SYLLABUS 2021

LABOR RELATIONS ( XAVIER UNIVERSITY-ATENEO DE

CAGAYAN COLLEGE OF LAW)

Instructor: Atty. Francis U. Ku

DESCRIPTION OF THE COURSE

A study on the relationship between management and workers,

their unions and associations; the process of collective bargaining;
and the rights of workers , with focus on the private sector.

Grading 100 %:

Midterm Examination 25%

Final Examinations 25%
Recitation/Quiz 20%
Digests 10%
Attendance 20 %

Guide Book: The Labor Code With Comments and Cases , 2016
Edition No. 9 Volume II-A and II-B
(Cesario A. Azucena Jr.)

Fundamental Principles and Policies

A. Constitutional provisions

Definition of social justice

1. Article II, Secs. 9, 10, 11, 13, 14, 18, 20.

2. Article III Section 1 (due process and equal protection)
3. Article III, Secs. 1, 4, 8.
4. Art. XIII, Secs. 1, 2, 3, 14.

B. Civil Code

1. Articles 1700 and 1701

2. Art. 1703 to 1712.
Article 1700. New Civil Code. The relations between capital and
labor are not merely contractual. They are so impressed with public
interest that labor contacts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts, closed shops,
wages, working conditions, hours of labor and similar subjects.

Art. 1701 Neither capital nor labor shall act oppressively against
the other, or impair the interest or convenience of the public.

1702 In case of doubt, all labor legislation and all labor contracts
shall be construed in favor of the safety and decent living for the
laborer.

Human Relations Under Civil Code:

Art. 19 to 35.

The anti-social and oppressive abuse of its right to investigate and

dismiss its employees constitute a violation of Article 1701 of the
New Civil Code which prohibits acts of oppression by either capital
or labor against the other, and Article 21 on human relations. The
grant of moral damages to the employees by reason of such conduct
on the part of the company is sanctioned by Article 2219, No. 10 of
the Civil Code, which allows recovery of such damages in actions
referred to in Article 21 to 35.

Labor Code:1

1. Article 3 - Declaration of Basic Policy

2. Article 218 - Declaration of Policy
3. Article 219- Definitions

Other sources of law: Migrant Workers Act , POEA-SEC, DOLE

Issuances and DepEd issuances ( Manuals of Regulations for
Private Schools In Basic Education and Higher Education).

Constitution:
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Labor Code renumbered as a result of Republic No. 10151 entitled, "AN ACT ALLOWING THE
EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES."

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1. Art. II, Secs. 9, 10 and 18;

2. Art. III, Sec 1 and 8;

3. Art. IX B, Sec. 2 subsection 3;2

4. Art. XII, Sec. 12; and

5. Art. XIII, Secs. 3 and 14.

ART II

SECTION 9. The State shall promote a just and dynamic

social order that will ensure the prosperity and independence
of the nation and free the people from poverty through policies
that provide adequate social services, promote full
employment, a rising standard of living, and an improved
quality of life for all.

SECTION 10. The State shall promote social justice in all

phases of national development.

SECTION 18. The State affirms labor as a primary social

economic force. It shall protect the rights of workers and
promote their welfare.

ARTICLE III

Section 1. No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person be
denied the equal protection of the laws.

SECTION 8. The right of the people, including those

employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall
not be abridged.

ART XII

2
For Civil Service Employees

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 SECTION 12. The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced goods,
and adopt measures that help make them competitive.

ART XIII (Social Justice and Human Rights)

SECTION 3. The State shall afford full protection to labor,

local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for
all.

It shall guarantee the rights of all workers to self-organization,

collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions
of work, and a living wage. They shall also participate in policy
and decision-making processes affecting their rights and
benefits as may be provided by law.

The State shall promote the principle of shared responsibility

between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation,
and shall enforce their mutual compliance therewith to foster
industrial peace.

The State shall regulate the relations between workers and

employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns on investments, and to expansion and growth.

SECTION 14. The State shall protect working women by

providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.

Employment

A. Employer-employee relationship

1. Four-fold test and Economic Reality Test

2. When does employment relationship commence?

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3. Probationary employment

4. Kinds of employment status

a) Regular employment
b) Project employment
c) Seasonal employment
d) Casual employment
e) Fixed term employment - different forms

5. Job contracting and labor-only contracting

DOLE Department Order No. 174 Series of 2017

(Rules Implementing Articles 106 to 109 of the Labor Code, As
Amended)

Define "ENDO".

