QUESTION NO.
1 of pregnancy, she was informed that she would have to deliver the baby
Employee; Field Personnel vs. Contractual Employee; Benefits (2010)
A, a driver for a bus company, sued his employer for non-payment of
commutable service incentive leave credits upon his resignation after five
years of employment. The bus company argued that A was not entitled to
service incentive leave since he was considered a field personnel and was
paid on commission basis and that, in any event, his claim had prescribed. If
you were the Labor Arbiter, how would you rule? Explain. (6%)
SUGGESTED ANSWER:
I will grant the prayer of A.
Payment on commission basis alone does not prove that A is a field personnel.
There must be proof that A is left to perform his work unsupervised by his
employer. Otherwise, he is not a field personnel, thus entitled to commutable
service incentive leave (SIL) credits (Auto Bus v. Bautista, 458 SCRA 578
[2005]).
His action has not yet prescribed, in Auto Bus v. Bautista (supra), the Supreme
Court recognized that SIL is such a unique labor standard benefit, because it
is commutable. An employee may claim his accrued SIL upon his resignation,
retirement, or termination. Therefore, when A resigned after five years, his right
of action to claim ALL of his SIL benefits accrued at the time when the
employer refused to pay his rightful SIL benefits (Art. 291, Labor Code).
QUESTION NO. 2
AB, single and living-in with CD (a married man), is pregnant with her fifth child.
She applied for maternity leave but her employer refused the application
because she is not married. Who is right? Decide. (5%) (2007)
SUGGESTED ANSWER:
AB is right. The Social Security Law, which administers the Maternity Benefit
Program does not require that the relationship between the father and the
mother of the child be legitimate. The law is compensating the female worker
because of her maternal function and resultant loss of compensation. The law
is morality free.
QUESTION NO. 3
A, single, has been an active member of the Social Security System for the
past 20 months. She became pregnant out of wedlock and on her 7th month
through caesarean section because of some complications. Can A claim
maternity benefits? If yes, how many days can she go on maternity leave? If
not, why is she not entitled? (3%) (2010)
SUGGESTED ANSWER:
Yes, the SSS Law does not discriminate based on the civil status of a female
member-employee. As long as said female employee has paid at least three
(3) monthly contributions in the twelvemonth period immediately preceding the
semester of her childbirth, she can avail of the maternity benefits under the
law.
Since A gave birth through C-section, she is entitled to one hundred percent
(100%) of her average salary credit for seventy-eight (78) days, provided she
notifies her employer of her pregnancy and the probable date of her childbirth,
among others (See Section 14-A, Rep. Act No. 8282).
The same maternity benefits are ensured by Sec. 22 (b)(2) of the magna Carta
of Women (Rep. Act No. 9710).
QUESTION NO. 4
Maternity Benefits (2000) Ms. Sara Mira is an unwed mother with three
children from three different fathers. In 1999, she became a member of the
Social Security System. In August 2000, she suffered a miscarriage, also out
of wedlock, and again by a different father. Can Ms. Mira claim maternity
benefits under the Social Security Act of 1997? Reason. (5%)
SUGGESTED ANSWER:
Yes, she can claim maternity benefit. Entitlement thereto is not dependent on
the claimant's being legally married. (Sec. 14-A, Social Security Act of 1997).
QUESTION NO. 5
Jennifer, a receptionist at Company X, is covered by the SSS. She was
pregnant with her fourth child when she slipped in the bathroom of her home
and had a miscarriage. Meanwhile, Company X neglected to remit the
required contributions to the SSS. Jennifer claims maternity leave benefits
and sickness benefits. Which of these two may she claim? (2012 Bar
Question)
a. None of them; b. Either one of them; c. Only maternity leave benefits; d.
Only sickness benefits.
SUGGESTED ANSWER:
b) Only maternity leave benefits [Sec. 14-A (c), RA 1161 (SSS Law) as
amended by RA 8282]
QUESTION NO. 6
SSS; Magna Carta of Women (2013)
Because of the stress in caring for her four (4) growing children, Tammy
suffered a miscarriage late in her pregnancy and had to undergo an operation.
In the course of the operation, her obstetrician further discovered a suspicious-
looking mass that required the subsequent removal of her uterus
(hysterectomy). After surgery, her physician advised Tammy to be on full bed
rest for six (6) weeks. Meanwhile, the biopsy of the sample tissue taken from
the mass in Tammy's uterus showed a beginning malignancy that required an
immediate series of chemotherapy once a week for four (4) weeks.
What benefits can Tammy claim under existing social legislation? (4%)
SUGGESTED ANSWER:
Assuming she is employed, Tammy is entitled to a special leave benefit of two
moths with full pay (Gynecological Leave) pursuant to R.A. No. 9710 or the
Magna Carta of Women. She can also claim Sickness Leave benefit in
accordance with the SSS Law.
QUESTION NO. 7
