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POLITICAL LAW:
(1) Under the doctrine of qualified political
agency, the act of an executive secretary is
presumed to be the act of the President, in
the absence of showing that the later has
expressly repudiated the same. However, the
power to declare martial law, suspend the
privilege of the writ of habeas corpus, or the
exercise of the pardoning power, cannot be
validly delegated to the President’s alter ego.
(2) The President shall have control of all
the executive departments, bureaus, and
offices. He shall ensure that the laws are
faithfully executed.
(3) The Doctrine is extended to the
President’s executive secretary and cabinet
secretary, but not to a deputy executive
secretary or assistant deputy secretary.
(4) In times of war or other national
emergency, the Congress may, by law,
authorize the President, for a limited period
and subject to such restrictions as it may
prescribe, to exercise powers necessary and
proper to carry out a declared national
policy. Unless sooner withdrawn by
resolution of the Congress, such powers
shall cease upon the next adjournment
thereof.
(5) The President shall also have the power
to grant amnesty with the concurrence of a
majority of all the Members of the Congress.
– Majority + All
(6) No treaty or international agreement
shall be valid and effective unless concurred
in by at least two-thirds of all the Members
of the Senate.
- 2/3 – SENATE
(7) International custom becomes a source
of international law if it meets two elements.
First, it has ripened into a state practice
which is consistent, general, and existing for
a certain period of time. Second, there is
opinio juris otherwise known as the belief of
the States that a particular norm of behavior
or practice is obligatory.
(8) The ICJ may decide a case ex aequo et
bono when the parties to a dispute agree
thereto. This pertains to decisions which are
not based on points of law, but on the
judge’s sense of justice and fairness.
(9) Customs can prevail over treaties when
they are considered as jus cogens. Jus
cogens are norms accepted and recognized
by the international community of States as
a whole from which no derogation is
permitted and be modified only by
subsequent norms of general international
law having the same character.
IMMUNITY FROM SUIT:
The president cannot be charged with
any suit, civil or criminal in nature, during
his or her incumbency in office. This is in
line with the doctrine of the president's
immunity from suit.
The president is the head of the
executive branch, a co-equal of the judiciary
under the Constitution. His or her
prerogative is entitled to respect from other
branches of government.
Inter-branch courtesy is
but a consequence of the doctrine of
separation of powers.
REQUISITES FOR A VALID
DELEGATION:
 Collateral attacks on a presumably
valid law are not allowed.
What are needed for a valid
delegation are: (1) the completeness of the
statute making the delegation; and (2) the
presence of a sufficient standard.
EXHAUSTION OF ADMINISTRATIVE
REMEDIES:
A case is ripe for adjudication when
the challenged governmental act is a
completed action such that there is a direct,
concrete, and adverse effect on the
petitioner.
Courts may only take cognizance of
a case or controversy if the petitioner has
exhausted all remedies available to it under
the law.
The doctrine ensures that the
administrative agency exercised its power to
its full extent, including its authority to
correct or reconsider its actions.
It would, thus, be premature for
courts to take cognizance of the case prior to
the exhaustion of remedies, not to mention it
would violate the principle of separation of
powers. (KMU v. President Aquino, G.R.
No. 210500, April 02, 2019, Leonen, J.)
DELEGATION OF POWER TO THE
PRESIDENT IN TIMES OF NATIONAL
EMERGENCY:
Under the doctrine of transcendental
importance, the Supreme Court may assume
jurisdiction not only because of the vast
amounts of public funds and the rights of
citizens affected but also of the principles of
law involved, and the fact that not only the
force and the effect of a law but also the
legality and the force and effect of numerous
executive orders issued by President through
the IATF. Not only citizens, their interests,
and their properties but also the different
departments and offices of the Government
are seriously affected. The real reason for
the delegation of legislative powers to the
Chief Executive is not only because the
legislature is unable to meet due to a
national emergency but also because
although it could and does actually meet,
whether in regular or special session, it is
not in a position and able to cope with the
problems brought about by and arising from
the emergency, problems which require
urgent and immediate action.
However, under the principle of
separation of powers, the delegated power of
the President to legislate ceases when the
Congress reassumes the emergency power
so delegated to the President.
POLICE POWER:
Proclamation No. 475 which called
for the total closure of Boracay for a period
of 6 months must be upheld for being in the
nature of a valid police power measure.
As defined, it consists of (1)
imposition or restraint upon liberty or
property, (2) in order to foster the common
good.
The assailed governmental measure
is within the scope of police power cannot
be disputed. It is without a doubt the interest
of the public in general.
POWER TO TAX:
The purpose of the ordinance is to
regulate the construction and maintenance of
electric and telecommunications posts
erected within Cagayan de Oro City.
It is clear that the ordinance in this
case serves a regulatory purpose and is,
hence, an exercise of police power.
If the purpose is primarily to
regulate, then it is deemed an exercise of
police power in the form of a fee, even
though revenue is incidentally generated.
Stated otherwise, if generation of
revenue is the primary purpose, the
imposition is a tax but, if regulation is the
primary purpose, the imposition is properly
categorized as a regulatory fee.

