pending appeal before
the NLRC)
12. FSFI v. NLRC, December 11, 2003
13. Buenaobra v. Lim King Guan, January 20, 2004
14. Bergonio v. SEAIR, April 21, 2014 (accrued
wages).
15. Loon v. Power Master , December 11, 2013.
16. Waterfront Cebu City Casino v. Ledesma, March
25, 2015. (Rule 65)
17. Balite v. SSS Ventures, February 4, 2015
18. Turks Shawarama v. Pajaron, January 16, 2017

Reinstatement Aspect of LA’s Decision

Pioneer Texturizing Corporation v. NLRC, 1997


case
Roquero v. PAL, 2 April 2004

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

VII. Article 230 (formerly Article 224)

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


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

VIII. Reliefs against judgments/ decisions rendered


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

IX. Seafarer’s Protection Act and its IRR D.O. No.


153-16

X. Article 232 (formerly Article 226)

Employees Union of Bayer Phils. v. Bayer Phils,


Dec. 6, 2010
Montaño v. Verceles, July 26, 2010
Diokno et al., v. Cacdac, July 4, 2007
La Tondeña Workers Union v. Secretary of Labor,
December 9, 1994
Abbot Laboratories v. Abbot Laboratories
Employee Union, January 26, 2000
Takata Corporation v. BLR, June 4, 2014

XI. Article 233 (formerly Article 227)

Magbuana v. Uy, May 6, 2005

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

XII. Article 238 (formerly Article 232)

Colegio De San Juan De Letran v. Association of


Employees and Faculty of Letran et. al, September 18, 2000

MODULE 2

I. Article 240 (formerly Article 234)

Mariwasa Siam Ceramics, Inc. v. Sec of Labor, December


21, 2009
Electromat Manufacturing and Recording Corporation v.
Lagunzad et. al., July 27, 2011 (only related to Article 234)
Eagle Ridge Golf and Country Club v. CA, March 18, 2010
(old law)

Certificate of Registration of a Labor Organization

1. Tagaytay Highlands International Golf Club Inc. v.


Tagaytay Highlands Employees Union PGTWO,
January 22, 2003
2. SS Ventures International Inc. v. SS Ventures
Labor Union, July 23, 2008
Syllabus
Recitation
II. Articles 245-248 (formerly Articles238-239) Textbooks
Case Study
Heritage Hotel Manila v. NUWHRAIN-HHMSC, January Supreme Court
12, 2011 Discussion
Decisions
Republic of the Phils. v. Kawashima Textile
Manufacturing, July 23, 2008

III. Article 250 (formerly Article 241)

Del Pilar Academy et. al. v. Del Pilar Academy’s


Employee’s Union , April 30, 2008
Edgardo Marino Jr. et. al. v. Gamilia, July 7, 2009
Ergonomic Systems Phil Inc. v. Enase, December 13, 2017

IV. Article 251 (formerly Article 242)

Heritage Hotel Manila v. NUWHRAIN-HHMSC, January


12, 2011
Abaria v. NLRC, December 7, 2011
Peninsula Employees Union v. Esquivel, December 1, 2016
Ergonomic Systems v. Enaje, December 13, 2017
(affiliation and disaffiliation)

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Nature of CBA

1. Weslayan University Phils. v. Weslayan University


Philippines Faculty and Staff Association, March 12, 2014

V. Article 253 (formerly Article 243)

Samahan ng Mangagawa sa Hanjin Shipyard v. BLR,


October 14, 2015
United Pepsi Cola Supervisory Union v. Laguesma, March
25, 1998
Metrolab Industries v. Confesor, February 28, 1996
San Miguel Foods v. San Miguel Corporation Supervisors
and Exempt Union, August 1, 2011

VI. Article 255 (formerly Article 245)

SMCC v. Charter Chemical and Coating Corp., March 16,


2011
Cathay Pacific Steel Corp. V. CA, August 30, 2003
AIM v. AIM Faculty Association, January 23, 2017

VII. Article 256 (formerly 245-A)

1. Holy Child Catholic School v. Sto. Tomas, July 23, 2013

VIII. Articles 258-260 (formerly Articles 247-249)

T&H Shopfitters Corporation v. T&H Shopfitters Union,


February 26, 2014
Ren Transport v. NLRC, June 27, 2016
Digital Telecommunications Phils. v. Digitel Employees
Union, October 10, 2012
General Santos Coca-Cola Plant Free Workers Union Tupas
v. Coca-Cola Bottlers, Phils. Inc., February 13, 2009
UST Faculty Union v. UST April 7, 2009
Phil. Skylanders Inc. v. NLRC Jan 31, 2002
Tropical Hut Employee’s Union v. Tropical Hunt Foot
Market Inc. January 20, 1990
Purefoods Corp. v. Nagkakaisang Samahang Mangagawa
ng Purefoods Rank and File, August 28, 2008
De la Salle University v. DLSUEA-NAFTEU, April 7,
2009
MSMG_UWP v. Ramos, February 28, 2000
Alabang Country Club v. Nlrc, February 14, 2008
Standard Chartered Bank Employees union v. Confesor,
June 16, 2004
GMC v. CA, February 11, 2004
Hacienda Fatima v. NFSW Food and General Trade,
January 28, 2003
St. John Colleges Inc. v. John Academy Faculty and
Employees union October 27, 2006
Central Azucarera De Bais Employees Union NFL v.
Central Azucarera De Bais Inc. Nov 17, 2010
UFE-DFA-KMU v. Nestle Phils. Inc. March 3, 2008
Malayang Mangagawa ng Stayfast v. NLRC, August 28,
2014.
Holy Child Catholic School v. Sec of Labor, July 23, 2013.
Employee of Bayer Phils. v Bayer Phils.
SACORU v. CCBPI, October 4, 2017
SWOFLU v. Universal Robina Corp, July 5, 2017

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PEU v. Esquivel et al, December 1, 2016