How about Job Order/"casual" employees of government?

B. Managerial Prerogative

C. Termination of employment

1. Substantive due process

a.) Just causes

(i) Serious misconduct or willful disobedience

(ii) Gross and habitual neglect of duties
(iii) Fraud or willful breach of trust (loss of trust and
confidence)
(iv) Abandonment of employment;
(v) Termination of employment pursuant to a union security
clause ; and
(vi) Analogous cases.

Must the rule of discipline/code of conduct also be fair per se? Is

this part of substantive due process?

Totality of infractions doctrine

b.) Authorized causes

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 (i) Redundancy, retrenchment and closure
(a) Procedural steps required
(b) Requirements for valid retrenchment/redundancy
(c) Criteria in selecting employees for dismissal
(d) Standards to be followed

(ii) Disease or illness/death

Covid-related termination- DOLE Advisory No. 6 Series of

2020 (Guidelines on the payment of final pay and issuance of
certificate of employment).

c.) Termination due to union security clause

- must the employer blindly follow the union's decision?

d.) Termination of employment by employee/resignation

Burden of proof to prove dismissal or to prove resignation . What if

no resignation letter? Mark Eliseus Villola v United Phil. Lines
(Oct. 9, 2019)

ITALKARA 18 v JURALDINE GERASMIO G.R. No. 221411; Sept.

28,2020- Resignation- Burden of proof

Panasonic Manufacturing Phils. v John Peckson (March

20,2019)- resignation or constructive dismissal?

e. ) Retirement

- can retirement pay co-exist with separation pay?

f.) Suspension of operations - Art. 301 LC "floating status".

-"Floating status" during pandemic (DOLE D.O 215-2020 Oct.

23, 2020) - is this executive legislation via implementing rules and
regulations?

2. Procedural due process

a) Procedure to be observed in termination cases

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 b) Guiding principles in connection with the hearing
requirements in dismissal cases.
- Necessity of assistance of counsel?

c) Doctrine in Agabon vs. NLRC (Nov. 17, 2004)- there is just

cause but no procedural due process

3. Reliefs for illegal dismissal

a) Reinstatement aspect

(i) Immediately executory

(ii) Actual reinstatement
(iii) Payroll reinstatement

b) Separation pay in lieu of reinstatement

(i) Strained relation rule

Separation pay due to Strained Relationship:

Rodriguez v Sintron Systems ( July 24, 2019)

c) Backwages

d) Constructive dismissal

4. Preventive suspension

5. Quitclaims/Waivers/Compromise Agreements

Management Prerogative:

What is the basis in law for this principle under the

Constitution or statutes?

Constitution: Equal Protection , due process and "right of

enterprises to reasonable returns on investments, and to expansion
and growth".

Articles 427 and 428 CIVIL CODE - Property rights over a "thing"
(business or the worker?).

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The law can impose conditions on the exercise thereof e.g in the
hiring ( see R.A. 6658 which an act requiring private contractors to
locally hire a percentage of workers from the locality) and in the
process of termination of the employee

a.) Discipline

Right to suspend driver who has arrears in boundary?- Caong v

Regualos (Jan. 26, 2011)- reasonable rules?

b). Transfer of employees

c.) Productivity Standards/ineffiency/quota/reasonable work

assignments- (Armando Aliling v Feliciano , April 25, 2012)

d.) Bona Fide Occupational Qualifications-

- weight standards
- gender
- religion
- disability
- sexual orientation
-age
-citizenship

Age: section 5 of R.A. 9994 (Expanded Senior Citizens Act)

R.A. 10911- Anti-Age Discrimination In Employment Act

section 35 of R.A. 8504 (Phil. AIDS Prevention and Control Act)

prohibits discrimination in workplace - is this connected to
sexuality?

Burden of proof of Discriminatory Acts- applicant or employee

(Caltex Phils v. Phil. Labor Organization; April 29, 1953)

e.) Post Employment Restrictions - Contractual clauses like

Employment ban, Non Compete ,Non disclosure, non-poaching, etc.

