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DAY 1- transcription  ATTY CACHO: Definition of labor in our

jurisdiction omitted was the SPIRITUAL.


LABOR However, the definition would LIKEWISE include
that aspect. Probably one of the reasons why
CHAPTER I- GENERAL PROVISIONS
spiritual was not included was because it
Article 1- Name of the Decree- This Decree shall be something which is more done *inaudible* by an
known as the “Labor Code of the Philippines.” apostolic work
(Presidential Decree No. 442, as amended)  P.D. No. 442- carries in its Preliminary Title
(Chapter II, Emancipation of Tenants) which
Article 2- Date of Effectivity- This code shall take effect identifies tenant-farmers as “a vital part of the
six (6) months after its promulgation. (signed on May 1, labor force” (Art. 8) -general concept- more on
1974 by Pres. Ferdinand Marcos) social legislation
 ATTY CACHO: 2 classifications laborers
FUNDAMENTAL CONCEPTS
1. Agricultural
A. THE CONCEPT OF LABOR 2. Non-agricultural

Labor (broadest sense)

 Includes every possible human exertion, mental B. LABOR LAW DEFINED


or physical and even spiritual  “Labor law is that body of statutes, rules and
doctrines that defines State policies on labor
Labor (limited sense)
and employment and governs the rights and
 Refers to any bodily or intellectual exertion done duties of workers and employers respecting
wholly or partly for purpose other than the terms and conditions of employment by
pleasure derived from its performance prescribing certain standards therefor, or by
establishing a legal framework within which
Labor as defined in the Philippine Law better terms and conditions of work could be
 Used to embrace all works without reference to obtained through collective bargaining or other
whether it is done by an employee to an concerted activities.”
employer or not  Reflects the updated concept of labor law within
- i.e. agricultural tenants- included in the updated concept of labor law within the
general terms of labor (physically toil for purview of the Philippine Constitution and the
livelihood) Labor Code
- old labor law (Commonwealth Act 103)  Embodies the definitions of the elements of
 provided for labor organization, labor law and assumes a utilitarian character
lumped laborers, employees  ATTY CACHO: the first part of the definition
and tenants which also referred would refer to labor standards
to agricultural workers and o body of statutes, rules and doctrines
tenants, and even impliedly that defines State policies on labor and
recognized their right to strike employment and governs the rights and
 physical and mental work performed by an duties of workers and employers
employee and physical work performed by respecting terms and conditions of
anyone, whether employed by another or not employment by prescribing certain
 ATTY CACHO: labor would include mental or standards therefor
physical exertion *noh* performed by an  STATUTES- rule of conduct with obligatory
employee or by another, in behalf of another or recourse for observance and enacted by the rule
for himself. making authority *noh* and that is none other
 ATTY CACHO: the definition includes employed than the legislative department
by another and self-employed  STATUTES IN OUR JURISDICTION THAT WOULD
REFER TO LABOR
o Labor Code  Magna Carta for women (for those
 BOOK III- Labor Standards who have gynecological disorder)
 Holiday Pay (100%)  Battered woman act or the anti-
 Special holiday Pay violence against women law
 Overtime Pay  *note: government employees enjoy the right to
 Differential pay self-organization but do not enjoy the right to
o Special labor laws collective bargaining because the terms and
 SSS Law- more on social legislation conditions of their employment are already fixed
because of the chapter on  *recit question: what can a regular or ordinary
retirement, wherein there is no government employee can do in order to
longer employer-employee address their grievance for salary increase?
relationship. However, SSS law Some writes a letter to the Commissioner on
includes a chapter on MATERNITY labor and some lobby on the Congress. NOT ALL
BENEFITS- maternity leave enjoyed government employees are covered by the
by women Salary Standardization Law. An example of this is
 Salary Standardization Law- the Government-Owned and Controlled
emanated from the legislative Corporations created by law or governed by their
department which applies to own charters. The only limitation to this GOCCs
employees in the government are the powers of the Commission on Audit that
service. The Law providing for from time to time announce disallowance of
minimum wage is not a special law benefits that were given by virtue of resolution
because it is actually prescribed by passed and approved by the Board of Directors
the Regional Tripartite Wages and of the GOCC.
Productivity Board and did not  RULES- come in the form of memorandum order,
emanate from the legislative department orders and circulars. However,
department. there are implementing rules and regulations
 Wage Orders- they have the force which pertain to the labor code itself (can be
and effect of a law although they found in the book of Azucena, at the back)
did not emanate from the o STATCON: they cannot reduce or
legislative department. In other expand laws, they are only tasked to
words, the RTWPB which is implement.
composed of the labor sector, o Blas Ople- passed a rule that only the
employer sector and the daily paid employees will be entitled to
government sector, they would legal holiday pay. SC ruled that according
proscribe minimum wage from to the rules on statcon, when the law
time to time under the delegated does not distinguish, then neither
authority provided for by the labor should we. As long as there is no
code. In other words, there is distinction between daily paid
already a built-in or inherent employees and monthly paid
provision there in as much as DOLE employees, then all employees should
was tasked to implement the Labor receive holiday pay.
Code in consonance with the o This is one which is declared by the
principles of these delegated Supreme Court as ULTRA VIRES- what’s
authorities, they can legislate these done in excess of given authority- often
wage orders from time to time. used in corporate law.
 13th month pay- the rationale  DOCTRINES- jurisprudence. Our jurisdiction
behind this is because we have the follows the doctrine of Stare Decisis, wherein
longest Christmas Season. courts have to adhere to previous decisions and
 Paternity leave principles which has been decided.
 ATTY CACHO- labor standards are fixed by law, oWillful disobedience or insubordination
the question now is why doctrines are included oGross and Habitual Negligence
in the definition of labor standards. This can be oFraud or willful breach of trust
exemplified in the situation of the payment of (Dishonesty)
situation pay. When a worker files a case against o Loss of confidence
employer for illegal dismissal, one of the o Commission of a crime or offense
remedies is reinstatement. However, there are against the employer or his immediate
instances wherein the relationship between the family.
worker and the employee had already been o Analogous cases
strained, then the other remedy possible is the  SECOND PART OF THE DEFINITION:
payment of separation pay. o by establishing a legal framework
 2 causes of termination: authorized and just within which better terms and
causes conditions of work could be obtained
 Authorized causes: (termination 30-day notice)- through collective bargaining or other
must be paid a separation pay in order to be concerted activities.
valid. The affected worker shall be entitled to a o this pertains to the labor relations
separation pay shall be equivalent to one (1) o interaction between the employer and
month pay or at least (1/2) month pay for every worker through the union
year of service. A fraction of (6) months shall be o the objective- improves terms and
considered as (1) whole year. condition of employment through
o Retrenchment to prevent losses- Is an collective bargaining and other
economic ground to reduce the number concerted activities
of employees. Reduction of personnel o collective bargaining-takes in form of
for the purpose of cutting down on costs negotiations when major conditions of
of operations in terms of salaries and employment are under consideration
wages. o Concerted activities- come in form of
o Redundancy- Exist where the services of strike, a positive act done by an
an employee are in excess of what is employee in order to improve terms and
reasonably demanded by the actual conditions of work
requirements of the enterprise.  Sit-down strike
o Installation of labor-saving devices-  Slow-down strike
Contemplates the installation of  Picketing- laborers usually carry
machinery to effect economy and placards and stop working
efficiency in the method of production  There should be employer-
o Closing or cessation of operation- the employee relationship in a strike
