Republic of the Philippines

Congress of the Philippines
Metro Manila
Sixteenth Congress
Third Regular Session
[REPUBLIC ACT NO. 10913]
AN ACT DEFINING AND PENALIZING
DISTRACTED DRIVING

Re-implemented first week of July 2017

The story of Dan
What are the
elements
Of LAW?
Norm of conduct
Just & Obligatory – penal provision

Enacted and enforced by legitimate authority

Common observance and benefit

Law- a rule of conduct, just and

obligatory laid down by legitimate
authority for common observance and
benefit.
CLASSIFICATION OF LAW:

 NATURAL LAW

 POSITIVE LAW
Sources of law:

 Legislation

 Precedent

 Custom

 Court Decision
Legal maxims that guides the interpretation of
laws:
 Ignorantia legis non excusat

 Dura Lex Sed lex

 Nulla poena sine lege

 Salus populi est suprema

lex
 Solutio indebiti
 Negotiorum gestio
 Ubi lex non distinguit, nec nos distinguere
debemus. 

 Pacta sunt servanda/ rebus sic stantibus

 Ipso facto

 Ipso jure

 Motu proprio
Judith Yu

computation of time in filing pleadings…

RULE 22
Computation of Time
Section 1. How to compute time. — In computing any period of time
prescribed or allowed by these Rules, or by order of the court, or by any
applicable statute, the day of the act or event from which the designated
period of time begins to run is to be excluded and the date of performance
included. If the last day of the period, as thus computed, falls on a
Saturday a Sunday, or a legal holiday in the place where the court sits, the
time shall not run until the next working day. (a)
Introduction to statutory construction:

Verba Legis

If it admits two
interpretations
Letters of the law vs. the Spirit of the
Law
Interpretation vs. Construction

General Rule
Intrinsic aids- Title/Preamble/ Words,
Phrases and sentences context/
punctuations – conjunctions/ headings
and marginal notes/ legislative
interpretations.

Extrinsic aids – Contemporaneous

circumstances/ policy/ legislative
history/ practical constructions/
executive constructions/ legislative
intent/ judicial construction.
Who may interpret the law?
Section 18. Art. VII The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary, he may
call out such armed forces to prevent or suppress lawless violence, invasion
or rebellion. In case of invasion or rebellion, when the public safety requires it,
he may, for a period not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus, the President
shall submit a report in person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such proclamation
or suspension for a period to be determined by the Congress, if the invasion
or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law or the suspension
of the privilege of the writ of habeas corpus or the extension
thereof, and must promulgate its decision thereon within
thirty days from its filing
ART.  134. Rebellion or insurrection. - How committed. -  The  crime  of 
rebellion  or  insurrection  is  committed  by  rising  publicly  and  taking  arms 
against the government for the purpose of removing from the allegiance 
to  said  Government  or  its  laws,  the  territory  of  the  Republic  of  the 
Philippines or any part thereof, of any body of land, naval or other armed 
forces,  or  depriving  the  Chief  Executive  or  the  Legislature,  wholly  or 
partially, of any of their powers or prerogatives.

Invasion - an instance of invading a country or region 
with an armed force.
REPUBLIC ACT NO. 8042
Migrant Workers and Overseas Filipinos Act of
1995

Sec 10

In case of termination of overseas employment without just,

valid or authorized cause as defined by law or contract, the
workers shall be entitled to the full reimbursement of his
placement fee with interest of twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his
employment contract or for three (3) months for every year
of the unexpired term, whichever is less.
 ARTICLE XIII
LABOR
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.
Serrano vs. Galant maritime GR 167614

WHEREFORE, the Court GRANTS the Petition. The subject clause or for three
months for every year of the unexpired term, whichever is less in the 5th paragraph
of Section 10 of Republic Act No. 8042
is DECLARED UNCONSTITUTIONAL; and the December 8, 2004 Decision
and April 1, 2005 Resolution of the Court of Appeals are MODIFIED to the effect
that petitioner is AWARDED his salaries for the entire unexpired portion of his
employment contract consisting of nine months and 23 days computed at the rate of
US$1,400.00 per month.
Section 7. Section 10 of Republic Act No. 8042, as amended, 
is hereby amended to read as follows: (RA 10022)

"In case of termination of overseas employment without just, valid or 
authorized cause as defined by law or contract, or any unauthorized 
deductions  from  the  migrant  worker's  salary,  the  worker  shall  be 
entitled  to  the  full  reimbursement  if  his  placement  fee  and  the 
deductions  made  with  interest  at  twelve  percent  (12%)  per  annum, 
plus his salaries for the unexpired portion of his employment contract 
or  for  three  (3)  months  for  every  year  of  the  unexpired  term, 
whichever is less.
Only Judicial decision and interpretation
with finality is controlling and
conclusive.
When the Law was stricken down as
unconstitutional or there was error–
curative legislation. (resins v CB GR
17888 / 1968)

What is in effect? SC decision or the

amended law RA 10022
Intro to Criminal Law:
Criminal Law

Distinguish:

Felony / Offense / Crime

Where lies the power to define and
punish an act as a crime? (nulum
crimen nula poena sine lega)
Limitations on the power of congress to
enact penal laws.
Ex post facto law

Bill of
Attainder
Unusual and cruel punishment
How penal laws are construed?

Equipoise Doctrine

Void - for - vagueness

Dubio Pro - reo

Heinous crime
Theories in Criminal Law?

Classical
Theory
Positivist
Theory
Eclectic Theory

Utilitarian
Theory
Characteristics of Criminal Law

Generality

Territorialit
y
Prospectively
Generality of criminal law:
NCC Art. 14.  Penal laws and those of public security and
safety shall be obligatory upon all who live or sojourn in
the Philippine territory, subject to the principles of public
international law and to treaty stipulations. 
RA 75 immunity to diplomatic agents…

RP-US Visiting Forces Accord

Acts violative to US property and security/
Offenses arising out of any act or mission done in
Performance of official duty.
Immunity attached to:

1. Chief of states
2. Ambassadors
3. Ministers plenipotentiary
4. Ministers resident
5. Charges d’affaires
6. Domestic servants of duly accredited
ambassadors IF registered in the Minsitry of
Foreign Affairs.
7. Reciprocity
Note: Consuls / vice-consuls and other
commercial representatives –NOT
COVERED

Unless stipulated in the treaty.

Territoriality Art. 2 RPC RA9372
RPC Art. 2. Application of its provisions. — Except as provided in the treaties
and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its atmosphere,
its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:
1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine

Islands or obligations and securities issued by the Government of the Philippine
Islands;

3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the

exercise of their functions; or

5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.
Irretrospectivity of criminal law.

Nulum crimen nula poena sine lege

exceptions:

1. Makes certain crimes lighter

2. It repeals a law making an make no longer
criminal.
3. If favorable to the accused- who is not a
habitual delinguent.
Gemma and June Filipino citizens both legally
married to different partners and known to
both of them such status. They are passenger
of a cruise liners registered in the Philippines,
while the ship was in the territorial waters of
Sabah they had sexual congress. Danny the
husband of Gemma filed a criminal complaint
of adultery both against Gemma and June in
the office of the city prosecutor of San
Fernando City LU where the ship docked and
the said respondents alighted.

Will the criminal complaint prosper? Why?

Jojo was counterfeiting Philippine Sweepstake
Tickets in his garage in Texas USA. One day
his garage was raided by US authorities. Jojo
was arrested.

Who has jurisdiction to try Jojo for

counterfeiting such Sweepstake tickets?
Why?
Cardo took the S8 Samsung Note of Jun
In his bag during their sea travel on USS
Ronald Reagan, the taking was done
when the ship has just docked at
Olongapo port, Zambales.