Rivera v Solidbank (April 19, 2006)- bank manager-

reasonableness of the one year ban

Thus, in determining whether the contract is reasonable or not, the

trial court should consider the following factors: (a) whether the
covenant protects a legitimate business interest of the employer; (b)
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whether the covenant creates an undue burden on the employee; (c)
whether the covenant is injurious to the public welfare; (d) whether
the time and territorial limitations contained in the covenant are
reasonable; and (e) whether the restraint is reasonable from the
standpoint of public policy.

Daisy Tiu v Platinum Plans Phils Inc. (Feb. 28, 2007)

2 years non-involvement clause - valid?

Labor Relations

A. Right to self-organization

1. Who may unionize for purposes of collective bargaining?

a) Who cannot form, join or assist labor organizations
b.) Definition of managerial, supervisory and rank-and-file
employee.

2. Bargaining unit
a) Test to determine the constituency of an appropriate
bargaining unit
b) Voluntary recognition
c) Certification election
(i) In an unorganized establishment
(ii) In an organized establishment
(iii) Rules prohibiting the filing of petition for certification
election
(iv) Requirements for validity of certification election

e) Consent election
g) Affiliation and disaffiliation of the local union from the
mother union
(i) Substitutionary doctrine

h) Union dues and special assessments

(i) Requirements for validity
(j) Agency fees

B. Right to collective bargaining

1. Duty to bargain collectively

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 a) Kiok Loy v. NLRC (January 22,1986) - CBA by default

2. Mandatory provisions of CBA

a) Grievance procedure
b) Voluntary arbitration
c) No strike-no lockout clause
d) Labor management council

3. Unfair Labor Practice in collective bargaining

a) Bargaining in bad faith

b) Refusal to bargain
c) Blue sky bargaining
d) Surface bargaining

4. Unfair Labor Practice (ULP)

a) ULP of employers
b) ULP of labor organizations

C. Right to peaceful concerted activities

1. Forms of concerted activities

2. Who may declare a strike or lockout?
3. Requisites for a valid strike
4. Requisites for a valid lockout
5. Requisites for lawful picketing
6. Assumption of jurisdiction by the Secretary of Labor or
certification of the labor dispute to the NLRC for compulsory
arbitration
7. Nature of assumption order or certification order
8. Effect of defiance of assumption or certification orders
9. Illegal strike:
a) Liability of officers of the unions
b) Liability of ordinary members

Procedure and Jurisdiction

A. Labor arbiter
1. Jurisdiction
2. Requirements to perfect appeal to NLRC

- see also Migrant Workers' Act - jurisdiction vested "by law or

contract"

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B. National Labor Relations Commission (NLRC)

1. Jurisdiction

(Labor Code and R.A. 8042 as amended)

C. Bureau of Labor Relations – Med arbiters

D. National Conciliation and Mediation Board

1. Preventive mediation
2. Voluntary arbitrators

E. DOLE Regional Directors

F. DOLE secretary
1. Visitorial and enforcement powers
2. Power to suspend effects of termination- Return To work
Order
3. Remedy from ruling of DOLE secretary in certified cases-

Is Secretary acting as an ordinary voluntary arbitrator

(decisions are appealed under Rule 43) or as the DOLE Secretary
per se ( challenged via Rule 65)? If under Rule 65 and DOLE has
rules that motion for reconsideration prohibited, must the petitioner
still file a motion for reconsideration before availing certiorari under
Rule 65 to exhaust remedies? . read Philtranco v. Philtranco
Workers' Union ( Feb. 26,2014).

G. Voluntary arbitrators
1. Submission agreement
2. Guagua National Colleges v. Court of Appeals (Aug. 28,
2018; G.R. No. 188492)- 10 days to file motion for
reconsideration then have 15 days under Rule 43 to appeal to
the Court of Appeals.

Cases on VA jurisdiction:

Victoria Manufacturing Corporation Employees Union v.

Victoria Manufacturing Corporation ( July 24, 2019) - income
tax withheld from wages

Atlas Farms Inc. v NLRC- G.R. 142244; Nov. 18, 2002 - how
about illegal dismissal cases?

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Casiano Navarro III v. Damasco ( July 14, 1995)- Code of
conduct violation- do we need to go thru the grievance machinery in
the CBA? is it a "grievance" in contemplation of the Labor Code?