MODULE 3

I. Article 263 (formerly Article 252)

UFE-DFA-KMU v. Nestle Phils. Inc. March 3,


2008
UST Faculty Union v. UST April 7, 2009
General Milling Corporation v. CA, February 2004
Kiok loy v. NLRC, January 22, 1986)
Colegio de San Juan de Letran Case (September 18,
2000)
PAL v. PALEA, March 12, 2008
FVC Labor Union v. SANAMA-FVC-SIGLO,
November 27, 2009

II. Article 265 (formerly Article 253-A)

FVC Labor Union- Phil. Transport and General


Workers Association v. SANAMA-FVC-SIGLO,
November 27, 2009
SMCEU-PTGWO v. Confesor, September 19, 1996
HBILU v. HSBC, February 28, 2018 Syllabus
Recitation
Manila Electric Co. v. Quisumbing, February 22
and August 1, 2000 (Resolutions) Textbooks
Case Study
III. Article 267 (formerly Article 255) Supreme Court
Discussion
Decisions
International School Alliance of Educators v.
Quisumbing, June 1, 2000
National Association of Free Trade Unions v.
Mainit Lumber Development Company Workers
Union, December 21, 1990

IV. Article 268 (formerly Article 256)

Picop Resources Inc. v. Dequilla et al. December 7,


2011
National Union of Workers in Hotels, Restaurants
and Allied Industries- Manila Pavillon Hotel
Chapter v. Sec of Labor, July 31, 2009
Coca Cola Bottlers v. Ilocos Professional and
Technical Employees Union, September 9, 2015

V. Articles 273-274 (formerly Articles 260-261)

Santuyo et. al. v. Remerco Garmets Manufacturing


Inc. March 22, 2010 (in relation to 217)
Teng v. Pahagac, Nov. 17, 2010

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Samahan ng mga Mangagawa sa Hyatt
(SAMASAH-NUWHRAIN) v. Magsalin, June 6,
2011
Baronda v. CA, October 14, 2015
NYK-FIL Ship Management v. Dabu, September
13, 2017
Guagua National Colleges v. CA, August 28, 2018
Octavio v. PLDT, February 27, 2013

VI. Articles 278-279 (formerly Articles 263-264)

Abaria v. NLRC, December 7, 2011


YSS Employees Union v. YSS Laboratories Inc.,
December 4, 2009
NUWHRAIN-APL-IUF Dusit Hotel Nikko Chapter
v. CA, November 11, 2008
Jackbilt Industries Inc., v. Jackbilt Employees
Workers Union-NAFLU-KMU, March 20, 2009
NCMB primer on strikes and lockouts
APAP v. PAL, June 6, 2011
Olisa et. al. v. Escario Et. al. VCMC v. Yballe,
January 15, 2014
Tavangao Shell Refinery Employees Association v.
Pilipinas Shell, April 7, 2014.
Asia Brewery Inc. v. TPMA, September 18m,
2013.
DO 40-G-3 Series of 2010
DO 40-H-3 Series of 2013
Operation Guidelines of DO 40-G-3 Series of 2010
Escario Et. al. v NLRC 2010 case (Article 264 in
rel to 279)
University of San Augustin Employees Union v.
CA, (2006 case)
Phil Diamond Hotel and Resort Inc. v. Manila
Diamond Hotel Employees Union, 494 SCRA 336
Solidbank v. Gamier, November 15, 2010
C Alcantara & Sons v. CA, September 29, 2010
and March 2012
Sukhothai Cuisine and Restaurant v. CA, 495
SCRA 336
Biflex Phils. Inc. Labor Unions v. Filflex Industrial
Manufacturing Corporation, 511 SCRA 247
Sta. Rosa Coca Cola Plant Employee’s Union v.
Coca-cola Bottlers Phils. Inc., 512 SCRA 437
Manila Hotel Employee’ Association v. Manila
Hotel Corporation 517 SCRA 349
G&S Transport Corporation v. Infante, 533 SCRA
289
Steel Corporation of the Phils. v. SCP Employees
Union National Federation of Labor Unions, 551
SCRA 595
Chris Garments Case (January 2009)
University of Immaculate Concepcion v. Sec of
Labor, September 14, 2006.
Ramirez v. Polyson Industries, October 19, 2016
Bigg’s v. Boncacas, March 6, 2019

VII. Article 290 (formerly Article 275)

1. R.A. 10395 Tripartism Law


2. D.O. No. 140-14

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VIII. Article 292 (b) [formerly Article 277 (b) ]

St. Lukes Medical Center Inc. v. Notario, October


20, 2010
Aliling v. World Express Corp., April 25, 2012
Perez v. PT&T April 9, 2009
Distribution and Control Products Inc. v. Santos,
July 10, 2017
Agabon v, NLRC, November 17, 2004
King of Kings Transport v. Mamac, June 29, 2007
Puncia v. Toyota Shaw, June 28, 2019
Jaka Food Processing v. Pacot, March 28, 2005
Abbot Laboratories v. Alcaraz, July 23, 2013

D.O. No. 147 -15

IX. Article 294 (formerly Article 279)

1. Agabon v. NLRC, November 17, 2004


2. Jaka Food Processing Corp. v. Pacot, March 28,
2005
3. Culili v. Eastern Telecommunications Phils. Feb 9,
2011
4. Serrano v. Gallant Maritime March 24, 2009)
5. Yap v. Thenamaris Ship’s Management May 30,
2011(for OFW re RA 8042 as amended by RA
10022
6. Bank of Lucbao v. Manabat, Feb 1, 2012
7. St. Mary’s Academy v. Palacio et. al. September 8,
2010 (Eg./ Limited backwages)
8. Toyota Motor Phils. Corp. Workers Association v.
NLRC, October 19, 2007
9. Bristol Myers Squibb Inc. v. Haban, December 17,
2008
10. Yrasuegui v. PAL, October 17, 2008
11. Dreamland Hotel Resort v. Johnson, March 12,
2014 (separation pay and strained relations)
12. Manila Water v. Del Rosario, January 29, 2014
(separation pay)
13. Nacar v. Gallery Frames, August 13, 2013 ( interest
rate)
14. Bani Rural Bank Inc. v. De Guzman et. al.,
November 13, 2013 ( computation)
15. Lara’s Gift & Decors v. Midtown Industrial Sales,
August 28, 2019 (revised rules on interest)
16. Session Delights v. CA, February 8, 2010
(backwages in relation to immutability of
judgment)
17. United Coconut Chemicals v. Almores, July 12,
2017 (inclusions in backwages, employer liability
in illegal dismissal done in relation to a union
security clause)
18. Universal Robina Corp. v. Castillo, July 10, 2013.
19. Baptista v. Villanueva, July 31, 2013.
20. BPI Employees Union Davao City v. BPI , July 24,
2013.
21. Integrated Microelectronics v. Pionelles, August
28, 2013.
22. Golden Ace Builders v. Talde, May 5, 2010.
23. Metroguards Security Agency Corp. v. Hilongo,
March 9, 2015.

