LABOR LAW I

INTRODUCTION

1987 Constitution
Article II, Sec. 9, 10, 11, 13, 14, 18, 20
Article III, Sec. 1, 4, 8, 10, 16, 18 (2)
Article XIII, Sec. 1, 2, 3, 13, 14

Labor Code, Article 3, 4, 172, 218, 290 (as amended by R.A. 10395)

Civil Code, Article 19, 1700, 1702

PART I
EMPLOYER-EMPLOYEE RELATIONSHIP

A. Elements of Relationship
Labor Code: Article 97 (a), (b), (c), (e); 173 (f), (g); 219 (e) & (f)

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
Semblante and Pilar v. CA, August 15, 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
Orozco v. CA, Philippine Daily Inquirer, August 13, 2008
Tongko v. Manufacturers Life, June 29, 2010 & January 25, 2011
Matling Industrial v. Coros, October 13, 2010
Real v. Sangu Phils., January 19, 2011
Cosare v. Broadcom Asia, February 5, 2014
Loreche-Amit v. Cagayan De Oro Medical Center, June 3, 2019
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
Atienza v. Saluta, June 17, 2019

1
B. Independent Contractors and Labor-Only Contractors
Labor Code: Art. 106-109
Department Order No. 174, series of 2017
(NOTE: Compare with Department Order No. 18-A, series of 2011)
Department Circular No. 1-2017
Executive Order No. 51, series of 2018

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 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
Daguinod v. Southgate Foods, February 20, 2019

C. Classes of Employees

Arts. 293, 295-296; Rules, Book VI, Secs. 5-6

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 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

2
 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
PNOC-EDC vs. Buenviaje, June 29, 2016
Fuji Television v. Espiritu, December 3, 2014
Basan v. Coca-Cola, February 4, 2015
Gadia v. Sykes Asia, January 28, 2015
Samonte v. La Salle Greenhills, Inc., February 10, 2016
A. Nate Casket Maker v. Arango, October 5, 2016

PART II
WAGES

1987 Constitution, Article XIII, Section 3

Labor Code, Article 218, 290 (as amended by R.A. 10395)

A. Concept and Definition

Labor Code: Article 97-98

Omnibus Rules: Book III, Rule VII, Sections 2-9

Tan v. Lagrama, August 15, 2002

Philippine Spring Water Resources v. Mahilum, June 11, 2014
Mabeza v. NLRC, April 18, 1997
Our Haus Realty Development Corporation v. Parian, August 6, 2014

B. Wage-Fixing

Labor Code: Articles 99, 101, 120-127

R.A. 6727, R.A. 8188, R.A. 9178
NWPC Guidelines No. 2, s. 2012, Guidelines on Two-Tiered Wage System
Wage Order No. NCR-20-21

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-WATU v. NLRC, February 17, 2004

3
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
Coca-Cola Bottlers Philippines v. CCBPI Sta. Rosa Plant Employees’ Union,
March 25, 2019

D. Thirteenth-Month Pay

Presidential Decree 851 (1975); Memorandum Order No. 28 (1986)

Revised Guidelines on the Implementation of the 13th Month Pay Law

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

E. Service Charge

Labor Code: Article 96, as amended by RA 11360 (2019)

Omnibus Rules: Book III, Rule VI

F. Non-Diminution

Labor Code: Articles 100

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
Coca Cola Bottlers v. ICCPELU, December 5, 2018
Kondo v. Toyota Boshoku, September 11, 2019

4
G. Worker Preference

Labor Code: Article 110

Development Bank of the Philippines v. Labor Arbiter, March 8, 1989

Development Bank of the Philippines v. Secretary, November 28, 1989
Development Bank of the Philippines v. NLRC, March 19, 1990 (including
dissenting opinion)