closure of business is a ground for the for it to be considered as a
termination of the services of an concerted activity
employee unless the closing is for the o When there is deadlock and impasse,
purpose of circumventing pertinent the employers can refer to the remedy
provisions of labor code. that the strike should be peaceful and
o Disease- An employer may terminate that it requires grounds such as unfair
the services of an employee who has labor practice.
been found to be suffering from any o The counterpart of strike which has been
disease and whose continued considered as the potent weapon of the
employment is prohibited by law or is union against the management is
prejudicial to his health as well as health CLOSE-SHOP AGREEMENT
of his co-employees.  Employers would tend to
 JUST CAUSES: compel the union to reduce
o Serious Misconduct Standards their demands so that they
could meet again on a common  sets legal parameters whereby workers may
ground undertake concerted activities to secure
C. ELEMENTS OF LABOR LAW better conditions of employment than those
1. LABOR POLICIES prescribed by labor standards law
 principles or guidelines that define State  Examples
policies regarding labor and employment 1. Book V- Labor Relations and its
 although they do not govern the relations per 2. Amendatory Laws
se between employers and workers, they
represent a new dimension that is integral
part of labor law D. RELATIONSHIPS & DISTINCTIONS
 may be classified into 2:
 constitutional policies LABOR LABOR LABOR
POLICIES STANDARDS RELATIONS
 Art XIII, Sec.3
LAW LAW
 And statutory policies
 Set the  Prescribe the  Provide the
 Book I and II of the Labor Code guidelines to demarcations procedures
 Can they be source of rights? NO. They are be in terms and that govern
only guidelines. This is the reason why implemented conditions of the methods
there are lots of provisions in the by the other employment by which
constitutions which remains as mere two  Essentially terms and
policies because there is a need for the substantive conditions of
legislative department to enact laws in  Purpose: work over
order to implement these policies. Ex: either and above
policy on anti-political dynasty protective or the
ameliorative demarcations
 Labor as set by
standards- labor
2. LABOR STANDARDS LAW standards
may be found
 body of statutes, rules and doctrines that laws may be
in the law
governs rights and duties of workers and itself obtained
employers respecting terms and conditions of  Largely
employment by prescribing certain standards procedural in
therefor character
 standards- whether minimum or maximum,  Terms and
serve as bases of rights and duties of workers conditions
and employers obtained are
 Examples not found in
1. Book III- Conditions of Employment the law itself
but in
2. Decrees on Cost of Living Allowance (P.D.
collective
525)
bargaining
3. 13th Month Pay (P.D. 851) agreements,
arbitration
awards and
3. LABOR RELATIONS LAW decisions
 body of statutes, rules, principles and
doctrines that governs the rights and duties of
workers and employers by establishing a legal
framework within which better terms and
conditions of work could or obtained through
collective bargaining and other concerted
activity
 Example
E. LABOR LAW AND SOCIAL LAW COMPARED 1. Employee
compensation
SOCIAL LAW 2. Social security
3. As to APPLICATION
 Body of rules and statutes aimed at promoting
- LL- provides benefits to workers actively
the general welfare of all the people, with special
employed and as long as there is still
reference to labor
employer-employee relationship.
 General welfare- it should always be in the
- SL- concerned with those whose
pursuance of health, security, public policy,
employment is interrupted by sickness,
education.
disability, death and other causes
 Promotes social justice
 Tries to ensure the welfare and economic
security of all the people, if this is not possible
then to bring about the greatest good for the F. SOCIAL JUSTICE
greatest number SOCIAL JUSTICE
 2-fold justification (labor orientation of social
law)  Those who have less should have more in law-
1. labor constitutes the great majority Pres. Ramon Magsaysay
(about 85%) of the population, hence
any effort to achieve the well-being of all CALALANG VS WILLIAMS (70 PHILS 725)
the people, or at least the greatest good
FACTS:
for the greatest number, should be
directed toward this sector  National Traffic Commission (NTC) where A.D.
(quantitative reason) Williams is the chairman, recommended a
2. to promote the welfare of the society, resolution (July 17, 1940) to the director of
any attempt to strengthen the society Public Works and Secretary of Public Works.
should be addressed towards its  The said resolution prohibits animal-drawn
weakest link, which is labor (qualitative vehicles for a period of 1 year from date of
reason) opening of Colgante Bridge to traffic to pass
 EXAMPLE: along:
1. Agrarian law 1. Rosario St. extending from Plaza
2. SSS Law Calderon de la Barca to Dasmariñas St.
from 7:30 am to 12:30pm and from
DIFFERENCES:
1:30pm to 5:30 pm
1. As to OBJECT 2. Along Rizal Ave. extending from Railroad
- LL- improve the well-being of labor Xing at Antipolo St. to Echague St. from
(employer-employee relationship) 7:00am to 11:00 pm
- SL- promote the welfare of the society in  It was approved and recommend and was
general (greatest good for the greatest modified with
number) 1. Limited to Railroad Xing to Azcarraga St
2. As to SUBJECT MATTER from 7:00am to 11:00 pm
- LL- deals on subjects of proximate and 2. Rosario St. (no modifications)
direct interest to workers
ISSUES:
 Example
1. Wages a. W/N the resolution is UNCONSTITUTIONAL
2. Hours of work (8 hours) because it constitutes undue delegation of
- SL- treats of matters of remote or legislative powers
indirect to workers b. W/N Commonwealth Act 548 constitutes
unlawful interference with legitimate business
or trade and abridge right to personal freedom G. SOURCES OF THE POWER TO ENACT LABOR
of locomotion LAWS
c. W/N the resolution infringes upon constitutional - CONSTITUTION
precept regarding promotion of social justice to 1. Art. II, Sec. 18
insure well-being and economic security of all - “The state affirms labor as a primary social
the people economic force. It shall protect the rights of
RULING: the workers and promote their welfare”
2. Art XIII, Sec. 3
a. No - “The state shall afford full protection to
b. No labor, local and overseas, organized or
c. No unorganized and promote full employment
opportunities for all”
RATIONALE:
3. ART XII, SEC. 12
 SOCIAL JUSTICE - “The State shall promote the preferential use
- neither communism, despotism, atomism nor of Filipino labor, domestic materials and
anarchy but the HUMANIZATION of laws and locally produced goods, and adopt measures
equalization of social and economic forces by that help make them competitive.”
the State so that JUSTICE in its rational and - (See New constitutional Policies)
objectively secular conception may at least be
approximated
- means “promotion of welfare of all the - POLICE POWER
people”  Inherent power of the State to enact legislation
- the adoption by the Government of measures that may interfere with personal liberty and
calculated to insure economic stability of all property in order to promote general welfare
the competent elements of society  It is invasive, the definition is couched in a
- through the maintenance of a proper negative term
economic and social equilibrium in the
interrelations of the members of the
community
PASEI vs. DRILON (186 SCRA 386)
- constitutionally- through adoptions of
measures which are legally justifiable FACTS:
- extra-constitutionally- through the exercise
of powers underlying the existence of all DOLE passed D.O. No. 1- “Guidelines governing the
governments on the time-honored principle: temporary suspension of Deployment of Filipino
salus populi est suprema lex (the welfare of Domestic &Household Workers” which is applicable only
the people should be the supreme law) to domestic helpers and female workers with similar
- must be founded on RECOGNITON OF skills. Philippine Association of Service Exporters Inc.
NECESSITY of interdependence among invoked violation of Sec. 3 of the constitution
diverse units of society and of protection that ISSUE: W/N the exercise of police power through D.O.
should be equally and evenly extended to all No. 1 is valid
groups as a combined force in our social and
economic life RULING:
- consistent with the fundamental and
Yes. There is no satisfactory reason why D.O. No. 1
paramount objective of the state of should be nullified. The order does not make undue
PROMOTING the health. Comfort and quiet of
discrimination among sexes. The classification of identity
all persons and bringing about the “greatest
of rights between men and women is valid provided that:
good to the greatest number”
1. It rests on substantial distinctions
2. Germane to the purposes of law
3. NOT confined to existing conditions  Contains nationalistic provisions protecting
4. Apply equally to members of the same class Filipino labor

