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COLLEGE OF LAW

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES


Sta. Mesa, Manila

LABOR LAW REVIEW
1 Semester, SY 2022-2023
st

Professor Charisma I. Nolasco


Email: attycharisma.nolascopup@gmail.com



I. COURSE DESCRIPTION

This subject provides a comprehensive review of statutes, rules and regulations, and
jurisprudence on Philippine labor laws and social legislation divided into several major
topics/modules. Each topic/module contains a list of reading materials, including latest
rulings, laws and regulations.

II. PREREQUISITE COURSE

Labor Law I and 2 (old curriculum)


Labor Law and Social Legislation (2022 curriculum)

III. COURSE MATERIALS

A. Basic Course/Reference Materials

1987 Philippine Constitution


Pres. Decree No. 442 (Labor Code of the Philippines), as amended
DOLE Department Advisory No. 1, series of 2015
Omnibus Rules Implementing the Labor Code
DOLE Department Order No. 147-15, series of 2015

B. Recommended Textbook

None. Students are free to choose their own textbook.

Each topic/module provides in detail the covered subjects including the required
reading materials. The listed reading materials are subject to change in case of
landmark decisions and promulgation of new laws and regulations.

IV. COURSE OBJECTIVES

The main goal for this course is to help students master all labor law rules and doctrines
in preparation for the Bar Examination and future legal practice. Hence, at the end of
this course, you will be able to: (a) commit to memory the basic concepts and rules on
labor law; (b) enhance your ability to analyze, identify issues, and apply the appropriate
rule or doctrine in resolving labor law issues and case problems; (c) learn efficient
methods in answering different types of bar examination questions; and (d) introduce
you to the common issues confronting labor law practice.
V. CLASS POLICIES AND REQUIREMENTS

A. Class Preparation

Students must read the assigned materials. Class recitations will be regularly conducted
adopting various teaching methodologies (i.e. Case, Collaborative, Socratic, etc.) to
assess their mastery and understanding of labor laws, principles and jurisprudence.
During class hours, students shall observe a “closed notes” policy.

B. Class Activities

Activities such as research, reporting, etc., may be assigned before, during or after each
class session, and may require the students to either work individually or in a group.
Unless announced otherwise, all activities are graded and must be completed by the
student within the specified period. Late outputs may be accepted, subject to deductions
depending on the time that has lapsed.

C. Attendance

In-Person: Regular and punctual attendance is required. The College policy on automatic
dropping of students due to absences shall be adopted. Attendance will be checked
before the start of the class.

Online: Class attendance will be based on the student’s submission of assignments or


participation in class activities. The College policy on automatic dropping of students due
to absences shall be adopted.

D. Online Meetings

Depending on the existing exigency/ies, online meetings may be conducted fully or


simultaneously with the in-person classes. The class beadle will be in-charge of
communicating to the class if purely online meetings will be held.

The following rules should be observed during online meetings:


1. Before joining the meeting, check if your microphones are working. If using
wireless headsets or microphones, ensure that they are fully charged before
attending the class.
2. All cameras and microphones are turned off upon joining.
3. Wear collared shirts/blouses.
4. In case of questions during class, use the hand signal tool or send a message
via chat. Wait to be acknowledged before speaking.
5. Strictly, no recording of online sessions.
6. No eating while class is in session.
7. Send me a message thru chat and wait to be acknowledged if you need to
stand and leave the meeting for a brief period.
8. Strictly, no notes, books, codals, etc. are allowed during the meeting. This will
also apply while you are completing the asynchronous activities.
9. Always have with you a pen and paper/notebook for note taking.
10. Do not apologize for slow internet connectivity or
disconnection/reconnection or background noise.
The zoom link will be open at least five minutes before the scheduled class.

E. Grading Criteria and Evaluation

The students shall be graded as follows:

Student Participation 40%


• Synthesis Paper 30%
• Quizzes 30%
• Recitations/Discussions/Collaborations 30%
• Attendance 10%
Midterm Examination 30%
Final Examination 30%
TOTAL 100%

Recitations shall be regularly conducted, especially during in-person classes. Absentees


during onsite classes shall automatically receive a recitation grade of “50.”

Both the midterm and final examinations will be online. The honor code will be adopted.

STRICTLY, NO MAKE-UP EXAMS WILL BE ADMINISTERED FOR STUDENTS WHO FAILED


TO TAKE ANY OF THE EXAMINATIONS. Students who missed the midterm exams may be
allowed to continue with the course, provided their grade in the midterm exams will be
taken from their final examinations by deducting ten (10) points therefrom. Those who
will fail to take the final examinations shall automatically receive a grade of “0” (zero).

THE COMPUTED GRADES ARE FINAL AND SHALL NOT BE CHANGED/ALTERED EXCEPT FOR
MATHEMATICAL/CLERICAL ERRORS. NO APPEALS SHALL BE ENTERTAINED, THE ONLY
MODE OF APPEAL FOR GRADES BEING THE STUDENT PARTICIPATION IN ACTIVITIES,
MIDTERM AND FINAL EXAMINATIONS.

VI. COURSE ASSIGNMENTS

The attached Course Outline provides in detail the covered topics for each meeting,
including additional reading materials. The enumerated reference materials may be
subject to change, most especially in cases of landmark decisions of the Supreme Court,
as well as recent laws, rules and regulations and other issuances promulgated by the
legislative or the executive branches.

LABOR LAW REVIEW COURSE OUTLINE
1st Semester, AY 2022-2023

WEEK TOPICS READINGS

1 I. Basic Concepts, Rules and Principles


A. Labor law v. social legislation
B. Labor Standards v. Labor Relations
C. Sources of Labor Law
1. 1987 Constitution Art. II, Secs. 5, 9, 10, 13, 14, 18 & 20
Art. III, Secs. 1, 4, 8, 11, 16 & 18(2)
Art. XIII, Secs. 1, 2, 3, 13 & 14

2. Civil Code Arts. 1418-1419, 1698-1712


Esisco v. Alphaland Corp., G.R. No. 216716, November 17, 2021
Atienza v. Saluta G.R. No. 233413, June 17, 2019
Candano Shipping v. Suagta-on, G.R. No. 163212, March 13, 2007
De Severo v. Go, G.R. No. L-44330, January 29, 1988

3. Contracts Manila Electric Company v. Argentera, G.R. No. 224729, February 8, 2021
Site for Eyes, Inc. v. Daming, G.R. No. 241814, June 30, 2021
Esisco v. Alphaland Corp., supra.
A. Nate Casket Maker v. Arango, G.R. No. 192282, October 5, 2016
Samonte v. La Salle Greenhills, Inc., G.R. No. 199683, February 10, 2016

4. Company Practice Colegio San Agustin-Bacolod v. Montaño, G.R. No. 212333, March 28, 2022
Nippon Paint Philippines, Inc. v. Nippon Pain Philippines Employees’ Association, G.R. No. 229396, June 30, 2021
Home Credit Mutual Building and Loan Association v. Alcantara, G.R. No. 200010, August 27, 2020
Kondo v. Toyota Boshoku, G.R. No. 201396, September 11, 2019
Central Azucarera de Tarlac v. Central Azucarera de Tarlac Labor Union-NLU, G. R. No. 188949, July 26, 2010
WEEK TOPICS READINGS

5. Social Justice
i. Definition Calalang v. Williams, 70 Phil 726
Social Security System v. Simacas, G.R. No. 217866, June 20, 2022
American Express Transnational v. Borre, G.R. No. 228320, July 15, 2020

