MCQ REVIEWER

Labor standards [BAR 2011] Quiel, a househelper in the Wilson household since 2006, resigned from his job for several reasons. One reason was the daily 12-hour workday without any rest day. When he left his job he had unpaid wages totaling P13,500.00 which his employer refused to pay. He wants to claim this amount though he is not interested in getting back his job. Where should he file his claim? Since he has no interest in reinstatement, he can file his claim with the office of the regional director of the Department of Labor. He should go to the Employee's Compensation Commission. He should file his claim with the DSWD, which will eventually endorse it to the right agency. He should file his claim exceeding P5,000.00 with the office of the labor arbiters, the regional arbitrators representing the NLRC. Article 129, Chapter V, Labor Code Article 129. Recovery of wages, simple money claims and other benefits. Upon complaint of any interested party, the Regional Director of the Department of Labor and Employment or any of the duly authorized hearing officers of the Department is empowered, through summary proceeding and after due notice, to hear and decide any matter involving the recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper under this Code, arising from employer-employee relations: Provided, That such complaint does not include a claim for reinstatement: Provided further, That the aggregate money claims of each employee or househelper does not exceed Five thousand pesos (P5,000.00). The Regional Director or hearing officer shall decide or resolve the complaint within thirty (30) calendar days from the date of the filing of the same. Any sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be held in a special deposit account by, and shall be paid on order of, the Secretary of Labor and Employment or the Regional Director directly to the employee or househelper concerned. Any such sum not paid to the employee or househelper because he cannot be located after diligent and reasonable effort to locate him within a period of three (3) years, shall be held as a special fund of the Department of Labor and Employment to be used exclusively for the amelioration and benefit of workers. Any decision or resolution of the Regional Director or hearing officer pursuant to this provision may be appealed on the same grounds provided in Article 223 of this Code, within five (5) calendar days from receipt of a copy of said decision or resolution, to the National Labor Relations Commission which shall resolve the appeal within ten (10) calendar days from the submission of the last pleading required or allowed under its rules. The Secretary of Labor and Employment or his duly authorized representative may supervise the payment of unpaid wages and other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this Code. Legal Ethics...

[BAR 2011] Which of the following demonstrates the lawyer's duty to give the court the respect it deserves? A)Counsel consistently appearing in court on time. b)Counsel addressing the court as Your Honor at all times. c)Counsel obeying court's orders and processes. (answer) d)Woman counsel appearing in court dressed in business attire. Respondents unjustified disregard of the lawful orders of this Court and the IBP is not only irresponsible, but also constitutes utter disrespect for the judiciary and his fellow lawyers. His conduct is unbecoming of a lawyer, for lawyers are particularly called upon to obey court orders and processes and are expected to stand foremost in complying with court

directives being themselves officers of the court. As an officer of the court, respondent is expected to know that a resolution of this Court is not a mere request but an order which should be complied with promptly and completely. This is also true of the orders of the IBP as the investigating arm of the Court in administrative cases against lawyers. Respondent should strive harder to live up to his duties of observing and maintaining the respect due to the courts, respect for law and for legal processes, and of upholding the integrity and dignity of the legal profession in order to perform his responsibilities as a lawyer effectively. (Sibulo vs Ilagan, Adm. Case No. 4711, November 25, 2004)

*NOTE: However Code of Professional Responsibility CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. Rule 11.01 - A lawyer shall appear in court properly attired. Rule 11.02 - A lawyer shall punctually appear at court hearings. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. Sales...

If at the time of the sale, the object is still in the possession of a third person, there is delivery of the object to the buyer when there is proper notice of the sale given to the third person who holds the goods the third person acknowledges that he holds the object for the buyer(answer) there is an acknowledgment from the third person that he has been notified of the sale any reimbursement or fee due to the third person are settled by the seller Civil Code Article 1521. Whether it is for the buyer to take possession of the goods or of the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the seller's place of business if he has one, and if not his residence; but in case of a contract of sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery. Where by a contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. Where the goods at the time of sale are in the possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on the buyer's behalf. Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. (n)

Local Government...

Can the province of Pampanga disallow the operations of lotto in the province on the basis of a local ordinance prohibiting gambling?

No, the province exercise delegated legislative power which is not superior to that of the national government)answer= No, the province has no regulatory powers over gambling which is within the sphere of the national government No, the province cannot enact ordinances over subject matters which are regulated by the national government No, the province has no power to define an offense which is within the province of the national legislative body Lina vs Dizon Pano, G. R. No. 129093, August 30, 2001 This statute remains valid today. While lotto is clearly a game of chance, the national government deems it wise and proper to permit it. Hence, the Sangguniang Panlalawigan of Laguna, a local government unit, cannot issue a resolution or an ordinance that would seek to prohibit permits. Stated otherwise, what the national legislature expressly allows by law, such as lotto, a provincial board may not disallow by ordinance or resolution. In our system of government, the power of local government units to legislate and enact ordinances and resolutions is merely a delegated power coming from Congress.

Special Criminal Laws... The conspiracy to commit an importation of illegal drugs is punished by the same penalty as the consummated crime (answer) considered a special mitigating circumstance penalized one degree lower than the consummated crime penalized two degrees lower than the consummated crime RA 9165 Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or culture of plants which are sources of dangerous drugs.

Labor Standards...

Lectures for the employees is not considered working time when the attendance is voluntary, the attendance is beyond the regular working hours and

The lecture is not directly related to the duties of the employee The employee is reimbursed for all expenses incurred The employer is also invited to attend the seminar The employee does not perform productive work during the seminar)answer= For lectures and meetings to be compensable all of the following conditions must be present: 1. Attendance is outside of the employers regular working hours 2. Attendance is in fact voluntary and 3. The employee does not perform any productive work during such attendance.

Intellectual Property Code...

Which of the following cannot be copyrighted?

Dramatizations of literary works Adaptations of children stories Official translation of a legislative text)answer+ Charts relative to geography Republic Act No. 8293, Intellectual Property Code Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof (n)

Constitutional Law...

Religion subject is allowed to be taught in public elementary school When required by the Executive Department Upon a law duly passed by Congress Upon the option by the concerned public elementary school officials Upon the option expressed in writing by the parents or guardians (answer)

ARTICLE XIV EDUCATION Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula. (2) They shall inculcate patriotism and nationalism, foster lover of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. (3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Social Legislation Laws... A secondary beneficiary of a GSIS member shall have rights subject to the restriction on legal spouse dependent children (answer) the nature of employment the existence of marriage GSIS Law SECTION 2. Definition of Terms. Unless the context otherwise indicates, the following terms shall mean: x x x (h) Secondary beneficiaries The dependent parents and, subject to the restrictions on dependent children, the legitimate descendants