Luisa is an unwed mother with 3 children from different fathers. In 2004, she
became a member of the Social Security System (SSS). That same year, she
suffered a miscarriage of a baby out of wedlock from the father of her third
child. She wants to claim maternity benefits under the SSS Act. Is she entitled
to claim? (2015 Bar Question)
SUGGESTED ANSWER:
Yes. Provided Luisa has reported to her employer her pregnancy and date of
expected delivery and paid at least three monthly contributions during the 12-
month period immediately preceding her miscarriage then she is entitled to
maternity benefits up to four deliveries. As to the fact that she got pregnant
outside wedlock, as in her past three pregnancies, this will not bar her claim
because the SSS is non-discriminatory.
QUESTION NO. 8
Paternity Leave (2002)
How many times may a male employee go on Paternity Leave? Can he avail
himself of this benefit for example, 50 days after the first delivery by his wife?
(3%)
SUGGESTED ANSWER:
A male employee may go on Paternity Leave up to four (4) children. (Sec. 2,
RA 8187) On the question of whether or not he can avail himself of this benefit
50 days after the delivery of his wife, the answer is: Yes, he can because the
Rules Implementing Paternity Leave Act says that the availment should not be
later than 60 days after the date of delivery.
QUESTION NO. 9
Paternity Leave; Maternity Leave (2005)
Mans Weto had been an employee of Nopolt Assurance Company for the last
ten (10) years. His wife of six (6) years died last year. They had four (4)
children. He then fell in love with Jovy, his coemployee, and they got married.
In October this year, Weto's new wife is expected to give birth to her first child.
He has accordingly filed his application for paternity leave, conformably with
the provisions of the Paternity Leave Law which took effect in 1996. The HRD
manager of the assurance firm denied his application, on the ground that Weto
had already used up his entitlement under the law. Weto argued that he has a
new wife who will be giving birth for the first time, therefore, his entitlement to
paternity leave benefits would begin to run anew. (6%)
(A) Whose contention is correct, Weto or the HRD manager?
SUGGESTED ANSWER:
The contention of Weto is correct. The law provides that every married male is
entitled to a paternity leave of seven (7) days for the first four (4) deliveries of
the legitimate spouse with whom he is cohabiting. Jovy is Weto's legitimate
spouse with whom he is cohabiting. The fact that Jovy is his second wife and
that Weto had 4 children with his first wife is beside the point. The important
fact is that this is the first child of Jovy with Weto. The law did not distinguish
and we should therefore not distinguish.
The paternity leave was intended to enable the husband to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newly
born child. (Sec. 3, RA. No. 8187) To deny Weto this benefit would be to defeat
the rationale for the law. Moreover, the case of Weto is a gray area and the
doubt should be resolved in his favor.
―art. 138. Classification of certain women workers. – any woman who is
permitted or suffered to work, with or without compensation, in any night club,
cocktail lounge, massage clinic, bar or similar establishment, under the
effective control or supervision of the employer for a substantial period of time
as determined by the Secretary of Labor, shall be considered as an employee
of such establishment for purposes of labor and social legislation.‖
Since complainants are under the effective control and supervision of
respondent, they are therefore considered as employees and entitled to full
backwages based on the minimum wage for the appropriate period plus 85%
of the collected service charges

(B) Is Jovy entitled to maternity leave benefits?

SUGGESTED ANSWER:

Yes, Jovy's maternity benefit is personal to her and she is entitled under the
law to avail herself of the same for the first four times of her deliver. (R.A. No.
8282)

QUESTION NO. 10

E-E Relationship; Effective Control or Supervision; Waitresses (2008)

Complaints had worked five (5) years as waitresses in a cocktail lounge owned
by the respondent. They did not receive any salary directly from the
respondent but shared in all service charges collected for food and drinks to
the extent of 75%. With respondent's prior permission, they could sit with and
entertain guest inside the establishment and appropriate for themselves the
tips given by guests. After five (5) years, the complaints individual shares in
the collected service charges dipped to below minimum wage level as a
consequence of the lounge's marked business decline. Thereupon, complaints
asked respondent to increase their share in the collected service charges to
85% or the minimum wage level, whichever is higher.

Respondent terminated the services of the complainants who countered by

filing a consolidated complaint for unlawful dismissal, with prayer for 85% of
the collected services or the minimum wage for the appropriate periods,
whichever is higher. Decide. (6%)
SUGGESTED ANSWER:

Art. 138 of the Labor Code provides as follows: