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LABOR LAW I & AGRARIAN LAW AND SOCIAL LEGISLATION | ATTY.

USITA

MIDTERMS
Questionnaire/Tips

I. Tips

1. May bonus questions na ibibigay. By bonus meaning may papasok sa room niyo a few minutes before the exam
and will give you 5 questions from the exam para mahanap niyo yung sagot. Trick is to form a group then tig-
isang question kayo para mabilis niyong mahanap yung answers at maaral agad. Questions are mixed–may
hypo, enumeration, definition, and true or false–basta depende talaga sa mood ni sir.

2. Some questions or topics covered during our time:


a. Give 5 constitutional provisions related to labor
b. Visitorial and enforcement power of DOLE Regional Director in Art. 129 (Bombo Radyo case ang sagot dito)
c. What is apprenticeship? What is learnership? Requirements.
d. What is a migrant worker?
e. Illegal recruitment

3. Sa hypo, madalas ang sagot is yung case. May mga favorite siyang cases such as Serrano, Jay Sonza, and Bombo
Radyo.

II. AY not specified

1. State at least 5 constitutional provisions related to labor and briefly explain it.

2. Explain fully the following concepts:


a. The social justice clause
b. The so-called protection of labor clause
c. The construction in favor of labor clause
d. A fair day’s wage for a fair day’s labor
e. Non-diminution of benefits
f. Undertime shall not be offset by overtime

3. Determine whether or not the following situations are considered as hours worked. Why?
a. Time spent by a driver waiting for his boss while attending a conference
b. Time spent for a group conversation during the first 30 minutes of a brownout
c. Sleeping time by utility men while waiting for the arrival of delivery of trucks with cargoes to be unloaded
d. Time spent by union in bargaining table with management
e. Attendance in lectures, conferences, meetings, and training programs
f. Preliminary and Postliminary activities
g. Shorter meal periods
h. Time spent by a clerk-secretary in serving merienda to his boss’s visitors

4. Give at least 4 benefits under Book III of the Labor Code, as amended, and the rationale for their grant to the
employees covered

5. Define the following:


a. Wage and Salary
b. Facilities and Supplements
c. Overtime and Premium pay
d. Thirteenth month pay and bonus
6. ABC, Inc. filed a petition for bankruptcy before the RTC of Manila, which listed the following creditors, notably:
1) the Development Bank of the Philippines, 2) various suppliers, 3) BIR, and 4) LMN Union, in behalf of 80
employees for unpaid wages, 13th month pay, ECOLA, leaves, and bonuses. Relative to the employees’ claims,
what is the standing of the DBP, BIR, and other creditors? Explain.

II. AY 2014-2015 (January 7, 2015)

1. Give at least three (3) provisions of the 1987 Constitution governing labor and capital. (5 pts.)

2. Why is it important to determine the existence of employer-employee relationship? (5 pts.)

3. Are taxi drivers on the “boundary system” considered employees of taxi operators? Explain. (5 pts.)

4. Las month, B, an employee of the National Housing Authority (NHA), filed a complaint for illegal dismissal
against NHA before the Civil Service Commission (CSC). His complaint was dismissed by the CSC in the ground
of lack of jurisdiction. Is the ruling correct? (5 pts.)

5. Based on jurisprudence, enumerate the classifications of land that are excluded from the coverage of the
Comprehensive Agrarian Reform Law (CARL). (5 pts.)

6. C was employed by D and their parents as their laborers on a 225,000 square meter farmland. They executed a
written contract which stipulated that as hired laborer, C would receive a daily wage of P200. Three years later,
C was informed of the termination of his services and was asked to vacate the property. C refused and
continued working on the land.
a. What is the nature of the contract between C and D? (2 pts.)
b. What action, if any, may D file against C and where should it be filed? (3 pts.)
c. Distinguish between leasehold tenancy and sharehold tenancy. (10 pts.)

7. Discuss the procedure in the acquisition of private agricultural lands under the CARL. (10 pts.)
Ans.: Retention by landowner: cannot exceed 5 hectares; for landowners children: 3 hectares each; recipient
cannot transfer or convey said land for 10 years; LBP compensates landowner.