H. ENFORCEMENT MECHANISM (FOR WAGES AND OTHER BENEFITS)

Labor Code: Arts. 128-129, 224, 234, 306-307

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

DO 183-17: Revised Rules on the Administration And Enforcement of Labor Laws

Pursuant To Article 128 of the Labor Code, as Renumbered

I. Miscellaneous

R.A. 8188 – Double Indemnity

Attorney’s Fees - Labor Code: Article 111

PART III
WORKING CONDITIONS

Introduction: Management Prerogative

San Miguel Brewery Sales v. Ople, February 8, 1989

PT & T v. NLRC, May 23, 1997
Goya v. Goya Employees Union, January 21, 2013

A. Coverage

Labor Code: Article 82

Omnibus Rules: Book III, Rule I, Sections 1-2

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

5
 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

B. Hours of Work

Labor Code: Articles 83-90

Omnibus Rules: Book III, Rule I, Sections 3-11, Rule I-A, Rule II

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

6
C. Rest Periods and Holidays

Labor Code: Articles 91-94

Executive Order 203 & 292 (1987), as amended by RA 9492
Omnibus Rules: Book III, Rules III-IV
R.A. 9849, December 11, 2009; RA 10966, Dec. 28, 2017
Proclamation No. 845, 2019

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 & Manufacturing Corp. v. Trajano, July 3, 1995
Caltex Regular Employees at Manila Office v. Caltex, 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

D. Service Incentive Leave

Labor Code: Articles 95

Omnibus Rules: Book III, Rule V

Cebu Institute of Technology v. Ople, December 18, 1987

Auto Bus Transport Systems v. Bautista, May 16, 2005

E. Employees Paid by Results

Labor Code: Article 101

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
Lim & Sons v. Guilaran, February 6, 2019

F. Miscellaneous:

 Compressed work-week - DOLE Department Advisory No. 4, s. 2010

 R.A. 11165, Telecommuting Act
 LabStat Updates, Vol. 21 No. 3 March 2017, Decent Work in the Philippines
Statistics on Decent Hours of Work (Part 2)
 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

7
PART IV
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES

A. Women

Labor Code: Articles 130, 132-136

Omnibus Rules: Book III, Rule XII, Sections 1, 4-14

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

Philippine Telegraph & Telephone Co. v. NLRC, May 23, 1997

Libres v. NLRC, May 28, 1999
Domingo v. Rayala, February 18, 2008
Re: Anonymous complaint against Atty. Cresencion P. Co Untian, Jr., AC
No. 5900, April 10, 2019
Duncan Association of Detailman v. Glaxo Wellcome, September 17,
2004
Star Paper Corp. v. Simbol, April 12, 2006
Alilem Credit Cooperative v. Bandiola, February 25, 2013
Leus v. St. Scholastica’s College Westgrove, January 28, 2015
Saudi Arabian Airlines [SAUDIA] v. Rebesencio, January 14, 2015
Inocente v. St. Vincent Foundation, June 22, 2016
Capin-Cadiz v. Brent Hospital and Colleges, February 24, 2016

Maternity Leave and Paternity Leave

R.A. 11210, 105-Day Expanded Maternity Leave Law, and its

Implementing Rules (Compare with R.A. No. 11199, Social Security
Act, Section 14-A)
R.A. No. 8187, Paternity Leave Act
Implementing Rules and Regulations of R.A. 8187
CSC Memorandum Circular No. 01-2016

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

Solo Parent’s Leave

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

R.A. No. 9710, Magna Carta of Women, Section 18

Implementing Rules and Regulations of R.A. No. 9710, Section 7 (M), 21

8
B. Night Workers

Labor Code: Articles 154-161 (as amended by R.A. 10151)

D.O. 119-12

For reference: check the repealed Article 130-131

C. Minors

Labor Code: Articles 137-138

Omnibus Rules: Book III, Rule XII, Sections 2-3
R.A. 7610, Special Protection Against Child Abuse, Exploitation and
Discrimination Act, Section 12, as amended by R.A. 7658
R.A. No. 9231, An Act Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for the Working Child

D. Househelpers

R.A. 10361, Kasambahay Law

Implementing Rules for Kasambahay Law

Apex Mining Company, Inc. v. NLRC, April 22, 1991

Remington Industrial v. Castaneda, November 20, 2006

E. Homeworkers

Labor Code: Articles 151-153

DOLE Department Order No. 5, series of 1992

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

Bernardo v. NLRC, July 12, 1999

9
PART V
HUMAN RESOURCES DEVELOPMENT PROGRAM

A. National Manpower Development Program - Government Machinery

Labor Code: Articles 43-56 (insofar as they have not been modified)
The TESDA Act: R.A. 7796

