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Labor Law 2017 Updates & Remedies

Manila Marriott Hotel, Pasay City, Philippines


9:00am to 5:00pm, Thursday, January 12, 2017
Course Outline
I. SUPREME COURT DECISIONS ON LABOR CASES
Illegal dismissal in relation to strike
a. Club Filipino, Inc. vs. De Leon, G.R. No. 168406, January 14, 2015
Some issues covered/resolved - Bond requirement; McBurnie ruling; Provisional Bond; Judicial
courtesy precept;
Compromise agreement; Appeal is not a natural right
b. Sara Lee Philippines, Inc. vs. Macatlang, G.R. No. 180147, January 14, 2015,
c. Manila Mining Corporation vs. Amor, G.R. No. 182800, April 20, 2015
d. Beduya vs. Ace Promotion and Marketing Corporation, G.R. No. 195513, June 22, 2015
Suability of foreign corporation with NLRC; Forum Non Conveniens; CEDAW; Termination due
to pregnancy
e. Saudi Arabian Airlines vs. Rebesencio, G.R. No. 198587, January 14, 2015
Some Issues covered/resolved - Dismissal after filing of illegal dismissal case; abandonment;
loss of confidence;
dishonesty; closure and cessation of business; proof of losses in dismissal due to closure of
business
f. Manarpiis vs. Texan Philippines, Inc., G.R. No. 197011, January 28, 2015
g. G.J.T. Rebuilders Machine Shop vs. Ambos, G.R. No. 174184, January 28, 2015
Dismissal due to pregnancy out of wedlock; immorality; secular vs. religious morality
h. Leus vs. St. Scholastica's College, G.R. No. 187226, January 28, 2015
Project employment in BPO company
i. Gadia vs. Sykes Asia, Inc., G.R. No. 209499, January 28, 2015
Application of Labor Arbiter's jurisdiction to employer's claim; Clearance as basis to withhold
wages; Meaning of
Accountability; Labor Arbiter's preliminary determination of property rights
in relation to labor dispute
j. Milan vs. NLRC, G.R. No. 202961, February 4, 2015
Posting of appeal bond to perfect an appeal
k. Balite vs. SS Ventures International, Inc., G.R. No. 195109, February 4, 2015
Requirement of bond for employer's appeal on Decision denying motion to quash writ of
execution; failure to file
position paper
Toyota Alabang, Inc. vs. Games, G.R. No. 206612, August 17, 2015

Absence of claims for retirement pay is not included in the award of "other benefits"
l. Villena vs. Batangas II Electric Cooperative, Inc., G.R. No. 205735
Some Issues covered/resolved - Criteria for fixed-term employment; stare decisis et non quieta
movere; Retrenchment;
Submission of FS that is still subject to adjustment
m. Basan vs. Coca-Cola Bottlers Philippines, G.R. Nos. 174365-66, February 4, 2015
n. Cabaobas vs. Pepsi-Cola Products Philippines, Inc., G.R. No. 176908, March 25, 2015
Self-serving email cannot prove validity of dismissal
o. MAERSK-Filipinas Crewing, Inc. vs. Avestruz, G.R. No. 207010, February 18, 2015
Regular seasonal employees; One year service rule applies only to casual employment;
involuntary retirement is
treated as discharge; interpretation of "fraction of at least 6 months"
p. Paz vs. Northern Tobacco Redrying Co., Inc., G.R. No. 199554, February 18, 2015
Some Issues covered/resolved - Off-detail; constructive dismissal vs. abandonment;
Abandonment of work
q. Tatel vs. JLFP Investigation Security Agency, Inc., G.R. No. 206942, February 25, 2015
r. Litex Glass and Aluminum Supply vs. Sanchez, G.R. No. 198465, April 22, 2015
Recomputation of award does not constitute alteration of Decision; Legal interest per BSP
Circular 799;
s. Metroguards Security Agency Corporation vs. Hilongo, G.R. No. 215630, March 9, 2015
Some Issues covered/resolved - Willful disobedience; non-filing of criminal charges by employer;
Illegal dismissal;
Theft; Criminal conviction not necessary to justify termination; Finding of the
prosecutor not binding on labor
tribunal
t. St. Luke's Medical Center, Inc. vs. Sanches, G.R. No. 212054, March 11, 2015
u. Copy Central Digital Copy Solution vs. Domrique, G.R. No. 193219, July 27, 2015
Certiorari and execution of NLRC award
v. Seacrest Maritime Management, Inc. vs. Picar, G.R. No. 209383, March 11, 2015
Willful disobedience; Penalty in the handbook; broadly spaced out tardiness negates absence
of care
w. The Coffee Bean and Tea Leaf Philippines, Inc. vs. Arenas, G.R. No. 208908, March 11, 2015
Prescription of period to file illegal dismissal case; Effect on prescription of withdrawal of
previous case
x. Montero vs. Times Transportation Co., Inc., G.R. No. 190828, March 16, 2015
Control in job contracting relationship; Issuance of merchandising guidelines by principal;
fixed-term employment
y. Fonterra Brands Phils., Inc., vs. Largado, G.R. No. 205300, March 18, 2015

