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1.

Sexual Harassment
How committed?
o Demands, requests, or otherwise requires any sexual favor
from the other regardless of whether the demand or
request or requirement for submission is accepted by the
object of the said act.
o Work related or employment: sexual favor is made as a
condtion for hiring, re employment, continued
employment, granting favorable compensation, terms,
conditions, promotions, privileges.
o Education of training environment: against who is under
the care, custody or supervision, entrusted, condtion to
giving passing grade, granting honors, scholarship,
stipend, allowance or others.
o When results in intimidating, hostile, offensive r trainee or
apprentice
Where?
o In work or taining education environment
Who commits?
o Employer
o Employee
o Manager
o Supervisor
o Agent of employer
o Teacher
o Instructor
o Professor
o Coach
o Trainor
o Anyone with authority, influence or moral
Definition
When committed (WET)
Work related, education related, training related

2. 24 Hour Duty Doctrine


a. The 24 Hour Duty Doctrine applies to both policemen and
firemen. The policemen and firemen are technically on
duty 24 hours a day except when they are on vacation

leave, they may be on-call anytime. However, to be


compensable, the injury should be caused by an activity
which is police or firemen services in character
(reasonable connection between the injury and the work
or service)
Compensability of police officers
o Grounds(a) For the injury and the resulting disability or
death to be compensable, the injury must be the result of
an employment accident satisfying all of the following
conditions:
(1) The employee must have been injured at the place
where his work requires him to be;
(2) The employee must have been performing his official
functions; and
(3) If the injury is sustained elsewhere, the employee must
have been executing an order for the employer.
Reasonable nexus rule
Compensability of military officers on leave
3. GSIS x SSS
Forfeiture of life annuities
Return of contributions
Compulsary vs Voluntary
o GSIS compulsory only
All Ees receiving compensation who have not
reached the compulsory retirement age,
irrespective of employment status.
XPNs: 1. Uniformed members of the: AFP; and PNP.
2. Contractuals who have no Er and Ee relationship
with the agencies they serve.
o SSS has both
Compulsory Coverage
a. All Ees not over 60 years of age and their
Ers;
b. Domestic helpers whose income is not
less than P 1000/month and not over 60
years of age and their Ers;
All selfemployed considered both an Er
and Ee
d. Professionals;

e. Partners and single proprietors of


business;
f. Actors and actresses, directors,
scriptwriters and news
correspondents who do not fall within the
definition of the term Ee;
g. Professional athletes, coaches, trainers
and jockeys; AND
h. Indivi Voluntary
Voluntary
a. Spouses who devote full time to
managing the household and family
affairs, unless they are also engaged
in other vocation or employment
which is subject to mandatory
coverage ; (Sec. 9[b])
b. Filipinos recruited by foreignbased
Ers for employment abroad may be
covered by the SSS on a voluntary
basis; (Sec. 9[c])
c. Ee separated from employment to
maintain his right to full benefits
d. Selfemployed who realizes no
income for a certain monthdual
farmers and fisherman.

4. CARP
Agricultural tenant vs agri worker
o Agricultural tenant the physical possession by a person of
land devoted to agriculture, belonging to another for the
purpose of production through the labor of the former and
of the members of his immediate farm household in
consideration of which the former agrees to share the
harvest with the latter or to pay a price certain or
ascertainable, either in produce or in money, or in both.
Means a person who by himself and with the aid available
from within his immediate farm household, cultivates the
land belonging to, or possessed by, another with the
latters consent.
Test to determine tenancy relationship

Agricultural tenancy relationship The essential elements


of an agricultural tenancy relationship are:
(1) the parties are the landowner and the tenant or
agricultural lessee;
(2) the subject matter of the relationship is agricultural
land;
(3) there is consent between the parties to the
relationship;
(4) the purpose of the relationship is to bring about
agricultural production;
(5) there is personal cultivation on the part of the tenant
or agricultural lessee; and
(6) the harvest is shared between the landowner and the
tenant or agricultural lessee.
Expropriation proceedings
o

Procedure:
1. Identification by the DAR of the land, landowner and
beneficiary;
2. Notice by the DAR to the landowner about the
compulsory acquisition and the price offer by mail and
posting in brgy hall and municipal hall
3. Reply by the landowner about his acceptance or
rejection of the offered price.
-If LO accepts price, LBP will pay LO within 30 days from
execution and delivery of Deed of Transfer
-If LO rejects, DAR will determine just compensation thru
administrative proceedings;
If LO disagrees with the decision of the DAR, he may bring
the matter to the regular courts of justice for final
determination of just compensation.
4. Taking of immediate possession of the land by the DAR.
- If LO receives the corresponding payment; or
-If LO does not respond to the Notice of Acquisition.

5. Request by the DAR to the Registry of Deeds to issue a


TCT to the Republic of the Phil.
6. Distribution of the land to the qualified beneficiaries.
NOTICES required for the validity of implementation:
Notice of Coverage pursuant to DAR AO No. 12, s. 1989
Notice of Acquisition pursuant to Sec 16 of CARL

Failure to comply with the proper procedure would be a


violation of constitutional due process and should be
deemed arbitrary, capricious, whimsical, and tainted with
grave abuse of discretion.