POWER TO IMPOSE REAL PROPERTY
TAX:
In MWSS v. Quezon City (G.R. No.
194388, November 7. 2018), the Court held
that a government instrumentality exercising
corporate powers is not liable for the
payment of real property taxes on its
properties unless it is alleged and proven
that the beneficial use of its properties been
extended to a taxable person.
Under Section 234(a), the general
rule is that any real property owned by the
Republic, or its political subdivisions is
exempt from the payment of real property
tax "except when the beneficial use thereof
has been granted, for consideration or
otherwise, to a taxable person."
Under the beneficial use doctrine, it
is the lessee of the government which has
the burden of paying the real property taxes
assessed by the local government on the
subject property.
DUE PROCESS:
The petition of Atty. Labay should
be granted because his constitutional right to
due process was violated when he was not
furnished a copy of the complaint affidavit
and its attachments during the preliminary
investigation.
Section 1, Article III of the 1987
Constitution guarantees the right of every
person to due process before they are
deprived of their life, liberty, or property.
Due process in criminal prosecutions
is further emphasized under Section 14,
Article III which provides that no person
shall be held to answer for a criminal
offense without due process of law.
The same provision also states that
the accused shall be presumed innocent until
the contrary is proved and shall enjoy the
right to be informed of the nature and cause
of the accusation against him.
Criminal due process requires that
the procedure established by law, or the
rules be followed to assure that the State
makes no mistake in taking the life or liberty
except that of the guilty. All the necessary
measures must be taken to guarantee
procedural due process throughout all stages
of a criminal prosecution until rendition of
judgment. (Labay v. Sandiganbayan, G.R.
No. 235937, July 23, 2018)
EQUAL PROTECTION CLAUSE:
The argument of Zomer
Development is untenable.
The difference in the treatment of
juridical persons and natural persons was
based on the nature of the properties
foreclosed — whether these are used as
residence, for which the more liberal one-
year redemption period is retained, or used
for industrial or commercial purposes, in
which case a shorter term is deemed
necessary to reduce the period of uncertainty
in the ownership of property and enable
mortgagee banks to dispose sooner of these
acquired assets.
VALID CLASSIFICATION:
It does not require absolute equality,
but merely that all persons be treated alike
under like conditions both as to privileges
conferred and liabilities imposed.
We have held, time and again, that
the equal protection clause of the
Constitution does not forbid classification
for so long as such classification is based on
real and substantial differences having a
reasonable relation to the subject of the
particular legislation.
If classification is germane to the
purpose of the law, concerns all members of
the class, and applies equally to present and
future conditions, the classification does not
violate the equal protection guarantee.”
WHEN VIOLATED BY PRIVATE
INDIVIDUALS:
No, the constitutional guaranty of the
equal protection clause may not be invoked
against a private entity in the absence of
governmental interference, the liberties
guaranteed by the Constitution cannot be
invoked. Put differently, the Bill of Rights is
not meant to be invoked against acts of
private individuals
FREEDOM OF EXPRESSION:
The COMELEC has no jurisdiction
over the tarpaulins displayed within the
premises of the church of the Diocese of
Bacolod because they are covered by the
constitutional protection of freedom of
expression.
The expression resulting from the
content of the tarpaulins is a political speech
covered by the constitutional protection of
freedom of expression.
Even with the application of the clear
and present danger test, COMELEC failed to
justify the regulation as there is no
compelling and substantial state interest
endangered by the posting of the tarpaulin as
to justify curtailment of the right of freedom
of expression.
MASS MEDIA:
A private mass media company may
refuse to accept any advertisement without
violating the freedom of speech clause
because the clause is a limitation on state
action and not on action of private parties.
PRIVACY OF PUBLIC OFFICERS:
A limited intrusion into a person's
privacy has long been regarded as
permissible where that person is a public
figure and the information sought to be
elicited from him or to be published about
him constitute of a public character.
Succinctly put, the right of privacy
cannot be invoked to resist publication and
dissemination of matters of public interest.
CONTENT-BASED VS. CONTENT-
NEUTRAL:
Content-based regulation regulates the
message or idea and may distort public
debate. Government may impose sanction
out of fear. (Osmena v. COMELEC, G.R.
No. 132231, March 4, 1998) The test which
the Court will apply is the strict scrutiny test.
Upon the other hand, content-neutral
test merely controls the time, place or
manner of the information relayed. Only a
substantial government interest is required
for its validity. The intermediate approach
test is applied in this case since the
restriction is not greater than necessary.
(Chavez v. Gonzales, G.R. No. 168338,
February 15, 2008)
HECKLER’S VETO:
The Heckler’s Veto is a government
action which attempts to ban protected
speech because it might provoke a violent
response.
POWER OF EMINENT DOMAIN:
Yes, the case filed by Ortigas and
Company against DPWH will prosper. As
held in Republic v. Castellvi, a property
owner is entitled to just compensation when
government takes his property for a public
purpose.
The intention to take the property for
public use was obvious from the completion
of the road widening for the C-5 flyover
project and from the fact that the general
public was already taking advantage of the
thoroughfare.
ADDITIONAL POINTS ON EMINENT
DOMAIN:
The owner of the property may file
an inverse condemnation case when
government takes over its property without
his consent.