Who has jurisdiction to try Cardo for

theft? Why?
Foreign Merchant Vessel:

French rule:

Flag country of the vessel has jurisdiction over crimes

That affects only internal management of the ship.
except: the criminal act affects the peace and order of the
host state and or its safety is endangered.

English rules: (we adopt the English rule)

All crimes committed on board the ship is tried in the country

Where the vessel is located.
Except: when crimes affects only internal management of the
ship.
Peter and Mary are husband and wife,
Peter worked as an OFW in Singapore.
While there, he cohabited with Inday, a
Filipina who knows him to be married.
Peter and Inday have committed
concubinage.

Can they be charged and prosecuted for

such crime in the PH.?
Merchant vessel under the US flag docked at
Manila bay, sells inside its ship marijuana
which is legal under Vietnamese laws and
there was a pot session and the smoke and
smell reaches near by food stales at bay walk,
Manila bay.

Can Philippine courts acquire jurisdiction if a

complaint is filed? Why?
Art. 3. Definitions. — Acts and omissions
punishable by law are felonies (delitos).

Felonies are committed not only be means of

deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with

deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
Act – overt / external – any body
movement tending to produce an effect.

Mens Rea

Actus rea

Actus Reus Non Facit Reum Nisi Mens Sit Rea 

Omission – failure to perform a positive

duty.
General classes of crimes:

Intentional felonies

Culpable felonies (both a felony and modality

in the commission of a felony)

Crimes defined and penalized under special

laws

And also by municipal ordinances.

Crimes MALA IN SE AND MALA PROHIBITA
1. MALA IN SE – WRONG BY ITS NATURE, MP-
Wrong because they are prohibited by a
special law.
2. MI –intent govern/ MP –intent is immaterial (good faith
is not a defense)

3. MI – penalized under the RPC / MP-under special

law.
4. MI-stages of penalty/ admits aggravating
circumstances
And mitigating circumstances MP not considered.
Art. 4. Criminal liability. — Criminal liability shall
be incurred:

1. By any person committing a felony (delito)

although the wrongful act done be different
from that which he intended.

2. By any person performing an act which would

be an offense against persons or property, were
it not for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual means.
Intentional felonies
1. Freedom – voluntariness – free agent – no outside
Force or compulsion that one will be reduce to a tool.
“Actus me Invito factus non est meus”
2. Intelligence –discerns the consequences and the
morality of the effects of the act or omission.
3. Intent – the purpose to use a particular means
to achieve an objective.
X cleaned his gun with the intent to kill Y,
after cleaning the gun, he left it on the
table. His son of 6 years old bump the
table while running around the living
room, and the gun fell and went off hitting
W a mailman who is knocking on their
window, and died as a result.

Is X liable for an intentional felony? Why?

What crime did X commit?
Honest mistake of fact: (Absolutory fact)

The absence of criminal intent /Misapprehension

of facts/ the act was lawful as he believed them
to be/ no fault nor negligence. US v. Ah Chong,
15 Phil. 488

Not applicable:

Error in personae
Presence of negligence
Lito went to a bar and met Lita they had
several drinks and a lengthy talk.
Afterwards they went to Hollywood and had
carnal knowledge. Then after several days,
Lito was arrested under an arrest warrant for
qualified rape, because the information
states that Lita is of unsound mind.

If you were the counsel for Lito what is your

defense?
Art 4. …although the wrongful act done be
different from that which he intended.

1) Error in Personae : Transfer intent rule

 offense with lesser penalty – maximum

2. Aberratio ictus:
 3 persons are involved – complex crime/ graver offense

3. Praeter intentionem :
 Mitigating circumstance – minimum
period
2. By any person performing an act which would
be an offense against persons or property, were it
not for the inherent impossibility of its
accomplishment or an account of the employment
of inadequate or ineffectual means.

Impossible crime –

Factual or physical Impossibility

Legal impossibility
Example of IC

Murder

Homicide

Rape

Theft
Intod vs. CA , 215 SCRA 52

Impossible crime – always consummated

Arresto mayor or a fine from 200-500pesos

Art. 6. Consummated, frustrated, and
attempted felonies. — Consummated
felonies as well as those which are
frustrated and attempted, are
punishable.
virtual

A felony is consummated when all the

elements necessary for its execution
and accomplishment are present;
and it is frustrated when the offender
performs all the acts of execution which
would produce the felony as a consequence
but which, nevertheless, do not produce it
by reason of causes independent of the will
of the perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly by overt acts, and does not
perform all the acts of execution which
should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance.
X with intent to kill fired his gun at Y. The gun
jammed, it did not fire. Is X liable for what
crime?
X with intent to kill fired his gun at Y. Hitting
Y in the head, but because of medical
intervention he did not die. Is X liable for
what crime?

X with intent to kill fired his gun hitting Y

in the head and died at once. Is W liable
for what crime?
X with a revolver tuck in his side, he is
approaching Y to establish a clear definitive
distance and will draw his gun and will shoot
him. But before said desired distance, his gun
fell from his side and fired, hitting Y that causes
his death. Is X liable of what crime?

X hacked Y at his back with a bolo, Y pleaded for

his life and asked X to bring him to the hospital,
X took compassion and brought him to the
hospital and Y lived. What crime is X liable?
X and Y both drunk, Y want to get even with X,
because he thought he was cheated in their
card game, Y punch X but X shielded himself
from the punch with his arms forming and X
figure, Y slipped because of the force he
exerted bounces back to him, he feel on the
pavement and sustained an acute subdural
hematoma, X brought him at once to the
hospital and he survive the operation. What
crimes or crimes did X commit if any?
X with intent to kill, swing his iron pipe to
hit the head of Y, but Y deflected and was
hit in the shoulder causing abrasion. What
crime did X commit?

X sets a wager with Y in a basketball game, Y is

losing the game and X was ridiculing Y, Y got
the icepick on the table with intent to kill,
stabbed X hitting his leg, X recovered after 9
days of medical attention? What crime did X
commit?
What if Y died due to lost of blood?
X boxed Y, no intention to kill, medical
attention 9 days? What crime committed?
X boxed Y, no intention to kill, because Y had
epilepsy died due to the fist blow, what crime did X
commit?
X boxed Y, no intention to kill, hit Y and Y fell hitting
the pavement and died as a consequence? X is
guilty of what crime?

Y no criminal intent, wore a clown mask and

scared X, and died of an heart attack, is Y
criminally liable?
other than this own spontaneous
desistance.

Absolutory causes: exculpatory

– negates criminal liability
Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with
Art. 25 of this Code.

Less grave felonies are those which the law punishes

with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
Art..

Light felonies are those infractions of law for the

commission of which a penalty of arresto menor or a
fine not exceeding 200 pesos or both; is provided.
Art. 10. Offenses not subject to the
provisions of this Code. — Offenses
which are or in the future may be
punishable under special laws are
not subject to the provisions of this
Code. This Code shall be
supplementary to such laws, unless
the latter should specially provide
the contrary.

RA 8294 illegal possession of firearms

 Circumstances that modifies criminal
liabilitycircumstances Art 11 (par. 4)
Justifying

Exempting circumstances Art 12 (par. 4)

Absolutory causes (exempting) Art 20-inrelation to art. 19 / Art.