The records show that there is a greater number of


maltreatment cases on women compared with men. The
Order clearly affords women for protection. The J. NEW CONSTITUTIONAL POLICIES ON
“protection to labor” clause is not only embedded on CONCERNING LABOR
promotion of employment alone it also includes 1. ART II, SEC. 18
protection of laborers from maltreatment in their - “The State affirms labor as a primary
workplace social economic force. It shall protect the
rights of workers and promote their
RATIONALE: welfare.”
 Police Power 2. ART XII, SEC. 12
a. Imposition of restraint upon liberty or - “The State shall promote the preferential
property use of Filipino labor, domestic materials
b. To foster common good and locally produced goods, and adopt
 When power is used to private interests measures that help make them
at the expense of citizenry, then there is competitive.”
clearly a misuse of power 3. ART XIII, SEC. 3
- “…The State shall promote the principle
 Art XIII, Sec. 3
of shared responsibility between workers
 “The State shall regulate the relations
and employers and the preferential use
between workers and employers,
of voluntary modes in settling disputes,
recognizing the right of labor to its just
including conciliation, and shall enforce
share in the fruits of production and right
their mutual compliance therewith to
to enterprises to reasonable returns on
foster industrial peace.”
investments and to expansion and
 preferential modes of settling disputes to promote
growth”
industrial peace: (JUDICIAL DISPUTE SETTLEMENTS)
o Conciliation- only an impartial 3rd party
but he does not render a decision. He
H. RATIONALE OF LABOR LAWS
only acts as a referee between the two
ART. 1700 (Civil Code) parties
o Mediation- where the mediator, who is
 “The relations between capital and labor are not likewise impartial, suggest proposals
merely contractual. They are so impressed with between the parties
public interest that labor contracts must yield to o Arbitration (2 kinds)
the common good. Therefore, such contracts are  Voluntary- parties would submit
subject to the special laws on labor unions, their labor dispute before a
collective bargaining, strikes and lockouts, closed voluntary arbitrator and the VA
shop, wages working conditions, hours of labor will render a decision which is
and similar subjects.” supposedly final however, if it is
 Special laws are known collectively as labor founded that he acted with
laws grave abuse of discretion then it
 Labor is imbued with public interest can be assailed before the
regular courts
 Mandatory- if an employee is
I. SIGNIFICANCE OF CONSTITUTION TO LABOR dismissed and he is questioning
 It defines new State policies on labor his dismissal, then he would
 It guarantees individual and collective rights of have to file a complaint before
workers the arbitration branch and that
is actually what CANNOT be recognizing the right of labor to its just
ignored by the employer. share in the fruits of production and the
right of enterprises to reasonable
returns on investments, and to
4. ART XIII, SEC. 14 expansion and growth.”
- “The State shall protect working women - Reasonable returns of investment- the
by providing safe and healthful working only constitutional provision wherein
conditions, taking into account their the right of the management was duly
maternal functions, and such facilities recognized (ROI)
and opportunities that will enhance their - As you can see the state could not adopt
welfare and enable them to realize their a hands-on policy because of this
full potential in the service of the provision to regulate the relation
nation.” between the employer and worker, in
- In line with this is the enactment of the other words, it always has to step in in
Magna Carta for Women order to tilt the *inaudible* imbalance
- Abolition of the chapter prohibiting the between the employer and the
night time work for women in order to employee
accommodate those working in call - Why is labor entitled to protection?
centers Employers have this resources that can
- For the special workers wherein women sustain them during a labor dispute.
would fall under, there is a whole However, employees who are
chapter there providing protection for terminated have no resources after
working women such as providing seats termination during labor disputes
for women, or providing for lactation
area  This policy precludes the state from adopting
laissez fair policy on labor relations due to
public interest involved therein.
K. RESTATEMENT OF OTHER CONSTITUTIONAL
POLICIES
5. ART XIII, SEC. 3 L. CONSTITUTONAL RIGHTS OF LABOR
- “The State shall afford full protection  Classified into two
to labor, local and overseas, organized a. Individual rights- found in ART III, const.
and unorganized, and promote full b. Collective rights- found in ART XIII, Sec. 3
employment and equality of
DAY 2
employment opportunities for all….
(restated from 1973 consti) I. INDIVIDUAL RIGHTS OF LABOR
- Local and overseas- migrant workers
act, for local and domestic- provisions of
labor code A. RIGHT TO DUE PROCESS
- Organized- the establishment has a - “No person shall be deprived of life, liberty, or
union property without due process of law, nor shall
- Unorganized- the establishment does any person be denied the equal protection of the
not have a union laws.” (ART III, SEC. 1)
- Promote full employment and equality - Includes a worker’s right to his labor and to the
of employment opportunities- placing fruits of industry
of the workers to the position - A worker cannot be deprived of his job or his
commensurate to their qualification wages without due process of law
- “…The State shall regulate the relations
between workers and employers,
- Employment, profession and calling is (2) The tribunal must consider the evidence
considered as property presented.
- “notice and hearing” (3) The decision must have something to
- Two kinds of due process: support itself.
1. Procedural due process (4) The evidence must be substantial.
 when we say procedure, it is (administrative cases) (in civil cases it should
when you notify the party of the be preponderance of evidence, in criminal
accusation. Hearing means face cases, proof beyond reasonable doubt)
to face confrontation (5) The decision must be rendered on the
 parties must be given 5 days to evidence presented at the hearing, or at
reply least contained in the record and disclosed
2. Subtantive due process to the parties affected.
(6) The tribunal or body or any of its judges must
act on its or his own independent
ANG TIBAY VS CIR, 69 PHILS 675 consideration of the law and facts of the
controversy and not simply accept the view
FACTS:
of a subordinate in arriving at a decision.
ANG TIBAY, represented by Toribio Teodoro faced a (7) The board or body should, in all controversial
complaint from the National Labor Union (NLU) before questions, render its decision in such a
the Court of International Relations (CIR). NLU claims manner that the parties to the proceeding
that ANG TIBAY was guilty for unfair labor practice for can know the various issues involved, and
unjustly favoring National Workers’ Brotherhood and the reason for the decision rendered.
discriminating against NLU. ANG TIBAY allegedly laid off
members of the NLU due to “lack of leather materials”
(89 laborers from NLU was excluded by ANG TIBAY). CIR  SUBSTANTIAL EVIDENCE MEANING- it is such
allegedly ruled in favor of NLU without having ANG TIBAY evidence that a reasonable mind might accept as
to present its evidence before them adequate in order to support the conclusion
 ATTY CACHO: Opportunity to be heard, up to
ISSUE: W/N ANG TIBAY’s right to due process was
what extent?
violated by having denied to present evidence
 When we say mere opportunity,
RULING: example, you are issued a formal charge,
unlike in cases cognizable by the regular
YES. CIR is a special court (established through
courts wherein the rules of courts apply,
Commonwealth Act 103) which exercises judicial and
in administrative proceedings, once you
quasi-judicial functions in the determination of disputes
are notified, and you ignored it, then
between employers and employees. CA 103 requires CIR
that’s it. There is already sufficient
to act according to justice, equity and substantial merits
compliance to the due process
of the case without regard to legal forms and shall not be
requirement. That is the implication of
bound by technical rules of evidence. It is also free from
the mere opportunity to be heard. You
rigidity of certain procedures. Although CIR performs
already had your chance and you blew
special functions, it does not mean that it can fully ignore
it. (Nung nandiyan kasi, binabalewala
and disregard fundamental requirements of due process.
mo lang, tapos ngayong wala na sya,
RATIONALE: (emphasized in discussions) saka ka maghahanap, wag ganon, brad.)
 ATTY Cacho discussed the case of Maritime
- CARDINAL PRIMARY RIGHTS factors vs Bienvenido Hindang wherein Hindang
(1) The right to a hearing, which includes the committed suicide. His family applied for
right to present one's case and submit redemption of death benefits and maritime factors
evidence in support thereof. presented the death certificate document through
fax which stated that the cause of his death was
suicide. The court ruled that this evidence is ISSUE: W/N PCWU’s right to freedom of speech through
sufficient although it is not the original document picketing was violated.
because the evidence presented was substantial.
RULING:
 How about telephone calls? Can it be
considered a substantial evidence? The court ruled NO. there is no employer-employee
that telephone calls are not considered as relationship between LPI and PCWU.
substantial evidence (however, it is not yet final bec
the case is still ongoing-case ni sir to) RATIONALE:
 INHIBITION- remedy available to the party - RIGHT TO PICKET- means of communicating the
wherein the judge or the labor arbiter seemed to be facts of labor dispute and cannot be curtailed
biased. (mandatory and Voluntary) even in the absence of Employer-Employee
Relationship. However, this is not the absolute
rule. It CAN BE REGULATED at the instance of a
B. FREEDOM OF EXPRESSION third party or innocent bystanders where their
- “No law shall be passed abridging the freedom interests have no connection
of speech, of expression, or of the press, or the
right of the people peaceably to assemble and
petition the government for redress of C. FREEDOM OF ASSOCIATION
grievances.” (ART III, SEC. 4) - “the right of the people, including those
- Covers the labor practice of PICKETING employed in the public and private sectors, to
- It has been declared that “by peaceful picketing, form unions, associations, or societies for
working men communicate their grievances” purposes not contrary to law shall not be
- Phase of the Constitutional right to free abridged.” (ART III, SEC. 8)
utterance - Carries a special significance to the rights of the
- This right is available to individual workers individual worker
subject to legal limitation if industrial peace to - NOTE: purposes should not be contrary to law
air their grievances. - Implies not only the right to join a labor union
- but also the privilege of not joining one
- Xpn: arises when it runs into conflict with the
LIWAYWAY PUBLICATIONS VS PERMANENT CONCRETE
collective right of labor to self-organization as
WORKERS UNION, ET. AL. (108 SCRA 16)
expressed in the union security clause of CBA
FACTS: - Who can join unions? Any rank and file
employees
Liwayway Publications, Inc. (LPI) has a bodega  NOTE: organized establishment: Union-Security
which is located in the same area where the Permanent clause- wherein employer should only hire union
Concrete Workers Union (PCWU) work. PCWU declared members- CLOSE SHOP AGREEMENT