D. Employer-Employee Relationship
1. Four-fold test; Control test Ginta-ason v. J.T.A. Packaging Corporation, G.R. No. 244206, March 16, 2022
Wahing v. Spouses Daguio, G.R. No. 219755, April 18, 2022
Upod v. Onon Trucking and Marketing Corporation, G.R. No. 248299, July 14, 2021
Dusol v. Lazo, G.R. No. 200555, January 20, 2021
Parayday v. Shogun Shipping, G.R. No. 204555, July 6, 2020
Loreche-Amit v. Cagayan de Oro Medical Center, G.R No. 216635, June 3, 2019

2. Economic realty/dependence test Wahing v. Spouses Daguio, supra.


Francisco v. NLRC, G.R. No. 170087, August 31, 2006,
Valeroso v. Skycable G.R. No. 202015, July 13, 2016

3. Piercing the veil of corporate fiction Roquel v. Philippine National Bank, G.R. No. 246270, June 30, 2021; Dissenting Opinion
Gesolgon v. CyberOne PH, G.R. No. 210741, October 14, 2020
Parayday v. Shogun Shipping, supra
Maricalum Mining Corp. v. Florentino, G.R. No. 221813, July 23, 2018
4. Who determines the relationship People's Broadcasting v. Secretary of Department of Labor, G.R. No. 179652, March 6, 2012
South Cotabato Communications v. Sto. Tomas, G.R. No. 217575, June 15, 2016

5. Suspension of Employment Relationship DOLE Department Order No. 215, series of 2020
6. Labor-only v. Job Contracting; Conqueror Industrial Peace Management Cooperative v. Balingbing, G.R. No. 250311, January 5, 2022
Independent contractor Tiangco v. ABS-CBN Broadcasting Corporation, G.R. No. 200434, December 6, 2021
Mecaydor v. Saekyung Realty Corporation, G.R. No. 249616, October 11, 2021
ABS-CBN Broadcasting Corporation v. Tajanlangit, G.R. No. 219508, September 14, 2021
Martinez v. Magnolia Poultry Processing Plant (MPPP), G.R. No. 231579, June 16, 2021
Serman Cooperative v. Montarde, G.R. Nos. 246760-61 & 246764-65, December 9, 2020
Luces v. Coca-Cola Bottlers Phils., Inc., G.R. No. 213816, December 2, 2020
Regala v. Manila Hotel, G.R. No. 204684, October 5, 2020
WEEK TOPICS READINGS

Manila Cordage Company-Employees Labor Union-Organized Labor Union in Line Industries and Agriculture
(MCC-UL-OLALIA) v. Manila Cordage Company, G.R. Nos. 242495-96, September 16, 2020
Paragele v. GMA Network, Inc., G.R. No. 235315, July 13, 2020
E. Management Prerogative
1. Definition Lagamayo v. Cullinan Group, Inc., G.R. No. 227718, November 11, 2021
2. Hiring; Transfer; Promotion; Demotion Philippine Bank of Communications v. Philippine Bank of Communications Employees Association, G.R. No.
254021, February 14, 2022
Asian Marine Transport Corporation v. Caseres, G.R. No. 212082, November 24, 2021
Reliable Industrial and Commercial Security Agency, Inc. v. Court of Appeals, G.R. No. 190924, September 14,
2021
Ebus v. The Results Company, Inc., G.R. No. 244388, March 3, 2021
Automatic Appliances v. Deguildo, G.R. No. 228088, December 4, 2019
Julie’s Bakeshop v. Arnaiz, G.R. No. 173882, February 15, 2012
Endico v. Quantum Foods, G.R. No. 161615, January 30, 2009

3. Discipline University of the Cordilleras v. Lacanaria, G.R. No. 223665, September 27, 2021
Almogera v. A&L Fishpond and Hatchery, Inc., G.R. No. 247428, February 17, 2021
4. Workpools; Contracting out ABS-CBN Broadcasting Corporation v. Tajanlangit, supra.
Martinez v. Magnolia Poultry Processing Plant, supra.
5. Business decision; policy Ringo B. Dayowan Transport Services v. Guarino, Jr., G.R. No. 226409, November 10, 2020
Asian Institute of Management Faculty Association v. Asian Institute of Management, Inc., G.R. No. 219025,
September 9, 2020
East Cam Tech Corp. v. Fernandez, G.R. No. 222289, June 8, 2020
Roxas v. Baliwag Transit, Inc., G.R. No. 231859, February 19, 2020

6. Employment Restriction
i. Non-compete clause Century Properties, Inc. v. Concepcion, G.R. No. 220978, July 5, 2016
Rivera v. Solidbank Corp., G.R. No. 163269, April 19, 2006

ii. Bona fide occupational qualification Capin-Cadiz v. Brent Hospital and Colleges, Inc., G.R. No. 187417, February 24, 2016
Yrasuegui v. Philippines Airlines, G.R. No. 168081, October 10, 2008
WEEK TOPICS READINGS

Star Paper v. Simbol, G.R. No. 164774, April 12, 2006


Duncan Association of Detailman-PTGWO v. Glaxo Wellcome, G.R. No. 162994, September 17, 2004
PILTEL v. NLRC, G.R. No. 118978, May 23, 1997

7. Quitclaim/Waiver/Compromise Dela Torre v. Twinstar Professional Protectice Services, Inc., G.R. No. 222992, June 23, 2021
De Jesus v. Inter-Orient Maritime Enterprises, Inc., G.R. No. 203478, June 23, 2021
EDI-Staffbuilders v. NLRC, G.R. No. 145587, October 26, 2007

8. Attorney’s Fees R.A. No. 10706; DOLE Department Order No. 153-16
Alva v. High Security Force, G.R. No. 203328, November 8, 2017
2-3 II. Labor Code of the Philippines Chapter I, Articles 1-6
A. Preliminary Title
1. Scope/Application Section 2, Article IX(B), 1987 Constitution
Bishop Shinji Amari of Abiko Baptist Church v. Villaflor, Jr., G.R. No. 224521, February 17, 2020
Laya v. Philippine Veterans Bank , G.R. No. 205813, January 10, 2018
Hidalgo v. Republic, G. R. No. 179793, July 5, 2010
Casino Labor Association v. CA , G.R. No. 141020, June 12, 2008
Juco v. NLRC, G.R. No. 98107, August 18, 1997
SEAFDEC v. NLRC, G.R. No. 86773, February 14, 1992

III. Standards of Worker Engagement


A. Illegal Recruitment1 Arts. 13, 14, 18, 21, 22, 25, 26, 27, 28-35, 36-38, Labor Code
1. Definition R.A. No. 8042, as amended by R.A. No. 10022
1. Prohibited Acts PERT/CPM Manpower Exponent Co. v. Vinuya, G.R. No. 197528, September 5, 2012
2. Who may be liable Sto. Tomas v. Salac, G.R. No. 152642, November 13, 2012
3. Elements People v. Panis, G.R. No. L-58674, July 11, 1990
4. Types of Illegal Recruitment People v. Dela Concepcion, G.R. No. 251876, March 21, 2022
5. Illegal Recruitment v. Estafa People v. Liwanag, G.R. No. 232245, March 2, 2022
Toston v. People, G.R. No. 232409, March 3, 2021
People v. Manalang, G.R. No. 198015, January 20, 2021
People v. Imperio, G.R. No. 232623, October 5, 2020

1
See also “Ethical Recruitment,” Sec. 3(b), R.A. No. 11641.
WEEK TOPICS READINGS

B. Trafficking in Persons R.A. No. 9208, as amended by R.A. No. 10364


i. Definition People v. XXX, G.R. No. 248815, March 23, 2022
ii. Prohibited Activities People v. XXX, G.R. No. 225288, June 28, 2021
iii. Trafficking in Persons v. Illegal People v. Sayo, G.R. No. 227704, April 10, 2019
Recruitment People v. Amurao, G.R. No. 229514, July 28, 2020
People v. Lalli, G.R. No. 195419, October 12, 2011
Marajas v. People, G.R. No. 244001, June 23, 2021
Brozoto v. People, G.R. No. 233420, April 28, 2021
People v. Estonilo, G.R. No. 248694, October 14, 2020