332
(instigation/spontaneous desistance in attempted/ accessories in
light felonies Art. 16 / art. 247 physical injuries under exceptional
circumstances)
Extenuating circumstances – mitigating – Art. 333 Art. 255

Mitigating circumstances Art 13

Aggravating Circumstances Art 14 (qualifying circumstances)
Alternating Circumstances Art 15 (-) (+)
Art. 17. Principals. — The following are
considered principals:

1. Those who take a direct part in the execution

of the act;

2. Those who directly force or induce others to

commit it;

3. Those who cooperate in the commission of the

offense by another act without which it would
not have been accomplished.
Art. 18. Accomplices. — Accomplices are
those persons who, not being included in
Art. 17, cooperate in the execution of the
offense by previous or simultaneous acts.
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by
the effects of the crime.

2. By concealing or destroying the body of the crime, or the

effects or instruments thereof, in order to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the

principals of the crime, provided the accessory acts with abuse of
his public functions or whenever the author of the crime is guilty
of treason, parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty of some other
crime.
Art. 20. Accessories who are exempt from
criminal liability. — The penalties prescribed for
accessories shall not be imposed upon those who
are such with respect to their spouses,
ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the
provisions of paragraph 1 of the next preceding
article.

PD 1928 PENALIZING OBSTRUCTION OF

APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
Intro to Political law:
Political Law—is that branch of public law
which deals with the organization and
operations of the governmental organs of the
State and defines the relations of the State
with the inhabitants of its
territory. (Macariola v. Asuncion, 114 SCRA
Constitutional law – the study of the maintenance
77)
of the proper balance between authority as
represented by the three inherent powers of the
state and liberty as guaranteed by the bill of
Interpretation of the constitution:

1. Verba Legis

2. Ratio legis et anima (use extrinsic aids)

3. Ut magis valeat quam pereat

4. Incase of doubt – provisions: self executing/

mandatory and prospective
(Manila Prince Hotel c GSIS, GR # 122156, 1997)
Essential parts of a good constitution:

1. Constitution of Liberty Art III

2. Constitution of Government
Arts. VI VII IX

3. Constitution of Sovereignty
Art XVII

Doctrine of Self Limitation

1987 Constitution

Proclamation No. 1 February 25, 1986

Executive Order No. 1 – February 29, 1986

Proclamation No. 2 - March 2, 1986

Proclamation No. 3 – March 25, 1986

Interregnum – Feb. 25-March 24, 1986

Proclamation no. 9 con com – 50 members

Approval of draft constitution by con com Oct-15-

1986

Plebiscite – Feb. 2, 1987

Proclamation 58, proclaiming the ratification of the

1987 constitution. – Feb. 2, 1987 – effective-date of
ratification – date of plebiscite
Art. XVII amendments or
revision (constitution of
sovereignty)
Section 1. Any amendment to, or revision of, this
Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths

of all its Members; or

(2) A constitutional convention

Section 2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon a
petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be
represented by at least three per centum of the registered
voters therein. No amendment under this section shall be
authorized within five years following the ratification of this
Constitution nor oftener than once every five years
thereafter.
The Congress shall provide for the implementation of the
exercise of this right.

RA 127325 – Defensor-Santiago v Comelec

Lambino v Comelec – MR - SC
Section 3. The Congress may, by a vote of two-
thirds of all its Members, call a constitutional
convention, or by a majority vote of all its
Members, submit to the electorate the question of
calling such a convention.
Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of
such amendment or revision.

Any amendment under Section 2 hereof shall be valid

when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of
the petition.
 ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine
areas. The waters around, between, and connecting
the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal
waters of the Philippines.
ART. VIII
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice

to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
Government.
Is the propose amendments or revisions
subject to judicial review? Why?

Is the manner how to go about a constitutional

Amendment or Revision subject to judicial review?
Why?
Political question -

1.  A ‘political question’ is one the resolution of which has

been vested by the Constitution exclusively in either the
people, in the exercise of their sovereign capacity, or in which
full discretionary authority has been delegated to a co-equal
branch of the Government.

2.  Thus, while courts can determine questions of legality with

respect to governmental action, they cannot review
government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the
Executive and Legislative Departments.
Constitution of Government –

3 co-equal branches of government:

Art. VI VII VIII IX

Judicial power includes the duty of the courts of justice to

settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Constitution of Liberty:

ART. III bill of rights – due process/ equal protection etc.

Constitution – is actually the

paramount
Law of the land to protect the people
from the abuses of the governmental
powers – especially against the
inherent power of the state.
PFR

PERSONS FAMILY RELATIONS

Define person it its juridical sense?

Being Physical or Legal subject of legal

relations.
Susceptible of rights and
obligations
Distinguish natural from juridical
person?
1. Product of procreation – product of legal fiction

2. Physical – fictional- exists only in

contemplation
of law.
Juridical capacity - is the fitness to be the
subject of legal relations.

Capacity to act – to act with legal effect

When can one say he or she has “full civil

capacity” ?
Define
Status?
When does civil personality begin in juridical
persons?
Partnership upon agreements of the
parties
Corporation – upon issuance of the certificate
of incorporation by the SEC
When does civil personality begin in natural persons?

Article 40. Birth determines personality; but the conceived child shall 
be considered born for all purposes that are favorable to it, provided it 
be born later with the conditions specified in the following article. (29a)

Article 41. For  civil  purposes,  the  foetus  is  considered  born  if  it  is 
alive  at  the  time  it  is  completely  delivered  from  the  mother's  womb. 
However,  if  the  foetus  had  an  intra-uterine  life  of  less  than  seven 
months,  it  is  not  deemed  born  if  it  dies  within  twenty-four  hours  after 
its complete delivery from the maternal womb. (30a)

Article 42. Civil personality is extinguished by death.
Mallen Dy gave birth to a live baby boy by way of
caesarian section, the baby has an exactly 1
hour short of 7 full intra uterine life, when
completely separated from the maternal womb.
Sadly, the baby died after 24 hours and 30
seconds.

Prior to the said delivery Mallen’s sister gave a

donation inter vivos to the said baby still in the
womb of the mother, which is a house and lot
worth 5 Million pesos.

Is the donation valid, unenforceable or void?

Article 43. If there is a doubt, as between two or more persons 
who are called to succeed each other, as to which of them died 
first,  whoever  alleges  the  death  of  one  prior  to  the  other,  shall 
prove  the  same;  in  the  absence  of  proof,  it  is  presumed  that 
they died at the same time and there shall be no transmission 
of rights from one to the other. (33)

Rules of court – rule 132 Sec.

5
Presumption of death:
7 years / 5 years
10 years / 4 years
4 years / 2 years
Dr.  Lopez,  a  70-year  old  widower,  and  his  son  Roberto  both 
died in a fire that gutted their home while they were sleeping in 
their  air-conditioned  rooms.  Roberto’s  wife,  Marilyn,  and  their 
two children were spared because they were in the province at 
the  time.  Dr.  Lopez  left  an  estate  worth  P20M  and  a  life 
insurance  policy  in  the  amount  of  P1M  with  his  three  children 
--- one of whom is Roberto --- as beneficiaries.

Marilyn  is  now  claiming  for  herself  and  her  children  her 
husband’s  share  in  the  estate  left  by  Dr.  Lopez,  and  her 
husband’s  share  in  the  proceeds  of  Dr.  Lopez’s  life  insurance 
policy. Rule on the validity of Marilyn’s claims with reasons. 
Article 1. Marriage is a special contract of
permanent union between a man and a
woman entered into in accordance with law
for the establishment of conjugal and family
life. It is the foundation of the family and an
inviolable social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation, except that
marriage settlements may fix the property
relations during the marriage within the limits
provided by this Code.
Do we have divorce?

