Tarlac State University

COLLEGE OF LAW
Tarlac City

MOCKBAR EXAMINATION

IN

LABOR LAW

INSTRUCTIONS:

(a) Explain the Principle of Participation in Sec. 3, Art. XIII of the 1987
Constitution. (3%)

(b) What are the two (2) stages of participation? (2%)

(c) Are the labor principles in Sec. 3 Art. XIII of the 1987 Constitution,
including the Full Protection Clause, self-executing? (5%)

II

The City of Dreams, a casino owned by Lawrence Ho, paid millions to its
Filipino Pit Managers and Pit Supervisors for them to relinquish their positions.
Thereafter, it hired Chinese nationals to take their places. To upstage the
senatorial candidates of the administration, independent candidate Atty.
Nag-Adon questioned the engagement of said aliens; however, beyond his
expletives on TV, he could hardly cite a law to support his view on the matter.

(a) Which law, if any, was violated by the City of Dreams? (2%)

(b) What are the conditions under which aliens may be employed on
Philippine soil? (3%)

(c) Assuming the employment of said aliens is valid, are they required
to train Filipino understudies as a condition for continuing employment? (5%)

III

(a) Enumerate five (5) acts of recruitment under Art. 13(b) of the Labor
Code. (5%)

(b) For P150,000.00, Imelda promised Piolo a passport, a US visa, and

a plane ticket. For some reason, she failed to deliver on her undertakings.
Despite repeated verbal and written demands for reimbursement, she would
not return Piolo’s money. You are engaged to initiate criminal action against
Imelda. Would you prosecute her for both illegal recruitment and estafa?
Explain. (5%)

IV

Nilo is a P.E. instructor at the University of Life. Kitty, 17 years old, was in
his swimming class. On one session, after the other students had left the pool,
Nilo followed Kitty inside the shower area and asked her to show him her injured
leg. On that occasion, he told her to shave because her pubic hair was
protruding. Being submissive, she allowed him to do the shaving upon his
request. When the school learned of his act, it served him a notice to explain
why he should not be dismissed on the ground of sexual harassment. You are
the Head of the Committee on Decorum and Investigation (CODI).

(a) What question/s should you ask Kitty? Why? (2%)

(b) What question/s should you ask Nilo? Why? (2%)

(c) If neither Nilo nor Kitty would answer your questions, would you
convince your co-members to make a finding of sexual harassment based on
above circumstances? Explain. (6%)

Distinguish:

(a) Simple illegal recruitment from economic sabotage; (2%)

(b) Worker from employee; (2%)

(c) Organized establishment from unorganized establishment; (2%)

(d) Visitorial power from adjudicatory power; (2%)

(e) Domestic work from home work. (2%)

VI

At which point does a labor organization become a legitimate labor

organization?

(a) On the date the workers hold an organizational meeting;

(b) On the date of submission of its registration requirements;

 (c) On the date appearing on its Certificate of Registration;

(d) On the date of issuance of its Certificate of Registration.

Explain your choice (4 %) and explain also why you did not choose any
of the three (3) other items. (6 %)

VII

Joel, 60 years of age and whose job was to execute management

policies, applied for early retirement after 10 years of unbroken service.
Approving his application, management paid his retirement benefits in an
amount equivalent to his daily rate multiplied by 15 days, the product of which
it multiplied further by his length of service. Unhappy about said computation,
he demanded the use of 22.5 days per Art. 302 of the Labor Code, as
renumbered. In his demand letter, he reminded management that he was a
Law graduate.

(a) Is the deduction of 7.5 days from the 22.5 days lawful? Discuss. (5%)
(b) Would your answer be the same if Joel were an unlettered
janitor? (5%)

VIII

Miss Francisco, the Club Accountant of the Orchard Golf and Country
Club, sued the latter for constructive dismissal based on the following events
that transpired on different dates in 2018: she was instructed by her superior to
prepare a letter for SGV; she failed to, reason she was notified to explain; for
her insubordination, she was suspended for 15 days; after serving her
suspension, she was demoted to handle the Cost Accounting Section, albeit
she continued to be paid the same salary; then again, she was investigated
for alleged unauthorized absence. At that point, she filed her complaint for
constructive dismissal.

(a) As lawyer for the Club, what defense/s would you raise to frustrate
the complaint? (4%)

(b) As Labor Arbiter, how would you resolve the issue of whether or
not Francisco was constructively dismissed? Discuss (6%)

IX

On 8 August 2015, Claude was terminated on the ground of poor

performance, i.e., after 6 months of service following a successful 3-month pre-
regularization engagement. On 9 August 2018, after failed SEnA proceedings,
he filed a complaint for illegal dismissal. Ruling that Claude was a regular
employee who could not be validly dismissed on an unlisted ground, the Labor
Arbiter declared his dismissal as illegal and ordered his immediate
reinstatement. As to his backwages, however, the Labor Arbiter computed his
monetary award from date of filing of his complaint to actual reinstatement.
He reasoned that although Claude had 4 years to file his complaint, he offered
no justification for filing it only after 3 years.

(a) Explain SEnA proceedings. (2%)

(b) How full are “full backwages”? (3%)

(c) Is the Labor Arbiter’s computation proper? (5%)

During his minority, Kidlat was adopted by Buwan. Three months later,
the latter died. Thirty years later, after resigning from NLRC, he joined the
Mercury Drug Store which reported him for SSS coverage in three days. Three
years later, he died single and without issue of depression owing to the
malicious uploading of his private video which became a big issue on social
media. Following his death, his natural mother Bituin filed her application for
death benefits; however, it was denied by the SSS owing to the prior adoption
of Kidlat by Buwan. It ruled that Bituin was not Kidlat’s beneficiary.

(a) What are the characteristics of Philippine social security law? (4%)

(b) Which characteristic would you apply in determining whether or

not the denial of the claim is proper? Discuss briefly. (6%)