Celestino Viviero v. Court of Appeals-

Oct. 24, 2000- termination disputes

H. Judicial Remedies - Rule 43 (for VA) and for NLRC, Rule 65 and
Rule 45 Rules of Court

I. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses penalized by the Labor Code and Implementing
Rules and regulations issued pursuant thereto

Case on Prescription (Service Incentive Leave Pay) Autobus

Transport System v. Bautista G.R. No. 156367 May 16,2005

- De La Salle Araneta University v Juanito Bernardo- Feb. 13,

2017 G.R. No. 190809

J. Penal Offenses

OFFENSE UNDER THE LABOR CODE and MIGRANT ACT (AND

Revised Penal Code)

- Do we need DOLE approval before filing a criminal case at the

DOJ?

DOJ Circular No. 15 ( series of 1982) and Circular No. 9

(series of 1986) which was reiterated in DOJ M.C. Circular No.
016 dated 22 April 2014 states that the DOJ cannot take
cognizance of the complaint without obtaining prior
clearance from the Office of the President or the DOLE in
filing the information if a charge stems from a labor
dispute.

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Refund/Restitution in case of reversal of judgment (LOYOLA
PLANS CONSOLIDATED V. AYSON, OCT. 16, 2019 G.R. 215919)

ADDITIONAL CASES:

Definition of Social Justice

Maximo Calalang v. Williams (G.R. No. 47800; Dec. 2, 1940)

Due Process:

Reyno Dimson v. Gerry Chua (G.R. No. 192318; Dec.5, 2016)

Art. 219- Definition of Employee

- Is a dismissed employee still an employee?

Jose Bernarte v PBA Sept. 14, 2011- are PBA referees

employees or not?

- Four-fold test

Layers of "employers" in a single establishment? who is considered

the real employer?

Fernandez v Kalookan Slaughterhouse Inc. June 19,2019

Locsin v. PLDT Oct. 2, 2009- security guard

( Shift in the status of employer)

direct hiring without new contract- a person who is not an

employee could transform into one

Aquinas v. Inton – Jan. 26, 2011

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Cathechism conducted by nun of a religious order. Is the school
the employer or the congregation?

Republic v. Asia Pro (Nov. 23, 2007) -- Can cooperatives be

employers?

Orozco v. CA Aug. 13, 2008) - Inquirer's newspaper columnist-

employee or not?

Reyes v. Glaucoma Research Foundation June 17, 2015:

Economic Reality Test – definition – The economic realities

prevailing within the activity or between the parties are examined,
taking into consideration the totality of circumstances surrounding
the true nature of the relationship between the parties. For
example, the benchmark of economic reality ought to be the
economic dependence of the worker on his employer . If not
dependent, it is a factor against employer-employee relationship.

-Consultants or employees?

Corporate Officers or Employees or both?

Real v.Sangu ( Jan. 19, 2011) - corporate dispute or not?

A doctor-pathologist in a hospital laboratory who may also be a

corporate officer:

Dr, Mary Jean Loreche-Amit v Cagayan de Oro Medical Center

June 3, 2019 (G.R. No. 216635)

Are doctors with clinics in multiple hospitals employees?

Does the method of compensation determine essence of

relationship?

Reynaldo Geraldo v Bill Sender Corporation ( Oct. 3, 2018) --

Bill sender paid on piece rate - employee or not?

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(JEEPNEY AND TAXI DRIVER- BOUNDARY SYSTEM?) Martinez
v NLRC 339 Phil 176 citing National Labor Union v Dinglasan
98 Phil 649

Fishing fleet- Joaquin Lu v Enopia ( March 6, 2017)

How about "Grab" , "Food Panda" and "Angkas" drivers ? Are they
employees?

Alien who is a "potential investor"?

ANDREW JAMES MCBURNIE V. GANZON OCT 17, 2013

Workers who are also stockholders:

Maria Lea Jane Gesolgon et al v. Cyberone Ph (Oct. 14, 2020)

WHEN IS A CONTRACT OF EMPLOYMENT PERFECTED OR

COMMENCED? is there a difference?

- per POEA Standard Contracts for seafarers

- what of land-based workers?

Paul Santiago v. CF Sharp Crew Management (July 10, 2007;

G.R. No. 162419)- when is there employee- employee
relationship?

Bright Maritime Corporation v. Ricardo Fantonial (G.R. No.

165935, Feb. 8, 2012)
- A pre-termination of the contract?

C.F. Sharp & Co. v. Pioneer Insurance (G.R. No. 179459; Feb.
15, 2012)

Art. 224 Jurisdiction

Should Labor Arbiter's jurisdiction be connected to existence

of employer-employee relationship in "Filipino workers for
overseas deployment" cases?