Difference between:

Annulment of Marriage

Nullity of Marriage

Petition for annulment of marriage

Petition for absolute declaration of nullity of

marriage
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female;
and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;(2) A valid marriage license except in

the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal declaration
that they take each other as husband and wife in the presence of not less than
two witnesses of legal age. (53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be civilly,
criminally and administratively liable. (n)
What is the primary evidence of marriage?

What is the effect of the absence of a

marriage
License?
What is the presumption when two persons deported
themselves a married?
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4),
(5) and (6), 36 37 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner

is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to
remarry under Philippine law. (As amended by Executive
Order 227)
Art. 35. The following marriages shall be void from the
beginning:

(1) Those contracted by any party below eighteen years

of age even with the consent of parents or guardians;
(4) Those bigamous or polygamous marriages not
failing under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under
Article 53.
Art. 36/ 37/ 38
What is a putative marriage?

Art. 35. The following marriages shall be void from

the beginning:

2) Those solemnized by any person not legally

authorized to perform marriages unless such
marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had
the legal authority to do so;
X 17 ½ fil cit years old went to Texas am cit married Y
17
years old, valid in texas. Is it valid here? Why?
X 18 fil cit married Y am cit 18 proxy by W, valid
under Texas law, is it valid here? Why?

X 18 fil cit legally adopted married Y the legitimate

daughter of his adopters. Valid in Texas, is it valid here
Why?

Tenten an illegitimate son , married Serena legally

adopted daughter of the biological mother of Tenten.
Is the marriage Valid? Why?
Art. 26 Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine
law. (As amended by Executive Order 227)
Inday married Austin, Austin validly obtained a foreign divorce
degree, is Inday has the capacity to remarry?
Inday married Austin, Inday obtained a foreign divorce degree,
Is Inday now has the capacity to remarry?

Austin obtained a foreign divorce degree capacitating him

to remarry, can Inday now has the capacity to remarry
under our laws?
After securing a copy of the divorce degree by the
foreign husband capacitating him to remarry, can
Inday
Now remarry again under our laws in her own
She must first, enforce the said foreign judgment in
instance?
our jurisdiction (in our courts) thereafter apply rule
108 of the ROC correction of entries in the civil
registry – from married to single. – then you can now
remarry.
Now, just apply for correction of entry in the civil
registry under rule 108 ROC and there in the same
proceeding have the foreign judgment be recognized
by our jurisdiction. (Fujiki- Maranay case)
Marriages exempt from License requirement Art 27-34

Marriage in articulo mortis

Isolated place – no means of transportation

Cultural and traditional marriage – ethnic

cultural communities

5 years cohabitation
Who can solemnize marriage?
Any incumbent member of the judiciary

Priest /rabbi/ imam/ minister

Ship captain / military commander

Consul-gen/ consul/ vice-consul

Municipal and City mayors – under the local gov.

code
Art. 14/15/16

When is Parental consent required? When exempted?

What is the effect of non-compliance of the said
requirement?

When is Parental Advice required? What is the effect

of non-compliance?

Marriage counseling when is it required? What is the

effect of non compliance?
Art. 15 in relation to Art 45(1) / 47 (1)

Ana 18 married Jun 20 married without parental consent from

both parents. Hardship and dismay instead of heaven and bliss
were the result of the said marriage. What remedy is there for
them to escape this terrible hell?

Who may file the said action? Within what time

frame?
Art. 40. The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such
previous marriage void. (n)

JR married to Ann, Ann was then 17 years and

11 ½ months old when the got married (with
parental consent). Discovering this, JR said to
himself the marriage is void from the beginning,
Ann has no legal capacity to contract marriage.
Jr. subsequently married Lyn, Ann filed a bigamy
case against Jr, will it prosper? Why or why not?
 Is there in this
jurisdiction a Valid
Bigamous Marriage?
Art. 41. A marriage contracted by any person during
subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage, the
prior spouse had been absent for four consecutive years and
the spouse present has a well-founded belief that the absent
spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in
the provisions of Article 391 of the Civil Code, an absence of
only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under
the preceding paragraph the spouse present must institute a
summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without
prejudice to the effect of reappearance of the absent
spouse. (83a)
 What is the effect of the
non-compliance of the
recording requirements of
Art. 52?
Art. 52. The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of
property; otherwise, the same shall not affect third
persons. (n)

Art. 53. Either of the former spouses may marry again

after compliance with the requirements of the
immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
Doctrine of Triennial cohabitation?

Doctrine of triennial cohabitation" it is a

doctrine of common law, which declares
the presumption that the husband is
impotent should the wife still remain a
virgin after living together with the
husband for three years. This is in
contrast to the general presumption under
our law in favor of potency. (Art. 45 (3)
CHI MING TSOI vs. COURT
OF APPEALS, GINA LAO-
TSOI GR NO. 119190
January 16, 1997
Mario age 38 and Berta age 27 both Filipino citizens got married in Baguio City. After
two years of extensive and intensive sexual activities between the two, but of no
avail, Berta has not yet conceived a baby. One day Berta got sick and needed an
Ultra Sound of her entire abdomen, lo and behold the OB GYN discovered she
doesn’t have any reproductive internal organs. In that instance, the husband
discovered his wife is a transgender. Berta is actually Berto, went to Thailand years
prior to such marriage and had sex reassignment and female enhancement
procedures. Meanwhile, from all of this brouhaha, the mother of Mario who is
conscience stricken, confessed to Berta now who is Berto that Mario is actually
Maria. Who, also prior to their marriage had sex reassignment in the U.S. from
Female to Male via a medical procedure known as metoidioplasty, which essentially
involves transforming the clitoris into a penis, and also undergone mastectomy and
male enhancing hormonal procedures. Unknown to each other, they falsely
represented themselves and with falsified documents illegally acquired a valid
marriage license and a valid marriage certificate was issued and recorded in the Civil
registered accordingly, after the marriage ceremony officiated by the City Mayor of
Baguio City. What is then the status of the marriage? Valid/Void/Voidable? Why?
Labor Laws:
SECTION 3. Art. XIII 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.
Labor relations  -  refers  to  that  part  of labor law  which 
regulates the relations between employers and workers. 

Labor standards -  refers  to  that  part  of labor law  which 

prescribes  the  minimum  terms  and  conditions  of 
employment  which  the  employer  is  required  to  grant  to  its 
employees.

Social legislation – labor statutes that provide protection not 
only  to  the  worker  but  also  to  his  family  brought  about  by 
contingencies.
Social justice – or any justice for that matter – is for
the deserving, whether he be a millionaire in his
mansion or a pauper in his hovel. It is true that, in
case of reasonable doubt, we are called upon to tilt
the balance in favor of the poor, to whom the
Constitution fittingly extends its sympathy and
compassion. But never is it justified to prefer the
poor simply because they are poor, or to reject the
rich simply because they are rich, for justice must
always be served, for poor and rich alike, according to
the mandate of the law. (Justice Isagani Cruz)
Full protection – by means of police
power of the state –translated in the
rule making/ in the enforcement of the
law.

Police power- legislature enacts laws

that interferes with the personal liberty
and property to promote General
welfare.

(Pasai v drilon – 163 scra 386)

Article 6. Applicability. All  rights  and  benefits 
granted  to  workers  under  this  Code  shall, 
except  as  may  otherwise  be  provided  herein, 
apply  alike  to  all  workers,  whether  agricultural 
or non-agricultural. (profit-non profit institution)
Not covered:

Government agencies
GOCC with original charter
Employees of international org.
and specialized agencies.
Labor laws and labor courts shall
have jurisdiction if there is an
employer-employee
relationship.
Test of e-e relationship:

Selection and hiring test

Payment of wages test
Dismissal test
Control test***
 Labor Laws and Labor
Courts has no
jurisdiction, if the issue
is purely ecclesiastical
prerogative
(separation of church and state)
free exercise of religion
Art. 212 (f)"Employee" includes any person in
the employ of an employer.

