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Labor Law I Syllabus
Labor Law I Syllabus
M J Manuel
PART I
INTRODUCTION
1987 Constitution
Article II, Sec. 9, 10, 11, 13, 14, 18, 20
Section 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard
of living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.
Section 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.
Section 18. The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.
Section 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.
Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Section 18. (2). No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
Section 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic,
and political inequalities, and remove cultural inequities by equitably diffusing wealth
and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.
Section 2. The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.
Section 3. The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance
with law. They shall be entitled to security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
Section 13. The State shall establish a special agency for disabled person for their
rehabilitation, self-development, and self-reliance, and their integration into the
mainstream of society.
Section 14. The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential
in the service of the nation.
Labor Code
Article 3, 4, 172, 218, 290 (as amended by R.A. 10395)
ART. 3. Declaration of basic policy. - The State shall afford protection to labor, promote
full employment, ensure equal work opportunities regardless of sex, race or creed and
regulate the relations between workers and employers. The State shall assure the rights of
workers to self-organization, collective bargaining, security of tenure, and just and
humane conditions of work.
Art. 172. Policy. – The State shall promote and develop a tax-exempt employees’
compensation program whereby employees and their dependents, in the event of work-
connected disability or death, may promptly secure adequate income benefit and medical
related benefits.
(a) To promote and emphasize the primacy of free collective bargaining and negotiations,
including voluntary arbitration, mediation and conciliation, as modes of setting labor or
industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of democracy
and the promotion of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor movement;
(d) To promote the enlightenment of workers concerning their rights and obligations as
union members and as employees;
(f) To ensure a stable but dynamic and just industrial peace; and
(b) The Secretary of Labor and Employment or his duly authorized representatives may
from time to time call a national, regional, or industrial tripartite conference of
representatives of government, workers and employers for the consideration and adoption
of voluntary codes of principles designed to promote industrial peace based on social
justice or to align labor movement relations with established priorities in economic and
social development. In calling such conference, the Secretary of Labor and Employment
may consult with accredited representatives of workers and employers. (As amended by
RA 6715)
Civil Code
Article 19, 1700, 1702
Art. 19. Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.
Art. 1700. The relations between capital and labor are not merely contractual. They are so
impressed with public interest that labor contracts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor unions, collective
bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor
and similar subjects.
Art. 1702. In case of doubt, all labor legislation and all labor contracts shall be construed
in favor of the safety and decent living for the laborer.
PART II
EMPLOYER-EMPLOYEE RELATIONSHIP
A. Elements of Relationship
Labor Code: Article 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, Sept. 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
Begino v. ABS-CBN, April 20, 2015
(NOTE: Relate these six cases to Sonza v. ABS-CBN [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
Bazar v. Ruizol, October 19, 2016
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
Temic Automotive v. Temic Automotive 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
CEPALCO v. CEPALCO Employees Labor Union, June 20, 2016
De Castro v. CA, October 5, 2016
Diamond Farms v. SPFL-Workers Solidarity, January 13, 2016
Quintanar v. Coca-Cola Bottlers, June 28, 2016
PART III
WAGES
B. Wage-Fixing
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-WATU 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
SHS Perforated Materials v. Diaz, October 13, 2010 (compare with Milan v.
NLRC, February 4, 2015)
Commando Security v. NLRC, July 20, 1992
Mabeza v. NLRC, April 18, 1997
Milan v. NLRC, February 4, 2015
D. Thirteenth-Month Pay
E. Service Charge
F. Non-Diminution
G. Worker Preference
H. Attorney’s Fees
A. Coverage
B. 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
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
Ramirez v. Polyson Industries, October 19, 2016
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.), August 15, 1995
A. Soriano Aviation v. Employees Association of A. Soriano, August 14, 2009
Divisor
Chartered Bank Employees’ Association v. Ople, August 28, 1985
Odango v. NLRC, June 10, 2004
F. 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
Department Order No. 178-17, Safety and Health Measures for Workers Who by the
Nature of Their Work Have to Stand at Work
PART V
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES
A. Women
R.A. No. 9710, Magna Carta of Women, Section 1-3, 4 (b) & k, 22, 35, 41
Anti-sexual Harassment Act of 1995, R.A. 7877
R.A. 11210, 105-Day Expanded Maternity Leave Law, and its Implementing
Rules (Note: compare with R.A. No. 1161, Social Security Act, as
amended, Section 14-A)
R.A. No. 8187, Paternity Leave Act
Implementing Rules and Regulations of R.A. 8187
CSC Memorandum Circular No. 01-2016
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. No. 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
E. Homeworkers
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
Labor Code: Articles 43-56 (insofar as they have not been modified)
The TESDA Act: R.A. 7796
Cases:
C. Employment of Aliens
Cases:
R.A. 8042, Migrant Workers and Overseas Filipino Act, as amended by R.A. 10022
Implementing Rules, Migrant Workers and Overseas Filipino Act
D.O. 141-15
Cases:
Cases:
Cases:
3. Contracts
Cases:
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: secs. 13 - 30, 32- 34
P.D. 1694 (OWWA)
B.P. 79 (Commission on Filipinos Overseas)
6. Dispute Settlement
Cases:
Cases:
Guico v. Secretary, November 16, 1998
EJR Crafts v. CA, March 10, 2006
People’s Broadcasting v. Secretary, May 8, 2009 and March 6, 2012
South Cotabato Communications Corp. v. Sto. Tomas, June 15, 2016
Arriola v. Pilipino Star Ngayon, August 13, 2014
Auto Bus Transport Systems v. Bautista, May 16, 2005
Southeastern Shipping v. Navarra, June 22, 2010
Cases:
Art. 179
Cases:
R.A. 7875, as amended by R.A. 9241 and 10606 (National Health Insurance Act)