B. Apprenticeship and Learnership

Labor Code: Articles 57-77

Omnibus Rules: Book II, Rules VI-VII
The Dual Training System Act: R.A. 7686

Nitto Enterprises v. NLRC, September 29, 1995

Filamer Christian Institute v. IAC, August 17, 1992
Atlanta Industries v. Sebolino, January 26, 2011

C. Employment of Aliens

Labor Code: Articles 40-42

Omnibus Rules: Book I, Rule XIV

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

PART VI
PRE-EMPLOYMENT, MIGRANT WORKERS

R.A. 8042, Migrant Workers & Overseas Filipino Act, as amended by RA 10022
Implementing Rules, Migrant Workers and Overseas Filipino Act
D.O. 141-14 – Revised Rules and Regulations Governing Recruitment and
Placement for Local Employment

A. Principles and Definitions

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

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

10
B. Recruitment and Placement

1. Definition; Illegal Recruitment; Prohibited Acts

Labor Code : Articles 13(b), 34, 35, 38, 39

R.A. 8042: Secs. 6-9
Rules Implementing R.A. 8042: Secs. 9-13

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. Abella, January 20, 2016

2. Regulation of Recruitment and Placement Activities

Labor Code: Art. 16, 18, 25-33, 35-37

R.A. 8042, secs. 29 - 30

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

3. Contracts

1991 POEA Rules: Book V, Rule II

Labor Code: Arts. 34-35

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

11
4. Government Machinery

Labor Code: Articles 14-21, 24 (Note: Art.15,17,19 have been repealed)

E.O. 247 (1987) (POEA Organization)
R.A. 8042: secs. 13 - 30, 32- 34
RA 10801 - OWWA
B.P. 79 (Commission on Filipinos Overseas)

5. Other matters incidental to Overseas Employment

a. Repatriation: R.A. 8042, secs. 14 - 18, 36;

Omnibus Rules Implementing R.A. 8042, secs. 52 - 61

Equi-Asia Placement, Inc. v. DFA, September 19, 2006

b. Foreign Exchange Remittance

Labor Code: Art. 22
E.O. 857 (1982)
Rules Implementing EO 857: Rule 2, sec. 4; Rule 5, secs. 1 - 5

c. Exemption from taxes and fees; scholarship

R.A. 8042: secs. 35-37

d. Migrant Workers’ Day: R.A. 8042: sec. 39

e. Incentives to Professionals: R.A. 8042: sec. 31
f. Disciplinary Actions: 1991 POEA Rules, Book VII, Rule 7

6. Dispute Settlement

Labor Code: Arts. 36 -37

RA 8042: Secs. 9 - 13
Omnibus Rules Implementing R.A. 8042, secs. 28 - 29

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 Nelson Dulay v. Aboitiz Jebsen Maritime, June 13, 2012
Hon. Sto. Tomas v. Salac, November 13, 2012
GBMLT Manpower Services v. Malinao, March 7, 2016
Industrial Personnel & Management Services (IPAMS) v. De Vera, March 7,
2016
Dagasdas v. Grand Placement, January 18, 2017

7. Miscellaneous

R.A. No. 10706 – Seafarers Protection Act

12
PART VII
HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

A. Medical Dental and Occupational Safety (Art 162-171)

R.A. 11058

B. Employees’ Compensation (Art 172-178)

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
Alano v. ECC, March 16, 1988
Lazo v. ECC, June 18, 1990
NFD International Manning Agents v. Illescas, September 29, 2010
Torillos v. Eastgate Maritime, January 10, 2019
Menez v. ECC, April 25, 1980
Clemente v. GSIS, July 31, 1987
Narazo v. ECC, February 6, 1990
Orate v. CA, March 26, 2003
Elburg Shipmanagement Phils., Inc. v. Quiogue, July 29, 2015

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)

C. Social Security (Focus on Coverage, Benefits, Beneficiaries)

R.A. 11199 (SSS)

Social Security Commission v. Azote, April 15, 2015

R.A. 8291 (GSIS)

Limited Portability Law, R.A. No. 7699

R.A. 7875, as amended by R.A. 9241 and 10606 (National Health Insurance Act)

R.A. 10754 (An Act Expanding the Benefits and Privileges of PWDs)

13