C. Migrant Workers R.A. No. 8042, as amended by R.A. No. 10022


R.A. No. 11641
1. Definition
a. Migrant workers/OFW Section 4, R.A. No. 8042, as amended; Sec. 3(g), R.A. No. 11641
Lamadrid v. Cathay Pacific Airways Limited, G.R. No. 200658, June 23, 2021
b. Seafarer Sec. 3(j), R.A. No. 11641
c. Overseas Filipinos in distress Section 1, Art. 5, R.A. No. 8042; Sec. 3, R.A. No. 11641
2. Commencement of Employer-Employee SRL International Manpower Agency v. Yarza, JR., G.R. No. 207828, February 14, 2022
Relationship Gemudiano, Jr. v. Naess Shipping Philippines, Inc., G.R. No. 223825, January 20, 2020
3. Money Claims; Insurance; Disability Claims Benhur Shipping v. Riego, G.R. No. 229179, March 29, 2022
Jerzon Manpower and Trading, Inc. v. Nato, G.R. No. 230211, October 6, 2021
Ascent Skills Human Resources Services, Inc. v. Manuel, G.R. No. 249843, October 6, 2021
Wilhelmsen-Smith Bell Manning, Inc. v. Vencer, G.R. No. 235730, March 17, 2021
Eastern Overseas Employment Center v. Heirs of the Deceased Nomer P. Odulio, G.R. No. 240950, July 29, 2020
Sameer Overseas Placement v. Cabiles, G.R. No. 170139, Aug. 5, 2014

4. Liability of principal/agent; Theory of Imputed Placewell International Services Corporation v. Aquino, G.R. No. 212574, May 14, 2021
Knowledge Corpuz v. Gerwil Crewing, Inc. , G.R. No. 205725, January 18, 2021
APQ Shipmanagement v. Caseñas, G.R. No. 197303, June 4, 2014
Becmen Service Exporter and Promotions, Inc. v. Sps. Cuaresma, G.R. Nos. 182978-79, April 27, 2009
Sunace International Management Services, Inc. v. NLRC, G.R. 161757, January 25, 2006
Placewell International Services Corporation v. Camote, G.R. No. 169973, June 26, 2006
WEEK TOPICS READINGS

3-4 D. Employment of Foreign Nationals Arts. 39-42, Labor Code


DOLE Department Order No. 221 s. 2021

E. Apprentices, Learners and Disabled Workers Book, Two, Title II, Chapters I-III
1. Apprentice v. Learner Century Canning Corp. v. Court of Appeals, G.R. No. 152894, August 17, 2007
2. Qualifications Atlanta Industries , Inc. v. Sebolino, G.R. No. 187320, January 26, 2011
3. Requirements; Effect of an Invalid
Agreement
4. Disabled Workers R.A. No. 7277 (Magna Carta for Persons with Disability), secs. 4, 5, 7, 32
Southern Luzon Drug Corp. v. Department of Social Welfare and Development, G.R. No. 199669, April 25, 2017
Bernardo v. NLRC and Far East Bank and Trust Company, G.R. No. 122917, July 12, 1999

IV. Types of Employment; Special Groups of


Employees
1. Labor-Only v. Job Contracting Arts. 106-109, Labor Code
DOLE Department Order No. 174-17; Department Circular No. 01-17

Conqueror Industrial Peace Management Cooperative v. Balingbing, supra


Tiangco v. ABS-CBN Broadcasting Corporation, supra
Mecaydor v. Saekyung Realty Corporation, supra
ABS-CBN Broadcasting Corporation v. Tajanlangit, supra
Martinez v. Magnolia Poultry Processing Plant (MPPP), supra
Serman Cooperative v. Montarde, supra
Luces v. Coca-Cola Bottlers Phils., Inc., supra
Regala v. Manila Hotel, supra
Manila Cordage Company-Employees Labor Union-Organized Labor Union in Line Industries and Agriculture
(MCC-UL-OLALIA) v. Manila Cordage Company, supra
Paragele v. GMA Network, Inc., supra
2. Regular, Project, Fixed-Term, Seasonal, Arts. 295-296, Labor Code
Probationary, Casual Employees 2010 Manual of Regulations for Private Schools, sec. 63
2008 Manual of Regulations for Private Higher Education, secs. 35-36, 117
DOLE Department Order No. 159, series of 2016
WEEK TOPICS READINGS

Ilustrisimo v. St. Joseph Fish Brokerage, Inc., G.R. No. 235761, October 6, 2021
University of St. La Salle v. Glaraga, G.R. No. 224170, June 10, 2020
Cambil v. Kabalikat Para sa Maunlad na Buhay, Inc., G.R. No. 245938, April 5, 2022
Toyo Seat Philippines Corporation v. Velasco, G.R. No. 240774, March 3, 2021
Mirandilla v. Jose Calma Development Corp., G.R. No. 242834, June 26, 2019
Regala v. Manila Hotel, supra.
Claret School of Quezon City v. Sinday, G.R. No. 226358
Magtibay v. Airtac Agricultural Corporation, G.R. No. 228212, July 8, 2020
Hacienda Cataywa v. Lorezo, G.R. No. 179640, March 18, 2015
Universal Robina Sugar Milling Corporation v. Nagkahiusang Mamumuo sa URSUMCO-National Federation of
Labor, G.R. No. 224558, November 28, 2018
Brazil v. STI Education Services, G.R. No. 233314, November 21, 2018
Lynvil Fishing Enterprises v. Ariola, G.R. No. 181974, February 1, 2012

3. Special Groups of Employees


a. Children Secs. 12 & 14 of R.A. No. 7610, as amended by R.A. 7658 and R.A. 9231
Secs. 3(a), (h); 5, R.A. No. 9262
Department Circular No. 02-18
DOLE Department Order No. 149A, series of 2017

b. Women Secs. 3(a), (d), (h); 5, 43, R.A. No. 9262


Secs. 4(b) and (k), 13, 18, R.A. No. 9710
Secs. 3, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, R.A. No. 11210
Gatchalian v. Urrutia, G.R. No. 223595, March 16, 2022
Estacio v. Estacio, G.R. No. 211851, September 16, 2020
Pavlow v. Mendenilla, G.R. No. 181489, April 19, 2017

c. Fathers R.A. No. 8187


Sec. 6, R.A. No. 11210

d. Solo Parents Sec. 3(b), (c), (e); Sec. 4; Sec. 7-8, Sec. 15(c), (d), Sec. 16, Sec. 22, R.A. No. 8972, as amended by R.A. No. 118611
Sec. 3, R.A. No. 11210
WEEK TOPICS READINGS

e. Night Workers Book Three, Title III, Chapter V, Labor Code, as amended by R.A. No. 10151

f. Aged Workers R.A. No. 10911; DOLE Department Order No. 170-17

g. Kasambahay Sec. 4(d), (f), (h); Secs. 5, 7-11, 13-17, Article IV, V, VII, R.A. No. 10361

h. Persons in the personal service of another Articles 1689, 1697 and 1699, Civil Code
Atienza v. Saluta, supra
i. Student Assistants; Resident Physicians Sections 14-15, Rule X, Omnibus Rules Implementing the Labor Code (Omnibus Rules)
j. Delivery Riders Labor Advisory No. 14-21
k. Construction workers DOLE Department Order No. 19, series of 1993
Carpio v. Modair Manila Co. Ltd., G.R. No. 239622, June 21, 2021

j. Security Guards DOLE Department Order No. 150-16


k. Debt Collectors DOLE Department Order No. 155-16
l. Drivers and Conductors DOLE Department Order No. 118-12