It shall include any individual whose work has

ceased as a result of or in connection with any
current labor dispute or because of any unfair
labor practice if he has not obtained any other
substantially equivalent and regular
employment.
  Art. 212 (e)"Employer" includes any person acting in
the interest of an employer, directly or indirectly. 
 Management Prerogatives:
bundles of rights –without govt.
intervention in running the
business under the observance of
good faith, equity and fair
play.
1.Power to lay down and execute policies

2. Power to hire(non-discriminatory)
close-shop agreement/yellow-dog contract

3. Transfer – business necessity rule/ non-

diminution/ grave abused of discretion.
(refusal-insubordination –just cause for
termination)
(constructive dismissal)
return to work order - DOLE - strike.
4. Granting benefits- equal work equal pay-
(philex v philex bulawan supervisory union
2005)

5. Promotion – Dosh vs NLRC (union

recommendation)

6. Power to discipline- preventive suspension

(30days)- threat to life /property.

7. Contracting out work- (bus-related/services

performed by union members-interfere with
union formation.)
8.Closure – not for union busting- no
severance benefits due to losses.

9. Power to suspend business

operation-max 6 months.
LABOR STANDARD LAWs on working
conditions and rest periods. (title I)

Coverage – art 82 all employees in the

private establishments whether for
profit or not/ agricultural or non-
agricultural.

Employees not covered: labor laws on

work hours

Government employees/managerial
staff/domestic servants-persons in the
personal service of another/ workers
paid by result/ non-agricultural field
Hours work – all the time required to be on duty or to be in the
prescribed work place even on call (engaged to wait) / all the
time he suffered or permitted to work (engaged to work).

Situation considered as hours worked:

1. Shortened meal period (20 min.) OT/stand-bye
2. On call
3. Engaged to wait
4. Brown-outs

Lunch 1 hr. non-compensable

Can go out – not abandonment of job
Over-time work and over time pay
In excess of 8 hours work – OT work

OT pay is hour rate x 1.25% (based on regular basic rates)

Rest day and holidays – 1.30% of hourly rate (based on holiday

basic rate)

Offsetting OT with UT is not allowed.

Art. 89 – employee may require to render OT

*Health workers – 40 hours a week (5x8hrs) / if worked 6th day

considered OT on a rest day + 30%
*compressed work week in relation to OT 12 hrs/day / 48 hrs.
week
Night shift differential – 10% of regular wage
covering 10pm-6am work

Not applicable retail/ service establishment

employing not more than 5 employees.

RESTDAY: 24 consecutive hours every 6

consecutive workings days. (CANNOT
COMPEL TO WORK ON A REST DAY BUT NOT
IF ART 94 (A) PRESENT)

Work on rest day + 30%

rest day and special-non WD = +50%
Special holiday – no work-no
pay / if work = +30%

Regular Holiday- no work with

pay
• Employing less 10 retail and
service establishment no work
no pay during regular holidays

• If worked 100% only No double

pay—logic.
RULES ON REGULAR HOLIDAYS

Double pay if work +100% DW (basic pay)

With pay if not work but must be on official

leave with pay or had worked on the day
preceding the day of the regular holiday - if not
no holiday pay.

Remedy – work on that regular holiday

Even absent or leave without pay the day
preceding the said regular holiday.
If the day prior to Holiday is the employee’s rest
day/ or a Sunday/ or a non-working holiday - same
rules –must be present the day preceding the rest
day or SNWH or on leave with pay.

WORKING ON A REGULAR HOLIDAY FALLING ON

YOUR RESTDAY OR SNWH
100% +100% x 30% EACH TOTAL OF 200%+30%
******
SUCCESSIVE HOLIDAY MAUNDY THU.
AND GOOD FRIDAY—MUST BE
PRESENT DAY PRECEEDING THE FIRST
HOLIDAY OR OLWP OR WORK ON THE
FIRST HOLIDAY.
WORKED ON ARAW NG KAGITINGAN
FALLING ON A REGULAR HOLIDAY.

100% FOR THE WORK RENDERED+ 100%

ARAW NG KAGITINGAN + 1OO% FOR THE
HOLY THURSDAY = 300%

Service charges: (SC)

85% worker share

15%employer share

If abolished – must be integrated in their

wages, based on monthly ave. for
the past 12 months.
Kinds of Leaves:

SIL - Art. 95. Right to

service incentive leave.

Every employee who has

rendered at least one year
of service shall be entitled
to a yearly service
incentive leave of five days
with pay.
1 yr. serv/ less than 10/ VL>5
Maternity leave SSS – private
sector

Married /Unmarried - 60-78

=delivery/abortion/miscarriage

SSS member
Employed at the time of D-A-M
Notify the SSS
Paid at least 3 months maternity
contributions within the twelve-
month period immediately
before the date of contingency.
Paternity leave – 7 days

Employee at the time of the delivery

Cohabiting with the legal wife
Applied for paternity leave w employer
Wife had D-M-A

*first four deliveries

*availed within 60days from date of
DMA
*not availed not convertible to cash
Solo parent leave (RA 8972)

7 days – per annum

*I yr. of service
*non-accumulative/non convertible/unless
stipulated
*notify employer-reasonable time
*present Solo parent ID
Solo parent:
1. Rape – birth
2. Death
3. Physical-mental incapacity
4. Legal separation / also de facto
5. Nullity or annulment of marriage
6. Abandonment of spouse for at
least 1 year
7. Foster parent DSWD – legal
guardian-court appointed
8. Head of the family-
abandonment-absence-
disappearance n-1
RA 9262-victim leave (private sector)

10 days full pay (basic+allowance)

For medical and legal concerns

*non-convertible to cash / non

accumulative
Wage" paid to any employee shall mean the
remuneration or earnings, however designated, capable
of being expressed in terms of money, whether fixed or
ascertained on a time, task, piece, or commission basis,
or other method of calculating the same, which is
payable by an employer to an employee under a written
or unwritten contract of employment for work done or to
be done, or for services rendered or to be rendered

and includes the fair and reasonable value, as

determined by the Secretary of Labor and Employment,
of board, lodging, or other facilities customarily furnished
by the employer to the employee. "Fair and reasonable
value" shall not include any profit to the employer, or to
any person affiliated with the employer.

ART. 288 OTHER SIMILAR COERCION –ARESTO MAYOR

 Wages – manual labor – skilled or non-
skilled
Salaries – white collar job
Distinction important in relation to attachment or
garnishment.

Wage not subject to garnishment or attachment

Salaries - yes
Wages of a deceased employee – no need for settlement of
estate- employer-pay- execute affidavit of heirs – conflict
claim – commission can decide – based on evidence presented
– employer – if there is conflict claim – remedy (action for
interpleader)
Composition of wages = cash / or
cash + facilities = articles that
benefits the worker, translated in
a fair value and deducted to the
total wage/ with written consent of
the worker.

*Facilities=customarily
given+written consent+fair and
reasonable value

Supplements- extra benefits

above ordinary wages.
Wages- mandatory – despite
employer’s incapacity to pay.