Disturbance compensation
Coverage, distribution, acquisition
COVERAGE:
(a) All alienable and disposable lands of the public domain
devoted to or suitable for agriculture. No reclassification of forest
or mineral lands to agricultural lands shall be undertaken after
the approval of this Act until Congress, taking into account
ecological, developmental and equity considerations, shall have
determined by law, the specific limits of the public domain;
b) All lands of the public domain in excess to the specific limits as
determined by Congress in the preceding paragraph;
c) All other lands owned by the Government devoted to or
suitable for agriculture;
d) All private lands devoted to or suitable for agriculture
regardless of the agricultural
ACQUISITION:
All remaining agricultural lands during the 5 yr extension period
up to June 30, 2014, in the following order of priority:
a.
Lands with an area of more than 50 hectares, specifically:
1.
Those subjected to Notice of Coverage on or before 12-1008
2.
Rice and corn lands
3.
Idle or abandoned lands
4.
Private lands voluntarily offered
5.
Lands foreclosed
6.
Lands acquired by the PCGG

7.
All other lands owned by the government devoted to or
suitable for agriculture
b.
Lands with an area of 24 hectares up to 50 hectares,
specifically:
c.
Lands with an area of more than 10 hectares up to 24
hectares
d.
Lands from the retention limit up to 10 hectares.
Qualified beneficiaries only farmers and regular farmworkers
actually tilling the lands, as certified under oath by the BARC and
attested under oath by the landowners.
DISTRIBUTION:
The lands covered by the CARP shall be distributed as much as
possible to landless residents of the same barangay, or in the
absence thereof, landless residents of the same municipality in
the following order of priority:
(a) agricultural lessees and share tenants;
(b) regular farm workers;
(c) seasonal farm workers;
(d) other farm workers;
(e) actual tillers or occupants of public lands;
(f) collective or cooperatives of the above beneficiaries; and
(g) others directly working on the land.
Provided, however, That the children of landowners who are
qualified under Section 6 of this Act shall be given preference in
the distribution of the land of their parents; and: Provided,
further, that actual tenant -tillers in the landholding shall not be
ejected or removed therefrom.
5. TERMS
Reasonable nexus rule

6.

Absence
Presence
Disability/death
Death
Night pass
Dispatch
Peace keeping
Death
Compesable
Solo parent act
Definition

7.

When allowed to work in a flexi sched


Conditions
Vs single parent
Death Benefits
Coverage
o SSS:
o Upon death of a member, if he has paid at least 36
monthly contributions prior to the semester of death:
a.primary beneficiaries shall be entitled to the
monthly pension; or
b. If there are no primary beneficiaries, secondary
beneficiaries shall be entitled
to a lump sum benefit equivalent to 36 times the
monthly pension.
o Upon death of a member If he has not paid the required 36
monthly contributions prior to the semester of death:
1. Primary or secondary beneficiaries shall be
entitled to a lump sum benefit equivalent to
the monthly pension multiplied by the
number of monthly contributions paid to the
SSS: or
2. 12 times the monthly pension, whichever is
higher. (Sec. 13)
Beneficiaries
o Dependent Spouseuntil he or she remarries.
o Dependent Childrenuntil they get married, or find gainful
employment, or reach twentyone (21) years of age.
o Dependent Child suffering from physical or mental defect
until such defect disappears.
Requirements
o The beneficiaries of a deceased Ee shall be entitled to an
income benefit if all of the following conditions are
satisfied:
o The Ee has been duly reported to the System;
o He died as a result of an injury or sickness; and
o The System has been duly notified of his death, as well as
the injury or sickness which caused his death.

8. Maternity Benefits

a. The maternity benefit is a daily cash allowance granted to


a female member who was unable to work due to
childbirth or miscarriage.
b. She has paid at least three monthly contributions within
the 12month period immediately preceding the semester
of her childbirth or miscarriage.
c. She has given the required notification of her pregnancy
through her employer if employed, or to the SSS if
separated, voluntary or selfemployed member.
d. The maternity benefit is equivalent to 100 per cent of the
members average daily salary credit multiplied by 60
days for normal delivery or miscarriage, 78 days for
caesarean section delivery.
9. Sickness benefits
a. It is a daily cash allowance paid for the number of days a
member is unable to work due to sickness or injury.
b. The member paid at least 3 monthly contributions in the
12month period immediately preceding the semester of
sickness or injury
c. Confined for more than 3 days in a hospital or elsewhere
with the approval of the SSS
d. He has used all current company sick leaves with pay for
the current year
e. Notified his Er or the SSS, if he is a separated, voluntary or
selfemployed member
10. Utmost liberality rule
11. Liberal interpretation rule
12. Limited Portability Law
Gamo Gamo case
Definition
o A covered worker who transfers employment from one
sector to another or is employed on both sectors, shall
have creditable services or contributions on both Systems
credited to his service or contribution record in each of the
Systems and shall be totalized for purposes of oldage,
disability, survivorship, and other benefits in either or both
Systems. (Sec. 3)
o refers to the transfer of funds for the account and benefit
of a worker who transfers from one system to the other.
What must be proved to be entitled to claim

Limitation:
No compensation shall be allowed to the employee or his dependents
when the injury, sickness, disability, or death was occasioned by
any of the following:
(1) his intoxication;
(2) his willful intention to injure or kill himself oranother; or
(3) his notorious negligence
(4)As otherwise provided by law

Can he claim from both systems


Grounds for entitlement
o Injury, Sickness, Disability, Death

For the injury and the resulting disability or death to be


compensable, the injury must be the result of accident
arising out of and in the course of the employment.
For the sickness and the resulting disability or death to be
compensable, the sickness must be the result of an
occupational disease listed under Annex A of these
Rules with the conditions set therein satisfied, otherwise,
proof must be shown that the risk of contracting the
disease is increased by the working conditions.