V. Standard Working Conditions


a. Coverage; Exclusions Arts. 82-90, Labor Code; Title I, Book III, Rule I, Sec. 2(b) and (c), Omnibus Rules
1. Government employees
2. Managerial employees Ramil v. Stoneleaf, Inc., G.R. No. 222416, June 17, 2020
Clientlogic Philippines, Inc. v. Castro, G.R. No. 186070, April 11, 2011
Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO, G.R. No. 214092, January 11,
2016

3. Field personnel DOLE Department Order No. 196, series of 2018


DOLE Department Order No. 156, series of 2016
Marby Food Ventures Corporation v. Dela Cruz, G.R. No. 244629, July 28, 2020
Mercidar Fishing Corp. v. NLRC, G.R. No. 112574, October 8, 1998
Dasco v. Philtranco, G.R. No. 211141, June 29, 2016
4. Family member
5. Workers paid by results
A. Nate Casket Maker v. Arango, G.R. No. 192282, October 5, 2016
WEEK TOPICS READINGS

Ramiro Lim & Sons Agricultural Co., Inc. v. Guilaran, G.R. No. 221967, February 6, 2019
Lambo v. NLRC, G.R. No. 111042, October 26, 1999
Dingcong v. Guingona, Jr., G.R. No. 76044, June 28, 1988
6. Domestic workers; persons in the
personal service of another Refer to Special Group of Workers

4-5 b. Hours of Work Art. 84, Labor Code; Sec. 3, DOLE D.O. No. 118-12
1. Compensable working hours
2. Principles in determining hours worked Secs. 3-4, Title I, Rule I, Book III, Omnibus Rules
3. Engaged to wait/idle time Sec. 5(a), Rule I, Book III, Omnibus Rules
Luzon Stevedoring Co. v. Luzon Marine Dept. Union, G.R. No. L-9265, April 29, 1957
National Development Co. v. CIR, G.R. No. L-15422, November 30, 1962

4. On call Sec. 5(b), Rule I, Book III, Omnibus Rules


Coca-Cola Bottlers (Phils.), Inc. v. Climaco, G.R. No. 146881, February 5, 2007
Sime Darby Pilipinas, Inc. v. NLRC, G.R. No. 119205, April 15, 1998

5. Assembly time Arica v. NLRC, G.R. No. 78210, February 28, 1989

6. Commuting time, travel time at lectures, Sec. 6, Rule I, Book III, Omnibus Rules
seminars, etc.

7. Semestral break University of Pangasinan Faculty Union v. University of Pangasinan, G.R. No. L-63122,

8. Meal break/coffee break Art. 85, Labor Code; Sec. 7, Rule I, Book III, Omnibus Rules

9. Rest period; Rest Days Arts. 91-93, Labor Code; Sec. 7, Rule III, Book III, Omnibus Rules
Secs. 2(c) and 3, DOLE D.O. No. 118-12
Secs. 20-21, R.A. No. 10361

10. Overtime; Undertime; No offsetting rule Art. 86-88, Labor Code


Legahi v. NLRC, G.R. No. 122240, November 18, 1999
Pigcaulan v. Security & Credit, G.R. No. 173648, January 16, 2012
WEEK TOPICS READINGS

Robina Farms Cebu v. Villa, G.R. No. 175869, April 18, 2016

11. Nightwork R.A. No. 10151


Association of International Shipping Lines, Inc. v. United Harbors’ Pilot Association, G.R. No. 172029, August 6,
2008
Dacut v. CA, G.R. No. 169434, March 28, 2008, 550 SCRA 260

12. Power interruptions DOLE Policy Instruction No. 36

13. Compressed work week DOLE Advisory No. 02, December 2, 2004
Bisig Manggagawa sa Tryco v. NLRC, G.R. No. 151309, October 15, 2008

14. Flexible work hours for solo parents Sec. 6, R.A. 8972, as amended by RA 11861

15. Holidays and Leaves Arts. 93-95, Labor Code; Rule IV, Book III, Omnibus Rules
a. Compulsory work
b. Regular v. Special Holiday; Working v. Asian Transmission Corp. v. CA, G.R. No. 144644, March 15, 2004
Non-working holiday; local holidays
c. Teachers paid by the hour Jose Rizal College v. NLRC, G.R. No. L-65482, December 1, 1987
d. Muslim Holidays San Miguel Corp. v. CA, G.R. No. 146775, January 30, 2002

16. Service Incentive Leave; Other leaves


a. Service incentive leave Art. 95, Labor Code; Rule V, Book III, Omnibus Rules
i. When demandable; commutation Fernandez v. NLRC, G.R. No. 105892, January 28, 1998
HSY Marketing Ltd., Co. v. Villastique, G.R. No. 219569, August 17, 2016
ii. Employees not entitled David v. Macasio, G.R. No. 195466, July 2, 2014
iii. At least one year of service; JPL Marketing Promotions v. CA, G.R. No. 151966, July 8, 2005
reckoning period

b. Solo Parents Refer to Special Groups of Employees


c. VAWC
d. Magna Carta for Women
e. Maternity Leave
WEEK TOPICS READINGS

f. Paternity Leave

g. Compassionate/Bereavement leave Continental Steel Manufacturing Corp. v. Montaño, G.R. No. 182836, October 13, 2009

17. Service charge; Tips R.A. No. 11360; DOLE Department Order No. 206-19
Ace Navigation Co. v. CA, G.R. No. 140364, August 15, 2000
NUWHRAIN v. Phil. Plaza, Inc., G.R. No. 177524, July 23, 2014

c. Health and Safety Articles 162-167; 174-178, Labor Code


Ocean Builders Construction Corp. v. Sps. Cubcub, G.R. No. 150898, April 13, 2011
Ecasinas v. Shangri-La’s Mactan Island Resort, G.R. No. 178827, March 4, 2009
De Severo v. Go, supra

Sec. 4(c), (e), (h), (j), (k); Secs. 5, 25, 43, 44, R.A. No. 11036 (Mental Health Act)
DOLE Department Order No. 208, series of 2020
Secs. 3(c), 4-6, & 8, R.A. No. 11058 (OSH Act)
Chapter III, Chapter IV, Sec. 14, Sec. 17, Sec. 22, DOLE Department Order No. 198, series of 2018; D.O. No. 184-
17

6-7 VI. Compliance Monitoring Articles 128-129, Labor Code


a. Visitorial and Enforcement Powers Secs. 1, 5, Rule III; Rule IV, Rule V (Secs. 1-3); Rule Vi; Rule VII; Rule VIII; Rule XI-XVII, DOLE Department Order No.
b. Adjudicatory/Recovery Power 131B-16
Secs. 23-29, DOLE Department Order No. 198, series of 2018; D.O. No. 184-17
Del Monte Land Transport Bus, Co. v. Armenta, G.R. No. 240144, February 3, 2021
Bay Haven v. Abuan, G.R. No. 160859, July 30, 2008
Ex-Bataan Veterans v. Sec. of Labor, G.R. No. 152396, November 20, 2007

VII. Wages Arts. 97-105, 110-119, 123-129, Labor Code


a. No work, no pay Escario v. NLRC, G.R. No. 16032, October 10, 2010
Carpio v. Modair Manila Co. Ltd., supra

b. Facilities v. supplement SLL International Cables v. NLRC, G.R. No. 172161, March 2, 2011
Millares v. NLRC, G.R. No. 122827, March 29, 1999
WEEK TOPICS READINGS