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24. Maersk-Filipinas Crewing Inc. v. Avestruz,
February 18, 2015 (OFW)
25. Villena v. Batangas II Electric, February 4, 2015.
26. Sangwoo Phils. v. SangWoo Philippines
Employees Union, December 9, 2013
27. Papertech v. Kando, January 8, 2020 (doctrine of
strained relations)
28. Olympia Housing v. Pastora, January 13, 2016
(reinstatement no longer possible due to closure;
grant of backwages and separation pay to run up to
date of closure)
29. Claudia’s Kitchen v. Tanguin, June 28, 2017
(Separation pay in lieu of reinstatement, when
proper)
30. Dumapis v. Lepanto, September 15, 2020

MODULE 4

I. Article 295 (formerly Article 280)

Lynvil Fishing Enterprises Inc. v. Ariola, February 1, 2012


Sonza v. ABS CBN Broadcasting corp, June 10, 2004
Consolidated Broadcasting Systems Inc. v. Oberio June 8,
2007
Orozco v. CA, August 13, 2008
William Uy Construction Corp. v. Trinidad, March 10,
2010
DM Consunji Inc. v. Jamin April 18, 2012
Aro et. al. v. NLRC March 7, 2012
Universal Robina Sugar Milling Corp v. Acibo et. al,
January 15, 2014 (R. Seasonal Employees). Syllabus
GMA Network Inc. v. Pabriga, November 27, 2013. Recitation
Pasas v. PNCC, July 3, 2013. Textbooks
Gapayao v. Fulo, June 13, 2013 Case Study
Millennium Erectors Corp. v. Magallanes, November 15,
Supreme Court
2010 Discussion
Caparoso et. al. v. CA, February 15, 2007 Decisions
Spouses Lim v. Legaspi Hope Christian School et. al., March
31, 2009
DM Consunji v. Gobres et. al, August 8, 2010
Mercado et. al. v. Ama Computer College, April 13, 2010
Brent School v. Zamora (Fixed)
Pure Foods Corporation v. NLRC December 12, 1997 (term)
Leyte Geothermal Power Progressive Employees Union v.
PNOC, March 30, 2011 (project)
Salazar v. NLRC (1996 CASE)
Fonterra Brands Phil v. Lagardo, March 18, 2015 (project
employee/resignation/labor contractor)
Basan v. Coca Cola Bottles, February 4, 2015.
Convoy Marketing Corp. v. Albia, October 7, 2015.
Jamias v. NLRC, March 9, 2016
Gadia v. Sykes Asia, January 28, 2015 (project)

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Innodata Knowledge Services v. Inting, December 6, 2017
Pacific Metal Case, December 5, 2019 (Project/ Regular
Employee)
Claret School of QC v. Sinday, October 9, 2019 (fixed term
contract)
Gapayao v. Fulo, June 13, 2013 (Seasonal)
Paz v. Northern Tobacco Redrying Co. (Seasonal)
Kimberly Independent Labor Union v. Drilon, May 9, 1990
(casual)
Philippine Geothermal Inc. v. NLRC, August 30, 1990
(casual)
Samonte v. La Salle Greenhills, February 10, 2016 (fixed)

II. Management Prerogative

1. St. Luke’s Medical Center v. Sanchez, March 11, 2015


(Discipline)
2. Philippine Span Asia Carriers v. Pelayo, February 28,
2018 (discipline)
3. Zuellig Freight and Cargo System v. NLRC, July 22,
2013.
4. Peckson v. Robinsons Supermarket Corp. , July 3, 2013.
(transfer)
5. Gatbonton v. NLRC (preventive suspension), January 23,
2006
6, Automatic Appliances v. Deguidez, December 4, 2019
(transfer)
7. Telus case, December 4, 2019 (transfer, floating status,
constructive dismissal)
8. Puncia v. Toyota Shaw, June 28, 2016, (right to impose
productivity standard)
9. Duncan Association of Detailman-PTGWO v. Glaxo
Wellcome, September 17, 2004 (rule on marriage)
10. Tiu v. Platinum Plans, February 28, 2007 (post-
employment ban)
11. The Phil. Geothermal Inc v. Unocal Phil, September 28,
2016
12. SME Bank v. Peregrin, October 8, 2013

III. Article 296 (formerly Article 281)

Tamson’s Enterprises Inc.et. al. v. CA, March 16, 2011


Hacienda Primera Development Corporation v. Villegas,
April 11, 2011
Universidad De Sta. Isabel v. Sambajon, April 2, 2014
Univac Development v. Soriano, June 19, 2013.
Abbott Laboratories v. Alcaraz, July 23, 2013.
Colegio de Santisimo Rosario v. Rojo, September 4, 2013. (
Teacher)
Phil. Daily Inquirer v. Magtibay, July 24, 2007
Alcira v. NLRC, June 9, 2004
Mercado v. Ama Computer College (Probi status of fixed
term employees)
Oyster Plaza Hotel v. Melivo, October 5, 2016

IV. Article 297 (formerly Article 282)

1. Serious Misconduct
a. Imasen Philippine Corporation v. Alcon, G.R. No.
194884, 22 October 2014 (elements of

13
b. Northwest Airlines v. Del Rosario, G.R. No. 157633,
10 September 2014 (Definition of fight; fighting as serious
misconduct)
c. Citibank v. NLRC, G.R. No. 159302, 6 February
2008 (Attitude problem as serious misconduct)
d. Mirant Philippines v. Caro, G.R. No. 181490, 23
April 2014 (refusal to undergo drug test not necessarily
serious misconduct)
e. Nacague v. Sulpicio Lines, G.R. No. 172589, 9
August 2010 (required proof for dismissal for use of drugs,
drug use as serious misconduct)
f. Leus v. St. Scholastica’s College, G.R. No. 187226,
28 January 2015 (immorality)
g. Cadiz v. Brent Hosptial, February 24, 2016
h. Sterling Paper Products v. KMM-Katipunan, August
2, 2017 (invectives)
i. Maribago Resort v. Dual, July 20, 2010
j. Benitez v. Santa Fe Moving and Relocation Services
April 20, 2015.
k. Domingo v. Rayala 2008 case (sexual harassment)
l. The Coca-Cola Export Corporation v. Gacayan,
December 15, 2010
m. Holcim Phil. v. Obna, August 8, 2016
n. Waterfront Cebu City Casino Hotel v. Ledesma,
March 25, 2015 (misconduct)
o. Naguit v. San Miguel, June 22, 2015 (fighting)
p. Adamson University Faculty & Employees Union v.
Adamson University, March 9, 2020 (use of expletives as a
casual expression of surprise)

2. Gross insubordination/Willful disobedience


a. Coffee Bean and Tea Leaf v. Arenas, G.R. No.
208908, 11 March 2015
b. Lores Realty Enterprises v. Pacia, G.R. No. 171189,
9 March 2011 (good faith refusal to obey a lawful order)
c. ePacific Global Contact Center v. Cabansay, G.R.
No. 167345, 23 November 2007 (refusal to comply with
lawful order)
d. Tongko v. The Manufacturer’s Life Insurance Co.
Inc., November 7, 2008 (willful disobedience)
e. Pharmacia and Upjohn Inc. v. Albayda Jr., August
23, 2010 (refusal to be transferred)
f. St. Luke’s Medical Center v. Sanchez, March 11,
2015. (Willful disobedience)

3. Gross and habitual neglect


a. St. Luke’s Medical Center v. Notario, G.R. No.
152166, 20 October 2010 (negligence must not only be gross
but habitual, single act does not suffice)
b. LBC Express v. Mateo, G.R. No. 168215, 9 June
2009 (single act of negligence leading to loss of substantial
amount justified dismissal)
c. Mansion Printing Center v. Bitara, G.R. No.
168120, 15 January 2012 (habitual tardiness and absenteeism
as grounds for dismissal, totality of infractions)
d. Cavite Apparel v. Marquez, G.R. No. 172044, 6
February 2013 (Four absences over six month period, not

14
gross and habitual neglect, dismissal not commensurate to
the infraction)
e. Manarpiis v. Texan Philippines, G.R. No. 197011,
28 January 2015 (Requisites for abandonment)
f. School of Holy Spirit of Quezon City v. Taguiam,
July 14, 2008 (gross and habitual neglect)

4. Fraud
a. Philippine Airlines v. NLRC, G.R. No. 126805, 16
March 2000 (Fraud need not lead to actual loss to justify
dismissal)

5. Loss of confidence/Breach of trust


a. Sta. Ana v. Manila Jockey Club, G.R. No. 208459,
15 February 2017 (requisites for breach of trust)
Hormillosa v. Coca-Cola Bottlers Philippines, G.R. No.
198699, 9 October 2013 (Non-managerial employees)
b. Manese v. Jollibee Foods Corporation, G.R. No.
170454, 11 October 2012 (Managerial employee)
c. Grand Asian Shipping Lines Inc., v. Galvez,
January 29, 2014 (loss of trust)
d. Bluer than blue Joint Ventures Co. v. Esteban,
April 7, 2014. (how to determine if employees job is
imbued with trust and confidence)
e. Concepcion v. Minex Import Corporation, January
24, 2012 (loss of trust and confidence, criminal prosecution
not a requisite for validlity of dismissal)
f. Manila Jockey Club v. Trajano, June 26, 2013.

6. Commission of a crime
a. Reno Foods v. Nagkakaisang Lakas ng
Manggagawa, G.R. No. 164016, 15 March 2010 (acquittal
does not invalidate dismissal for commission of a crime)
b. Lynvil Fishing Enterprises v. Ariola, G.R. No.
181974, 1 February 2012 (findings in preliminary
investigation not binding upon labor tribunals)

7. Other analogous causes


a. John Hancock Life Insurance v. Davis, G.R. No. 169549,
3 September 2008 (Theft of co-worker’s property is
analogous to serious misconduct)
b. Yrasuegui v. PAL, October 17, 2008
c. Son et al. v. UST, April 18, 2018 (other causes)

Abandonment

a. Mallo v. Southeast Asian College, October 14, 2015


b. Manarpiis v. Texas Phils, January 28, 2015

Recitation
MODULE 5 Syllabus
Case Study
I. Article 298 (formerly Article 283) Textbooks
Discussion
Supreme Court
1. Redundancy and Court of
Quiz

15
Arabit v. Jardine Pacific, G.R. No. 181719, 21 April Appeals
2014 (Distinction between redundancy and Decisions
retrenchment; Guidelines for valid redundancy)
Shimizu Philippines v. Callanta, G.R. No. 165923,
29 September 2010 (Guidelines for valid
redundancy; purpose of notice to DOLE; nominal
damages for non-compliance)
SPI Technologies Inc. v. Mapua, April 7, 2014
(redundancy)
Culili v. Eastern Telecommunication Philippines,
February 9, 2011 (redundancy_
Asufrin v. San Miguel Corporation, March 10,
2004 (redundancy)
Ocean East Agency Corp v. Lopez, October 14,
2015 (redundancy)

2. Retrenchment
a. Asian Alcohol Corporation v. NLRC, G.R. No.
131108, 25 March 1999 (Requirements for valid
retrenchment, Proof required, includes prevention
of losses)

b. FASAP v. Philippine Airlines, G.R. No. 178083,


13 March 2018 (AFS not absolute requirement for
valid retrenchment; judicial notice of company
undergoing corporate rehabilitation)

c. Sebuguero v. NLRC, G.R. No. 115394, 27


September 1995 (Temporary Lay-off and Art. 301
by analogous application)

d. Blue Eagle v. Naval, April 19, 2016


(retrenchment)
e. La Consolacion College v. Pascua, March 14,
2018 (retrenchment)

3. Closure of Business
a. Sangwoo Philippines v. Sangwoo Philippines
Employees Union, G.R. No. 173154, 9 December
2013 (Closure due to serious business losses no
separation pay, posting of notices not compliant
with procedural due process, reduced nominal
damages)

b. Navotas Shipyard v. Montallana, G.R. No.


190053, 24 March 2014 (Temporary closure
ripening to closure due to serious business losses,
nominal damages)

c. Veterans Federation of the Phils. v. Montenegro,


November 29, 2017 (closure)

d. PNCC Skyway Corp. v. Secretary of Labor,


February 6, 2017 (closure)

e. Penafrancia Tours and Travel Transport v.


Sarmiento October 20, 2010 (Closure)

16
II. Article 299 (formerly Article 284)

Sy et. al. v. CA, February 27, 2003


Union Motors Corp v. NLRC, December 9, 2004
Villaruel v. Yeo Han Guan, June 1, 2011
Deoferio v. Intel Technology Philippines, June 18,
2014

III. Article 300 (formerly Article 285)

Malig-on v. Equitable General Services Inc. June


29, 2010
Chang Kai Shek College v. Torres, April 2, 2014.
Opinaldo v. Ravina, October 16, 2013.
Willi Hahn Enterprises v. Maghuyop, December
17, 2004
Skippers United Pacific et. al. v. Doza et. al.,
February 8, 2012
Morales v. Harbour Centre Port Terminal Inc.,
January 25, 2012
SHS Perforated Material Inc. v. Diaz, October 13,
2010
San Miguel Properties Phils. v. Gucaban, July 18,
2011
BMG Records Phils. Inc. v. Aparecio, September 5,
2007
Tatel v. JLFP Investigations, February 25, 2015
(constructive dismissal)
Paredes v. Feed the Children Phils., September 9,
2015
Silvertex Weaving Corp. v. Campo, Mach 16, 2016
Divine World College of Laoag v. Mina, April 13,
2016
Pascua v. Bank Wise Inc., January 31, 2018
L.A. No. 6 Series of 2020, Guidelines in Payment
of Final Pay and Issuance of Certificate of
Employment.
Cokia Industries v. Beatriz Bug-os, November 27,
2019 (constructive dismissal)
Kondo v. Toyota, September 11, 2019 ( discussion
of diminution of benefits) also for constructive
dismissal and abandonment
LBC v. Palco, February 12, 2020 (constructive
dismissal)

IV. Article 301 (formerly Article 286)

SKM Article Craft Corporation v. Bauca,


November 27, 2013
Emeritus Security and Maintenance Systems Inv. v.
Dailig, April 2, 2014.
Nippon Housing Phil. Inc. et. al v. Leynes, August
3, 2011
Mayon Hotel and Restaurant et. al. v. Adana et. al.
May 16, 2005
ICT Marketing v. Sales, September 9, 2015

17
Carique v. Phil. Scout Veterans Security and
Investigation Agency, September 16, 2015
(Rotation)
D.O. 215 Series of 2020, Rule Amending Section
12 of Rule 1, Rules Implementing Book VI of the
Labor Code on Suspension of Employment
Relationship

V. Article 302 (formerly Article 287)

Daaboy v. Coca-Cola , August 19, 2013.


Pinero v. NLRC, August 20, 2004
Sta. Catalina College v. NLRC, November 19,
2003
Pantranco North Express Inc. v. NLRC, July 24,
1996
R and E Transport v. Latag, February 13, 2004
Serrano v. Severino Santos Transit, August 9, 2010
Obusan v. PNB, July 26, 2010
Kimberly Clark Phils. v. Dimayuga, September 18,
2009
Magdadaro v. PNB, July 17, 2009.
Laya v. CA, January 10, 2018.
Tolentino v. PAL, January 24, 2018
Dela Salle Araneta University v. Bernardo,
February 13, 2017
UDMC v. Bernadas, December 13, 2017
PAL v. Hassaram, June 5, 2017
Carissa E. Santo v. University of Cebu, August 28,
2019
Padillo v. Rural Bank of Nabunturan, January 21,
2013 (disqualified from retirement benefits due to
failure to reach optional retirement age; grant of
financial assistance)
Philippine Journalist Inc. v. De Guzman et. al.,
April 1, 2019 (optional v. compulsory retirement)

D.O. No. 167-16

VI. Article 306 (formerly Article 291)

PLDT v. Pingol, September 10, 2008


Serrano v. CA, August 15, 2001
IBC v. Panganiban, February 6, 2007
Accessories Specialist v. Albanza July 23, 2008
Autobus Transport System v. Bautista May 16,
2007
Montero v. Times Transport, March 16, 2015
Callanta v. Carnation Phils., October 28, 1986
Arriola v. Pilipino Star Ngayon, August 13, 2014
Caladin v. POEA, December 5, 1994

MID-TERM EXAMINATIONS

18
MODULE 6

I. Recruitment and Placement (Articles 12-42)

A. Definition of recruitment and placement


B. Regulation of recruitment and placement
activities
1. Regulatory authorities
a. Philippine Overseas Employment
Administration
b. Regulatory and visitorial powers of
the DOLE Secretary
c. Ban on Direct hiring
d. Entities prohibited from recruiting
e. Suspension or cancellation of
license or authority
f. Prohibited practices
C. Illegal recruitment
1. Elements
2. Types
3. Illegal recruitment as distinguished
from estafa
D. Liability of local recruitment agency and
foreign employer
1. Solidary liability
2. Theory of Imputed knowledge
E. Termination of contract of migrant worker Syllabus
F. Employment of non-resident aliens Recitation
Textbooks
√ Include the following: Case Study

- R.A. No. 8042, as amended, and its IRR (Migrant Supreme Court
Discussion
Workers Act) Decisions
- Revised POEA Rules 2016 (for landbased workers)
- D.O. No. 216-20 Rules and Regulations Governing
Recruitment and Placement of Industry Workers by
the PEA for local employment
- D.O. No. 217-20 Rules and Regulations Governing
Recruitment and Placement of Domestic Workers
by the PEA for local employment
- R.A. No. 8759, as amended by R.A. No. 10691 and
its IRR (D.O. No. 157-16) PESO Act of 1991
- D.O. No. 221-21, Revised Rules for the Issuance of
Employment Permits to Foreign Nationals
- R.A. No. 11227 Handbook for OFWs Act of 2018
- R.A. No. 10801 OWWA Act
- POEA Memo Circular No. 010-10

Cases on Recruitment and Placement/ OFWs:

1. People v. Chua, March 10, 2010


2. People v. Gallo, June 29, 2010
3. Yap v. Thenamaris Ship Management, May 30,
2011
4. People v. Panis, 142 SCRA 667
5. Trans Action Overseas Corporation v. DOLE
Secretary, September 5, 1997
6. Republic v. Principalia Management and Personnel
Consultants Inc. April 19, 2006

19
7. Datuman v. First Cosmopolitan Manpower,
November 14, 2008
8. Stolt- Nielsen Transportation Group Inc. v.
Medequillo, January 18, 2012
9. People v. Dela Piedra, January 24, 2001
10. Estate of Nelson Dulay v. Aboitiz Jebsen Maritime,
June 13, 2012
11. Santiago v. CF Sharp Crew Management, July 10,
2007
12. Sameer Overseas Placement v. Cabilles, August 5,
2014
13. IPMS v. Arriola, March 7, 2016
14. Sunace International Management Service v.
NLRC, January 25, 2006
15. Maersk- Filipinas Crewing Inc. v. Avestruz,
February 18, 2015
16. Gagui v. Dejero, October 23, 2013
17. AMCOW v. GCC Approved Medical Centers
Association, December 6, 2016
18. Gargallo v. DOHLE Seafront Crewing, August 17,
2016
19. Princess Talent Center v. Masagca, April 11, 2018
20. David v. Marquez, June 5, 2017
21. Powerhouse Staff Builders International Inc. v.
Romelia Rey et al., November 7, 2016
22. Corpuz v. Gerwil Crewing Philippines, January 18,
2021

II. Art. 57-81

√ Include the following:

D.O. No. 65-04, IRR of R.A. No. 9231 as


amending R.A. No. 7610.
D.C. No. 2 Series of 2018.
Magna Carta of Disabled Persons
Expanded Senior Citizens Act and its IRR
R.A. No. 10911 and its IRR, Anti-Age
Discrimination in Employment Act
R.A. No. 10771 and D.O. No. 180-17, Philippine
Green Jobs Act of 2016 and its IRR
R.A. No. 10869 and D.O. No. 179-17, Jobstart
Philippines Act and its IRR.

Art. 57 Cases

1. Century Canning Corp v. CA, August 17, 2007


2. Bernardo v. NLRC, July 12, 1999

Syllabus
MODULE 7 Recitation
Textbooks
I. Employer-Employee Relationship Case study
Supreme Court
- Javier v. Fly Ace, G.R. No. 192558, 15 Discussion
Decisions
February 2012.

20
- South East International Rattan v. Coming,
G.R. No. 186621, 12 March 2014
- Tenazas v. R. Villegas Taxi Transport, G.R.
No. 192998, 2 April 2014
- Sagun v. ANZ Global, G.R. No. 220399, 22
August 2016
- LVN Pictures Inc. v. Phil. Musicians Guild
(110 Phil. 725)
- Paguio Transport Corporation v. NLRC, G.R.
No. 119500, 28 August 1998.
- Teng v. Pahagac, G.R. No. 169704, 17
November 2010.
- Dy Keh Beng v. International Labor, L-32245,
25 May 1979.
- Insular Life Assurance Co. v. NLRC, G.R. No.
84484, 15 November 1989.
- Tongko v. Manufacturer’s Life Insurance
Company, G.R. No. 167622, 29 June 2010 (See
also: 25 January 2011 Resolution)
- AFP Mutual Benefit Association v. NLRC, G.R.
No. 102199, 28 January 1997.
- Encyclopedia Britannica v. NLRC, G.R. No.
87098, 4 November 1996
- HSY Marketing v. Villastique, G.R. No.
219569, 17 August 2016
- Coca Cola v. Climaco, G.R. No. 146881, 5
February 2007
- Corporal v. NLRC, G.R. No. 129315, 2
October 2000, 341 SCRA 658.
- Maraguinot v. NLRC, G.R. No. 120969, 22
January 1998, 284 SCRA 539.
- Calamba Medical Center v. NLRC, G.R. No.
176484, 25 November 2008.
- Jardin v. NLRC, G.R. No. 119268, 23 February
2000, 326 SCRA 299.
- Sonza v. ABS-CBN Broadcasting Corporation,
G.R. No. 138051, 10 June 2004.
- Begino v. ABS-CBN, G.R. No. 199166, 20
April 2015.
- Orozco v. Court of Appeal, G.R. No. 155207,
13 August 2008.
- Television And Production Exponents, Inc. v.
Servaña, G.R. No. 167648, 28 January 2008.
- Francisco v. NLRC, G.R. No. 170087, 31
August 2006.
- WPP Marketing Communications, Inc. et al. v.
Galera, G.R. No. 169207/G.R. No. 169239, 25
March 2010.
- Matling Industrial v. Coros, G.R. No. 157802,
13 October 2010.
- Malcaba v. Prohealth Pharma Philippines,
G.R. No. 209085, 6 June 2018.
- Republic v. Asiapro Cooperative, G.R. No.
172101, 23 November 2007.
- Locsin et. al. v. PLDT, October 2, 2009
- Professional Services v. CA, February 11,
2008