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See above POEA cases on failure to deploy- jurisdiction is with
Labor Arbiter per R.A. 8042 section 10 as amended by R.A.
10022 ( "by virtue of any law or contract") , but what if it is not a
OFW contract, where will the action for damages be filed?

- Paul Santiago v CF Sharp July 10, 2007 ( see above)

Halaguena v. PAL Oct. 2, 2009

Compulsory retirement of females; is it labor dispute or not?

Which body has jurisdiction? RTC or NLRC?

Trifon Tumaodos v San Miguel Yamamura Packaging

(Feb. 19, 20200 - a case of interpleader)

Portillo v Lietz ( Oct. 10, 2012)- non-compete clause- claim for

liquidated damages- civil courts

Right to set off liquidated damages:

Milan v NLRC Feb. 4, 2015 - employer may hold separation pay

pending return of property (ejectment from company premises)

-Jurisdiction of claims by employer for damages

Locsin v. Mekeni ( Dec. 9, 2013)- car installment refund of car

plan

PAL v AIRLINE PILOTS ASS. FEB. 26. 2018-damages suffered

by PAL during strike? who has jurisdiction

Art. 228 Attorney's Fees- How to protect fees

Malvar v Kraft Foods ( Sept. 9, 2013) - client compromised

without lawyer's consent- How to remedy?

Art. 233- compromise and quitclaims- validity

RMN v. Amurao Oct. 22, 2014

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Question of fact
-Dire necessity- is it a ground to nullify quitclaim?

J-Phil Marine Inc. v NLRC (Aug. 8, 2011)

-legal counsel did not sign compromise agreement. Is it still valid?

OFW compromise:

Section 10 R.A. 8402 as amended by R.A. 10022 requires

payment of money claims per amicable settlement/compromise
within 30 days from approval of the settlement- What happens
if this is not complied?

Art. 252

Victoriano v Elizalde Rope Workers’ Union

Sept 12, 1974

Hierarchy of religious freedom

Art. 253 - coverage of the right to self organization

Is it relevant to know if entity is government or not? ( see BSP

v. COA June 7, 2011

Art. 259- Enforcement of Union Security Clause

SLORD Development Corp. v. Noya (Feb. 4, 2019; G.R. No.

232687)
- Formation of an union outside the freedom period by a member

Herminigildo Inguillo et al v. First Phils. Scale June 5, 2009:

In the enforcement of an union security clause, should the

employer blindly follow the union's request to terminate a
supposedly disloyal member?

Formation of Organizations:
Samahan ng Mangagawa v Bureau of Labor Relations Oct. 14,
2015

Collective Bargaining Units:

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

CONFIDENTIAL EMPLOYEES:

SAN MIGUEL FOODS INC. V. SAN MIGUEL CORP. SUPERVISORS

AND EXEMPT UNION AUG. 1, 2011

BARGAINING IN BAD FAITH

REN TRANSPORT CORP. V NLRC ( JUNE 27,2016)

STRIKES, PICKETS AND LOCKOUTS

Art. 277 and 278

Solidbank v Gamier Nov. 15, 2010

- Rally in front of DOLE during assumption order of DOLE

Bascon v CA Feb. 5, 2004 - Wearing armbands

NUHWRAIN V C.A. Nov. 11, 2008 (Kalbo case)

Dusit hotel employees who shaved heads - illegal strike or not?

IS CBA BINDING EVEN IF COMPANY CANNOT AFFORD IT

ANYMORE?
BENSON INDUSTRIES EMPLOYEES UNION V. BENSON
INDUSTRIES INC. AUG. 6, 2014

TERMINATION OF EMPLOYMENT

Security of tenure vis-a-vis employment status of employees

GMA network v. Pabriga Nov. 27, 2013 - media station staff.

Difference between project and fixed term employees.

Art. 294 (Regular and Casual Employment)

FVR Skills v. Seva Oct. 22, 2014- Janitor- regular or project?

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GMA Network v Pabriga (Nov. 7, 2013)- "pinch-hitters for
technical staff"-- regular or project or fixed term?

Plasos v. PNCC July 3, 2013 -construction project extended

without qualification. Are workers project or regular?