Our Haus Realty v. Parian, G.R. No. 204651, August 6, 2014

c. 13th month pay P.D. No. 851, as amended

d. Withholding of wages; deduction DOLE Department Order No. 195-18


SHS Perforated Materials v. Diaz, G.R. No. 185814, October 13, 2010
Milan v. NLRC, G.R. No. 202961, February 4, 2015
Marby Food Ventures Corporation v. Dela Cruz, G.R. No. 244629, July 28, 2020

e. Direct payment principle Colegio San Agustin-Bacolod v. Montaño, supra


f. Non-diminution of benefits Nippon Paint Philippines v. Nippon Paint Philippines Employees Association, supra
Philippine Mining Development Corporation v. Aguinaldo, G.R. No. 245273, July 27, 2021

g. Preferential right Karj Global Marketing Network, Inc. v. Mara, G.R. No. 190654, July 28, 2020
Barayoga v. Asset Privatization Trust, G.R. No. 160073, October 24, 2005

h. Wage Order; Wage Distortion P.I. Manufacturing v. P.P. Manufacturing Supervisors and Foremen Association, 543 SCRA 613
Prubankers Association v. Prudential Bank & Trust Company, G.R. No. G.R. No. 131247, January 25, 1999
Metrobank v. National Wages and Productivity Commission, G.R. No. 144322, February 6, 2007
Philippine Geothermal, Inc. Employees Union v. Chevron Geothermal Phils. Holdings, Inc., G.R. No. 207252,
January 24, 2018

VIII. Social Legislation and Other Special Laws


a. SSS Sec. 8(e),(j),(k); Secs. 9-16, R.A. No. 11199
b. GSIS Sec. 2(d), (f-h); Secs. 3-4, 11-28, R.A. No. 8291
c. Limited Portability Law R.A. No. 7699
d. Sexual Harassment v. Safe Spaces R.A. No. 7877
e. Telecommuting Secs. 3(b), (e), (g); 16-20; 26-27; 31; 36, R.A. No. 11313 (Safe Spaces Act)
f. Principles Par. III, IV, V, VI, DOLE Department Order No. 230, series of 2021
i. Work-relatedness/work-connection R.A. No. 11165 (Telecommuting Act); Secs. 3, 4 and 6, DOLE Department Order No. 202-19
ii. Proximate cause Salabe v. Social Security Commission, G.R. No. 223018, August 27, 2020
WEEK TOPICS READINGS

iii. Coming and going rule Tolingco v. Court of Appeals, G.R. No. 231748, July 8, 2020
iv. 24-hour duty Escandor v. People, G.R. No. 211962, July 6, 2020
v. Acts of ministration People v. Lee, Jr., G.R. No. 234618, September 16, 2019
Re: Anonymous Complaint Against Atty. Cresencio P. Co Untian, Jr., A.C. No. 5900, April 10, 2019
Oscares v. Magsaysay Maritime Corp., G.R. No. 245858, December 2, 2020
Alano v. ECC, G.R. No. L-48594, March 16, 1988
Lazo v. ECC, G.R. No. 78617, June 18, 1990
GSIS v. Alegre, G.R. No. 128524, April 20, 1999
Valeriano v. ECC, G.R. No. 136200, June 8, 2000

8 Midterm Exams

9-10 LABOR RELATIONS


a. Policies; Definitions Arts. 218-219, Labor Code
b. Parties

IX. The Right to Self-Organization Arts. 253-257, Labor Code


a. Scope Development Bank of the Philippines v. Commission on Audit, G.R. No. 210838 , July 3, 2018
Knitjoy Manufacturing, Inc. v Ferrer-Calleja , G.R. No. 81883, Sept. 23, 1992
Samahan ng Manggagawa sa Hanjin v. Bureau of Labor Relations , G.R. No. 211145, October 14, 2015
b. Covered/Not covered employees
i. Government employees Confederation for Unity, Recognition and Advancement of Government Employees v. Abad, G.R. No. 200418,
ii. Managerial and supervisory employees November 10, 2020
a) Doctrine of separation of union Asian Institute of Management v. AIM Faculty Association, G.R. No. 207971, January 23, 2017
b) Confidential employee rule/ Doctrine Coca-Cola Bottlers Philippines, Inc. v. Ilocos Professional and Technical Employees Union , G.R. No. 193798
of necessary implication The Heritage Hotel Manila v. Secretary of Labor , G.R. No. 172132, July 23, 2014
c) Commingling/ mixed membership
iii. Security guards MERALCO v. Secretary of Labor , G.R. No. 91902, May 20, 1991
iv. Members of cooperatives Central Negros Electric Cooperative v. DOLE , G.R. No. 94045, September 13, 1991
v. Alien/Foreigners International Catholic Immigration Commission v. Calleja , G.R. No. 85750, September 28, 1990
vi. Probationary employees NUWHRAIN v. Secretary of Labor, G.R. No. 181531, July 31, 2002
WEEK TOPICS READINGS

X. Bargaining Unit Art. 250, Labor Code


a. Principles in Determining a Bargaining Unit Erson Ang Lee v. Samahang Manggagawa ng Super Lamination, G.R. No. 193816, November 21, 2016
b. Rights and conditions of membership Yumang v. RPN9 ,, G.R. No. 201016, June 22, 2016
c. Nature of relationship between the union and Heirs of Teodulo M. Cruz v. CIR ,, G.R. No. L-23331-32, December 27, 1969
its members Victoriano v. Elizalde Rope Workers’ Union ,, G.R. No. L-25246, Sept 12, 1974
d. Freedom of choice Tancinco v. Pura Ferrer-Calleja ,, G.R. No. 78131, January 20, 1988
Manalad v. Trajano, G.R. Nos. 72772-73, June 28, 1989
Del Pilar Academy v. Del Pilar Academy Employees’ Union,, G.R. No. 170112, April 30, 2008
Gabriel v. Sec. of Labor ,, G.R. No. 115949, March 16, 2000
Holy Cross of Davao College, Inc. v. Joaquin, G.R. No. 110007, October 18, 1996
Verceles v. BLR-DOLE , G.R. No. 152322, February 15, 2005

XI. Establishing Labor Unions Arts. 240-249, 251-252, Labor Code; Rules III, IV, V, XIV, XV, Book V, Omnibus Rules
a. Kinds of labor organizations
b. Registration of labor unions; Cancellation of Elisco-Elirol Labor Union (NAFLU) v. Noriel, G.R. No. L-41995, December 29, 1977
registration Furusawa Rubber Phil., Inc. v. Secretary of Labor and Employment, G.R. No. 121241, December 10, 1997
c. Disaffiliation San Miguel Corp. Employees-Union-PTGWO v. San Miguel Packaging Products Employees Union, G.R. No.
171153, September 12, 2007
Cirtek Employees Labor Union-FFW v. Cirtek Electronics , G.R. No. 190515, June 6, 2011
Philippine Skylanders, Inc. v. NLRC , G.R. No. 127374, January 31, 2002
Tropical Hut Employees Union v. Tropical Hut , G.R. No. L-43495-99, Jan. 20, 1999
DHL Philippines Corp. v. Buklod ng Manggagawa ng DHL Philippines Corp., G.R. No. 152094, July 22, 2004
Tagaytay Highlands International Golf Club v. Tagaytay Highlands Employees Union, G.R. No. 142000, January 22,
2003
National Union Bank of Employees v. Philnabank Employees Association, 174287, August 12, 2013
Coca-Cola FEMSA Philippines, Inc. v. Central Luzon Regional Sales Executive Union of Coca-Cola San Fernando
(FDO) Plant, G.R. No. 233300, September 3, 2020