The property owner may ask for
reconveyance of his title to the property
when government abandons its project
because public purpose no longer exists.
If after the lapse of five years,
government has not fully paid the just
compensation, the property owner may ask
for reversion of the title of the property.
If within the 5-year period,
government has not fully paid the just
compensation, the court may order payment
of interest until it is fully settled. (before
June 30, 2013, 12% may be imposed but
after that date, the court may only impose an
interest rate of 6%)
DANGEROUS DRUGS:
The elements to sustain convictions
for violation of Section 5 of the
Comprehensive Dangerous Drugs Act, or
the illegal sale of dangerous drugs are "(1)
proof that the transaction or sale took place
and (2) the presentation in court of the
corpus delicti or the illicit drug as evidence."
The prosecution must prove with
moral certainty the corpus delicti. Sadly, the
prosecutor failed to discharge this burden.
This requires the performance of two (2)
actions: physical inventory and
photographing. Section 21(l) is specific as to
when and where these actions must be done.
As to when, it must be "immediately after
seizure and confiscation."
As to where, it depends on whether
the seizure was supported by a search
warrant. If a search warrant was served, the
physical inventory and photographing must
be done at the exact same place that the
search warrant is served. In case or
warrantless seizures, these actions must be
done at the nearest police station or at the
nearest office of the apprehending
officer/team. whichever is practicable.
HUMAN REMAINS:
Human remains may be the subject
of a search warrant. Section 3, Rule 126 of
the Rules of Court provides that a search
warrant may be issued for the search and
seizure of personal property.
Considering that human remains can
generally be transported from place to place
and considering further that they qualify
under the phrase "subject of the offense"
given that they prove the crime’s corpus
delicti, it follows that they may be valid
subjects of a search warrant under the
above-cited criminal procedure provision.
It is of paramount importance that
the existence of the drug, the corpus delicti
of the crime, be established beyond doubt.
Its identity and integrity must he proven to
have been safeguarded.
PROCESS OF LEGISLATION:
The presidential certification can be
dispensed with the requirement not only of
printing but also of reading the bill on
separate days.
The phrase “except when the
President certifies to the necessity of its
immediate enactment, etc.” in Art. VI, sec.
26(2) qualifies two stated conditions before
a bill can become a law: (i) the bill has
passed three readings on separate days and
(ii) it has been printed in its final form and
distributed three days before it is finally
approved.
VALID AUGMENTATION:
1. There is a law authorizing the President,
the President of the Senate, the Speaker of
the House of Representatives, the Chief
Justice of the Supreme Court, and the heads
of the Constitutional Commissions to
transfer funds within their respective offices;
2. The funds to be transferred are savings
generated from the appropriations for their
respective offices; and
3. The purpose of the transfer is to augment
an item in the general appropriations law for
their respective offices
LIMITATIONS ON CONGRESSIONAL
INQUIRY:
Section 21 has made explicit the limitations
on the power of legislative investigation: (1)
it must be in aid of legislation; (2) it must be
in accordance with its duly published rules
of procedure; and (3) the rights of persons
appearing in or affected by such inquiries
shall be respected.
CONGRESSIONAL HEARINGS:
No, the President has no power to
bar Cabinet members and other executive
officials from attending Senate inquiries in
aid of legislation.
The Court explained that “when the
inquiry in which Congress requires their
appearance is ‘in aid of legislation’ xxx, the
appearance is mandatory xxx.”
It emphasized that the executive
branch is a co-equal branch of the
legislature, it cannot frustrate the power of
Congress to legislate by refusing to comply
with its demands for information.
POWER OF THE COURT TO ENJOIN
CONGRESSIONAL INQUIRY:
No, the Court may not enjoin the
Senate from proceeding with its
congressional inquiry.
In a congressional hearing, the
officers of the foreign bank neither stand as
accused in a criminal case nor will they be
subjected by the Senate Committee to any
penalty by reason of their testimonies.
They cannot altogether decline
appearing before the Senate Committee,
although they may invoke the right against
self-incrimination when a question calling
for an incriminating answer is propounded.
REVOCATION OF PROCLAMATION OF
MARTIAL LAW (BY MAJORITY VOTE)
The Congress in a joint session
revoke the proclamation of martial law and
the suspension of the privilege of the writ of
habeas corpus because the 90-day period is
beyond the 60-day period prescribed in
Section 18 of Article VII.
CLUSTERING OF QUALIFIED
NOMINEES:
No, the JBC may not resort to
clustering the qualified nominees to the six
vacancies in the Sandiganbayan.
The President has the absolute
discretion to determine who is best suited for
appointment among all the qualified
nominees.
The power to recommend of the JBC
cannot be used to restrict or limit the
President's power to appoint as the latter's
prerogative to choose someone whom he/she
considers worth appointing to the vacancy in
the Judiciary is still paramount.
POLITICAL QUESTIONS:
Political questions refer “to those
questions which, under the Constitution, are
to be decided by the people in their
sovereign capacity, or in regard to which full
discretionary authority has been delegated to
the legislative or executive branch of the
government. It is concerned with issues
dependent upon the wisdom, not legality of
a particular measure.”