FIXED TERM/CONTRACTUAL EMPLOYEE:

BRENT SCHOOL VS. ZAMORA (Feb. 5, 1990)- Fixed Term

employment

ARLENE SAMONTE ET AL. V. LA SALLE GREENHILLS, G.R. No.

199683 Feb. 10, 2016
(School doctor and dentist )- fixed term?

ALLAN REGALA Vs. Manila Hotel Corporation (G.R. No.

204684; OCT. 5, 2020) - Is a waiter of Manila Hotel supposedly
hired during spikes in parties a fixed term employee?

Journalists:

Fuji v Espiritu- Dec. 3, 2014

A journalist under contract- fixed term , regular or independent

contractor?

REGULAR BUT FIXED TERM?- is there such a thing? Security of

tenure but has limit?

- Compare with ordinary reporters

Seamen:

Fixed term/contractual- also depends on unique situation like

seaman based on nature of job or appointment ( will the necessity
of parties being on "equal footing" apply? )

Petroleum Shipping Limited v NLRC June 16,2006

Millares v NLRC (GR 110524; July 29, 2002)

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Ceriola v NAESS Shipping ( GR 193101; April 20, 2015)

Agricultural workers:

Mercado v NLRC (Sept. 5, 1991)

LANDMARK CASE- re: project employee in agriculture

Teachers:

YOLANDA MERCADO V. AMA April 13, 2010- fixed term

/contractual?

St.Paul v. Ancheta Sept. 11, 2011- probation for teachers

De La Salle Araneta University v Magdulurang Nov. 20, 2017-

probationary status of teachers

Colegio de Santissimo Rosario v. Rojo Sept 4, 2013 - probation

for teachers.

Manaois v. St. Scholastica Dec. 11, 2013- part time status of

teachers failing to get a master's degree.

JUST CAUSES FOR TERMINATION:

IMASEN v. ALCON ( Oct. 22, 2014) -- Sex at workplace

Alilem Multi-Purpose Cooperative v. Bandiola ( Feb 25, 2013,

G.R. No. 173489) - Can engaging in illicit sexual relations which is
prohibited under a personnel policy be a ground for termination
even if does not connect to the performance of duties? A co-
employee complains that married employee having relationship with
co-employee's sister.

Based on "ethical grounds" i.e. disgrace to the community.

Lagrosas v Squibb ( Sept. 12, 2008) - lovers' fight outside

workplace - serious misconduct?

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Stanfilco-A vs. Jose Tequillo ( July 17, 2019)- fight within
company premises- is it "work-related"? Is the time and place where
the offense was committed relevant?

Immorality (a form of serious misconduct):

Chua Qua v. Clave ( Aug. 30, 1990) -Landmark case on serious

misconduct/romantic relationship between older teacher and
student

- Did gender enter into the ruling? How would you decide this case
under the mores of our times?

Leus v. St. Scholastica Jan. 28, 2015 - A pregnant teacher in

Roman Catholic school - is it immoral or disgraceful conduct ( if
both are free and consenting adults and viewed from a purely
public and secular view of morality) ?

a.) Totality of circumstances surrounding the conduct; and

b.) Assessment of the circumstances with the prevailing norms of
conduct i.e. what society considers moral and respectable.

Christine Joy Cadiz v. Brent Hospital ( G.R. 187417, Feb. 24,

2016)-- immorality of HR officer pregnant out of wedlock and
deemed terminated until she marries her boyfriend.

SC: not immoral but reduced backwages.

Teasing by tickling of knee? - PBS-RTVM v. Vergel Tabasa (Feb.

26, 2020; G.R. No. 234624)- Discussion on the limits of humor
and banter.

Sexual Harassment against men too- Richard Lawrence

Toliongco v. Court of Appeals G.R. 231748 July 8, 2020

Duncan v. Glaxo - Sept. 17, 2008- marrying employee of

competitor which is against company rules

PTT V NLRC- Prohibition on Marriage Stipulation is VOID.

(MAY 23, 1997)

STAR PAPER V SIMBOL April 12, 2006 - rule vs. marriage with
a co-employee?

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Drug cases ( DOLE Department Order No. 53-03 Series of 2003)

- what if you are on the tokhang list?

- Alleged smoking and possible drug use of Louie Mark De

Guzman

A.M. No. 2020-10-SC March 16, 2021

GROSS AND HABITUAL NEGLECT:

LBC V JAMES MATEO JUNE 9, 2009

- must gross also be habitual?