Exception to minimum wage – RA

9178 BMBE – exempt from minimum
but not from SSS etc.

Learners/ apprentices and

handicapped – 75%

RA 7277 – MCDP 100%

Magna Carta on disabled Persons

Forms of payment – legal tender

Time – twice a month interval of

not exceeding 16 days

Place – near the place of work

Direct payment – to the worker

only – other persons with letter
of authorization
Prohibition on wages

*interferences in disposal
*withholding and kickbacks
*deductions

Deduction except- Govt.

deduction/ Authorized by law

–insurance premium/union check

offs/ union dues/facilities/ court
judgements for support/

No- set offs on wages

Art. 110. Worker preference in case of
bankruptcy. In the event of bankruptcy or
liquidation of an employer’s business, his
workers shall enjoy first preference as regards
their wages and other monetary claims, any
provisions of law to the contrary
notwithstanding. Such unpaid wages and
monetary claims shall be paid in full before
claims of the government and other creditors
may be paid. (As amended by Section 1,
Republic Act No. 6715, March 21, 1989)
Wage distortion As used herein, a wage
distortion shall mean a situation where an
increase in prescribed wage rates results in
the elimination or severe contraction of
intentional quantitative differences in wage
or salary rates between and among
employee groups in an establishment as to
effectively obliterate the distinctions
embodied in such wage structure based on
skills, length of service, or other logical
bases of differentiation.
Elements:

1. Hierarchy of position with

corresponding wage rate.
2. Mandatory change in the lowest
class
3. Elimination of distinctions
4. Same region

Remedy:

Organized Grievance procedure- VA

Unorganized – talk- NCMB-NLRC
Contracting – arrangement whereby a
principal agrees to farm out with a
contractor or subcontractor the
performance of a specific job, work
service within a definite period
regardless of whether such job, work or
service is to be performed or completed
within or outside the premises of the
principle.
Job Contracting – allowed by law =

*independent business
*contracts work – own means and method.
*free from control and direction of the
principal.(except –output)
*substantial capital and tools

Labor only contracting – unlawful

Person supply workers / no substantial capital-

tools-premises/ work-mainline
Rights of contractual workers

*same as regular workers under the LC

except:-tenure is limited – no
separation pay-

Job contracting - salary solidary P/JC

Labor only – the principal is actually

the direct employer
13th month pay and bonus

All rank and file employees entitled to 13th month

(provided work at least 1 month during the calendar
yr. (pro-rata) basic salary only

Employees not covered – house helper/ person in the

personal service of another/ purely commission/
boundary/ task base/ specific work/

(piece work with 13th month pay but not entitled to OT/
Holiday pay/premium pay/ SIL) paid not based on time
but on result.
Bonus- gratuitous – dependent on the
employer’s capacity to give – performance
based.

Becomes a demandable right if legal obligation

under CBA / under contract of employment / or
becomes a tradition for a long time and has
ripen into a demandable right.
Sexual harassment Under RA 7877

It is a form of misconduct involving an act or

a series of unwanted, unsolicited or uninvited
acts of demanding, requesting or requiring
any SEXUAL FAVOR from another person or
any other individual who exercise AUTHORITY,
influence or moral ascendancy OVER
ANOTHER PERSON OR INDIVIDUAL.
Sexual harassment in the workplace.
(specific acts constituting)

1. As a condition for hiring-reemployment or

continued employment.
2. Granting – favorable conditions of
employment.
3. Refusal- (sexual favor) resulting to
unfavorable work condition. (impair
employee’s rights privileges under existing
labor laws.)
4. Act will result to intimidating, hostile or
offensive work environment.
Employable age

Age of majority

Below 18 but not below 15 = non-hazardous

undertakings

Below 15
Family business – as long as will not affect his
health, development and morals/ guaranteed
provision for primary and secondary education.
Child connected with public entertainment:

Contract entered by the employer-

parents/guardian/expressed agreement of
the child concerned and approval of the
DOLE

RA 7610 LC 139
Employment of alien – needs employment permit
with the DOLE

Alien is a non-resident alien

Can work here provided:

1. DOLE permit
2. No person in the ph. Competent and willing to
do the job
3. Publication
4. Preferred area of invested – govt.
recommendation
Exemptions:

1. Diplomats
2. National representatives
3. Missionaries doing missionary works
4. Aliens exempt by special laws
"Recruitment and placement" refers to any
act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring
workers, and includes referrals, contract
services, promising or advertising for
employment, locally or abroad, whether for
profit or not: Provided, That any person or
entity which, in any manner, offers or
promises for a fee, employment to two or
more persons shall be deemed engaged in
recruitment and placement.
Republic Act No. 10022, otherwise known as the
Migrant Workers Act” 

defines illegal recruitment as any act of

canvassing, enlisting, contracting, transporting,
utilizing, hiring, or procuring workers and
includes referring, contract services, promising
or advertising for employment abroad, whether
for profit or not, when undertaken by non-
licensee or non-holder of authority. It shall
likewise include the following acts, whether
committed by any person, whether a non-
licensee, non-holder, licensee or holder of
Illegal recruitment:

Liability – illegal recruitment (RA10022- migrant worker’s

act)& Estafa (RPC)

Elements:

1. The offender is a NON-LICENSE OR NON HOLDER OF

AUTHORITY to lawfully engage in the recruitment and
placement of workers.
2. That the offender undertakes any of the recruitment
activities defined in Art. 13B LC and any prohibited
practice enumerated in ART 34 of the LC
3. RA 10022 acts constituting illegal recruiting
Simple illegal recruitment – 1 person
Element of the crime present 1 and 2

QUALIFIED ILLEGAL RECRUITMENT –

ELEMENTS 1 AND 2 + HE COMITTED THE

SAME AGAINST 3 OR MORE PERSONS,
INDIVIDUALLY OR AS A GROUP = LARGE
SCALE ILLEGAL RECRUITMENT

ELEMENTS 1+2 + CARRIED OUT BY 3 OR

MORE PERSONS = SYNDICATED ILLEGAL
RECRUITMENT
• Local and foreign principals are liable solidarily
(jointly and severally) - violation of OFW
contract – full protection of labor / assurance of
payment or refund and protection due to him.
• (omar sevillana v. IT corp. GR 9907/ 2001)

• Severance of relationship between the local

agent and the foreign principal does not affect
the liability of the local recruiter.
Jurisdiction:

Pre-employment of recruitment violation –

POEA – and appealable to SOL

Money claims or post employment violations

– LA appealable to NLRC (RA 8042)
LABOR RELATIONS
RIGHT TO SELF ORGANIZATION:
Upon issuance of the CERTIFICATE OF
REGISTRATION= LLO

Acquires legal personality and all its rights

and privileges granted by law.

Date of issuance of CR = LLO

Date of issuance of Certificate of

Chartered LOCAL = acquires legality only
for the conduct of certification election.
(doctrine of presumptive legitimacy)
How to attack the legal personality of the union – by way of
an independent petition for cancellation of union
registration and not collateral attack for certification
election.

Chartered local shall attain LLO status only upon – the

submission of the ff. to the DOLE or BLR

1. Charter certificate from the federation or national union

(within 30days from issuance)
2. Constitution and by-laws
3. List of officers (2/3 must be certified under oath by the
secretary/or treasurer and attested by the president of
the local union)
4. Note: submission of books of accounts not anymore
required.
Rights of a LLO Art, 242

1. Act as representative of its members

2. CEBA
3. To be furnished with annual audited financial
report of the company.
4. Own property/ sue can be sued / undertake all
activities designed to benefit its members
and not contrary to law.
5. Special tax exemption
Union Membership:

Art. 243. Coverage and employees’ right to self-

organization. All persons employed in commercial,
industrial and agricultural enterprises and in religious,
charitable, medical, or educational institutions, whether
operating for profit or not, shall have the right to self-
organization and to form, join, or assist labor organizations of
their own choosing for purposes of collective bargaining.