8. “The Regional Trial Courts have been divested of their jurisdiction over agrarian reform matters.” Agree or
disagree? Explain your answer. (5 pts.)
Ans.: Yes. The DAR is now vested with primary jurisdiction to determine and adjudicate agrarian reform
matters. It now has exclusive and original jurisdiction except when it is vested in: DA, just
compensation claims, DENR, criminal offenses.

9. “Under the CARL, landowners may only be paid in cash and LBP bonds.” Agree or disagree? Explain your
answer. (5 pts.)

10. “Under the CARL, if a person is landless, he is automatically qualified as an agrarian reform beneficiary.” Agree
or disagree? Explain your answer. (5 pts.)
Ans.: No. He must be a full-fledged member of a duly-recognized farmers’ cooperative first. In case of land
transfers, only hereditary succession is allowed. (Labor Code, Art. 10)

11. Who is considered an “Overseas Filipino Worker”? (5 pts.)


Ans.: A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of
which he or she is not a citizen or on board a vessel navigating the foreign seas other than a
government ship used for military or non-commercial purposes or on an installation located offshore
or on the high seas (RA 10022, Sec. 2).

12. When may the State allow the deployment of migrant workers? (5 pts.)
Ans.: The State may deploy an OFW only in countries where his rights are protected. The State recognizes the
following as sufficient protection: existing labor and social laws protecting workers and OFWs,
signatory to multilateral conventions, declarations, and resolutions protecting workers and OFWs,
bilateral agreements or arrangement of each government protecting workers and OFWs (RA 100022,
Sec. 4).

13. Discuss the nature of the liability of the principal/employer and the recruitment/placement agency for the
money claims of an OFW. (10 pts.)
Ans.: Their liability for any and all claims shall be joint and several. This provision is incorporated in the
contract for overseas employment and a condition precedent for its approval. The performance bond
they have submitted shall be answerable for all money claims or damages awarded to the workers (RA
10022, Sec. 10).

14. When is repatriation of OFWs mandatory? (5 pts.)


Ans.: When the OFW falls below the minimum age requirement for overseas deployment (underage worker),
he shall be immediately repatriated by the DFA. Effects: License of the recruitment agency will be
revoked; underage worker shall be refunded his processing fees and be indemnified for damages (RA
100022, Sec. 16)

15. Enumerate the salient features of RA 10022 geared towards the protection of OFWs. (10 pts.)
Ans.: Protection against illegal recruitment, establishment of National Rehabilitation Center for OFWs, etc.

II. AY 2015-2016 (March 5, 2016)

1. X works as a driver at Hospicio de San Beda, a charitable institution dependent for its existence on
contributions and donations. X renders work twelve (12) hours a day but has not been given overtime pay
since his place of work is a non-stock, non-profit charitable institution. Is X entitled to overtime pay? Explain.
(8 pts.)

2. The meal time (lunch break) for the dining crew in Masarap Restaurant is either from 10 a.m. to 11 a.m. or from
1:30 p.m. to 2:30 p.m., with pay. The management wants to change the meal time to 12:30 p.m. to 1:30 p.m.
without pay. According to the management, the change will be legal because absent an agreement to the
contrary, the management has the prerogative to determine work hours and, by law, meal break is without pay.
Rule on the legality of this contention. (8 pts.)

3. Y, a computer analyst and programmer of X Solutions, Inc. works nine (9) hours a day from Monday to Friday at
the main office of the company. On Saturdays, he is not required to report to the main office. However, the
company requires him to keep his cellular phone open so that the management could contact him in case of
heavy work load or emergency problems needing his expertise. May said hours on Saturdays be considered
compensable working hours “while on call”?Explain. (8 pts.)