MOOT AND ACADEMIC CASES:
The Court will decide cases,
otherwise moot, if first, there is a grave
violation of the Constitution; second, the
exceptional character of the situation and the
paramount public interest is involved; third,
when the constitutional issue raised requires
formulation of controlling principles to
guide the bench, the bar, and the public; and
fourth, the case is capable of repetition yet
evading review
LNMB:
There is no clear constitutional or
legal basis to hold that there was a grave
abuse of discretion amounting to lack or
excess of jurisdiction which would justify
the Court to interpose its authority to check
and override an act entrusted to the
judgment of another branch.
ADMINISTRATIVE SUPERVISION:
Section 6 of Article VIII provides
that the Supreme Court shall have
administrative supervision over all courts
and the personnel thereof. Therefore, the
Civil Service Commission has no
jurisdiction over the administrative case
filed against her.
The Ombudsman must defer action
on a criminal complaint against a judge, or a
court employee where the same arises from
their administrative duties and refer the
same to this Court for determination whether
said judge or court employee had acted
within the scope of their administrative
duties.
ADMISSION TO THE PRACTICE OF
LAW:
The argument of X, Y and Z is
correct because Section 5 (5) of Article VIII
vested the promulgation for the admission to
the practice of law only in the Supreme
Court. The act of admitting, suspending,
disbarring, and reinstating attorneys at law
in the practice of the profession is
concededly judicial.
AD INTERIM APPOINTMENT:
No, Secretary Lopez can no longer
discharge her duties despite having issued an
ad interim appointment by the President
once the Commission on Appointments
rejected her nomination.
An ad interim appointment is a
permanent appointment because it takes
effect immediately and can no longer be
withdrawn by the President once the
appointee has qualified into office.
The second paragraph of Section 16,
Article VII of the Constitution provides as
follows: "The President shall have the power
to make appointments during the recess of
the Congress, whether voluntary or
compulsory, but such appointments shall be
effective only until disapproval by the
Commission on Appointments or until the
next adjournment of the Congress."
PRESIDENTIAL IMMUNITY FROM
SUIT:
The concept of presidential
immunity under our governmental and
constitutional system does not distinguish
whether or not the suit pertains to an official
act of the President. Neither does immunity
hinge on the nature of the suit. The lack of
distinctions prevents us from making any
distinctions. Guided by judicial precedents.
the concept is clear and allows no
qualifications or restrictions that the
President cannot be sued while holding such
office
PARLIAMENTARY IMMUNITY:
A lawmaker's participation in media
interviews is not a legislative act, but is
"political in nature," outside the ambit of the
immunity conferred under the Speech or
Debate Clause in the 1987 Constitution.
The privilege arises not because the
statement is made by a lawmaker, but
because it is uttered in furtherance of
legislation.
ENROLLED BILL DOCTRINE:
Under the "enrolled bill doctrine,"
the signing of a bill by the Speaker of the
House and the Senate President and the
certification of the Secretaries of both
Houses of Congress that it was passed is
conclusive not only as to its provisions but
also as to its due enactment
NATIONALIZATION PRINCIPLE:
Section 2, Article XII of the 1987
Constitution provides that: “The exploration,
development, and utilization of natural
resources shall be under the full control and
supervision of the State. The State may
directly undertake such activities, or it may
enter into co-production, joint venture, or
production-sharing agreements with Filipino
citizens, or corporations or associations at
least sixty per centum (60%) of whose
capital is owned by such citizens.”
SEC MC No. 8, s. of 2013 uses the
two-tiered test in determining compliance
with the required percentage of Filipino
ownership. Under the two-tiered test, the
60% required Filipino ownership shall be
applied to both: a) the total number of
outstanding shares of stock entitled to vote
in the election of directors; and b) the total
number of outstanding shares of stock,
whether or not entitled to vote in the election
of directors
PIECEMEAL RATIFICATIONS:
No, piecemeal ratification is not
favored. A constitution must be interpreted
as a whole and separate ratification will not
be in accord with this doctrine.
The language of the Constitution is
clear that there is no limitation as to the
number of amendments (Section 2, Article
XVII) but the process of ratification can
only be conducted in one process when it
provides for ratification by a majority of
votes cast in a plebiscite
DIPLOMATIC PROTECTION
(CORPORATIONS):
The ICJ ruled that the Belgian
government lacked the standing to exercise
diplomatic protection of Belgian
shareholders in a Canadian company with
respect to measures taken against that
company in Spain. The Court ruled on the
side of the Spanish, holding that only the
nationality of the corporation (the
Canadians) can sue. The case is important as
it demonstrates how the concept of
diplomatic protection under international
law can apply equally to corporations as to
individuals
EXTRADITION:
The Court held in Lantion that at the
stage of the extradition, it was only at an
evaluation stage; thus, there was yet no
requirement that he be given notice of the
proceedings.
At that stage, using the balancing of
interest approach, the balance was tilted in
favor of the interest of the State in helping
suppress crime by facilitating the extradition
of persons covered by treaties entered into
by the government.