Ambulant, intermittent and itinerant workers, self-employed

people, rural workers and those without any definite
employers may form labor organizations for their mutual aid
and protection. (As amended by Batas Pambansa Bilang 70,
May 1, 1980)
Art. 244. Right of employees in the public
service. 

Employees of government corporations

established under the Corporation Code shall
have the right to organize and to bargain
collectively with their respective employers.

All other employees in the civil service shall

have the right to form associations for purposes
not contrary to law. (As amended by Executive
Order No. 111, December 24, 1986)
Art. 245. Ineligibility of managerial
employees to join any labor
organization; right of supervisory
employees. Managerial employees are not
eligible to join, assist or form any labor
organization. Supervisory employees shall not
be eligible for membership in a labor organization of
the rank-and-file employees but may join, assist or
form separate labor organizations of their own. (As
amended by Section 18, Republic Act No. 6715,
March 21, 1989)
Art. 243
Any employee, whether employed for a
definite period or not, shall, beginning
on his first day of service, be
considered as an employee for
purposes of membership in any labor
union. 
(As amended by Section 33,
Republic ActNo.6715)
 
Managerial employees – vested with powers to
formulate and effectuate management policies
and enforce management prerogatives.

Supervisory employees- the function is not

clerical or routine but has the nature of
independent judgment.

Confidential employees- act in confidential

capacity, formulate, determine and effectuate
management policies in the field of labor
relations.
The righty to collective bargaining
is not available to employees of a
cooperative who are also
members thereat.

Sn Jose City Electric Service Coop

inc. vs. ministry of labor and
employment 1991
Election of union officers:

>election by secret ballots pursuant to the provision of

their constitution and by-laws.
>term 5 yrs
>no qualification to any union elective

position, as long as not convicted of a crime involving

MORAL TURPITUDE

>only union members can vote-and union members be

candidates to be elected.

>UST Faculty Union vs. Bitonio 1999 election by

acclamation and clapping of hands –invalid manner of
Union Election vs. Certification election

UE-only union members shall vote to

elect union officer based on their
constitution and by-laws

CE- all member of the bargaining unit-

shall cast their votes in a secret ballot
to determine the SEBA for the purpose
of entering into a CBA – majority vote
will accredit the SEBA.
Check off and special assessment:

GR: NO assessment, attorney’s fees, registration fees or any

other extraordinary fees may be check off from an employee
Without an individual written authorization duly signed by the
employee.

Exception: recognized union dues/agency fees/ fees for

mandatory activities

Requisites for SA- 1. written resolution by the majority of all

the members of the union/secretary’s minutes of the
meeting/individual authorization for check-off signed by each
employees concerned.

majority of all members not majority vote of the board of the

union.
Compromise agreement entered into by the
union for its members:

GR: absent and special authority from the

member, the union can’t compromise any
individual claim of a member. (money or
reinstatement etc.)

Exception: compromise entered by the

majority of the members of the union binds
the all members, especially it is so beneficial
to the members the outcome of the
compromise agreement.
Cornista-Domingo v NLRC 2006
Affiliation and disaffiliation:

Local union with a mother union – purpose=

increase bargaining power or leverage.

majority vote of the members of the local union

they can disaffiliate, if there is no contract between
the Local and mother Union anent to the period of
affiliation, and provisions in the local unions
constitution and by laws.

Disaffiliation is not an act of disloyalty.

It is a constitutional right!
MotherUnion=SU/LU OK
Effect of petition for the cancellation of union registration:

The filing of a petition for cancelation of Union Registration will

not in any manner-suspend the conduct of a certification
election nor hinder the filing of a petition for certification
election.

Grounds for cancellation of union reg.

Art. 238 Misrepresentation, false statement, fraud of adoption

and ratification of the constitution and by-laws/ election of
officers…conduct of the election.

And – voluntary dissolution by the members 2/3 votes= gen.

membership meeting/ application for dissolution by the board
Effect of inclusion as members of
employees outside the bargaining unit.

Affecting union registration

Affecting certification election

Unless there is fraud, misrepresentation,

Tagaytay highlands international gold club

inc. vs. theu/ptgwo 2003
Who can file a petition for CE

1. LLO
2. National union who issued a certification of chartered local
3. Local chapter who has been issued a charter certificate by
a national union.

What is the BY STANDER RULE

That the employer has nothing to do with the CE

proceedings. (not a privy)

Employer will be informed only and submit the lsit of

employees during the pre election conference to the med-
arbiter
CERTIFICATION ELECTION

CE - Bargaining Unit

Diff. modes of determining the SEBA

Voluntary recognition
certification election
consent election
run-off election
Voluntary recognition – a single LLO in a
bargaining unit which not yet organized will
ask mgt. To voluntarily recognize the said
LLO as the SEBA and report it to the DOLE.

CE- with order of the DOLE

Consent election –all the workers will vote

to determine the SEBA without filing a
petition for CE, no intervention of the MED-
AR or order to conduct CE (without order of
the DOLE)
Run-off election :

An election between two labor union receiving the

two highest number of votes in a CE or Consent E,
with three or more choices, wherein none of the 3
choices receives a majority votes of the votes cast,
as long as the total votes cast consist of majority
votes of total numbers of voters.

? To be answered
1. Is there a valid election?
2. Is there a valid choice?
Double majority rule doctrine!
Participants in a certification election – all members of the
appropriate bargaining unit + employees who has been
dismissed from work but contested the legality of the
dismissal waiting final judgment.

Declaration of winner in a CE
DD majority rule + no pending protest in the conduct of the
CE

Grounds for denial of Petition for CE

1. Union-not listed/registered/revoked
2. Lack of 25% consent requirement
3. Deadlock bar rule
4. Contract bar rule
5. One year bar rule
CBA and negotiation:

Jurisdictional requirement before

mgt. will bargain and deal with the
Union.

1. The Union is LLO

2. The Union is the SEBA
3. There is demand to bargain from
the said union.
* Upon receipt of proposal mgt. did
not give counter proposal and evade
to negotiate is liable of ULP.
CBA – 5 yrs. Term (3yrs eco. Life 5 years
political life)

Retroactivity of the CBA provisions

End 3rd yr.______within six months automatic

retroact

End of 3 yr.---after six months—by

agreement of the parties to the date of
retroactivity.

Deadlock in CBA nego--- agreement to

retroactivity date
The concluded CBA must be RATIFIED by
the majority of all the members of the
bargaining unit. (mandatory)

The Ratified CBA must then be

registered within 30 days from execution
of the agreement with the DOLE or BLR

None- registered- 1 year bar rule doesn’t

apply.

(substitutionary doctrine) SEBA= none

registration PCE.
Union security clauses:

1. Close shop
2. Union shop
3. Maintenance shop
4. Agency shop

*CBA benefits extendible to all employees of BU

*Expired CBA- 60 days status quo

• Substitutionary doctrine
• Sweetheart contract
• Surface bargaining
• Blue sky bargaining
Union security clauses:

1. Close shop
2. Union shop
3. Maintenance shop
4. Agency shop

*CBA benefits extendible to all employees of

BU

*Expired CBA- 60 days status quo

• Substitutionary doctrine
• Sweetheart contract
• Surface bargaining
• Blue sky bargaining
STRIKE – temporary stoppage of work
by the concerted action of employees
as a result of an industrial or labor
dispute.