a strike against their company by gathering and picketing  UNION SECURITY CLAUSE- the union is secured
in the surroundings of their company. LPI’s printing plant here, not of the company. One intended to
bodega is located near PCWU’s company, the union perpetuate the union. Because without this, the
members threatened and stopped the manager, general union might die a natural death.
manager, bodega-in-charge, and personnel manager o Close-shop agreement
from getting newsprint in the bodega. RTC issued a o Maintenance of Membership Clause for
preliminary injunction and enjoined PCWU from the duration of the CBA- you must
picketing in LPI’s bodega. PCWU claimed that RTC has no maintain your membership in the union
jurisdiction since it is a labor dispute and must be under o UNION SHOP- one step less than the
the jurisdiction of the CIR. PCWU argued that the RTC close shop. This is where the employer
violated their right to freedom of speech (through can hire a non-union member, but once
picketing) when the court issued a writ of preliminary they become employees, they must
injunction and ordered them to pay damages to LPI. become members.
o AGENCY FEE- union dues of union members thereto" 5 ; and, consequently, deprives
members. Although they are not said members of their constitutional right to form or
members of the union, they still enjoy join lawful associations or organizations guaranteed
the benefits of the efforts of the union. by the Bill of Rights, and thus becomes obnoxious to
So, agency fee is paid so that NO ONE Article III, Section 1 (6) of the 1935 Constitution
CAN BE FREE RIDERS
RULING
o SECURITY GUARDS- cannot join unions
because in cases of concerted activities, 1. NO. R.A. No. 3350 is constitutional on all counts. It
they are tasked to maintain peace and must be pointed out that the free exercise of religious
order profession or belief is superior to contract rights. In case
of conflict, the latter must, therefore, yield to the former.
DAY 3
2. NO. What the exception provides, therefore, is that
VICTORIANO VS ELIZALDE ROPE WORKERS UNION, 59 members of said religious sects cannot be compelled or
SCRA 54 coerced to join labor unions even when said unions have
FACTS: closed shop agreements with the employers; that in spite
of any closed shop agreement, members of said religious
Victoriano is a member of the INC and was sects cannot be refused employment or dismissed from
employed by the Elizalde Rope Factory (ERF). ERF have a their jobs on the sole ground that they are not members
close shop agreement with ERWU. ERFV requires all of the collective bargaining union.
permanent employees to be a member of ERWU.
Victoriano became a member but wishes to resign If, notwithstanding their religious beliefs, the
because his religion prohibits him from joining labor members of said religious sects prefer to sign up with the
unions. ERWU refused to process his resignation, but labor union, they can do so. If in deference and fealty to
when Victoriano insisted, ERF dismissed him from his their religious faith, they refuse to sign up, they can do
current employment thus this case. Under Section 4(a), so; the law does not coerce them to join; neither does
paragraph 4, of Republic Act No. 875, prior to its the law prohibit them from joining; and neither may the
amendment by Republic Act No. 3350, the employer was employer or labor union compel them to join. Republic
not precluded "from making an agreement with a labor Act No. 3350, therefore, does not violate the
organization to require as a condition of employment constitutional provision on freedom of association.
membership therein, if such labor organization is the RATIONALE
representative of the employees." On June 18, 1961,
however, Republic Act No. 3350 was enacted, - The free exercise of religious profession or belief
introducing an amendment to — paragraph (4) is superior to contract rights. In case of conflict,
subsection (a) of section 4 of Republic Act No. 875, as the latter must yield to the former.
follows: ... "but such agreement shall not cover members - If in deference and fealty to their religious faith,
of any religious sects which prohibit affiliation of their they refuse to sign up, they can do so; the law
members in any such labor organization". does not coerce them to join; neither does the
law prohibit them from joining, and neither may
ISSUES: the employer or labor union compel them to
1. W/N RA 3350 introducing an amendment to join.
paragraph (4) subsection (a) of section 4 of Republic
Act No. 875, as follows: ... "but such agreement shall
not cover members of any religious sects which JAMES M IMBONG, ET. AL. VS HON. PAQUITO OCHOA
prohibit affiliation of their members in any such labor JR., GR. NO. 204819
organization" is unconstitutional
2. W/N RA 3350 infringes on the fundamental right to FACTS
form lawful associations when it "prohibits all the Despite calls to withhold support thereto,
members of a given religious sect from joining any however, Republic Act (R.A.) No. 10354, otherwise
labor union if such sect prohibits affiliations of their
known as the Responsible Parenthood and Reproductive 8. Prohibition against involuntary servitude
Health Act of 2012 (RH Law), was enacted by Congress
on December 21, 2012. Shortly after the President placed B. W/N the delegation of authority to the Food and
his imprimatur on the said law, challengers from various Drug Administration (FDA) to determine W/N a supply
sectors of society came knocking on the doors of the
or product is to be included in the Essential Drugs List is
Court, beckoning it to wield the sword that strikes down
constitutional disobedience. Aware of the profound and valid
lasting impact that its decision may produce, the Court
now faces the Juris controversy, as presented in fourteen C. W/N the RH Law infringes upon the powers devolved
(14) petitions and two (2) petitions- in-intervention. A to Local Governments and the Autonomous Region in
perusal of the foregoing petitions shows that the Muslim Mindanao (ARMM)
petitioners are assailing the constitutionality of RH Law
RULING:
ISSUES
A. 1. NO., 2. NO., 3.a.) NO. b.) YES. c.) NO. 4. YES. 5. NO.
A. W/N RA 10354/Reproductive Health (RH) Law is 6. NO. 7. NO. 8. NO.
unconstitutional for violating the:
B. NO.
1. Right to life C. NO.
2. Right to health
RATIONALE
3. Freedom of religion and right to free speech
a. W/N the RH Law violates the guarantee of 3.) The Court cannot determine W/N the use of
contraceptives or participation in support of modern RH
religious freedom since it mandates the State-
measures (a) is moral from a religious standpoint; or, (b)
sponsored procurement of contraceptives, right or wrong according to one’s dogma or belief.
which contravene the religious beliefs of e.g. However, the Court has the authority to determine W/N
the petitioners the RH Law contravenes the Constitutional guarantee of
religious freedom.
b. W/N the RH Law violates the guarantee of
religious freedom by compelling medical 3a.) The State may pursue its legitimate secular
objectives without being dictated upon the policies of
health practitioners, hospitals, and health
any one religion. To allow religious sects to dictate policy
care providers, under pain of penalty, to refer or restrict other groups would violate Article III, Section
patients to other institutions despite their 5 of the Constitution or the Establishment Clause. This
conscientious objections would cause the State to adhere to a particular religion,
and thus, establishes a state religion. Thus, the State
c. W/N the RH Law violates the guarantee of
can enhance its population control program through the
religious freedom by requiring would-be RH Law even if the promotion of contraceptive use is
spouses, as a condition for the issuance of a contrary to the religious beliefs of e.g. the petitioners.
marriage license, to attend a seminar on
3b.) Sections 7, 23, and 24 of the RH Law obliges a
parenthood, family planning, breastfeeding hospital or medical practitioner to immediately refer a
and infant nutrition person seeking health care and services under the law to
another accessible healthcare provider despite their
4. Right to privacy (marital privacy and autonomy) conscientious objections based on religious or ethical
beliefs. These provisions violate the religious belief and
5. Freedom of expression and academic freedom conviction of a conscientious objector. They are contrary
to Section 29(2), Article VI of the Constitution or the Free
6. Due process clause
Exercise Clause, whose basis is the respect for the
7. Equal protection clause inviolability of the human conscience.
The provisions in the RH Law compelling non-maternity This is discriminatory and violative of the equal
specialty hospitals and hospitals owned and operated by protection clause. The conscientious objection clause
a religious group and health care service providers to should be equally protective of the religious belief of
refer patients to other providers and penalizing them if public health officers. There is no perceptible distinction
they fail to do so (Sections 7 and 23(a)(3)) as well why they should not be considered exempt from the
as compelling them to disseminate information and mandates of the law. The protection accorded to other
perform RH procedures under pain of penalty (Sections conscientious objectors should equally apply to all
23(a)(1) and (a)(2) in relation to Section 24) also violate medical practitioners without distinction whether they
(and inhibit) the freedom of religion. While penalties may belong to the public or private sector. After all, the
be imposed by law to ensure compliance to freedom to believe is intrinsic in every individual and the
it, a constitutionally-protected right must prevail over protective robe that guarantees its free exercise is not
the effective implementation of the law. taken off even if one acquires employment in the
government. (Emphasized in discussion)
Excluding public health officers from being conscientious
objectors (under Sec. 5.24 of the IRR) also violates the It should be stressed that intellectual liberty occupies a
equal protection clause. There is no perceptible place inferior to none in the hierarchy of human values.
distinction between public health officers and their The mind must be free to think what it wills, whether in
private counterparts. In addition, the freedom to believe the secular or religious sphere, to give expression to its
is intrinsic in every individual and the protection of this beliefs by oral discourse or through the media and, thus,
freedom remains even if he/she is employed in the seek other candid views in occasions or gatherings or in
government. more permanent aggrupation. Embraced in such concept
then are freedom of religion, freedom of speech, of the
Using the compelling state interest test, there is no
press, assembly and petition, and freedom of association
compelling state interest to limit the free exercise of
(emphasized in discussion)
conscientious objectors. There is no immediate danger
to the life or health of an individual in the perceived D. NON-IMPAIRMENT-CLAUSE
scenario of the above-quoted provisions. In addition, the - “No law impairing the obligation of contracts
limits do not pertain to life-threatening cases. shall be passed.” (ART III, SEC. 10)
- Right to the sanctity of the employment
The respondents also failed to show that these
contracts
provisions are least intrusive means to achieve a
- Subsequent law or ordinance which destroys or
legitimate state objective. The Legislature has already
diminishes the value of these contacts or
taken other secular steps to ensure that the right to
deviates from their terms impairs their
health is protected, such as RA 4729, RA 6365 (The
obligation
Population Act of the Philippines) and RA 9710
- LIMITATION: police power of the State
(The Magna Carta of Women).

3c.) Section 15 of the RH Law, which requires would-be


spouses to attend a seminar on parenthood, family E. FREE ACCESS TO COURTS & QUASI-JUDICIAL
planning, breastfeeding and infant nutrition as a BODIES
condition for the issuance of a marriage license, is a - “Free access to the courts and quasi-judicial
reasonable exercise of police power by the government. bodies and adequate legal assistance shall not be
The law does not even mandate the type of family denied to any person by reason of poverty.” (ART
planning methods to be included in the seminar. Those III, SEC. 11)
who attend the seminar are free to accept or reject - Affords the worker the double protection which
information they receive, and they retain the freedom to could otherwise be negated on the account of
decide on matters of family life without the intervention poverty.
of the State.

- EMPHASIZED IN DISCUSSION:
F. RIGHT TO SPEEDY DISPOSITION OF CASES the above temporary agreement between the parties to
- “All persons shall have the right to a speedy be reasonable and advantageous to both, the court
disposition of their cases before all judicial, approves the same and orders the striking laborers of the
quasi-judicial, or administrative bodies.” (ART III, respondent company to return to their work on Tuesday,
SEC. 16) September 24, 1946 at 7:00 o'clock in the morning, and
- Covers all form of labor dispute the respondent company to resume its operation and
- Doesn’t mean haste to proceedings BUT means admit the striking laborers.
that it shall be conducted with reasonable
It appears that on January 7, 1947, the
promptness consistent with due administration
respondent Gotamco Saw Mill filed with the Court of
of justice.
Industrial Relations (CIR) an urgent motion asking that
the petitioning union be held for contempt of court for
having staged a strike during the pendency of the case.
G. RIGHT AGAINST INVOLUNTARY SERVITUDE
Petitioner said that the respondent ordered the
- “No involuntary servitude in any form shall exist
stoppage of the work and consequently the workers did
except as a punishment for a crime whereof the
then and there stop working. In the counter-petition said
party shall have been duly convicted.” (ART III,
petitioner asked the respondent to be held for contempt
SEC. 18[2])
for having employed four new Chinese laborers during
- PROHIBITION OF:
the pendency of the hearing of the main case, without
o SLAVERY-state of entire subjection of a
express authority of the court and in violation of section
person to the will of another
19 of Commonwealth Act No. 103
o INVOLUNTARY SERVITUDE- enforced
compulsory service of one to another ISSUES: W/N the provisions of section 19 of
- PURPOSE- make labor free by prohibiting control Commonwealth Act No. 103, upon which order of
by which the personal service of one man is September 23, 1946, is constitutional
disposed of/ coerced for another’s benefit
RULING:
- Gratuitous services to secure payment of a loan-
subject to CRIMINAL PROSECUTION Section 19 of Commonwealth Act No. 103 is
- RETURN TO WORK- NOT involuntary servitude constitutional. It does not offend against the
because the employee entered into a contract of constitutional inhibition prescribing involuntary
employment therefore, there is servitude.
VOLUNTARINESS on the part of the employee
RATIONALE:

An employee entering into a contract of


KAISAHAN VS GOLAMCO SOWMILLS, 80 PHILS. 521 employment said law went into effect, voluntarily
accepts, among other conditions, those prescribed in
FACTS: said section 19, among which is the "implied condition
The Kaisahan ng mga Manggagawa sa Kahoy sa that when any dispute between the employer or
Pilipinas declared a strike on September 10, 1946, landlord and the employee, tenant or laborer has
against Gotamco Sawmill, which suspended all the work been submitted to the Court of Industrial Relations for
in the respondent company, for salary increase. After a settlement or arbitration, pursuant to the provisions of
series of conferences held on September 23, 1946, the this Act, and pending award or decision by it, the
labor leader decided to accept a temporary arrangement employee, tenant or laborer shall not strike or walk out
of the wage problem as proposed by management, of his employment when so joined by the court after
that is, P2.00 over-all increase without meal to all striking hearing and when public interest so requires, and if he
laborers; and that Francisco Cruz, President of the Union, has already done so, that he shall forthwith return to it,
stated that they were going to accede to this upon order of the court, which shall be issued only after
proposition, provided that the management would hearing when public interest so requires or when the
permit the laborers to bring with them home, if available, dispute cannot, in its opinion, be promptly decided or
small pieces of lumber to be utilized as firewood. Finding settled ..." The voluntariness of the employee's entering
into such a contract of employment — he has a free courts. More so must this be in the present case, what
choice between entering into it or not — with such an with the reality that the stipulation refers to the post-
implied condition, negatives the possibility of employment relations of the parties.
involuntary servitude ensuing.
For sure, a plain and cursory reading of the
complaint will readily reveal that the subject matter is
one of claim for damages arising from a breach of
contract, which is within the ambit of the regular court’s
jurisdiction.
YUSEN AIR AND SEA SERVICE PH, INC. VS ISAGANI A.
VILLAMOR, G.R. NO. 154060 It is basic that jurisdiction over the subject
matter is determined upon the allegations made in the
FACTS complaint, irrespective of whether or not the plaintiff is
Petitioner hired respondent Villamor as branch entitled to recover upon the claim asserted therein,
manager in its Cebu Office. Later, petitioner reclassified which is a matter resolved only after and as a result of a
respondent’s position to that of Division Manager, which trial. Neither can jurisdiction of a court be made to
position respondent held until his resignation on depend upon the defenses made by a defendant in his
February 1, 2002. Immediately after his resignation, answer or motion to dismiss. If such were the rule, the
respondent started working for Aspac International, a question of jurisdiction would depend almost entirely
corporation engaged in the same line of business as that upon the defendant.
of petitioner. Thereafter, petitioner Yusen Air filed
against respondent a complaint for injunction and
damages with prayer for a temporary restraining order in DAY 4
the RTC of Parañaque City, on the ground that
II. COLLECTIVE RIGHTS OF LABOR
respondent violated the provision in his contract that he
should not affiliate himself with competitors for a period A. RIGHT TO SELF-ORGANIZATION:
of two years from his resignation or separation from
petitioner company. Q: who can join and who cannot join?
Who can join: rank and file employees/ sec guards (?)
Respondent also filed against petitioner a case
for illegal dismissal before the NLRC. Instead of filing an Who cannot: HR/ Managerial Positions/ employees
answer to the case in the RTC, respondent moved for the occupying position which are primary confidential and
dismissal of said case, arguing that the RTC has no highly technical
jurisdiction over the subject matter of said case because
A: HR employees– not automatic because they are also
an employer-employee relationship is involved. rank and file employees. They are prohibited because of
Petitioner contends that its cause of action did not arise the stipulation under collective bargaining agreement
from employer-employee relations even if the claim and under the doctrine of necessary implications –
therein is based on a provision in its handbook. they’ve worked for the managerial employees – they
ISSUES: W/N the RTC has jurisdiction over the present have access to confidential info. If they will become
controversy. members of the union, their position will become in
conflict of the interest of the rank and file.
RULING: YES. The RTC has jurisdiction over the case.

RATIONALE: - Supervisory employees cannot join rank and file


union but they can create their own
As it is, petitioner does not ask for any relief
under the Labor Code. It merely seeks to recover *Govt employees: can join but cannot engage in
damages based on the parties’ contract of employment concerted activities as held in SSSEA v SSS
as redress for respondent's breach thereof. Such cause
of action is within the realm of Civil Law, and
jurisdiction over the controversy belongs to the regular
or position shall not be dismissed without cause
and due process…
B. RIGHT TO COLLECTIVE BARGAINING:

Q: Is there difference between bargaining agreement Q: What are just causes of termination?
and negotiation? - dishonesty, gross negligence, insubordination
- Often used interchangeably etc (check past discussion and Art 297)
- CBA: where labor standards/benefits are
Q: What are authorized causes?
included, usually applies to workers in the
private sector; law between parties - Retrenchment : does not need that company is
- CBN: you negotiate only; applies to employees in already operating at a loss; employer need not
the govt be suffering actual loss to retrench
o *terms and conditions in govt service are - Disease – contagious (HIV, TB)
more or less permanent ( salary – Salary - Redundancy of work
Standardization Law)
*memorize consequences of legal termination under art
C. RIGHT TO PEACEFUL CONCERTED ACTIVITIES: 294 (As far as resintatement is concerned Physical
reinstatement, payroll reinstatement, backwages )
Q: What does the constitutional provision mean with
strike in accordance with law? What law is being referred *In order for employer to perfect his appeal questioning
to? the decision of the labor arbiter, he has to post a bond
- right to concerted activities not absolute equivalent to the monetary award.
-Constitution itself qualifies it with condition of being *Financial assistance (awarded if ee’s cause of
peaceful termination is out of character; length of service also
considered) awarded to employee does not form part of
-Strike referred to must have ee and er relationship
the monetary award but in case of doubt, include in
*Strike discussed in Book V computation of the bond.
- Before strike can be held there must be a ground (unfair * incidentally, the consequence of finding of illegal
labor practice etc.) termination is in consonance with the mandate to
protect the interest of labor.
- procedure is also important to make it valid – notice of
strike Q: Rationale of posting of bond? Considered iniquitous
because judgment not yet final but er must pay bond
- if marked with violence, strike may be held invalid
- Discourage frivolous appeal on the part of the
Q: What is peaceful concerted activity?
employer; nothing more exacting regarding the
- Activities of two or more employees for the right to speedy trial than in labor cases
purpose of securing benefits or changes in terms
and conditions of employment, or for mutual aid *Illegal termination: entitled to his backwages
or protection with respect to their collective inclusive of allowances, computed from time he was
dismissed up to actual reinstatement
interest as employees
* Backwages – computed only up to promulgation of
decision of LA but for as long as there are appeals,
D. RIGHT TO SECURITY OF TENURE: backwages is running. If Er appealing, backwages run
until SC decision. Running stops at the moment the
Q: What is this right? Er stops appealing/elevating the decision.