DOCTRINE OF INCORPORATION:
According to Article II, Section 2 of
the 1987 Constitution, “[t]he Philippines
renounces war as an instrument of national
policy, adopts the generally accepted
principles of international law as part of the
law of the land and adheres to the policy of
peace, equality, justice, freedom,
cooperation, and amity with all nations.”
In Magallona v. Ermita (G.R. No.
187167, August 16, 2011), the Court
declared that principles of international
customary law (such as the right of innocent
passage) are “automatically incorporated in
the corpus of Philippine law.” It has
consistently held that customary law is part
of the law of the land. There is no need for
treaty law, valid or otherwise, to be
applicable in the Philippines
Reminder: Sources of International Law
Article 38(1) of the Statute of the
International Court of Justice lists the
sources that the ICJ uses to resolve disputes
as follows: “1. The Court, whose function is
to decide in accordance with international
law such disputes as are submitted to it, shall
apply: a) international conventions, whether
general or particular, establishing rules
expressly recognized by the contesting
states; b) international custom, as evidence
of a general practice accepted as law; c) the
general principles of law recognized by
civilized nations; d) subject to the provisions
of Article 59, judicial decisions and the
teachings of the most highly qualified
publicists of the various nations, as
subsidiary means for the determination of
rules of law.”
SECTION 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title thereof.
(2) No bill passed by either House shall
become a law unless it has passed three
readings on separate days, and printed
copies thereof in its final form have been
distributed to its Members three days before
its passage, except when the President
certifies to the necessity of its immediate
enactment to meet a public calamity or
emergency. Upon the last reading of a bill,
no amendment thereto shall be allowed, and
the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in
the Journal.
SECTION 27. (1) Every bill passed by the
Congress shall, before it becomes a law, be
presented to the President. If he approves the
same, he shall sign it; otherwise, he shall
veto it and return the same with his
objections to the House where it originated,
which shall enter the objections at large in
its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all
the Members of such House shall agree to
pass the bill, it shall be sent, together with
the objections, to the other House by which
it shall likewise be reconsidered, and if
approved by two-thirds of all the Members
of that House, it shall become a law. In all
such cases, the votes of each House shall be
determined by yeas or nays, and the names
of the Members voting for or against shall
be entered in its Journal. The President shall
communicate his veto of any bill to the
House where it originated within thirty days
after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it. (2)
The President shall have the power to veto
any particular item or items in an
appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to
which he does not object.
SECTION 24. All appropriation, revenue or
tariff bills, bills authorizing increase of the
public debt, bills of local application, and
private bills shall originate exclusively in the
House of Representatives, but the Senate
may propose or concur with amendments.
SECTION 25. (1) The Congress may not
increase the appropriations recommended by
the President for the operation of the
Government as specified in the budget. The
form, content, and manner of preparation of
the budget shall be prescribed by law.
(2) No provision or enactment shall be
embraced in the general appropriations bill
unless it relates specifically to some
particular appropriation therein. Any such
provision or enactment shall be limited in its
operation to the appropriation to which it
relates.
(3) The procedure in approving
appropriations for the Congress shall strictly
follow the procedure for approving
appropriations for other departments and
agencies.
(4) A special appropriations bill shall
specify the purpose for which it is intended
and shall be supported by funds actually
available as certified by the National
Treasurer, or to be raised by a corresponding
revenue proposed therein.
(5) No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate, the
Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may,
by law, be authorized to augment any item
in the general appropriations law for their
respective offices from savings in other
items of their respective appropriations.
(6) Discretionary funds appropriated for
particular officials shall be disbursed only
for public purposes to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the
Congress shall have failed to pass the
general appropriations bill for the ensuing
fiscal year, the general appropriations law
for the preceding fiscal year shall be deemed
reenacted and shall remain in force and
effect until the general appropriations bill is
passed by the Congress
LABOR LAW:
STRIKE
CONSTITUTIONAL PROVISION –
SOCIAL JUSTICE:
a) Full protection to labor, local and
overseas, organized and unorganized; b)
Promotion of full employment; c) Promotion
of equality of employment opportunities for
all; d) Guarantee of the rights of all workers
to: 1. self-organization; 2. collective
bargaining and negotiations; 3. peaceful
concerted activities, including the right to
strike in accordance with law; 4. security of
tenure; 5. humane conditions of work; 6. a
living wage; 7. participate in policy and
decision-making processes affecting their
rights and benefits as may be provided by
law. e) Promotion of the principle of shared
responsibility between workers and
employers and the preferential use of
voluntary modes in settling disputes,
including conciliation, and shall enforce
their mutual compliance therewith to foster
industrial peace. f) Regulation of the
relations between workers and employers,
recognizing the right of labor to its just share
in the fruits of production and the right of
enterprises to reasonable returns to
investments, and to expansion and growth
CIVIL CODE:
“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.”
LABOR CODE:
Under Article 3 of Labor Code: a) Full
protection to labor; b) Promotion of full
employment; c) Promotion of equal work
opportunities regardless of sex, race or
creed; d) Regulation of the relations between
workers and employers; e) Protection of the
rights of workers to: 1. self-organization; 2.
collective bargaining; 3. security of tenure;
and 4. just and humane conditions of work.