Some Issues covered/resolved - Theft as analogous cause; Resolving doubts in labor cases;
Factual basis for
suspension; Doubtful charge of theft; In case of doubts scales of justice must
be tilted in favor of labor
z. Hocheng Philippines Corporation vs. Farrales, G.R No. 211497, March 18, 2015
aa. Malabunga, Jr. vs. Cathay Pacific Steel Corporation, G.R. No. 198515, June 15, 2015
bb. Centro Project Manpower Services Corporation vs. Naluis, G.R. No. 160123, June 17, 2015
(repatriation; resolution in
case of doubts in labor)
Some Issues covered/resolved - Defective proof of identity with Notary Public; Non-extendible
period to file Certiorari
lascivious conduct as ground for dismissal for being an improper
behavior or misconduct; Serious misconduct
cc. Waterfront Cebu City Casino Hotel, Inc. vs. Ledesma, G.R. No. 197556, March 25, 2015
dd. Benitez vs. Santa Fe Moving and Relocation Services, G.R. No. 208163, April 20, 2015
SSC's intrinsic power to determine validity of marriage to ensure benefits fall into rightful
beneficiaries; Rule on
amendment of Form E-4 as to second marriage
ee. Social Security Commission vs. Azote, G.R. No. 209741, April 15, 2015
Entitlement to accrued salaries, etc. until NLRC's reversal of Labor Arbiter's Decision
ff. Smart Communications, Inc. vs. Solidum, G.R. No. 204646, April 15, 2015
Four kinds of employees; Fixed term; Regular employment; Existence of employer-employee
relationship; Control
gg. Begino vs. ABS-CBN Corporation, G.R. No. 199166, April 20, 2015
Some Issues covered/resolved - Labor-only contracting (LOC); Presumption as LOC;
Permissible contracting; name of
principal appearing in the payslips
hh. Petron Corporation vs. Caberte, G.R. No. 182255, June 15, 2015
ii. Cusap vs. Adidas Philippines, Inc., G.R. No. 201494, July 29, 2015
Fighting is a valid ground for dismissal; assaulting a co-worker is a serious misconduct; effect
of tenure
jj. Naguit vs. San Miguel Corporation, G.R. No. 188839, June 22, 2015
Illegal dismissal; release, waiver and quitclaim; unexpired portion does not apply where there
is no illegal dismissal
of OFW; coercion; undue influence
kk. GBMLT Manpower Services, Inc. vs. Malinao, G.R. No. 189262, July 6, 2015
Waiver of rights; "General waiver; Elements of forum shopping
ll. Dela Rosa Liner, Inc. vs. Borela, G.R. No. 207286, July 29, 2015
Project employment; report of termination as indicator of project employment; repeated and
successive rehiring of
project employees does not qualify them as regular employees; length
of service through rehiring
mm. Dacles vs. Millenium Erectors Corporation, G.R. No. 209822, July 8, 2015