- Art 294, Book 2 : Security of Tenure – All Q: What are the classifications of employees?
employees, irrespective of employment status
- 1 . Probationary employees: upon engagement *as for rank and file employees: they may not
in employment, they undergo trial before understand what they were signing on to. Reso:
regularization; employer ensures the fitness let them write in their own handwriting so that
employee for the job; probationary period: 6 what needs otbe proved only is that their
months (teachers – longer prob period: 3 yrs or consent was vitiated
6 consecutive semesters) (longer PP for highly * quit claims and release: already completed ;
employer only ask employee to affix his
technical employees, doctors); if Prob contract is
signature
terminated within the period , er may be held for
illegal termination but there liability is limited –
6. Managerial/ Supervisory – already discussed
er reqd to pay unexpired portion of period.
* periodic performance evaluation of
probationary employee- Er employs such to E. RIGHT TO LIVING WAGE:
determine if the ee has what it takes to be Living wage- takes into consideration not only
regularized the worker himself, but also his family. It concerns not
only hi ordinary requirements of life but all the additional
2. Regular Employee - perform necessary requirements of his family; this is a qualitative concept
activities; check the contract, if there is no intended to secure the social end of eventually freeing
probationary contract, then he is a regular the people from poverty and providing an improved
employee; if ee is enrolled as member of SSS, he quality of life for all
is a regular employee
Minimum Wage- floor wage, below which remuneration
3. Project employee- involved in project; there cannot fall. It is basically a quantitative concept, despite
must also project employee contract; used by Er all the factors considered, may still be equated with the
to circumvent security of tenure; if project is term subsistence wage
extended, project employment contract is also *wage order 22 (If not mistaken) – daily min wage in ncr
extended through addendum or supplemental is 502 plus 10 pesos for cost of living allowance = 512
contract
* there is a department order stating that – every
time a contractor completes a project, he has to
F. RIGHT TO PARTICIPATE IN POLICY AND DECISION-
submit a list of his project employees to nearest
MAKING:
field office of DOLE – presumption is they are
part of pool of regular workers of contractor.
- Reinstated in Wage Rationalization Act:
4. casual employee : performs activities employees can participate in policy making
incidental to operations; they become regular affecting their rights respecting terms and
after a year as long as such activity exists conditions of employees
- This right, on the part of the employees, can only
5. Contractual employees: contract of be asserted in cases involving terms an
employment is for a definite period; conditions of employment
contractualization will be here to stay unless
they amend the labor code Q: Can ee be considered part of board of directors
* for teachers to be regular – he must be because of this right to participate in policy and decision
teaching full time (ex. UST Civil law professors – making? (asked in past exam)
they are only teaching part time
*brent school vs Zamora: faculty members shall - No. This right only applies to situations where
know the consequences of the contract they are ees terms and conditions of employment are
signing affected
- Ex: CBA
M. RESIDUAL PROVISIONS PERTAINING TO courts is acquired through payment of docket
NATIONALISTIC PROVISIONS UNDER THE fees”
CONSTITUTION (OTHER FEATURES - Single Entry Approach (SENA), conciliation and
PROTECTING FILIPINO LABOR mediation by the labor arbitration branch of the
NLRC where if a settlements is reached between
1. Art XII, Sec 14 - practice of all professions are only the parties the complaint will stop then and
confined to Filipino citizens there.
*Parity agreement: principle of reciprocity – - Provide “adequate legal assistance” to offset the
those who can practice in US, can practice here disadvantage of the worker due to the limited
as well resources against the employer.
B. RIGHT TO SPEEDY DISPOSITION OF CASES
2. Educational institutions shall be owned solely by - “All persons shall have the right to a speedy
citizens of Philippines; xpn: those established by religious disposition of their cases before all judicial quasi-
grps and mission boards judicial or administrative bodies. (Art. III Sec. 16
1987 Constitution)
Corporations or associations – 60% shall be owned by
- Rationale: To prevent undue and unjust delay to
citizens
the complainant which could result to loss of
*Congress may however, require increased Filipino income and additional expenses.
equity participation in all educational institutions. - Discussion by Atty. Cacho: “SENA likewise also
provides a short disposition of cases,
3. Art XIV, sec 4 (2): control and administration
encouraging conciliation and mediation, if a
educational institutions shall be vested in citizen of PH
settlement is reached the complaint ceases. If
4. Art XIV, sec 4 (1): ownership and management of mass not, a proper complaint will be filed and be
media shall be limited to citizens of PH scheduled for a preliminary hearing, such
schedule will be known to the parties within the
5. Art XVI, Sec 11 (2): Only Fil citizens or corps, day.”
associations at least seventy per centum of capital of - Consequence when there is a violation of the
which is owned by such citizens shall be allowed to Right to speedy trial according to Atty. Cacho:
engage on advertising industry “The complainant might take the law into his
own hands, simply because he was left hanging
until the case has reach finality. For example,
DAY 5 have you heard of the case of the OFW where he
killed is employer along with a co-employee”
INDIVIDUAL RIGHTS OF LABOR (Continuation)
”the essence of the right is to give what is due the
complainant at the earliest possible moment to
Atty Cacho, discussed the remaining INDIVIDUAL RIGHTS
prevent the complainant from incurring more
OF LABOR
expenses”