d. Rights and obligations of legitimate labor Flora v. Oximana, G.R. No. L-19745, January 31, 1964, 10 SCRA 212
unions Tancinco v. Pura Ferrer-Calleja, G.R. No. 78131, January 20, 1988
i. Election of officers Manalad v. Trajano, G.R. Nos. 72772-73, June 28, 1989
a) Term of office Lakas ng Manggagawang Makabayan v. Marcelo Enterprises, G.R. No. L-38258, L-38260, November 19, 1982
b) Qualification/Disqualification Marquez v. Secretary of Labor, G.R. No. 80685, March 16, 1989
WEEK TOPICS READINGS

c) Eligibility to vote Heritage Hotel Manila v. Secretary of Labor and Employment, G.R. No. 172132, July 23, 2014
ii. Impeachment/expulsion
iii. Assessments & check-off Del Pilar Academy v. Del Pilar Academy Employees’ Union, G.R. No. 170112, April 30, 2008
a) Requisites Gabriel v. Sec. of Labor, G.R. No. 115949, March 16, 2000
b) Attorney’s Fees, negotiation fees Holy Cross of Davao College, Inc. v. Joaquin, G.R. No. 110007, October 18, 1996
c) Liability for failure to deduct
iv. Reportorial duties Verceles v. BLR-DOLE, G.R. No. 152322, February 15, 2005

10-11 XII. Selecting A Bargaining Representative Article 238, 267-272, Labor Code
a. Who may vote DOLE Department Order No. 40-I-2015; DOLE 40-J, series of 2022
b. Modes in selecting a bargaining
agent/representative
1. SEBA Certification
i. Who may file
ii. Requirements
iii. Procedure
iv. Effect of issuance of a certification

2. Certification election Ren Transport Corp. v. National Labor Relations Commission G.R. Nos. 188020 & 188252, June 27, 2016
i. Who may file R. Transport Corp. v. Laguesma , G.R. No. 106830, November 16, 1993
ii. Unorganized v. organized Republic Planters Bank General Services Employees Union v. Laguesma, G R. No. 119675, November 21, 1996
establishments National Congress of Unions in the Sugar Industry of the Phils. (NCUSIP)-TUCP v. Trajano, G.R. No. L-67485, April
iii. Requirements 10, 1992
iv. Double majority rule St. James School of Quezon City v. Samahang Manggagawa sa St. James School of Quezon City , G.R. No. 151326,
v. Certificate of non-forum shopping November 23, 2005
Oriental Tin Can & Metal Sheet v. Laguesma, G.R. No. 116779, August 28, 1998
3. Consent election Capitol Medical CenterAlliance of Concerned Employees v. Laguesma, G.R. No. 118915, February 4, 1997
i. Consent v. certification election Kaisahan ng Manggagawang Pilipino v. Trajano, G.R. No. 75810, September 9, 1991
Yokohama Tire Philippines v. Yokohama Employees Union, G.R. No. 159553, December 10, 2007
4. Rerun election NUWHRAIN v. Secretary of Labor, G.R. No. 181531, July 31, 2009
i. Definition SAMMA-LIKHA v. SAMMA Corporation, G.R. No. 167141, March 13, 2009
ii. Procedure Phil. Scout Veterans Security v. Torres, G.R. No. 92357, July 21, 1993
DHL Philippines Corp. v. Buklod ng Manggagawa ng DHL Philippines Corp., G.R. No. 152094, July 22, 2004
WEEK TOPICS READINGS

5. Runoff election Tagaytay Highlands International Golf Club v. Tagaytay Highlands Employees Union, G.R. No. 142000, January
i. Requirements 22, 2003
ii. Procedure

6. Failure of elections

c. Prohibitions/Bar to filing a petition or


conducting an election
d. Employers a bystander rule
e. Duties of med-arbiter/election officer
f. Remedy in case of fraud, misrepresentation,
etc.

XIII. Collective Bargaining and Negotiation Article 237, 261-264, Labor Code; Rule XVI, Book Five, Omnibus Rules
a. Duty to bargain collectively; Definition Section 1(j), (t) and (ss), Rule I, Book V, Omnibus Rules Implementing the Labor Code
b. Pre-termination of a CBA
c. Refusal to enter into collective bargaining Kiok Loy v. NLRC, G.R. No. 54334, January 22, 1986
d. Surface bargaining v. blue-sky bargaining General Milling Corp. v. CA, G.R. No. 146728, February 11, 2004
e. Suspension of negotiations San Pedro Hospital of Digos v. Secretary of Labor, G.R. No. 104624, October 11, 2006
f. Duty of successor employer/absorption Sundowner Development Corporation v. Drilon, G.R. No. 82341, December 6, 1989
(accretion) doctrine BPI V. BPI employees Union, G.R. No. 164301, August 10, 2010; October 19, 2011
Hongkong Bank Independent Labor Union v. Hongkong and Shanghai Bank, G.R. No. 218390, February 28, 2018
SONEDCO Workers Free Labor Union v. Universal Robina Corporation G.R. No. 220383, October 5, 2016
Confederation for Unity, Recognition and Advancement of Government Employees v. Abad supra
Rivera v. Espiritu, G.R. No. 135547, January 23, 2002

12 XIV. Collective Bargaining Agreement Art. 265, Labor Code; Rule XVII-XVIII, Omnibus Rules
a. Terms of a CBA; Mandatory provisions FVC-Labor Union-PTGWO v. SANAMA-FVC-SIGLO, G.R. No. 176249, Nov. 27, 2009
i. Period Capitol Medical Center Alliance of Concerned Employees v. Laguesma, G.R. No. 118915, February 4, 1997
ii. Retroactivity of CBA Caltex Refinery Employees Association v. Brillantes, G.R. No. 123782, September 16, 1997
iii. Hold-over principle University of the East v. Pepanio, G.R. No. 193897, January 13, 2013
iv. Automatic incorporation
WEEK TOPICS READINGS

b. Freedom period
XV. Unfair Labor Practices Arts. 258-260, Labor Code
1. Concept/Nature
2. Scope Insular Life Assurance Employees Asso. v. Insular Life, G.R. No. L-2529, Jan. 30, 1971
3. Civil and criminal aspects Foodbev International v. Ferrer, G.R. No. 206795, September 16, 2019
4. Elements Mendoza v. Officers of Manila Water Employees Union, G.R. No. 201595, January 25, 2016
5. Employer Cathay Pacific Steel v. CA, G.R. No. 164561, August 30, 2006
a. Interference Cainta Catholic School v. Cainta Catholic School Employees Union, G.R. No. 15102, May 4, 2006
b. No joining/withdrawal from union (yellow Purefoods v. Nagkakaisang Samahang Manggagawa ng Purefoods, G.R. No. 150896, August 28, 2008
dog contract) Adamson University Faculty and Employees Union v. Adamson University, G.R. No. 227070, March 9, 2020
c. Contracting out BPI Employees Union-Davao City-FUBU v. BPI, G.R. No. 174912, July 24, 2013
CEPALCO v. CEPALCO Employee’s Labor Union, G.R. No. 211015, June 20, 2016
d. Company union
e. Discrimination; union security PICOP v. Taneca, G.R. No. 160828, August 9, 2010
f. Violation or refusal to comply with CBA; NUWHRAIN v. NLRC, G.R. No. 179402, September 30, 2008
refusal to bargain collectively BPI V. BPI Employees Union–Davao Chapter, G.R. No. 164301, Aug. 10, 2010
g. Violation of CBA
1. Runaway shop Complex Electronics Employees Asso. v. Complex Electronics, G.R. No. 122136, July 19, 1999
6. Employee
1. Blue sky bargaining
2. Featherbedding Foodbev International v. Ferrer, G.R. No. 206795, September 16, 2019
i. Union busting
j. Persons liable for ULP
1. Piercing the veil Montealegre v. De Vera, G.R. No. 208920, July 10, 2019
k. Prescriptive period
XVI. Grievance Machinery & Voluntary Arbitration Arts. 273-277; Rules XIX, Omnibus Rules
Octavio v. PLDT, G.R. No. 175492, February 27, 2013
Goya Inc. v. Goya Employees’ Union, G.R. No. 170054, January 21, 2013
Honda Cars v. Honda Cars Technical Specialist, G.R. No. 204102, Nov. 19, 2014
Ace Navigation Co., Inc. v. Fernandez, G.R. No. 197309, October 10, 2012
13 XVII. Concerted Activities Arts. 278-281, Labor Code
1. Strikes
a. Grounds Interphil Laboratories Employees Union v. Interphil Laboratories, G.R. No. 142824, December 19, 2001
WEEK TOPICS READINGS

