Professional Documents
Culture Documents
COLLEGE OF LAW
Course Description:
This course is an introduction to Philippine Labor Laws. It covers Preliminary Title, Pre-
Employment (Book I) and the Migrant Workers and Overseas Filipinos Act (R.A. 8042), as
amended; Book II on Human Resources Development and the TESDA Law (R.A. 7796), and the
Magna Carta for Disabled Persons (R.A. 7277); Book III on Conditions on Employment and
related special laws; Book IV on Health, Safety, and Social Welfare Benefits, including the laws
on the Social Security System, the Government Service Insurance System, and the National
Health Insurance Act, as amended.
Apart from the cases assigned, students are expected to read annotations on the assigned topics
prior to each class. Additional readings may be given during the course of the semester.
During class, books and cases are not allowed on the students’ desks. At their option, students
may bring out handwritten notes (printed ones are not allowed) and codals during class. I do
not call out students using printed notes and digests. Instead, I give deductions to recitation
grades. Needless to state, looking at codals and notes during recitation is not allowed. Glancing
at codals and/or notes also merits deductions in recitations grades. Gadgets, such as phones,
laptops, tablets, and the like are also not allowed in class. Make sure to turn them off or place
them on silent mode before entering the classroom. Each time a gadget sounds off in class, a
quiz will be administered.
COURSE OUTLINE
INTRODUCTION
Laborem Exercens (On Human Work), Pope John Paul II, 14 September 1981
Link: http://w2.vatican.va/content/john-paul-ii/en/encyclicals/documents/hf_jp-
ii_enc_14091981_laborem-exercens.html
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EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code: Articles 97 (a), (b), (c), (e); 173 (f), (g); 219 (e) & (f)
Cases:
Television and Production Exponents v. Servaña, January 28, 2008
ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
Fulache v. ABS-CBN, January 21, 2010
Dumpit-Murillo v. Court of Appeals, June 8, 2007
Fuji Television v. Espiritu, December 3, 2014
(These five cases should be read in relation to Sonza v. ABS-CBN Broadcasting Corporation,
June 10, 2004)
Bernante v. PBA, September 14, 2011
Abella v. PLDT, June 8, 2005
Consulta v. CA, March 18, 2005
Villamaria v. CA, April 19, 2006
Republic of the Philippines v. ASIAPRO, November 23, 2007
Phil. Global Communications v. De Vera, June 7, 2005
Coca Cola Bottlers v. Climaco, February 5, 2007
Chavez v. NLRC, January 17, 2005
Angelina Francisco v. NLRC, August 31, 2006
Tongko v. Manufacturers Life, June 29, 2010 & January 25, 2011
Matling Industrial v. Coros, October 13, 2010
Cosare v. Broadcom Asia, February 5, 2014
Atlanta Industries v. Sebolino, January 26, 2011
Intel Technology v. NLRC & Cabiles, February 5, 2014
Royale Homes v. Alcantara, July 28, 2014
Olimpia Housing Inc. v. Lapastora, January 13, 2016
Valencia v. Classique Vinyl Products Corporation, January 20, 2017
Cases:
Philippine Airlines v. Ligan, February 29, 2008
San Miguel Corporation v. Aballa, June 28, 2005
Meralco Industrial Engineering Services v. NLRC, March 14, 2008
Manila Electric Company v. Benamira, July 14, 2005
Dole Phils. v. Esteva, November 30, 2006
Aliviado v. Procter and Gamble, March 9, 2010
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Temic Automotive v. Temic Automotive Phils. Employees Union, December 23, 2009
Smart Communications v. Astorga, January 28, 2008
Coca-Cola Bottlers v. Agito, February 13, 2009
Manila Water v. Dalumpines, October 4, 2010
Babas v. Lorenzo Shipping, December 15, 2010
Teng v. Pahagac, November 17, 2010
Diamond Farms v. Farms Agrarian Reform Beneficiaries Multi-purpose Cooperative,
January 13, 2016
Manila Memorial Park Cemetery v. Luiz, February 3, 2016
Nestle Philippines, Inc. v. Puedan, Jr., January 20, 2017
C. Classes of Employees
Cases:
Magis Young Achievers’ Learning Center v. Manalo, February 13, 2009
Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007
The Peninsula Manila v. Alipio, June 17, 2008
Rowell Industrial Corporation v. CA, March 7, 2007
ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
Kimberly Clark Phils. v. Secretary, November 23, 2007
Benares v. Pancho, April 29, 2005
Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005
Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005
St. Mary’s University v. CA, March 8, 2005
Poseidon Fishing v. NLRC, February 20, 2006
PLDT v. Arceo, May 5, 2006
Fulache v. ABS CBN, January 21, 2010
Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC, March 30, 2011
Asos v. PNCC, July 3, 2013
Malicdem v. Marulas Industrial Corp., February 26, 2014
Exodus International Construction v. Biscocho, February 23, 2011
DM Consunji v. Gobres, August 8, 2010
Mercado v. AMA Computer College, April 13, 2010
Colegio del Santisimo Rosario v. Rojo, September 4, 2013
Gapayao v. Fulo, June 13, 2013
Universal Robina Sugar Milling Corp. v. Acibo, January 15, 2014
Abbott Laboratories v. Alcaraz, July 23, 2013,April 22, 2014
Fuji Television v. Espiritu, December 3, 2014
Samonte v. La Salle Greenhills, Inc., February 10, 2016
Jamias v. NLRC, March 9, 2016
De La Salle University Araneta v. Bernardo, February 13, 2017
Herma Shipyard, Inc. v. Esguerra, April 17, 2017
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WAGES
Cases:
Tan v. Lagrama, August 15, 2002
Philippine Spring Water Resources v. Mahilum, June 11, 2014
Mabeza v. NLRC, April 18, 1997
B. Wage-Fixing
Cases:
David v. Macasio, July 2, 2014
Nasipit Lumber Co. v. NWPC, April 27, 1998
ECOP v. NWPC, RTWPB-NCR and TUCP, September 24, 1991
Metropolitan Bank and Trust Company v. NWPC, February 6, 2007
NWPC and RTWP v. APL, March 12, 2014
Wage Distortion
Metropolitan Bank & Trust Company Employees Union-ALU-TUCP v. NLRC,
September 10, 1993
Prubankers Association v. Prudential Bank, January 25, 1999
Bankard Employees Union-Workers Alliance Trade Unions v. NLRC, February 17, 2004
C. Payment of Wages
Labor Code: Articles 102-105, 112-119 (check Art. 259 – Agency Fees, in relation to Art. 112)
Omnibus Rules: Book III, Rule VIII
Cases:
SHS Perforated Materials v. Diaz, October 13, 2010 (compare with Milan v. NLRC,
February 4, 2015)
Commando Security v. NLRC, July 20, 1992
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Mabeza v. NLRC, April 18, 1997
D. Thirteenth-Month Pay
Cases:
National Federation of Sugar Workers v. Ovejera, May 31, 1982
Dole Philippines v. Leogardo, October 23, 1982
Universal Corn Products v. NLRC, August 21, 1987
San Miguel Corporation v. Inciong, February 24, 1981
Philippine Duplicators v. NLRC, February 15, 1995
Boie-Takeda Chemicals v. Dela Serna, December 10, 1993
Philippine Agricultural Commercial and Industrial Workers Union v. NLRC, August 14,
1995
Cebu People’s Multi-purpose Cooperative v. Carbonilla, Jr., January 27, 2016
E. Service Charge
F. Non-Diminution
Cases:
Sevilla Trading Co. v. Semana, April 28, 2004
Arco Metal Products v. Samahan ng mga Manggagawa sa Arco-Metal-NAFLU, May 14,
2008
Globe Mackay Cable v. NLRC, June 29, 1988
Insular Hotel Employees Union v. Waterfront Insular Hotel Davao, September 22, 2010
Asis v. Minister of Labor, March 15, 1989
American Wire and Cable Daily Rated Employees Union v. American Wire and Cable,
April 29, 2005
Royal Plant Workers Union v. Coca Cola Bottlers, April 15, 2013
G. Worker Preference
Cases:
Development Bank of the Philippines v. Labor Arbiter, March 8, 1989
Development Bank of the Philippines v. Secretary, November 28, 1989
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Development Bank of the Philippines v. NLRC, March 19, 1990 (including dissenting
opinion)
H. Attorney’s Fees
WORKING CONDITIONS
A. Management Prerogative
Cases:
San Miguel Brewery Sales v. Ople, February 8, 1989
PT & T v. NLRC, May 23, 1997
Goya v. Goya Employees Union, January 21, 2013
Tabuk Multipurpose Cooperative, Inc. v. Duclan, March 14, 2016
Quintanar, et. al. v. Coca Cola Bottlers Philippines, June 28, 2016
B. Coverage
Cases:
National Sugar Refineries Corp. v. NLRC, March 24, 1993
Penaranda v. Banganga Plywood Corp, May 3, 2006
San Miguel Brewery, Inc. v. Democratic Labor Organization, July 31, 1963
Auto Bus Transport Systems v. Bautista, May 16, 2005
Mercidar Fishing Corp. v. NLRC, October 8, 1998
Labor Congress of the Philippines v. NLRC, May 21, 1998
David v. Macasio, July 2, 2014
Apex Mining Company, Inc. v. NLRC, April 22, 1991
C. Hours of Work
Cases:
Art. 83
Manila Terminal Co. v. CIR, July 16, 1952
San Juan De Dios Hospital Employees Association v. NLRC, November 28, 1997
Art. 84
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Rada v. NLRC, January 9, 1992
University of Pangasinan Faculty Union v. University of Pangasinan, February 20, 1984
National Shipyards and Steel Corporation v. CIR, December 30, 1961
Art. 85
National Development Co. v. CIR, November 30, 1962
Sime Darby Pilipinas v. NLRC, April 15, 1998
Art. 87
Bisig ng Manggagawa ng PRC v. PRC, September 30, 1981
PAL Employees Savings and Loan Association, Inc. (PESALA) v. NLRC, August 22, 1996
Art. 88
Lagatic v. NLRC, January 28, 1998
Art. 89
Interphil Laboratories Employees Union v. Interphil Laboratories, December 19, 2001
Art. 86
Mercury Drug Co. v. Dayao, September 30, 1982
Evidence
Prangan v. NLRC, April 15, 1998
National Semiconductors Distribution Ltd. V. NLRC, June 26, 1998
Cases:
Jose Rizal College v. NLRC, December 1, 1987
San Miguel Corp. v. CA, January 30, 2002
Insular Bank of Asia and America Employees Union (IBAAEU) v. Inciong, October 23,
1985
Wellington Investment and Manufacturing Corporation v. Trajano, July 3, 1995
Caltex Regular Employees at Manila Office v. Caltex (Phils.), Inc., August 15, 1995
Divisor
Chartered Bank Employees’ Association v. Ople, August 28, 1985
Odango v. NLRC, June 10, 2004
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Omnibus Rules: Book III, Rule V
Cases:
Cebu Institute of Technology v. Ople, December 18, 1987
Auto Bus Transport Systems v. Bautista, May 16, 2005
Cases:
Tan v. Lagrama, August 15, 2002
Serrano v. Severino Santos Transit, August 9, 2010
Labor Congress of the Philippines v. NLRC, May 21, 1998
David v. Macasio, July 2, 2014
G. Miscellaneous
Department Order No. 118-12, Rules and Regulations Regarding the Employment and Working
Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry
Labor Advisory No. 4, series of 2016, Working Conditions in the Movie and Television Industry
A. Women
R.A. 9710, Magna Carta of Women, Section 1-3, 4 (b) & k, 22, 35, 41
R.A. 7877, Anti-sexual Harassment Act of 1995
Cases:
Philippine Telegraph & Telephone Co. v. NLRC, May 23, 1997
Libres v. NLRC, May 28, 1999
Domingo v. Rayala, February 18, 2008
Duncan Association of Detailman v. Glaxo Wellcome, September 17, 2004
Star Paper Corp. v. Simbol, April 12, 2006
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VAWC Victim’s Leave
R.A. 9262, Anti-Violence Against Women and their Children Act, Section 3 (a), 5, 43
Rules and Regulations Implementing Republic Act No. 9262, Section 42
R.A. 8972, Solo Parents’ Welfare Act of 2000, Section 3 (a), 6-8
Implementing Rules and Regulations of R.A. No.8972, Section 16-21
Special Leave
B. Night Workers
C. Minors
D. Househelpers
Cases:
Apex Mining Company, Inc. v. NLRC, April 22, 1991
Remington Industrial v. Castaneda, November 20, 2006
E. Homeworkers
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F. Handicapped/Disabled
R.A. 7277, Magna Carta for the Disabled, Sections 4 (a-d, i), 5-11, 32-33
Labor Code: Articles 78-81
Omnibus Rules: Book II, Rule VIII
Case:
Bernardo v. NLRC, July 12, 1999
Labor Code: Articles 43-56 (insofar as they have not been modified)
R.A. 7796, The TESDA Act
Cases:
C. Employment of Aliens
Cases:
General Milling Corp. v. Torres, April 22, 1991
International School Alliance of Educators (ISAE) v. Quisumbing, June 1, 2000
McBurnie v. Ganzon, EGI-Managers, Inc., October 17, 2013
PRE-EMPLOYMENT
R.A. 8042, Migrant Workers and Overseas Filipino Act, as amended by R.A. 10022
Implementing Rules, Migrant Workers and Overseas Filipino Act
Department Order 141-15
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Labor Code: Articles 12 - 13
R.A. 8042 (Migrant Workers and Overseas Filipino Act): Secs. 2 - 5
Omnibus Rules Implementing R.A. 8042, secs. 1 - 2
1991 POEA Rules: Book I, Rules I – II
Cases:
JMM Promotion and Management, Inc. v. CA, November 22, 1993
Philippine Ass. of Service Exporters, Inc. v. Drilon, June 30, 1988
Philippine National Bank v. Cabansag, June 21, 2005
Cases:
People vs. Diaz, July 26, 1996
Aquino vs. Court of Appeals, November 21, 1991
People v. Señoron, January 30, 1997
People v. Panis, July 11, 1990
People v. Goce, August 39, 1995
Darvin v. CA, July 13, 1998
People v. Yabut, October 5, 1999
People v. Saulo, November 15, 2000
Athenna International Manpower v. Villanos, April 15, 2005
Rodolfo v. People of the Phil., August 10, 2006
People v. Delos Reyes, June 7, 2017
Cases:
Eastern Assurance Corp. vs. Secretary of Labor, January 17, 1990
Capricorn Travel and Tours vs. CA, April 3, 1990
Stronghold Insurance Co. vs. CA, January 30, 1992
Catan v. NLRC, April 15, 1988
Royal Crown v. NLRC, October 16, 1989
Trans Action Overseas Corp. v. Secretary of Labor, September 5, 1997
Salazar v. Achacoso, March 14, 1990
Republic v. Human Link Manpower, April 22, 2015
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3. Contracts
Cases:
Virjen Shipping v. NLRC, November 18, 1983, July 20, 1982
Suzara v. Benipayo, August 15, 1989
Seagull Maritime v. Balatongan, February 28, 1989
Chavez v. Bonto-Perez, March 1, 1995
Interorient Maritime Enterprises, Inc. v. NLRC, September 16, 1996
Placewell International Services v. Camote, June 26, 2006
Sunace International Management Services v. NLRC, January 25, 2006
Santiago v. C.F. Sharp, July 10, 2007
Dagasdas v. Grand Placement and General Services Corporation, January 18, 2017
4. Government Machinery
Labor Code: Articles 14 - 21, 24 (note that Arts. 15, 17, 19 have been repealed)
E.O. 247 (1987) (POEA Organization)
R.A. 8042, Sections 13 - 30, 32- 34
P.D. 1694 (OWWA)
B.P. 79 (Commission on Filipinos Overseas)
a. Repatriation:
R.A. 8042, Sections 14 – 18, 36
Omnibus Rules Implementing R.A. 8042, Sections 52 - 61
Case:
Equi-Asia Placement, Inc. v. Department of Foreign Affairs, September 19, 2006
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f. Disciplinary Actions: 1991 POEA Rules, Book VII, Rule 7
6. Dispute Settlement
Cases:
Acuña v. CA, May 5, 2006
Serrano vs. Gallant Maritime, March 24, 2009
Sameer Overseas v. Cabiles, August 5, 2014
Yap v. Thenamaris Ship’s Management, May 30, 2011
Skippers United v. Doza, February 8, 2012
Stolt-Nielsen v. Medequillo, January 18, 2011
Estate of Nelso Dulay v. Aboitiz Jebsen Maritime, June 13, 2012
Hon. Sto. Tomas v. Salac, November 13, 2012
Status Maritime Corporation v. Doctolero, January 18, 2017
Maersk Filipinas Crewing, Inc. v. Ramos, January 18, 2017
Sunit v. OSM Maritime Services, Inc., February 27, 2017
TSM Shipping Phils., Inc. v. Daivipskibsselsakabet Norden A/S, March 201, 2017
Seapower Shipping Ent., Inc. v. Heirs of Warren M. Sabanal, June 19, 2017
Cases:
People’s Broadcasting v. Secretary, May 8, 2009 and March 6, 2012
Arriola v. Pilipino Star Ngayon, August 13, 2014
Auto Bus Transport Systems v. Bautista, May 16, 2005
Cases:
Sarmiento v. ECC, May 11, 1988
Belarmino v. ECC, May 11, 1990
Hinoguin v. ECC, April 17, 1989
GSIS v. CA and Alegre, April 20, 1999
Valeriano v. ECC, June 8, 2000
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Alano v. ECC, March 16, 1988
Lazo v. ECC, June 18, 1990
NFD International Manning Agents v. Illescas, September 29, 2010
Menez v. ECC, April 25, 1980
Clemente v. GSIS, July 31, 1987
Narazo v. ECC, February 6, 1990
Orate v. CA, March 26, 2003
Art. 179
Ortega v. Social Security Commission, June 25, 2008
Ysmael Maritime v. Avelino, June 30, 1987
P.D. 1921 (DOJ Opinion, May 23, 1989, and January 12, 1990)
R.A. 7875, as amended by R.A. 9241 and 10606 (National Health Insurance Act)
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