21
- Tenazas et. al. v. R. Villegas Taxi
Transport, April 2, 2014.
- Dumpit Murillo v. CA, June 28, 2011
- Bernarte v. PBA, September 14, 2011
- Professional Services Inc. v. CA, February
11, 2008
- Chavez v. NLRC, January 17, 2005
- Coca-cola Bottlers Inc. v. Climaco,
February 2007
- Felix v. Buenaseda, January 7, 1995
- Autobus Transport v. Bautista
- David v. Macasio , July 4, 2014
- Begino v. ABS-CBN, April 20, 2015
- Chevron Phils. v. Galit, October 7, 2015
- Weslayan University Phils. v. Maglaya,
January 23, 2017
- Nestle Phil. v. Pineda, January 30, 2017
- Valenzuela v. Alexandra Mining Ventures,
October 5, 2016
- Bishop Shinji Amari of Abiki Baptist Church v.
Villaflor, February 17, 2020

Reasonable Causal Connection Rule


San Miguel Corporation v. Etcuban, G.R. No.
127639, 3 December 1999
Kawachi v. Del Quero, G.R. No. 163768, 27
March 2007
Eviota v. Court of Appeals, G.R. No. 152121, 29
July 2003
Indophil Textile Mills v. Adviento, G.R. No.
171212, 4 August 2014

MODULE 8

I. Articles 82-96

A. Conditions of employment
(Articles 82-96)

Article 82
Syllabus
Managerial Employee – Ramil v. Stoneleaf Inc. June 17, Recitation
2020 Textbooks
Case Study
1. Hours of work
a. Principles in determining hours worked and Supreme Court
Discussion
employees exempted or not covered Decisions
b. Compensable Time
1. Normal hours of work
2. Night shift differential
3. Overtime work
a) Compressed work week
b) Built in overtime
c. Non-compensable hours; when compensable
1. Meal break
2. Power interruptions or brownouts

22
3. Idle time
4. Travel time
5. Commuting time
6. Waiting time
2. Rest periods
3. Service Charge
4. Service Incentive Leave
a. Autobus Transport Systems v. Bautista
May 16, 2005

√ Include the following:

- Latest Handbook on Workers Statutory Monetary


Benefits
- Latest NCR Wage Order
- D.O. No. 184-17 Safety and Health Measures for
Workers, who, by the Nature of their Work, Have to
Spend Long Hours Sitting
- D.O. No. 178-17 Safety and Health Measures for
Workers, who by the Nature of their Work, Have to
Stand at Work
- R.A. No. 11360 and IRR (for Article 96)
- D.O. No. 20-19, Series of 2019
- (effectivity date of RA September 4, 2019)
- R.A. No. 11036
- D.O. No. 208, S 20. Guidelines for the
Implementation of Mental Health Workplace
Polices and Programs for the Public Sector
- RA No. 11165 Telecommuting Act
- DO No. 202 Series of 2019
- D.O. No. 118-12 Series of 2012
- Expanded Breastfeeding Act
- D.O. No. 143-15 (exemption)
- D.A. 2 Series of 2009 Guidelines on the Adoption
of Flexible Work Arrangements

MODULE 9

I. Wages

1. Definition, components, and exclusions

a. Wage v. salary

b. Distinguish: facilities and supplements Syllabus


Recitation
c. Bonus, 13th month pay Textbooks
Case Study
d. Holiday pay
Supreme Court
Discussion
2. Principles Decisions

a. No work, no pay

b. Equal pay for equal work

c. Fair wage for fair work

d. Non-diminution of benefits

23
3. Minimum wage

a. Payment of hours worked

b. Payment by results

4. Payment of wages

5. Prohibitions regarding wages

6. Wage determination

Include the following cases

II. Article 97

1. Songco et. al. v. NLRC, March 23, 1990


2. Millares et. al v. NLRC, March 29, 1999
(Facilities v. supplements)
3. SLL International Cables Specialist et. al. v.
NLRC, March 2, 2011

III. 13th month pay PD.851

1. Central Azucarera de Tarlac v. Central


Azucarera de Tarlac Labor Union, July 26, 2010

IV. Article 100

1. American Wire and Cable Daily Rated


Employees Union v. American Wire and Cable Co.
Inc., April 29, 2005
2. TSPIC Corp v. TSPIC Employees Union (FFW),
February 13, 2008
(bonus)
3. Lepanto Ceramics Inc. v. Lepanto Ceramics
Employees Association, March 2, 2010
4. Eastern Telecom Phils. v. Eastern Telecoms
Employees Union, February 8, 2012
5. Kondo v. Toyota, September 11, 2019 (
discussion of diminution of benefits) also for
constructive dismissal and abandonment

V. Article 106

D.O. No. 174-17


E.O. No. 51 Series of 2018

1. GSIS v. NLRC, November 17, 2010


2. Aliviado et. al. v. Proctor and Gamble
Philippines, June 6, 2011
3. Mandaue Galleon Trade Inc. v. Andales, et. al,
March 7, 2008
4. Spic n’span Services Corporation v. Paje et. al.,
August 25, 2010
5.Alaska case, November 21, 2019 (job
contracting)

VI. Article 110

1. DBP v. NLRC, March 1, 1995

24
VII. Article 111

1. Hoegh Fleet Services Phil. v. Turallo, July 26,


2017
2. Gutierrez v. Nawraz November 27, 2019
(discussion on Attorney’s fees)
3. Alva v. High Capacity Security Force, November
8, 2017

VIII. Article 113

1. SHS Perforated Materials Inc. v. Diaz, October


13, 2010
2. DO No. 195 S 2018, Rules Amending Section 10
of Rule VIII of IRR on Wage Deduction