b. Requirements NUWHRAIN-APL-IUF Dusit Hotel Nikko Chapter v. CA, G.R. Nos. 163942 and 166295, November 11, 2008
c. Forms Club Filipino v. Bautista, G.R. No. 168406, July 13, 2009
d. Legal v. Illegal strike Bigg’s, Inc. v. Boncacas, G.R. No. 200487, March 6, 2019

2. Lockout
a. Strike v. lockout
b. Lockout v. shutdown
c. Grounds
d. Requirements
7. Picketing; Innocent Bystander

8. Boycott Santa Rosa Coca Cola Plant Employees Union v. Coca-Cola Bottlers, G.R. Nos. 164302-03, January 24, 2007
a. Prohibited activities
b. Prohibited activities and practices
c. Liability of strikers
1. Legal v. illegal strike
2. Union officers v. union members Hongkong & Shanghai Banking Corp. v. NLRC, G.R No. 156335, Jan. 11, 2016
Ramirez v. Polyson Industries, Inc., G.R. No. 207898, October 19, 2016

XVIII. Assumption of Jurisdiction and Injunctions Art. 278, Labor Code


a. Assumption of jurisdiction DOLE Order No. 40-H-13, series of 2013
b. Certified labor disputes San Fernando Coca-Cola Rank-and-File Union v. CCBPI, G.R. No. 200499, October 4, 2017
c. Return-to-work order University of the Immaculate Concepcion v. Office of the Secretary of Labor and Employment, G.R. Nos. 178085-
1. Status quo ante 178086, September 14, 2015
2. Payroll reinstatement Union of Filipro Employees v. NLRC, G.R. No. 91025, December 19, 1990
OWWA v. Chavez, G.R. No. 169802, June 8, 2007
Univ. of Immaculate Concepcion v. Sec. of Labor, G.R. No. 151379, January 14, 2005
Manila Diamond Hotel Employees’ Union v. CA, G.R. No. 140518, December 16, 2004

13-14 XIX. Termination of Employment DOLE Department Order No. 147-15


a. By the Employee Art. 300, Labor Code
1. Just cause
2. Without cause; Resignation Jacob v. First step Manpower Int’l Services, Inc., G.R. No. 229884, July 8, 2020 (resignation)
WEEK TOPICS READINGS

Tacis v. Shields Security Services, Inc., G.R. No. 234575, July 7, 2021
Bance v. University of St. Anthony, G.R. No. 202724, February 3, 2021
Italkarat 18, Inc. v. Gerasmio, G.R. No. 221411, September 28, 2020
Villola v. United Philippine Lines, Inc., G.R. No. 230047, October 9, 2019
b. Civic or military duty

c. By the employer
1. Just Causes Systems and Plan Integrator and Development Corp. v. Ballesteros, G.R. No. 217119, [April 25, 2022])
a. Willful Disobedience; Serious Misconduct Colegio San Agustin-Bacolod v. Montaño, supra
University of the Cordilleras v. Lacanaria, supra
Northwest Airlines v. del Rosario, G.R. No. 157633, Sept. 10, 2014
Colegio de San Juan de Letran-Calamba v. Villas, G.R. No. 137795, March 26, 2003
Leus v. St. Scholastica’s College, G.R. No. 187226, January 28, 2015
St. Luke’s Medical v. Sanchez, G.R. No. 212054, March 11, 2015
Cebu People’s Multi-Purpose Cooperative v. Carbonilla,Jr, G.R. No. 212070, Jan 27, 2016
Agayan v. Kital Philippines, G.R. No. 229703, December 4, 2019
Adamson University Faculty and Employees Union v. Adamson University, G.R. No. 227070, March 9, 2020
Unirock Corporation v. CA, G.R. No. 192113, September 7, 2020
b. Gross and Habitual Negligence Lufthansa Technik Philippines, Inc. v. Cuizon, G.R. No. 184452, February 12, 2020
i. Totality of Infractions Reyes-Rayel v. Phil. Luen Thai Holdings, G.R. 174893, July 11, 2012
Japos v. First Agrarian Reform Multi-Purpose Cooperative, G.R. No. 208000, July 26, 2017
Casco v. NLRC, G.R. No. 200571, February 19, 2018
Villanueva v. Ganco Resort and Recreation, Inc., G.R. No. 227175, January 8, 2020
Rustan Commercial Corp. v. Raysag, G.R. No. 219664, May 12, 2021

c. Loss of trust and confidence Lufthansa Technik Philippines, Inc. v. Cuizon, supra
Lamadrid v. Cathay Pacific Airways, supra
Maynes v. Oreiro, G.R. No. 206109, November 25, 2020
JR Hauling Services v. Solamo, G.R. No. 214294, September 30, 2020
Inocente v. St. Vincent Foundation for Children and Aging, Inc., G.R. No. 202621, June 22, 2016
Jalit, Sr. v. Cargo Safeway, Inc., G.R. No. 238147, September 29, 2021
Pacific Royal Basic Foods, Inc. v. Noche, G.R. No. 202392, October 4, 2021
WEEK TOPICS READINGS

d. Commission of a Crime

e. Analogous Causes CMP Federal Security Agency v. Reyes, Jr., G.R. No. 223082, June 26, 2019
Hocheng Phils. v. Farrales, G.R. No. 211497, March 18, 2015
Yrasuegui v. PAL, G.R. No. 168081, October 17, 2008
Puncia v. Toyota Shaw/Pasig, Inc., G.R. No. 214399, June 28, 2016
Telephilippines, Inc. v. Jacolbe, G.R. No. 233999, February 18, 2019
f. Abandonment; Floating Status Gososo v. Leyte Lumber Yard and Hardware, Inc., G.R. No. 205257, January 13, 2021
Santos v. King Cher, G.R. No. 211073, November 25, 2020
14-15 2. Authorized Causes
a. Installation of Labor Saving Device
b. Redundancy Aboitiz Power Renewables v. Aboitiz Power, G.R. No. 237036, July 8, 2020
Acosta v. Matiere SAS, G.R. No. 232870, June 3, 2019
Manggagawa sa Komunikasyon ng Pilipinas v. PLDT, G.R. Nos. 190389-90, April 19, 2017

c. Retrenchment Blue Eagle Management v. Naval, G.R. No. 192488, April 19,2016
FASAP v. PAL, G.R. No. 178083, March 13, 2018
La Consolacion College v. Pascua, G.R. No. 214744, March 14, 2018
Am-Phil Food Concepts v. Padilla, G.R. No. 188753, October 1, 2014
Mount Carmel Employees Union v. Mount Carmel, G.R. No. 187621, September 24, 2014
G.J.T. Rebuilders Machine Shop v. Ambos, G.R.No. 174184, January 28, 2015
Philippine Journalists, Inc. v. de Guzman, G.R. No. 208027, April 1, 2019
Shimizu Phils. v. Callanta, G.R. No. 165923, Sept. 29, 2010
International Management v. Logarta, G.R. No. 163657, April 18, 2012

d. Closure of Business North Davao Mining v. NLRC, 254 SCRA 721


Benson Industries Employees Union v. Benson Employees, G.R. No. 200746, August 6, 2014

e. Disease Marina's Creation Enterprises v. Ancheta, G.R. No. 218333, December 7, 2016
Villaruel v. Yeo Han Guan, G.R. No. 169191, June 1, 2011
Wuerth Philippines v. Ynson, G.R. No. 175932, February 15, 2012
3. Procedural Due Process
a. Twin notice Reyes v. Rural Bank of San Rafael (Bulacan), Inc., G.R. No. 230597, March 23, 2022
WEEK TOPICS READINGS