A. FREE ACCESS TO COURTS AND QUASI-JUDICIAL BODY


BIRTH OF THE LABOR CODE
- “Free access to the courts and quasi-judicial
bodies, and adequate legal assistance shall not - The Labor Code of the Philippines was enacted
be denied to any person by reason of poverty. into law by Presidential Decree No. 442 which
(Art. III, Sec. 11 1987 Constitution) was approved on May 1, 1974 and took effect six
- Non self-executing months later, on November 1, 1974, except its
- Discussion by Atty. Cacho: “Such collective labor provisions on the employees’ compensation
right can be seen when an employee initiates a program which became applicable to
complaint against his employer, just walk in the contingencies occurring on or after January 1,
NLRC and you will be assisted by officers. No 1975.
filing fee required, no docket fee required, unlike - Agencies involved in the drafting of the Labor
in regular complaints wherein jurisdiction by the Code:
 Department of Labor and Employment  GSIS LAW
 Department of Trade and Industry  Agrarian Reform Law
 Board of Investments  13th-month Pay Law
 UP Law Center  Magna Carta for Public Health Workers
 The Integrated Bar of the Philippines
(IBP)
 Personnel Management Association of DAY 6
the Philippines (PMAP)
 National Economic Development
Authority (NEDA) Recap of the discussion last meeting:
- Basic Approach: Tripartism, which include the Genesis of labor code.
participation of the Government, Labor or - Enacted under the leadership of the late Sen.
Employees, and Management. Blas Ople, regarded as the Father of Labor.
- The Labor Code consists of 7 Books namely: - Study started in 1968; submitted to the Pres in
 Book I – Pre-Employment 1973.
- The agencies involved: DOLE, IBP, DTI, UP LW
 Book II – Human Resources
CENTER, NEDA PERSONNEL MANAGEMENT
Development Program
ASSOCIATION OF THE PHILIPPINE and various
 Book III – Conditions of Employment trade unions.
 Book IV – Health, Safety and Social - It was not approved immediately.
Welfare Basic approach of Labor: Tripartism.
 Book V – Labor Relations - What is tripartism? Participation and
 Book VI – Post Employment cooperation among gov’t , labor and
 Book VII – Transitory Final Provisions management.
- Some Related Laws before the passage of the Previous laws which were incorporated with the labor.
Labor Code: - Blue Sunday Law, etc.
Some provisions which are related to labor disputes :
 Employer’s Liability Act – Extends the
- Arts. 19-21, CC.
liability of Employers on Injuries Which has jurisdiction over claims of damages?
sustained by their Employees. Complainant is asking any relief. He is not
 Act 2549 – Prohibits payment of wages invoking the provisions of Labor Code. Will later
in un-cashed forms. Prohibits payment discussed it in the case of San Miguel v. Etcuban.
of wages to be done in Bars, Nightclubs Art. 1700 – Rationale for the enactment of labor
or places where stakes of Money are laws. Relations between labor and capital are
being played. Discussion by Atty. Cacho: not contractual.
“This is to prevent workers from Art. 1701 – Will it comprehend the acts of
splurging their hard earned money, employer oppressive against labor. What acts of
Filipinos tend to be one-day millionaires” oppression can union or employee employ
against employee? Instance: If the ER wants to
 Act 2071 – Prohibits slavery and
stop operating business but still the union wants
involuntary servitude.
ER to continue the operation of business. That’s
 R.A. No. 946 – “Blue Sunday Law”, already oppression. Nobody wants to continue
prohibits employees to work during with business operating at loss
Sunday, Christmas Day, New-Year’s Day, - RPC – What instances will RPC be applied?
Holy Thursday, and Good Friday. Accused to prevent parties right to self-
 R.A. No. 1052 – “Termination Pay Law” organization, by force, violence.
- Related laws enshrined within the Labor Code: Art. 289, RPC.
 Article 19 – Civil Code Provisons under RPC – strikes, concerted
 Article 20 – Civil Code activities. Can be charged Physical injuries: Less
serious physical, serious physical injuries.
 Article 21 – Civil Code
Offense pertaining to grave coercion, EX: when
 Article 289 – Revised Penal Code the nonparticipating employees were prevented
to enter working premises. If the delivery bus Illustration: Legitimate independent job
being prevented from entering. Grave threats contractor which is actually the employer of
also. employee.
If damages to properties were caused. Real prop - Applicability of art. 106, Labor Code: pertains to
– arson. Personal – malicious mischief solidary liability: such that job contractor which
Role ILO – set labor standards is actually the employer of the employee so the
- Philippines is a signatory of several conventions eer applies bet job contractor and employees.
Role of Foreign decisions The employees assigned to the principal are not
- Proper time that we can apply it if: When the the employees of the principal. If the principal
issue is novel (First time confronted with the already paid its obligation under service contract
issue, case of first impression) and If it has not however, job contractor has not been paying
been construed. salaries. By virtue of joint and solidary liabilities,
Can a foreign decision be implemented in Philippine employees can still run after the principal. Even
jurisdiction? if there’s no EER between outsourced worker
- An instance wherein an OFW was able to secure and principal. In order that the principal be held
a judgment abroad. solidarily liable. To run after job contractor
- It can be implemented. However, administrative
bodies such as POEA and Labor Arbitrer cannott Pre-employment
implement a foreign decision; They do not have Objectives and policies of labor
jurisdiction to enforce such judgment. 1. To promote and maintain a state of full employment
- Ex: divorce decree. It is not automatic. You have through improved manpower training, allocation and
to file a petition for recognition of that decree. utilization.
- In order for that to be implemented against a. Manpower Training.
placement agency who is solidarily liable, they How can the State promote this? What is
should file a petition for recognition of foreign improved? Skills
judgment. b. Manpower Allocation – You allocate.
Management Prerogatives Objective: to distribute to workplace which are
- Return of investments – primordial concern of less congested; to avoid concentration of one
employer. Right to reasonable profit. employment in one area (Manila). To spread it
- Right to prescribed rules and regulations. (Case: out to places less congested.
St. Michaels Institute) a. Occupational Mobility – development of
In order to be valid: If the penalty is works so that they can be employed in
commensurate- it must be fair and reasonable. different occupations
- Right to Select. Ex. Closed shop agreement – only b. Industrial mobility – to move from one
union members shall be employed. industry to another.
Applicability of labor code c. Geographical mobility – one place to
- Only on the private sectors. another
- GOCC without original charter – established c. Manpower utilization – where state adheres
under corporation code. In order to promote employment according to skill. Placing workers
proprietary function of government. FTI, PONC, into a right job. Full capability in order to prevent
NFA, NHA. under employment.
- Franchise. CIVIL SERVICE CODE. 2. To protect every citizen desiring to work locally or
Can provision of Labor Code apply even without EER? overseas by securing for him the best possible terms
- A situation wherein labor code provisions would and conditions of employment.
apply even if there’s no EER. Objectives: to see to it that standard provisions are
- Yes. Thru trilateral Relationship applied; In order to protect interests of OFWs.
- Ex: Contracting and sub-contracting; Job Employment should be approved by the POEA.
contracting arrangement. Are amendment, changes, alterations in the
- Trilateral relationship in job contracting employment contract possible while OFW is already
arrangement; performing his/her job?
Parties: principal, job contractor and workers. GR: It is possible.
Basis: Agency. NOTE: Once approved by the POEA, employment
contract can no longer be amended, changed, altered
without the corresponding approval of the POEA. utilizing, hiring or procuring workers, and includes
However, if the amendment, change, alteration of such referrals, contract services, promising or advertising
would improved employment contract then it is allowed. for employment, locally or abroad, whether for
3. To facilitate a free choice of available employment profit or not: Provided, That any person or entity
by persons seeking work in conformity with the which, in any manner, offers or promises for a fee,
national interest. employment to two or more persons shall be
How is it being implemented at present? There are deemed engaged in recruitment and placement.
manning agencies, recruitment agencies. They are *Take note the activities engaged in Recruitment and
being managed by POEA. Reason why subject to placement
control and supervision: it is because of the license. Proviso: It should not be considered as an element of
What agency is involved? BLE for the local recruitment and placement. The number of persons is
employment. POEA for the overseas employment. not an essential ingredient of the act of recruitment and
If they do not have the license or authority to recruit; placement of workers. Any of the acts mentioned in
guilty of illegal recruitment. Article 13(b) will constitute recruitment and placement
4. To facilitate and regulate the movement of workers even if only one prospective worker is involved (People
in conformity with the national interest v. Panis)
To make it convenient to the job applicants. c. "Private fee-charging employment agency" means
Once a license is issued, they can’t operate to place any person or entity engaged in recruitment and
where if it’s not their official address. placement of workers for a fee which is charged,
Ex: Job fairs. Ask permission in order to participate. directly or indirectly, from the workers or employers
In order for applicants will not go to Manila. or both.
DOLE through its regional office. When is the proper time that an applicant pays to
5. To regulate the employment of aliens, including the recruitment and placement agency a placement fee?
establishment of a registration and/or work permit No placement fee shall be paid unless actual
system. employment has been obtained by the placement
1) First they have to secure AEP (Alien Employment agency in behalf of the applicant, or when the
Permit) from DOLE. applicant has actually commenced employment.
2) They have to justify engagement to prove no How much is the placement fee? – equivalent to 1
available local manpower month salary except for domestic helpers and if for
6. To strengthen the network of public employment example host country is not charging any placement fee
offices and rationalize the participation of the or equivalent fee will not charge placement fee in their
private sector in the recruitment and placement of jurisdiction. What would be carged is the service fee.
workers, locally and overseas, to serve national d. "License" means a document issued by the
development objectives. Department of Labor authorizing a person or entity
This justifies the participation of private sector that to operate a private employment agency.
is why we have the private recruitment agency. Authority given to engage in recruitment and
7. To insure careful selection of Filipino workers for
placement.
overseas employment in order to protect the good
To be charged for Illegal recruitment, one of the
name of the Philippines abroad.
Reason why: example in order to preserve the good ways is the lack of license.
name of Phils in abroad. Applicant should verify with the POEA whether it is a
In order for one to perform as entertainer, what is licensed recruitment and placement agency.
that the OFW must first secure? What agency? e. "Private recruitment entity" means any person or
TESDA – usually issue certification that they are association engaged in the recruitment and
skilled worker. In order to ensure that what the placement of workers, locally or overseas, without
agency would be deploying are genuine entertainers. charging, directly or indirectly, any fee from the
Ex: skilled cultural dancer, entertainer. workers or employers.
Seamen: sea-based. Engage in maritime navigation.
Definition of Terms Likewise part of kitchen staff, entertainers.
a. "Worker" means any member of the labor force, Land-based worker: working offshore. Spend most of
whether employed or unemployed. their time on land.
b. "Recruitment and placement" refers to any act of
canvassing, enlisting, contracting, transporting, Authorized Entities
o The following entities are authorized to recruit and protection and promotion of the welfare of migrant
place workers for local or overseas employment: workers, their families, and of overseas Filipinos in
a. Public Employment Offices (PESO); distress.
b. Private Employment Agencies; o RA No. 10022 – further improves the standard of
c. Shipping or Manning Agents or Representatives; protection and promotion of welfare provided under
d. POEA; RA 8042.
e. Construction contractors if authorized to
operate by DOLE and the Construction Industry Most important policy
Authority; All of them are important but there is this one
f. Members of the Diplomatic Corporations here. In regard with the recognition that foreign
although Hirings Done by Them Have to be remittances of OFW are significant in our national
Processed Through the POEA; or economy.
g. Other Persons or Authorities as may be Our economy made up law before of foreign
Authorized by the DOLE Secretary. remittances.
Range: Portion that they have to remit: 50 to 80
Genesis of Various laws . RA 8042 % of the basic salary.
Legislative Background of Overseas Employment; Policy of the state: the state doesn’t promote
o Act No. 2486 – first law passed by the Philippine overseas employment.
Congress relating to overseas employment. It Objective: provide local employment.