CONSTRUCTION IN FAVOR OF
LABOR:
Article 4. Construction in Favor of Labor. –
All doubts in the implementation and
interpretation of the provisions of this Code,
including its implementing rules and
regulations, shall be resolved in favor of
labor.”
FOUR-FOLD TEST:
1. Selection and engagement of the
employee;
2. Payment of wages or salaries;
3. Exercise of the power of dismissal; or
4. Exercise of the power to control the
employee’s conduct
The 4th test above, the control test, is
the controlling test which means that the
employer controls or has reserved the right
to control the employee not only as to the
result of the work to be done but also as to
the means and methods by which the same is
to be accomplished
If the so-called employer does not
control such means and methods but is only
interested in the results thereof, then the
arrangement is called “independent job
contracting” or “contractualization”, the
party controlling the means and methods is
called the independent contractor and the
party interested only in the results is called
the principal/client/indirect
employer/statutory employer.
TWO-TIERED TEST:
(1) The putative employer’s power to
control the employee with respect to the
means and methods by which the work is to
be accomplished [control test]; and
(2) The underlying economic
realities of the activity or relationship
[broader economic reality test].
Under the economic reality test, the
proper standard of economic dependence is
whether the worker is dependent on the
alleged employer for his continued
employment in that line of business.
TWO-FOLD DUE PROCESS
REQUIREMENT:
1. Substantive aspect which means
that the dismissal must be for any of the (1)
just causes provided under the Labor Code
or the company rules and regulations
promulgated by the employer; or (2)
authorized causes under the Labor Code;
and
2. Procedural aspect which means
that the employee must be accorded both
STATUTORY DUE PROCESS AND
CONTRACTUAL DUE PROCESS
TERMINATION BY THE EMPLOYER:
(a) Serious misconduct or willful
disobedience by the employee of the lawful
orders of his employer or representative in
connection with his work;
(b) Gross and habitual neglect by the
employee of his duties;
(c) Fraud or willful breach by the employee
of the trust reposed in him by his employer
or duly authorized representative;
(d) Commission of a crime or offense by the
employee against the person of his employer
or any immediate member of his family or
his duly authorized representatives; and
(e) Other causes analogous to the foregoing.
SERIOUS MISCONDUCT:
1. It must be serious; and
2. It must relate to the performance of the
employee’s duties; and
3. It must show that he has become unfit to
continue working for the employer
Serious misconduct implies that it
must be of such grave and aggravated
character and not merely trivial or
unimportant
INSUBORDINATION OR WILLFUL
MISCONDUCT:
1. The employee’s assailed conduct must
have been willful or intentional, the
willfulness being characterized by a
wrongful and perverse attitude; and
2. The order violated must be based on a
reasonable and lawful company rule,
regulation or policy and made known to the
employee and must pertain to the duties for
which he has been engaged to discharge
Refusal to undergo random drug
testing constitutes both serious misconduct
and insubordination
GROSS AND HABITUAL NEGLECT OF
DUTIES:
(1) There must be negligence which is gross
and/or habitual in character; and
(2) It must be work-related as would make
him unfit to work for his employer.
The negligence must be gross in
character which means absence of that
diligence that an ordinarily prudent man
would use in his own affairs.
Habituality may be disregarded if
negligence is gross or the damage or loss is
substantial. “Habitual negligence” implies
repeated failure to perform one’s duties for a
period of time, depending upon the
circumstance
Tardiness or absenteeism, if habitual,
may be tantamount to serious misconduct
ABANDONMENT OF WORK:
Abandonment is not provided for in
the Labor Code but it is jurisprudentially
considered a form of neglect of duty; hence,
a just cause
1) The employee must have failed to
report for work or must have been absent
without valid or justifiable reason; and
2) There must have been a clear
intention on the part of the employee to
sever the employer-employee relationship
manifested by some overt act
FRAUD:
1. There must be an act, omission, or
concealment;
2. The act, omission or concealment
involves a breach of legal duty, trust, or
confidence justly reposed;
3. It must be committed against the
employer or his/her representative; and
4. It must be in connection with the
employees' work
WILLFUL BREACH OF TRUST:
(1) The employee holds a position of trust
and confidence;
(2) There exists an act justifying the loss of
trust and confidence, which means that the
act that betrays the employer’s trust must be
real, i.e., founded on clearly established
facts;
(3) The employee’s breach of the trust must
be willful, i.e., it was done intentionally,
knowingly and purposely, without justifiable
excuse; and
(4) The act must be in relation to his work
which would render him unfit to perform it
(1) The loss of confidence must not be
simulated
(2) It should not be used as a subterfuge for
causes which are illegal, improper or
unjustified;
(3) It may not be arbitrarily asserted in the
face of overwhelming evidence to the
contrary; and
(4) It must be genuine, not a mere
afterthought, to justify earlier action taken in
bad faith
TWO CLASSES OF POSITIONS OF
TRUST:
The first class consists of managerial
employees or those who, by the nature of
their position, are entrusted with confidential
and delicate matters and from whom greater
fidelity to duty is correspondingly expected
The second class consists of
fiduciary rank-and-file employees who,
though rank-and-file, are routinely charged
with the custody, handling or care and
protection of the employer's money or
property, or entrusted with confidence on
delicate matters, and are thus classified as
occupying positions of trust and confidence
Thus, with respect to rank-and-file
personnel, loss of trust and confidence as a
ground for valid dismissal requires proof of
involvement in the alleged events in
question and that mere uncorroborated
assertions and accusations by the employer
will not be sufficient. But as regards a
managerial employee, the mere existence of
a basis for believing that he has breached the
trust of his employer would suffice for his
dismissal
COMMISSION OF A CRIME OR
OFFENSE:
1. A crime or offense was committed by the
employee;
2. It was committed against any of the
following persons: (a) His employer; (b)
Any immediate member of his employer’s
family; or (c) His employer’s duly
authorized representative.
