LICEO DE CAGAYAN UNIVERSITY

FINAL EXAMINATION

LABOR STANDARDS

ATTY. ALPI ANDRO B. CABATINGAN

Teacher

This examination consists of a single set of facts from which

students are expected to identify the legal issues and present the remedy
in memorandum form.

Thus, the submission must contain the following parts:

1. Prefatory Statement
2. Statement of Facts
3. Issues
4. Arguments/Discussion
5. Prayer

The arguments/discussion must contain proper citations of law,

jurisprudence, or other legal research papers pertinent to the matters
raised.

The student is encouraged to research the topics carefully and

provided sufficient legal basis for his answers.

Plagiarized works will automatically be failed without recourse.

Submit the memorandum in PDF format to aabclaw@gmail.com

not later than 12 midnight of the same day this examination is given.

FACTS OF THE CASE

Gina Cruz was hired by Mr. Paul Blanco on December 2018 as a

domestic helper to his household in Kauswagan, Cagayan de Oro City.
She was receiving a salary of ₱5,000.00 every month.

As part of her daily responsibilities, she starts cooking for Mr.

Blanco and his family as early as 5:00 in the morning for which, she
already wakes up an hour earlier to make sure that she will be able to
prepare the ingredients on time. She likewise cleans the house, washed
clothes, and watched the children of Mr. Blanco throughout the day. Her
typical work day ends at 10:00 in the evening.
 Being a good cook, sometime in November 2019, Gina Cruz was
also tasked to cook for the carenderia owned by Mr. Blanco near the City
Hall of Cagayan de Oro City. As an incentive, she was given an additional
salary of ₱3,000.00 by Mr. Blanco.

Thus, starting on said date, Gina Cruz would wake up at 4:00 in the
morning, go to the carenderia of Mr. Blanco to cook the food to be sold
for the day and returns home around lunch time to resume her domestic
work.

Come year 2020, the COVID-19 pandemic happened and the

carenderia closed on June 2020 due to the restrictions set in place and due
to the fact the business sustained heavy losses.

Gina Cruz then continued to be a domestic helper. However, now,

she receives again ₱5,000.00 instead of the ₱8,000.00 which she got while
also cooking for the carenderia.

Nevertheless, Gina Cruz continued to work as a domestic helper for

Mr. Blanco at present.

After sometime however, and after watching numerous episodes of

Raffy Tulfo in Action, Gina Cruz determined that she may have been
cheated out of what could have been a rightful compensation due her.

Thus, she went to the NLRC in Cagayan de Oro to request for

assistance, and thereafter, she was advised to seek the services of an
attorney as the issues she presented is a little complicated.

Confused, she now comes to you asking to be enlightened as she

feels that some of her rights were violated but she does not know which
right as she has no idea about the law.

She also asked if she can file a case and how to go about it in such
case? And she also asked what could she possibly claim from Mr. Blanco
if she would indeed have a case filed against him?

Should Gina Cruz file a case, she is also curious what are possible
issues that you could raise in her favor and thus, she asked if you can also
prepare a possible memorandum in her favor.

-NOTHING FOLLOWS-