Non-extendible nature of petition for certiorari; prerogative to instill discipline; libelous


publication against company
and its officer; length of service
- Visayan Electric Company Employees Union-ALU-TUCP vs. Visayan Electric Company, Inc.
(VECO), G.R. No. 205575,
July 22, 2015
Instance when Supreme Court reviews factual issues; serious misconduct; rule prohibiting
use of company vehicle
for private purpose
- Raza vs. Daikoku Electronics Phils., Inc. G.R. No. 188464, July 29, 2015
Effect of offer to resign vs. administrative investigation; resignation
- Central Azucarera De Bais, Inc. vs. Siason, G.R. No. 215555, July 29, 2015
Some Issues covered/resolved - Permanent Disability Claims for seafarers; Conditions for action
to prosper; 120-day rule; 240-day rule; Finality of NLRC Decision; Death Benefits; Death by
suicide not compensable; Effect of fit-to-work certification; When entitlement to death benefit
accrues; Claims not found in complaint; change of theory on appeal; Kestrel rule; Deemed
permanently and totally disabled; third-doctor-referral provision; non-conclusiveness of PEME;
third opinion; disability grading; Absolute Helplessness; Litmus test of PTD vs. PPD; Duty of
company-designated doctor; Deemed TPD
Examples shall be provided with citations for 22 cases
II. CHANGES IN THE LABOR CODE
a. Statement of facts
i. Repeal of Article 130 on Nightwork Prohibitions
ii. Repeal of Article 131
iii. Insertion: Chapter V - Employment of Night Workers
1. Coverage
2. Health Assessment
3. Mandatory Facilities
4. Transfer
5. Women Night Workers
6. Compensation
7. Social Services
8. Nightwork Schedules
iv. Changes effected by RA 10396 on Article 228
v. Changes effected by RA 10395 on Article 275
III. DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) ISSUANCES
a. Payment of wages for the Special Non-Working Days in NCR (Labor Advisory 17-14)
b. Labor Advisory No. 07, Series of 2015, Payment of Wages for the Special (Non-Working) Days on
November 18
and 19, 2015 in the National Capital Region)
c. Labor Advisory No. 08, Series of 2015, Payment of Wages for the Special (Non-Working) Holiday
on February 25, 2017 in
Celebration of the 30th Anniversary of the EDSA People Power Revolution
d. Labor Advisory 10, Series of 2015
e. Department Advisory No. 01, Series of 2015, Renumbering of the Labor Code of the Philippines, as
Amended
f. Payment of wages and other benefits for the Regular Holidays in NCR (Labor Advisory 18 Series of

2015,
Labor Advisory No. 06, series of 2015)
g. Department Order No. 100A, Series of 2015 Amending Dept. Order No. 100 Series of 2010 on
"Implementing Rules and
Regulations of the Social Amelioration and Welfare Program in the Biofuel Industry, Utilizing
Sugarcane as Feedstock"
h. Department Order No. 142 Strengthening the Operations of the National Reintegration Center for
Overseas Filipino Workers
(NRCO)
i. Department Order No. 143-15 Guidelines Governing Exemption of Establishments from Setting up
Workplace
Lactation Station
j. Department Order 144-15, Guidelines on the Implementation of the Social Amelioration and Welfare
Program for Workers in
the Biofuel Industry Utilizing Molasses as Feedstock
k. Labor Advisory No. 05, Series of 2015, Payment of Wages for Private Sector Employees due to
Inclement Weather or
Natural Calamities
IV. CHANGES IN THE 2011 NLRC RULES OF PROCEDURE
V. NEW WAGE ORDERS
VI. REMEDIES