Lockout- temporary refusal to furnish

work by the employer as a result of an
industrial or labor dispute.
Requisites for a valid strike:
1. Bargaining dead lock
2. ULP
3. Union busting

Procedural requirements:
4. Notice of strike filed to NCMB (non
submission – strike deemed illegal)
5. Observance of the cooling off period 30-
15-0 days
6. Strike votes- submitted to NLRC
(majority vote of all union members.
(after submission to NLRC- observe
cooling off period and 7 days strike ban)
7. 7 days strike ban
Lawful means and methods
1. Without violence, coercion or intimidation
2. w/o Obstruction of ingress and egress
3. w/o Obstruction of public thoroughfares
*the opposite = illegal strike= prohibited acts

Proper Party

4. By the SEBA – Bargaining deadlock -ULP

5. LLO not the SEBA within the BU – ULP

All 4 requisite must be present for the strike

to be considered legal strike under the law!
Effect of a lawful strike:

1. Readmission or reinstatement
2. Back wages – economic strike= none / ULP strike-
discretionary

*legal strike- strikers must be readmitted even though the

mgt. hired workers to replace them during the lawful
strike.

*if during the strike a worker filed a protest resignation,

then reapplied will lose his old status or even seniority.
Enriquez v Zamora 146 SCRA 393
Effects of illegal strike

Dismissal – officer who knowingly participated in an

illegal strike (deemed dismissed-discretion of the
employer) Gold city port services vs. NLRC 245
SCRA 627

Dismissal –officer/ member – based on illegal acts

committed during the illegal strike.

Mere participation- member- in an illegal strike– no

dismissal- but reinstatement without back wages
during the illegal strike.
NO STRIKE

1. INTRA-INTER UNION DISPUTES

2. AFTER ASSUMPTION of jurisdiction by the president
or his alter ego.
3. After certification or submission of the labor dispute
to compulsory or voluntary arbitration.
4. Where the cba has a no strike / no lockout clause

Assumption of jurisdiction/certification for

arbitration = not subject to review or MR if ordered
strikers to return to work. – defiance- termination/
refused to readmit by employer – pay back wages.
Power of the President or SOLE

1. Assumption of jurisdiction over a labor

dispute- when in his opinion –
a. there is a labor dispute
b. causing for likely to cause
a strike or lockout
c. in an industry Indispensable to the
national interest.

Opinion – is a political question –not reviewable

by the courts or SC
• By stander rule CE

• Innocent by stander rule - strike

• 3rd party affected by the strike/

lockout

can go to court and file an

injunctive writ
There is ULP if the ff. concurs

1. Present of EE relationship
2. ACT done in relation to the right to self
organization.
3. ACTS falls under either ART. 248/249 LC
248 ULP by the employer

1. interfering/coercing or restraining – exercise to self

organization
2. Yellow dog contract
3. Contracting out work – work of union members
4. Forming company union
5. Discriminating - union members in their work/
witness-worker=giving testimony –under LC
6. Refused to bargain collectively
7. Gross violation of the CBA
8. Paying – representatives in the CBA for
negotiation. (part of the CBA package)
249 ULP by the Union

1. Coercion restraining –employees –exercise right of

self organization.
2. Causing or attempting to cause an employer to
discriminate against an employee.
3. Violating the duty to bargain collectively
4. Exacting money and other things of value from
employer-for works NOT done.
5. Asking negotiation fees from employer as part of
the CBA. (featherbedding)
6. Gross violation of the CBA
Termination of Employment
Types of employees:

Regular employees:
1. Engaged in activities which are usually
Necessary and desirable to the usual
trade or business of the employer.
2. Has rendered1 yr. continuous or broken
In an activity which is not UN or Desirable
but work exist beyond 1 yr. makes it a
necessity in the business. (casual
employees)
3. Has been allowed to work after 6
months probationary period.
Termination: Just or authorized causes:
Project employees – employed for a specific project /
completion or termination of the project determinative of
the time of engagement of the said employee.

PROJECT EMPLOYEE – NOT A REGULAR EMPLOYEE- CO-

TERMINOUS WITH THE PROJECT

*EVEN IF THEY SERVE MORE THAN 1 YR.

*SECURITY OF TENURE within the project life, if
terminated before the completion – separation pay.
*no separation pay after the completion of the project.
*repeated rehiring in different projects without gaps –
deemed regular employees
• No notice of termination needed after
the completion of the project-
employee deemed separated.

• Before dismissal after the project –

employer must report the
termination of services to the nearest
employment office of the DOLE.

• Cannot be dismissed before the

termination of the project, they can
only under causes provided by law.
Probationary employees

6 months- period of probation – can be shorten or

prolonged.

*has security of tenure within that 6 months –

termination only under cause and authorized causes.

*double or successive probation not allowed.

*If the probi during the probation cannot provide

satisfactory performance- employer cannot dismiss
him.
Seasonal employees – work for a particular season
only – if still engaged after the said singular season
– can be subject to the rules for regular
employment status.

Termination after the season doesn’t constitute

illegal dismissal.

Has security of tenure within the season

Can be terminated during the season on just and
authorized causes only.
Fixed term employment – based on contract

• term contract
• Work usually necessary and desirable
• Not illegal
• Expiration of term/contract= valid cause for
termination of employment.
• Knowingly, voluntarily (no force/duress) in the
part of the employee to enter into a contract –
fixed term employment
• Dealt in equal footing
• Intent is important – employer(evading regularity/
abuse of employee/ violate tenurial status of the
employment.
Part time employees- they are
regular employees because of the
nature and length of employment,
doing NU.

Confidential employees – those who

formulate management policies
connected to labor and employment
.
Valid lawful termination of employment:

1. Valid causes – Just causes and authorized

causes

2. Compliance with due process

Based on 282 + observance of due process –

right to be heard and defend himself.
Totality of infraction doctrine- repeatedly
incurred several suspensions/ warnings/ that
warrants its dismissal akin to habitual
delinquency.

• Past infractions for which an employee had

already been penalized cannot be collectively
taken as a justification for dismissal.

• But if the previous infractions are connected

with the subsequent infraction it can be
considered forming the totality rule.
Due process:

Two written notice rule:

1. Notice given acts or omissions as basis for

dismissal and the charges therein, giving him
reasonable time to be heard.

2. Notice informing him of his dismissal after

exercising his right to be heard.

Non observance fine –P 30K UP

Just causes: No separation pay

Serious misconduct -

Willful disobedience

Fraud/breach of trust

Gross negligence

Analogous causes
(abandonment/grossly immoral
conduct/ sleeping on the job)
Authorized causes: with or without separation pay (1 month
or ½ month of every yr of service
fraction of 6 month considered as 1 yr servce)

1. Retrenchment(*basis-who) due to losses1/2/ retrenchment

to prevent losses 1 month.
2. Redundancy 1
3. Installation of labor saving devices 1 month
4. Closure of business*(no bankrupt/due to govt. order = 1-
1/2)
5. Disease ½-1(6mon No cure-certification public health
officer)

30days notice to DOLE prior to termination and follow due

process
Resignation voluntary in nature

No separation pay

Unless: CBA/ tradition

_______________
Retirement: RA 7641
Compulsory 65 / optional 60
(15 days for every year of service
Not applicable not more than 10 employees

Under ground miners RA 8558

Compulsory 60 / optional 50 at least served min. 5 yrs.

Consequences of illegal dismissal:

• Back wages-no deduction of present earnings

• Reinstatement –if possible (in the payroll /former

position LA decision even pending appeal
(physical re-instatement not possible)

• Nominal damages – non observance of due

process

• 30K for authorized causes

• 50K for just causes
FINAL TERM

LEGAL PROFESSION

PROPERTY

OBLICON

SPECIAL CONTRACTS

REMEDIAL LAW