Loss of Trust and Confidence:

Del Monte Fresh Produce (Phil.) v. Betonio (Dec. 4, 2019; G.R.

No. 223485)

-Managerial employee who breached his duties can he be

terminated on ground of loss of trust, even if it does not fall as
"gross and habitual negligence"?

Analogous causes:

Yrasegui v PAL Oct. 17, 2008 - Overweight flight steward

- Bona Fide Occupational Qualification

"Gross inefficiency"- Telephilippines Inc. v. Ferrando Jacolbe

Feb. 18, 2019

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Adamson University Faculty and Employees Union v Adamson
University March 9, 2020- "anak ng puta"- suceeding actions
after the expletive

ART. 297- AUTHORIZED CAUSES

SERIOUS LOSSES

G.J.T. Rebuilders v. Ricardo Ambos et al (Jan. 28, 2015)

If the employer closes the business and it is not losing or the loss is
not "serious ", then the proper separation pay is equivalent to one-
month pay or to at least one-half-month pay for every year of
service, whichever is higher.

Elements of Redundancy - 3M Philippines v.Lauro Yuseco (G.R.

No. 248941) Nov. 9, 2020

Summary of termination rules per DOLE DEPARTMENT ORDER

NO. 147-15 Series of 2015
(Amending The Implementing Rules and Regulations of Book VI
Of The Labor Code of the Phils.)

RESIGNATION:

Private employees who run for public office:

1. Ernesto Ymbong v ABS CBN ( March 7, 2012)

2. Manila Broadcasting Co. vs. NLRC ( Aug. 20, 1998)

Is there "forced resignation"? Advised to resign?

Procedural Due Process:

Statutory Basis - Art. 292 (b) plus the IRR

Use of text messages to terminate:

Moral v Momentum Properties Management (March 6, 2019)

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Is an actual hearing/conference necessary?
Is there a discrepancy between the statute and the IRR of the
Labor Code on this aspect?

CMP Federal Security Agency v. Noel Reyes ( June 26, 2019)

Is "Garden Leave" compliant with due process ?

Rationale for "Garden Leave"?
Is a notice of termination on authorized cause served to any DOLE
office compliant with due process?

Gertrudes Mejila v Wrigley Phils. ( September 11, 2019)

LANDMARK CASE -AGABON vs. NLRC ( Nov. 17, 2004)

- No procedural due process but with just cause

Separation Pay:

Cadavas v Court of Appeals March 20, 2019- Loss of trust;

dishonesty of only P6,000- will this deny payment of separation
pay for her long length of service?

Retirement Pay for part-time employees under R.A. 7641

De La Salle Araneta University v Juanito Bernardo- Feb. 13,
2017 G.R. No. 190809

- even non-regular?
-even employees of job contractors?

Involuntary Retirement? Can this apply to private employees?

Letter of Mrs. Ma. Cristina Corona requesting the grant of
reitirement etc. Jan. 12, 2021

DOLE Department Order 215 Series of 2020 dated 13 October

2020 (Suspension of Employment Relation )

Note: Other cases to be assigned later

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Some Classroom policies:

a.) Students are encouraged to buy the original hard copy

books .

b.) Access to internet allowed during online classes and in

certain situations with the permission of the professor but if
the student uses the chance for entertainment , to gain an
advantage or for an irrelevant purpose, the student will suffer a
demerit in the final grade at the discretion of the professor.

c.) Excuse letters/medical certificate for medical and other

reasons- the professor retains the privilege to accept or reject
the reason .

d.) Tardiness is prohibited. However, reasonable delay will be

allowed on a case-to-case basis. Professor retains the right to
mark the student absent.

e.) Recitations- absent student will get a failing grade if called

(unless excuse is accepted).

f.) Professor will retain privilege to increase or decrease grades

based on his general assessment of the student and the totality
of the conduct during the course, including attentiveness,
attitude, participation, tardiness, deportment , etc etc.

g.) Recitation will cover specific page references in the

assigned book and assigned cases . However,the student will
have the responsibility to check the assigned cases in this
syllabus with the codal assignments.

h.) Digest of cases must be in own words. The case must be

read and summarized by students. "Cut-and-paste" of portions
of the case is discouraged except to quote the core rulings.

i.) In case professor is absent or late, he will contact the

assigned student(s) or post in the class messenger/Viber
Groupchat .

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