4. Give at least three (3) provisions of the 1987 Constitution governing labor and capital. (6 pts.)

5. Why is it important to determine the existence of employer-employee relationship? (5 pts.)

6. Are taxi drivers on the “boundary system” considered employees of taxi operators? Explain. (5 pts.)

7. Who is considered an “Overseas Filipino Worker”? (5 pts.)

8. When may the State allow the deployment of migrant workers? (5 pts.)

9. When is repatriation of OFWs mandatory? (5 pts.)

10. X was recruited by Sure Recruit Dev’t Co. to work as a domestic helper in Singapore for 24 months. Her
contract was duly approved by the POEA. After working for three (3) months, however, X escaped from her
employer and sought refuge at the Philippine embassy which eventually repatriated her to the Philippines.
a. Is X still entitled to payment of wages and other benefits stipulated in the contract? If so, how much?
Explain. (5 pts.)
b. Under the law, who is/are liable for the claims of X? Explain. (5 pts.)

11. Travelfast Corp. is a travel agency based in Ermita, Manila. On its website, it advertises as follows: WANTED.
DOMESTIC HELPERS FOR HONGKONG AGES 15 TO 25. HURRY! APPLY WITH US NOW FOR A MINIMAL FEE.
YOUR EMPLOYMENT IS GUARANTEED. Has the corporation committed any violation of our labor laws?
Explain. (10 pts.)

12. Masipag Corp. is a Cebu-based company wholly-owned by the Dela Cruz family. May it employ X, a Canadian
citizen? Explain. (8 pts.)

13. After working for three (3) months as an apprentice, Y is dismissed by the employer without any valid cause. Is
the dismissal legal? Explain. (7 pts.)

14. Under the law, what are the incentives given to an employer who undertakes an apprenticeship program? (5
pts.)

15. Distinguish between learners and apprentices. (5 pts.)

FINALS
Questionnaire/Tips

I. Tips

1. Nung time namin, wala nang giveaway questions for finals. Also, hindi rin sinama sa amin ang Agrarian law/s
sa finals. As always, basic rule is yung favorite cases and doctrines ni Sir madalas niyang tanong. So kapag may
natanong na topic from his favorite list (e.g. visitorial power) nung midterms, most likely itatanong yun sa
finals. With regard sa special laws, ang technique lang is to always know kung sino ang covered ng laws na yun
(kung naka-enumerate yung persons covered, memorize at least 5).

2. Key topics:
a. Contracting, independent contracting, subcontracting, labor-only contracting: Definitions, difference, and
effects as to who is liable for the payment of salary
b. Wage distortion: Definition, when does it happen, how is it solved
c. Non-diminution of benefits: Best bet ninyo kapag tinanong kayo kung valid ba yung promotion, transfer, or
increase/decrease in salary, pwede kayong humugot sa basic rule na ito
d. All of Book 3, Title III: Ang hilig niyang kumuha ng tanong from any topics under this title
e. All of Book 4, Title IV: Mostly hypothetical questions dito tapos yung scenario is based dun sa mga pinabasa
niyang cases; ang question lang naman dito madalas is does the injury fall under the coverage of
Workmen’s/Employees’ Compensation

3. Lastly, always remember na wala na yung 5,000 limit provided under Art. 129.

II. AY 2012-2013 (March 11, 2013)

1. X Company, which employs more than 100 workers in its <illegible> assembly plant in Laguna, has 70 foremen
and 15 supervisors given the power to recommend the hiring, firing, or suspension of <illegible> employees.
The ultimate power to hire, fire, or suspend, however, <illegible> the plant personnel manager. Are the foremen
and supervisors considered managerial employees? (10 pts.)

2. X, a nurse employed by the Ospital ng Maynila, works for eight (8) hours a day, six (6) days a week. Is she
entitled to overtime pay? (5 pts.)
3. Distinguish overtime pay from premium pay. (5 pts.)

4.
a. During his employment as Chief Security Officer at Manila Diamond Hotel, Z was provided with meals,
water, electricity, and lodging. Are these items deemed facilities? (5 pts.)
b. Distinguish between supplements and facilities. (5 pts.)

5. What is “compressed workweek”? (5 pts.)

6.
a. Discuss the duty of the employer in connection with the meal periods of his employees? (5 pts.)
b. May the employee shorten the meal period to less than one (1) hour? Explain. (5 pts.)