provided for license insurance and license fee and Reason: Why the state still discourages overseas
welfare regulations e.g., prohibiting minors to work employment.
abroad without the parent’s written consent, Social cause: broken family. Imagine the distance
prohibiting recruitment of non-Christians for because of this the consequence is alienation. Alienation
exhibition or display and provision of transportation would cause separation. Ex: Annulment
for returning workers who are physically unfit or State must continue to create local employment
have finished serving the contract. opportunities.
o PD No. 442 (the Labor Code) – aimed at giving the
government complete control of the overseas What is the condition in order to allow deployment in a
employment program. host country?
No POEA yet during that time. In order for host country to be considered as
Agencies under Labor Code deal with overseas: such:
Overseas development Board and National Seaman 1. There must be existing labor and social laws in
Board. order to protect the rights of the employee
o PD No. 1412 – revived private sector participation in 2. That host country must be member or signatory
the overseas employment program. To cope with of ILO or signatory to International Conventions,
great demand for workers in the Middle East, the resolution, and declarations.
government had to revive private sector Continuing condition - Provided: The receiving
participation in the recruitment and placement of country is taking positive and concrete measures
Filipino workers. The recruitment role was thus to protect the rights of migrant workers.
limited to government-to-government 3. There must be a bilateral agreement is intended
arrangements. to protect our OFW. Ex: OFW found dead inside
o EO No. 797 – aimed at streamlining operations in the a freezer.
overseas employment program. OEDB, NSB and the Consequences if the POEA under deployment of workers
overseas employment program of the Bureau of in a host country which doesn’t met the required
Employment Services were united in a single conditions
structure – the POEA. Dismissal and disqualification for 5 years
o EO No. 247 (Reorganization Act of POEA) – to
strengthen worker’s protection and welfare and a Prior to the advent of RA 8042
tighter regulation of the private sector’s recruitment Before the passage of RA 8042, POEA had original and
activities. exclusive jurisdiction to hear and decide the following
o RA No. 8042 (Migrant Workers and Overseas cases:
Filipinos Act of 1995) – institutes policies on overseas 1. Administrative cases involving violations of
employment and establishes a higher standard of licensing rules and regulations and registration
of recruitment and employment agencies or another in carrying out any unlawful or illegal
entities; and transaction, enterprise or scheme defined under the first
2. Disciplinary action and other special cases which paragraph hereof. Illegal recruitment is deemed
are administrative in character, involving committed in large scale if committed against three (3)
employers, principal, contracting partners and or more persons individually or as a group.
Filipino migrant workers. Persons Liable
RA 8042 transferred to the NLRC the jurisdiction over Persons Liable: Principals, Accomplices, and
employer-employee relation cases. Accessories.
Labor Arbiters shall have the exclusive and original Juridical Persons: Officers having Control,
jurisdiction to hear and decide claims arising out of an Management, or Direction of their business.
employer-employee relationship or by virtue of any law Jurisdiction of POEA – an administrative. What it can give
or contract involving Filipino workers for overseas can’ take it back.
employment including claims for actual, moral, Grounds for Disciplinary actions
exemplary and other forms of damages. a. Commission of a felony punishable by Philippine
It expanded the scope of such money claim. When laws or by the laws of the host country;
the jurisdiction was still with the POEA, the jurisdiction b. Drug addiction or possession or trafficking of
covered only money claims involving Filipino workers for prohibited drugs;
overseas employment. Now, the NLRC jurisdiction is over c. Desertion or abandonment
money claims involving Filipino workers for overseas d. Drunkenness, especially where the laws of the
deployment. host country prohibit intoxicating drinks;
Allows for claims for money or damages sustained e. Gambling, especially where the laws of the host
during the period of deployment or before departure for country prohibit the same;
abroad. f. Initiating or joining a strike or work stoppage
Prescriptive period: 3 years. where the laws of the host country prohibit
RTC has the jurisdiction over employer-employee strikes or similar actions;
relationship. g. Creating trouble at the worksite or in the vessel;
What subject matters that remain under jurisdiction of h. Embezzlement of company funds or moneys and
POEA? properties of a fellow worker entrusted for
POEA retains the jurisdiction to decide all cases delivery to kins or relatives in the Philippines;
which are administrative in character and disciplinary i. Theft or robbery;
action cases. j. Prostitution;
After the passage of RA 8042, POEA retains original k. Vandalism or destroying company property;
and exclusive jurisdiction to hear and decide: l. Gunrunning or possession of deadly weapons;
a. All cases which are administrative in character, m. Unjust refusal to depart for the worksite after all
involving or arising out of violations of rules and employment and travel documents have been
regulations relating to licensing and registration duly approved by the appropriate agency/ies;
of recruitment and employment agencies or and
entities; and n. Violation/s of the laws and sacred practices of
b. Disciplinary action cases and other special cases the host country and unjustified breach of
which are administrative in character, involving government-approved employment contract by
employers, principals, contracting partners and a worker.
Filipino migrant workers. POEA right now has jurisdiction admin case concerning
recruitment and placement , and disciplinary cases over
What can the POEA do for violations of recruitment and OFWs
placement? Money Claims arising out overseas employment belong
It can revoke the license. to the jurisdiction of NLRC.
What are the consequences of Illegal recruitment?
Illegal recruitment – regular court has the jurisdiction. Art 18 Direct hiring is prohibited
Imprisonment from 1 – 20 years. Fine of 1m to syndicate It has to go thru with the authorized recruitment and
– life imprisonment placement agency.
Illegal recruitment is deemed committed by a Exceptions: Name hires
syndicate if carried out by a group of three (3) or more Employment made by diplomatic corps
persons conspiring and/or confederating with one
What law governs involving foreign employers in case Case of Serrano v. Gallant
between parties? Overseas employment contract Requirements in order that court will take cognizance of
- What principle do we apply in making a the case
determination of labor disputes 1. Actual case and controversy.
- Justification why do they apply provisions of 2. Personal and substantial interest of the party.
MWA. (Raised by a real party in interest)
- What Principle why foreign jurisdiction are not 3. Earliest possible opportunity
the one that usually take cognizance. Timely because it was raise before reaching the
- Principle of Lex Loci contractus: Contract was SC
executed here. Approved by POEzs. Regardless 4. Constitutional question is the Very lis mota of
of the claims and notwithstanding the fact that the case
labor dispute took place in abroad. What will Only the regular courts can solve the constitutionality of
govern are the provision of employment a law.
contract. Ra 8042, as amended by RA 10022 was
incorporated. How can one prove once entitlement to overtime
- Memorize Standard Employment Provisions in payment?
overseas employment contract Rule: SC- there must be actual proof that he
worked beyond the required time of work
Case of Sameer
*Narration of Facts* Case: Maritime
Issue: termination on the ground of inefficiency or Entitled to salary even when sick
incompetency. Rule: There must be a certification by a company
What are the requirements? Just causes; dishonesty, designated physician that sickness or injury must be
In order to terminate, what are the requirements on the work-related. As soon as he is embarked from his vessel
ground of incompetency? or ship He must subject himself to medical examination
o the employer has set standards of conduct and within period of three working days by the company
workmanship against which the employee will be designated physician. If it is because of his incapacity, all
judged; that is required: must notify his employer about it.
If there’s disagreement with the person examined and
o the standards of conduct and workmanship must
the one who examines or if finding of the company
have been communicated to the employee; and designated physician must be biased in favor of
o the communication was made at a reasonable time employer, the seamen can jointly agree to appoint
prior to the employee’s performance assessment. another physician which is impartial and its finding shall
be binding.
3 months salary Temporary disability – 120. It can be extended up to 240
days if the company designated physician finds that he is
SC declared the three-month option
still incapable of working.
unconstitutional for violating the equal protection clause
If its more than 120 it becomes total
and the substantive due process rule in the constitution.
In case more than 240. – there must be certification of
(Serrano v. Gallant) After this declaration of nullity, the
company designated physician. Disability would become
Congress restored the annulled clause thru RA 10022 in
total disability
2010 but the SC in Sameer v. Cabilles, held that the
Benefits that sea-farers are entitled to:
restoration of the annulled provision is invalid.
In case of death of the seafarer during the term
Declaration of nullity in Serrano v. Gallant is reiterated in
of his contract, the employer shall pay his beneficiaries
Sameer v. Cabilles. Hence, the three-month salary option
the Philippine Currency equivalent to the amount of
is no longer allowed.
Us$50,000 and an additional amount of US$7,000 to
each child under the age of 21 but not exceeding 4
Concept of unconstitutional: Does not produce any children, at the exchange rate prevailing during time of
effect. payment.
Congress cannot validate something what the SC has XPN: medical repatriation cases.
already declared invalid.
Timeliness of raising of issue of the constitutionality of Case : Maritime Factors v. Hindang
the law *Narration of facts
Issue: sought the help of NBI; autopsy In order to perfect an appeal, you have to post an appeal
Actually a fake decision. bond.
Version in the lawphil – the decision held in favor of Different sources of appeal
pertitioner but was reversed. The bond posted earlier.
It would appear that ita was perpetrated by somebody. Ruling: petitioner is still required to post an appeal bond
Check out the decision in SCRA version as the POEA Rules are clear. The reading shows that in
Ruling: He did not commit suicide. Hindang is entitled to addition to the cash and surety bonds and escrow
receiving death benefits pursuant to Part II, Section C, money, an appeal bond in an amount equivalent to the
Nos. 1 and 6 of POEA’s “Standard Employment Contract monetary award is required to perfect an appeal from a
Governing the Employment of All Filipino Seamen on decision of the POEA. The appeal bond is intended to
Board Ocean-Going Vessels.”
further insure the payment of the monetary award in
General rule: Once it is established that the seaman died
favor of the employee if it is eventually affirmed on
during the effectivity of his employment contract, the
employer is liable. appeal to the NLRC.
Exception: The employer may be exempt from liability if
he can successfully prove that the seaman's death was Any recruitment and placement act under Art. 13(b)
caused by an injury directly attributable to his deliberate done by anyone without appropriate license from BLE or
or willful act. POEA.
The case falls short of the exception because the Saudi Illegal recruitment is any recruitment activities including
report’s genuineness and due execution were the prohibited practices to be undertaken by non-
unverifiable. licensees or non-holders of authority.
- Medical report attached to pleadings was the Illegal Recruitment by non-licensee: any recruitment
English translation, but the original, Arabic one activity, done either for local or overseas employment,
was not even attached whether for profit or not, by an individual or entity
- No assurance that the translated words are without the require license from the BLR or the POEA
accurate constitutes illegal recruitment
- Wasn’t even signed by Dr. Hameed = doubt as to *Remember the activities
its authenticity. Distinguish Illegal recruitment from human trafficking.
Human Trafficking: Transporting within and
Invalid side agreement outside borders for purposes of exploitation
Agreement that diminishes the employee’s pay Who are liable for Illegal Recruitment?
and benefits as contained in a POEA-approved contract
is void, unless such subsequent agreement is approved Estafa
by the POEA. Conviction for illegal recruitment is not a bar for filing a
Violation of POEA’s minimum employment suit against such person for estafa under ROC as long as
standards the requisites for said felony are present.
Accused argument: These are 2 separate offenses.
Employment at will Almost the same. Fraud, damage
Is it applicable to local employment? No.
Case:
Recruitment agency Sebastian v. Calis
Agencies: DFA, OWWA, DOLE, POEA Respondent is not guilty of Illegal recruitment.
No promise of employment and services
Mandatory remittance 50-80 %

Bonds
*Finman v. Inocencio
Art. 32 and 34 violated by recruitment agency here.
Finman argued that POEA has no say on its liability under
its own bond but by the insurance company

*JMM Promotions.
Bond to be posted