IX. LA No. 11 Series 2014


X. L.A. 14 Series of 2021, Working Conditions of
Delivery Riders in Food Delivery and Courier
Service

MODULE 10

I. Article 118

Panaligan v. Phyrith Enterprises Corp., June 21, 2017

Leaves
1. Labor Code
a. Service Incentive Leave
2. Special laws
a. Parental leave for solo parents (R.A. No. 8972 as
amended by R.A. No. 11210)
b. Expanded maternity leave
c. Paternity leave (R.A. No. 8187 as amended by
R.A. No. 11210)
d. Gynecological leave (R.A. No. 9710) Recitation
Syllabus
e. Battered woman leave (R.A. No. 9262)
Case Study
Textbooks
√ Include the following:
Discussion
Supreme Court
- Expanded Maternity Leave Law RA 11210 ( and its
IRR) Decisions
Quiz
- DA 1, S 2019, Guidelines in the Computation of
Salary Differential of Female Workers During her
Maternity Leave
- DA 1-A-19 Clarification on Tax Treatment of
Salary Differentials in Relation to Maternity
Benefits under RA No. 11210

II. Article 124

1. P.I. Manufacturing Inc. v. P.I. Manufacturing


Supervisors and Forman Association, February 4,
2008
2. Bankard Employees Union-Workers Alliance
Trade Unions v. NLRC, February 17, 2004

III. Article 128

25
1. People’s Broadcasting Service v. Secretary of
Labor, March 6, 2012
2. Hanson v. Secretary of Labor, February 11,
2008
3. Balladares et. al. v. Peak Ventures Corporation
, June 16, 2009
4. Allied Investigation Bureau v. Sec of Labor,
November 24, 1999
5. Urbanes v. Sec of Labor, February 19, 2003

Article 130-131 repealed

See new provisions on 154-161 under RA 10151

IV. Article 134 (formerly Article 136)

1.Zialcita v. PAL February 20, 1977


2. Star Paper Corporation v. Simbol, April 12, 2006

V. Sexual harassment
Definition
Duties and liabilities of employers.

1. Sexual Harassment Act (R.A. No. 7877)


2. Domingo v. Rayala, February 18, 2008
3. Phil. Aeolus Automotive United Corp. v. NLRC,
April 28, 2000
4. R.A. No. 11313 An Act Defining Gender Based
Sexual Harassment in Streets, Public Places,
Office, Workplace and Educational or Training
Institutions (Safe Spaces Act) and its IRR
5. LBC v. Palco, February 12, 2020

VI. Article 139 (formerly Article 141)

1. Apex Mining Co. v. NLRC, April 22, 1991

Domestic Workers Act and its IRR and recent wage order
on DW
LA No. 10, S 18, Entitlement of Kasambahay to other
benefits
LA No. 17, S 2018 and LA 35, Series of 2020

Other workers:
Homeworkers
Security Guards (D.O. No. 150-16)

MODULE 11

I. Health. Safety and Welfare Benefits Syllabus


Recitation
Compensabilty Textbooks
Case Study
1. GSIS v. CA, January 2008
Supreme Court
2. Salome v. ECC, September 26, 2000 Discussion
3. Heirs of Deauna v. Fil Star Maritime Corporation, June Decisions
20, 2012
4. Debaudin v. SSS, September 21, 2007
5. Austria v. CA, August 12, 2002

26
6. Gatus v. SSS, January 26, 2011
7. Republic of the Phils. v. Mariano, March 28, 2003
8. Magsaysay Maritime Corporation v. Lobusta, January
25, 2012
9. SSS v. Azote, April 15, 2015
10. Marlow Navigation v. Ganal, June 7, 2017
11. Seapower Shipping v. Subanal, June 19, 2017
12. GSIS v. Pauig, January 30, 2017
13. CF Sharp v. Castillo, April 19, 2017
14. Lemancito v. BSM Crew Service Center, February 3,
2020
15. Abundo v. Magsaysay Maritime, November 20, 2019
(referral to third physician)
16. Phil. Transmarine Carrier v. Manzano, March 18, 2021

R.A. No. 11058


D.O. No. 198 S 2018, IRR of R.A. No. 11058
An Act Strengthening Compliance with Occupational Safety
and Health Standards.

MODULE 12

I. Social Legislation

A. Social Security System Law (R.A. No. 11199)


1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits

1. SSC v. Azcote, April 15, 2015


2. SSS v. Favilla, March 28, 2011
3. Mendoza v. People, August 3, 2010
4. SSS v. Signey, January 28, 2008
5. SSS v. Jarque, March 24, 2006

B. Government Service Insurance System Law (R.A. Syllabus


No. 8291) Recitation
1. Coverage and exclusions
Textbooks
2. Dependents and beneficiaries Case Study
3. Benefits
Supreme Court
Discussion
1. Gersip Association v. GSIS, October 16, 2013 Decisions
2. GSIS v. De Leon, November 17, 2010
3. GSIS v. Alcaraz, February 6, 2013

C. Limited Portability law (R.A. No. 7699)

D. Disability and death benefits


1. Labor Code
2. Employees Compensation and State Insurance
Fund
3. POEA contract

E. Agrarian Relations (Articles 7-11 of the Labor


Code)
1. Concept of agrarian reform
2. Existence and concept of agricultural tenancy
3. Rights of agricultural tenants

27
4. Concept of farm workers

F. Universal Health Care (R.A. No. 11223)


1. Policy
2. Coverage
3. National Health Insurance Program

FINAL EXAMINATIONS

TEXTBOOKS:

Labor Books I and II by Azucena (or any of your Labor Law books used in class)

POLICIES:

1. Attendance will be checked every meeting.


2. Students who are called to recite but are absent/disconnected shall get a grade of 65.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the intellectual
property rights of the Professor.

Prepared by:

Signature

Faculty, College of Law

Approved by:

Signature
Atty. Marciano G. Delson
Dean, College of Law

Date Prepared by the Faculty:

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