COMMON REQUISITES FOR
AUTHORIZED CAUSES:
1. There is good faith in effecting the
termination;
2. The termination is a matter of last resort,
there being no other option available to the
employer after resorting to cost-cutting
measures;
3. Two (2) separate written notices are
served on both the affected employees and
the DOLE at least one (1) month prior to the
intended date of termination;
4. Separation pay is paid to the affected
employees, to wit: (a) If based on (1)
installation of labor-saving device, or (2)
redundancy. - One (1) month pay or at least
one (1) month pay for every year of service,
whichever is higher, a fraction of at least six
(6) months shall be considered as one (1)
whole year. (b) If based on (1) retrenchment,
or (2) closure NOT due serious business
losses or financial reverses. - One (1) month
pay or at least one-half (½) month pay for
every year of service, whichever is higher, a
fraction of at least six (6) months shall be
considered as one (1) whole year. (c) If
closure is due to serious business losses or
financial reverses, NO separation pay is
required to be paid (d) In case the CBA or
company policy provides for a higher
separation pay, the same must be followed
instead of the one provided in Article 298
[283].
5. Fair and reasonable criteria in ascertaining
what positions are to be affected by the
termination
INSTALLATION OF LABOR-SAVING
DEVICES:
1. There must be introduction of machinery,
equipment or other devices; and
2. The purpose for such introduction must be
valid such as to save on cost, enhance
efficiency and other justifiable economic
reasons
REDUNDANCY:
1. There must be superfluous positions or
services of employees;
2. The positions or services are in excess of
what is reasonably demanded by the actual
requirements of the enterprise to operate in
an economical and efficient manner; and
3. There must be an adequate proof of
redundancy such as but not limited to the
new staffing pattern, feasibility
studies/proposal, on the viability of the
newly created positions, job description and
the approval by the management of the
restructuring
RETRENCHMENT:
1. The retrenchment must be reasonably
necessary and likely to prevent business
losses;
2. The losses, if already incurred, are not
merely de minimis, but substantial, serious,
actual and real, or if only expected, are
reasonably imminent;
3. The expected or actual losses must be
proved by sufficient and convincing
evidence; and
4. The retrenchment must be in good faith
for the advancement of its interest and not to
defeat or circumvent the employees' right to
security of tenure
DISEASE:
The Deoferio rule on substantive
requisites. The following are the three (3)
substantive requisites:
(1) An employee has been found to be
suffering from any disease;
(2) His continued employment is prohibited
by law or prejudicial to his health, as well as
to the health of his co-employees; and
(3) A competent public health authority
issues a medical certificate that the disease is
of such nature or at such a stage that it
cannot be cured within a period of six (6)
months even with proper medical treatment
The Deoferio rule on procedural
requisites. Deoferio, finally pronounced the
rule that the employer must furnish the
employee two (2) written notices in
terminations due to disease, namely:
(1) The notice to apprise the employee of the
ground for which his dismissal is sought;
and
(2) The notice informing the employee of his
dismissal, to be issued after the employee
has been given reasonable opportunity to
answer and to be heard on his defense
Subsequent to Deoferio, Fuji Television
Network, Inc. v. Arlene S. Espiritu:
categorically specified the right of the ailing
employee to present countervailing evidence
in the form of medical certificates to prove
that his dismissal due to disease is not
proper and therefore illegal.
TWIN-NOTICE REQUIREMENT:
(1) First written notice. The first written
notice to be served on the employee should:
a) Contain the specific causes or grounds for
termination against him;
b) Contain a directive that the employee is
given the opportunity to submit his written
explanation within the reasonable period of
FIVE (5) CALENDAR DAYS from receipt
of the notice: 1) to enable him to prepare
adequately for his defense;
2) to study the accusation against him;
3) to consult a union official or lawyer;
4) to gather data and evidence; and
5) to decide on the defenses he will raise
against the complaint.
c) Contain a detailed narration of the facts
and circumstances that will serve as basis for
the charge against the employee. This is
required in order to enable him to
intelligently prepare his explanation and
defenses. A general description of the charge
will not suffice.
d) Specifically mention which company
rules, if any, are violated and/or which
among the grounds under Article 282 is
being charged against the employee.