7. N, a building contractor, entered into a contract with XYZ Insurance Company, for the construction of the
latter’s new five-storey office building. In connection with the aforesaid contract, N hired carpenters, masons,
and laborers.
a. What are the factors in determining whether XYZ Insurance Company may be considered an “indirect
employer” of the workers of N? (8 pts.)
b. May XYZ Insurance Company be held liable for unpaid wages and other monetary claims of N’s workers?
Explain. (7 pts.)

8.
a. What are the legal grounds when the State Insurance Fund may validly deny a claim for compensation
made by a covered employee or his dependents? (5 pts.)
b. Explain the “no double recovery rule” under the State Insurance Fund. (5 pts.)

9.
a. What is the “going and coming rule”? Give the exceptions to the rule. (5 pts.)
b. PO3 Tom Cruz, a member of the Quezon City Police District was shot to death by a Barangay Chairman in
front of the Manila City Hall. The fatal shooting stemmed from a stabbing incident a day earlier between the
sons of PO3 Tom Cruz and the Barangay Chairman. Although he was supposed to be on duty at Camp
Karingal in Quezon City, PO3 Tom Cruz was accompanying his son to the Office of Mayor Alfredo Lim for
interview and proper disposition. Is the death of PO3 Tom Cruz work-connected and therefore
compensable? Why? (5 pts.)

10. What is “compassionate visit”? (5 pts.)

11. Enumerate the benefits that may be enjoyed by a domestic worker under the new Kasambahay Law. (8 pts.)

12. When is contracting or subcontracting legitimate under DOLE Administrative Order 18-A, Series of 2011? (7
pts.)

III. AY 2015-2016 (May 4, 2016)

1. B, a building contractor, entered into a contract with CDE Insurance Company, for the construction of the
latter’s new five-storey building. In connection with the aforesaid contract, B hired carpenters, masons, and
laborers.
a. What are the factors in determining whether CDE Insurance Company may be considered an “indirect
employer” of the workers of B? (7 pts.)
b. May CDE Insurance Company be held liable for unpaid wages and other monetary claims of B’s workers?
Explain. (7 pts.)

2. F, single and living-in with G (legally separated from his wife), is pregnant with her fifth child. She applied for
maternity leave but her employer refused the application because she is not married. Decide. (7 pts.)
3. Define, then explain briefly the legal significance of the following: (25 pts.)
a. Wage distortion
b. Labor-only contracting
c. 24-hour duty doctrine
d. Solo parent
e. Principle of aggravation

4. The projected bonus for the employees of H Company was 30% of their monthly compensation. Unfortunately,
due to the slump in the business, the president unilaterally reduced the bonus to 5% of their compensation.
a. As counsel for the company, explain the legal justification(s) for the president’s action. (7 pts.)
b. As counsel for the employees, explain the legal ground(s) for your opposition to the president’s action. (7
pts.)

5. J, a project worker, was being assigned by his employer, K Builders Corporation, to Aparri, Cagayan. J refused to
comply with the transfer claiming that in effect, he was being constructively dismissed because it would take
him away from his family and his usual work assignments in Metro Manila. The Labor Arbiter found that there
was no constructive dismissal but ordered the payment of separation pay due to strained relations between the
parties, plus attorney’s fees equivalent to twenty percent (20%) of the value of J’s separation pay. Is the award
of attorney’s fees valid? Explain your answer. (7 pts.)

6. State whether you agree or disagree with the following statements. Explain your reason for each answer. (4
pts. each)
a. The Labor Code provisions on retirement pay had expanded the term “one half (½) month salary” because
it means 15 days’ pay plus a full 13th month pay.
b. The DOLE Regional Director does not have jurisdiction over money claims arising from employer-employee
relationship if such claims exceed P5,000.00.

7. Distinguish between: (15 pts.)


a. Paternity and Maternity Leave Benefits
b. Facilities and Supplements
c. Workmen’s Compensation Act and Employees Compensation Law

8. Enumerate the benefits that may be enjoyed by a domestic worker under the new Kasambahay Law. (5 pts.)

9. What are the legal grounds when the State Insurance Fund may validly deny a claim for compensation made by
a covered employee or his dependents? (5 pts.)

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