Pacific Royal Basic Foods, Inc. v. Noche, G.R. No. 202392, October 4, 2021

b. Failure to comply Agabon v. NLRC, G.R. No. 158693, November 17, 2004
Jaka Food Processing v. Pacot, G.R. No. 151378, March 28, 2005
Deoferio v. Intel Technology, G.R. No. 202996, June 18, 2014
Clemente v. Eso Nice Transport, G.R. No. 228231, August 28, 2019
Del Pilar v. Batangas II Electric Cooperative, Inc. , G.R. No. 160090, February 19, 2020

c. Ample opportunity to be heard CMP Federal Security Agency v. Reyes, Jr., G.R. No. 223082, June 26, 2019

d. Terminating a probationary employee Canadian Opportunities Unlimited v. Dalangin, Jr., G.R. No. 172223, February 6, 2012

e. Effect of merger Phil. Geothermal, Inc. Employees Union v. UNOCAL Philippines, Inc., 190187, September 28, 2016

g. Reinstatement; Backwages; separation Verizon Communications Philippines, Inc. v. Margin, G.R. No. 216599, September 16, 2020
pay Cuadra v. San Miguel Corp., G.R. No. 194467, July 13, 2020
Dumapis v. Lepanto Consolidated Mining Co., G.R. No. 204060, September 15, 2020
Philippine National Bank v. Bulatao, G.R. No. 200972, December 11, 2019
4. Preventive Suspension Philam Homeowners Association, Inc. v. de Luna, G.R. No. 209437, March 17, 2021
Telus International Philippines, Inc. v. de Guzman, G.R. No. 202676, December 4, 2019
Blue Sky Trading v. Blas, G.R. No. 190559, March 7, 2012
15 5. Retirement Art. 302, Labor Code
R.A. No. 10789; DOLE Department Order No. 169, series of 2017
R.A. No. 10757; DOLE Department Order No. 167-16, series of 2021

Guagua National Colleges v. Guagua National Colleges Faculty Labor Union, G.R. No. 213730, [June 23, 2021
Philippine National Bank v. Bulatao, G.R. No. 200972, December 11, 2019
Grace Christian High School v. Lavandera, G.R. No. 177845, Aug 20, 2014
Universal Robina Sugar Milling Corp. v. Caballeda, 560 SCRA 115
Obusan v. PNB, G.R. No. 181178, July 26, 2010
Goodyear Phils. v. Angus, G.R. No. 185449, November 12, 2014
Robina Farms Cebu v. Villa, G.R. No. 175869, April 18, 2016
United Doctors Medical Center v. Bernadas, G.R. No. 209468, December 13, 2017
WEEK TOPICS READINGS

Laya v. Phil. Veterans Bank, G.R. No. 205813, January 10, 2018
Beltran v. AMA Computer College, G.R. No. 223795, April 3, 2019
Father Saturnino Urios University (FSUU), Inc. v. Curaza, G.R. No. 223621, June 10, 2020

15-16 XX. Jurisdiction and Remedies


A. Labor Arbiter Art. 224, Labor Code; Department Order No. 107, s. 2010
i. Jurisdiction Malcaba v. PROHEALTH Pharma Phils. , G.R. No. 209085, June 6, 2018
ii. Requirements to perfect appeal to NLRC PAL v. Airlines Pilots Association of the Philippines, G.R. No. 200088 , February 26, 2018
Portillo v. Rudolf Lietz, G.R. No. 196539, October 10, 2012
Pacific Consultants v. Schonfeld, G.R. No. 166920, February 19, 2007
Ellao v. Batangas I Electric Cooperative, Inc. , G.R. No. 209166, July 9, 2018
Pacios v. Tahanang Walang Hagdanan , G.R. No. 229579, November 18, 2018
Pasay City Alliance Church v. Benito , G.R. No. 226908, November 28, 2019
Bismonte v. Golden Sunset Resort and Spa, G.R. No. 229326, November 5, 2018
Republic v. National Labor Relations Commission, G.R. No. 174747 March 9, 2016
Balite v. S.S. Ventures, G.R. No. 195109, February 4, 2015
Sugarsteel Industrial v. Albina, G.R. No. 168749, June 6, 2016
Agustin International Center, Inc. v. Bartolome, G.R. No. 226578, January 28, 2019
Pacific Royal Basic Foods, Inc. v. Noche, supra

B. NLRC Milan v. NLRC, G.R. No. 202961, February 4, 2015


i. Jurisdiction Michelin Asia Pacific Application v. Ortiz, G.R. No. 189861, Nov. 19, 2014

ii. Appeal via Rule 65 St. Martin Funeral Homes v. NLRC, G.R. No. 142351, November 22, 2006

C. Bureau of Labor Relations


i. Jurisdiction (original and appellate)

D. National Conciliation and Mediation Board Department Order No. 107, s. 2010; The Rules of Procedure Of the Single Entry Approach
i. Conciliation vs. Mediation
ii. Preventive mediation
WEEK TOPICS READINGS

E. DOLE regional directors


i. Visitorial and enforcement powers Refer to Compliance monitoring
ii. Small money claims Sec. 37, R.A. No. 10361

F. DOLE secretary Art. 229-231, Labor Code


i. Visitorial and enforcement powers Sec. 9, Rule XIV, Omnibus Rules
ii. Power to suspend effects of termination NFL v. Laguesma, G.R. No. 123426, March 10, 1999
iii. Remedies against decisions of Secretary DOLE v. Kentex Manufacturing, G.R. No. 233781, July 8, 2019

G. Voluntary arbitrators Arts. 273-277, Labor Code; Rule 43, Rules of Court
i. Submission agreement 7K Corporation v. Albarico, G.R. No. 182295, June 26, 2013
Victoria Manufacturing Corp. Employees Union v. Victoria Manufacturing Corp. G.R. No.234446, July 24, 2019
Guagua National Colleges v. Guagua National Colleges Faculty Labor Union, G.R. No. 204693, July 13, 2016
Guagua National Colleges v. Guagua National Colleges Faculty Labor Union, G.R. No. 188492, August 28, 2018

ii. Remedy NFL v. Laguesma, G.R. No. 123426, March 10, 1999
Coca-Cola Femsa Philippines, Inc. v. Bacolod Sales Force Union-Congress of Independent Organization-ALU, G.R.
No. 220605, September 21, 2016

H. Prescription of actions Republic v. National Labor Relations Commission, G.R. No. 174747, March 9, 2016
i. Money claims Montero v. Times Transportation, G.R. No. 190828, March 16, 2015
ii. Illegal dismissal
iii. Unfair labor practice
iv. Offenses
17 Final Exams

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