(2) Hearing required, After serving the first
notice, the employer should schedule and
conduct a hearing or conference wherein the
employee will be given the opportunity to:
1) explain and clarify his defenses to the
charge/s against him;
2) present evidence in support of his
defenses; and
3) rebut the evidence presented against him
by the management. During the hearing or
conference, the employee is given the
chance to defend himself personally, with
the assistance of a representative or counsel
of his choice. Moreover, this conference or
hearing could be used by the parties as an
opportunity to come to an amicable
settlement
3.) Second written notice. After determining
that termination of employment is justified,
the employer shall serve the employees a
written notice of termination indicating that:
1) all circumstances involving the charge/s
against the employee have been considered;
and
2) grounds have been established to justify
the severance of his employment
DUE PROCESS IN AUTHORIZED
CAUSES:
Due process in authorized cause termination
is deemed complied with upon the separate
and simultaneous service of a written notice
of the intended termination to both:
(1) the employee to be terminated; and
(2) the appropriate DOLE Regional Office,
at least one (1) month before the intended
date of the termination specifying the
ground/s therefor and the undertaking to pay
the separation pay required under Article
283 of the Labor Code
CONSTRUCTIVE DISMISSAL:
1) An involuntary resignation resorted to
when continued employment is rendered
impossible, unreasonable or unlikely;
2) A demotion in rank and/or a diminution
in pay; or
3) A clear discrimination, insensibility or
disdain by an employer which becomes
unbearable to the employee that it could
foreclose any choice by him except to forego
his continued employment
RESIGNATION WITHOUT JUST CAUSE:
(a) The resigning employee should tender a
written (not verbal) notice of the termination
(commonly known as “resignation letter”);
(b) Service of such notice to the employer at
least one (1) month in advance; and
(c) Written acceptance by the employer of
the resignation
RESIGNATION WITH JUST CAUSE:
(a) Serious insult by the employer or his
representative on the honor and person of
the employee;
(b) Inhuman and unbearable treatment
accorded the employee by the employer or
his representative;
(c) Commission of a crime or offense by the
employer or his representative against the
person of the employee or any of the
immediate members of his family; and
(d) Other causes analogous to any of the
foregoing.
RETIREMENT:
(1) Optional retirement upon reaching the
age of sixty (60) years.
(2) Compulsory retirement upon reaching
the age of sixty-five (65) years
5 years is the minimum years of service that
must be rendered by the employee before he
can avail of the retirement benefits upon
reaching optional or compulsory retirement
age under Article 287.
For purposes of determining the minimum
retirement pay due an employee under
Article 287, the term “one-half month
salary” shall include all of the following:
(1) Fifteen (15) days salary of the employee
based on his latest salary rate.
(2) The cash equivalent of five (5) days of
service incentive leave;
(3) One-twelfth (1/12) of the 13th month pay
due the employee; and
(4) All other benefits that the employer and
employee may agree upon that should be
included in the computation of the
employee’s retirement pay
LABOR ONLY CONTRACTING:
 There is labor-only contracting if the
person supplying workers to an employer
does not have substantial capital or
investment in the form of tools, equipment,
machineries, work premises, among others,
and the workers recruited and placed by
such person are performing activities which
are directly related to the principal business
of such employer.
Labor-only contracting is prohibited
by law and the person acting as contractor
shall be considered merely as an agent of the
employer who shall be responsible to the
workers in the same manner and extent as if
the latter were directly employed by him.
On the other hand, there is job
contracting if a principal agrees to put out or
farm out with a contractor or series of
contractors the performance or completion
of a specific job, work or service within a
definite or predetermined period, regardless
of whether such job, work, or service is to be
performed or completed within or outside
the premises of the principal, provided that
the contractor has substantial capital or
investment and the workers recruited and
placed by such contractor are performing
activities which are not directly related to
the principal business of the principal.
RECRUITMENT AND PLACEMENT:
Recruitment and placement" refers to
any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring
workers, and includes referrals, contract
services, promising or advertising for
employment, locally or abroad, whether for
profit or not:
Provided, That any person or entity
which, in any manner, offers or promises for
a fee, employment to two or more persons
shall be deemed engaged in recruitment and
placement.
ILLEGAL RECRUITMENT INVOLVING
ECONOMIC SABOTAGE:
Illegal recruitment when committed
by a syndicate or in large scale shall be
considered as offense involving economic
sabotage. Illegal recruitment is deemed
committed in large scale if committed
against three or more persons individually or
as a group. Illegal recruitment is deemed
committed by a syndicate when it is carried
out by a group of three or more persons
conspiring or confederating with one
another.
ALIEN EMPLOYEES RIGHT TO JOIN
UNIONS:
Jim as an alien employee may
participate in union activities if he has a
valid working permit issued by the
Department of Labor and provided that he is
a national of a country which grants the
same or similar rights to Filipino workers, as
certified by the Department of Foreign
Affairs, or which has ratified either ILO
Convention No. 87 and ILO Convention No.
98
FIXED TERM EMPLOYEES:
The Supreme Court has held that a
fixed-term employment contract terminates
by its own terms at the end of a definite
period and the fact that the service rendered
by the employees is usually necessary and
desirable in the business operations of the
employer will not impair the validity of such
contracts nor will it make the employee a
regular one