FINAL EXAMINATION IN LABOR LAWS AND SOCIAL LEGISLATION

1. A poor father dreamt of having his only son to be a future lawyer, but there’s no means to do it. He
advised his son to apply for work with pay at Animo University that offers a law course, Luckily, he was
hired as a driver in exchange for the privilege to study law, free of charge. He was allowed to enroll six (6)
units per semester. Realizing he could not finish his course for a shorter period, he decided to resign. He
filed a claim for unpaid wages, but Animo University refused to pay claiming that there exists no
employer-employee relationship between them.

a. Will the claim of Animo University prosper? (5%)

b. Driving in a reckless manner, the driver-student sideswiped a pedestrian causing serious
physical injuries. A criminal case was filed against the driver and a claim for damages against
Animo University. Will the claim for damages against the latter prosper? Explain. (5%)

2. a. What is a Certification Election? How is it distinguished from a Consent Election? (5%)

b. Explain the concept of Globe Doctrine. (5%)

3. The resident-doctors maintain specific work schedules as determined by the Medical Director. The
hospital supervises and monitors the resident-doctor’s work through nursing supervisors and orderlies.
They were subject to Hospital’s Code of Ethics and Discipline., issued IDs, enrolled in SSS and PhilHealth
Programs. Do the aforementioned circumstances create an employer-employee between a resident
physician and the hospital? Discuss briefly.(10%)

4. a. Majority of the members withdrew from the collective bargaining agency and joined the minority of
the union. In view of the mass, disaffiliation, the latter, (minority union) filed a petition for certification
which was opposed by bargaining agent as violative of the 60-day freedom period rule. Can the bargaining
union still validly bargain despite the the depletion of its membership? (5%)
b. Can the minority union file a petition for certification election outside the 60-day freedom period?
(5%)

5. Having served the PhilMarine Shipping for twenty-five years in different capacities on board its ocean-
going vessels, Lilo argued that non-renewal of his last contract constitutes constructive dismissal therefore
entitling him to benefits due an illegally dismissed employee.
a. Was the argument of Lilo correct? (5%)
b. Assuming that Lilo contracted an ailment while on board a vessel, Is the injury that has
occasioned the disability the one being compensated? (5%)

6. Distinguish Job Contracting from Labor-Only Contracting. (10%)

7. Mr. Pan Adero, having 28 years of service without any infraction committed during his period of
employment, was dismissed allegedly for stealing 20 pieces of Spanish bread and 10 pieces of Pan de
Coco. Was the dismissal proper? (10%)

8. PLC Engineering Company hired Justine as Project Engineer. Out of twenty (20) projects contracted by
PLC with different principals, Justine was assigned four (4) projects with a duration of two (2) years each
project. Upon completion of the last project, her services were terminated. She argued to the management
that she was a regular employee having served 8 years and therefore entitled to be assigned to other
projects. Is she a regular employee Explain. (10%)

9. Khaylie, was left alone with the custody and responsibility of parenthood due to de facto separation
from his spouse whose whereabouts is unknown for the period of six months now.
a. Can she apply and avail of the benefits granted to a solo parent? (5%)
b. Supposed few months after, she met a good looking man whom she cohabited without the benefit of
marriage. Can the DSWD reject her application for solo parent ID? (5%)

10. For purposes of prescription, within what periods from the time the cause of action accrued should the
following cases be filed? (10%)
a. Money claims arising from employer-employee relations
b. Illegal dismissal
c. Unfair Labor Practice
d. Illegal recruitment and
e. Offenses under the Labor Code

GOOD LUCK! 
-KCD