Polytechnic University of the Philippines

College of Law
Manila

LABOR LAW REVIEW

1st Exercise

Instructions: Please answer the numbered questions below in lieu of a lecture.

Submit your encoded answers before midnight of next Friday, 29
April 2022. Some of the questions will be recycled for the Final
Exam.

I
RIGHT TO SECURITY OF TENURE
(Concept and Violation)

The Diocese of Baguio, under Bishop Victor Bendico, entered into a 10-year
agreement with the Sisters of the Immaculate Heart of Mary (SIHM) to operate and
manage the Girls High School of the diocese. The agreement authorized the nuns to
hire teachers and to build their convent inside the estate of the diocese located at St.
Mary’s Hill, just below the cathedral. The school was under the supervision of Fr. Noel
Panayo, Rector of the cathedral. Pursuant to the management contract, the SIHM
hired 10 teachers.

01. The Rector screened the teachers and explained to them the conditions
for continuing employment. Thereafter, the Mother Superior who was fondly called by
the nuns as Mommy Su prepared their appointment letters which were then signed by
the incoming educators inside the office of the Rector. When classes opened, Mommy
Su visited the classrooms to greet the students and announced school policies crafted
by the SIHM. Before going home, the teachers were required to drop by her office
where she reminded them of the academic policies of the diocese which they had to
adhere to all the time. Who was the employer of the teachers? Explain.

02. On the third year of the contract, however, Fr. Panayo terminated it for
the reason that the tuition fees could not sustain the school operations and donations
were not forthcoming due to the death of major benefactors. As a result, the teachers
who were unpaid of their salaries and benefits had to be floated in the meantime that
the future of the Girls High School was being studied by the financial advisers of the
Bishop. Substitute teachers consisting of volunteer ex-seminarians with teaching
degrees handled the classes for a song. Of the 10 displaced teachers, four accepted
separation benefits and applied for teaching jobs at the University of Baguio Science
High School; three were absorbed by the St. Louis Pacdal High School ; and two were
invited by the St. Don Bosco High School. As to the 10th teacher, Miss Maritess, she
would not want to go anywhere. Instead, she threatened to sue Mommy Su for illegal
dismissal. If she sues Mommy Su, would her suit prosper? Why/why not?
 II
THE SUBJECT OF THE RIGHT
(Regular Employment)

Mommy Su showed Fr. Panayo a letter from Atty. Christian Perez, lawyer
of Maritess, demanding for her reinstatement on the ground that she was a
regular teacher for having taught for more than six months. The priest, in turn,
showed the letter to Bishop Bendico who now invites you for legal advice. You
have steak and red wine for dinner; hence, you must give him your best shot so
that he might consider hiring you as his counsel to replace his 95-year old
lawyer.

01. Discuss to him employer-employee relationship, regular

employment and termination law in connection to the case of Maritess who is a
teacher.
02. Suppose Maritess were a kasambahay, how would you adjust your
discussion of the same legal points?
03. Suppose Maritess were the Bishop’s personal secretary, how would
you discuss the same points?

MANAGEMENT PREROGATIVE
(Extent and Limitation)

As the Bishop’s lawyer, prepare a brief handbook on management

prerogative for his guidance.

IV
RIGHT TO DISMISS
(Just and Authorized Causes)

When Mommy SU returned to the Philippines, after a visit to the US, she
reported to the Bishop that she was able to convince the Mother Butlers
Foundation to support the Girls High School. Hence, the school was
repositioned sooner than expected. The ex-seminarians were then relieved of
their teaching duties. In their place were hired Law students with teaching
degrees who were given fixed-term employment contracts good for four years
or until they finished JD and moved out to take the Bar examinations.

01. Rigo failed Remedial Law Review and was not able to graduate
and take the Bar exam. If notified of the expiration of his contract, would he
have a way of still staying employed as a teacher? Discuss.
 02. Suppose the Mother Bothers Foundation pull out resulting in the
school’s total lack of financial capability to continue operating, what course of
action would you recommend to the school? Discuss.
03. Denver quit Bar review and returned to reclaim his teaching
position, arguing that his JD and Bar exam were not projects or undertakings;
hence, according to him, he could not be dissociated on the ground of either
project completion or expiration of contract. Is Denver’s argument with merit?
Explain.

V
PRE-TERMINATION PROCEDURE
(Nominal Damages)

Fr. Panayo, who was always arguing with Mommy Su over how to
discipline kitchen staff, drivers and gardeners, finally decided to dismiss 1 kitchen
girl, 1 driver and 1 gardener. Explain to him the valid termination ground/s he
can rely on and the pre-termination procedure he must observe to avoid
liability, especially for nominal damages.

VI
CONSEQUENCES OF ILLEGAL DISMISSAL
(Backwages and Reinstatement)

After 10 years of Law practice, President Robredo appoints you as a Labor

Arbiter for the NLRC-CAR. Melchor, the driver who was dismissed by Fr. Panayo
3 years ago, filed with your office a complaint for illegal dismissal. You
determine that the Rector violated all your instructions, advice and
recommendations. You have no choice but to declare the dismissal illegal.
Write the dispositive portion of your decision in favor of Melchor.

VII
JURISDICTION
(Venue and Jurisdictional Rules)

Back to Maritess. Without the assistance of Atty. Perez, Maritess requested

for SEnA assistance over her unpaid salaries and benefits and her claim of illegal
dismissal. As she only proceeded against Mommy Su who had already been re-
assigned to the SIHM House in the USA, mediation proceedings were
terminated; thus, her complaint for illegal dismissal and non-payment of salaries
and benefits was subsequently filed and raffled to the sala of LA Val Paredes.
During the post-complaint mediation, Mommy Su was a no-show again
because she could not be served summons.
 01. Maritess decided to replace Atty. Perez after discovering that he
went to the San Pablo Seminary with Fr. Panayo. Hence, she came to you. By
that time, you had already resigned as LA. After informing the new Bishop that
you were going to handle the case of Maritess, you determine that there is a
need to amend the complaint. What are the necessary amendments to make,
and when and how should you amend the complaint?

02. Maritess told you what Atty. Perez had told her, viz., the SIHM had
no legal personality and that it just acted as a manpower recruiter. Of course,
being the former Bishop’s lawyer, you knew that all along. Based on that fact,
you determine that there is a need to have the contract between the Diocese
of Baguio and the SIHM to be declared a nullity for being unconstitutional under
the Full Protection Clause in Sec. 3, Art. XIII of the Constitution. Bearing in mind
jurisdictional rules, should you seek nullification separately by filing a petition for
declaratory relief with the RTC or should you attack the contract collaterally in
the same labor case?

VIII
Discuss the termination of the following employees, focusing on ground/s
and procedure:
1. Fixed-term employee;
2. Seafarer;
3. Casual employee;
4. Probationary employee;
5. Contractual employee (D.O. 174);
6. Security guard;
7. Seasonal employee;
8. Learner;
9. Apprentice; and
10. OFW