Syllabus for Labor Law

Review I (Labor Standards)

2023-2024

Part I

I. Fundamental Principles and Concepts

A. 1987 Constitution
1. Section 18, Article III
2. Section 3, Article XIII
3. Section 14, Article XIII
B. Labor Code As Amended and Renumbered
1. Article 3, Chapter I
2. Article 4, ibid.
3. Article 6, ibid.
4. Article 218
C. Civil Code of the Philippines
1. Article 1700
2. Article 1701
3. Article 1702
4. Article 1703
5. Article 1705
6. Article 1706
7. Article 1707
8. Article 1708
9. Article 1709
10. Article 1710
D. Employee As A Concept
1. Article 13 (a) Labor Code
2. Article 97 (c) ibid.
3. Article 173 (g) ibid.
4. Article 219 (f) ibid.
5. Section 8 (d) RA 11199
6. Section 2 (d) RA 8921
E. Employer As A Concept
1. Article 97 (b) Labor Code
2. Article 173 (f) ibid.
3. Article 219 (e) ibid.
4. Section 8 (c) RA 11199
5. Section 2 (c) RA 8921
D. Employer-Employee Relationship
1. Characteristics of Employer-Employee Relationship
2. Tests for determining employer-employee relationship’s existence
E. Worker’s Rights
1. Security of Tenure
2. Right to Self-Organization and Collective Bargaining
 3. Right to participate in Policy or Decision Making
4. Construction in Favor of Labor
5. Burden of Proof and Quantum of Evidence
F. Management Prerogatives
1. Discipline
2. Transfer of Employees
3. Productivity Standards
4. Bonus
5. Change of Working Hours
6. Bona Fide Occupational Qualifications
7. Marriage Between Employees of Competitor-Employers
8. Post-Employment Restrictions
G. Jurisprudence
1. Philippine Geothermal Incorporated Employees Union v. Unocal Philippines
(now known as Chevron Geothermal Philippines Holding) G.R. No. 190187,
September 28, 2016 (Nature of Employment Relationship and Burden of
Proof)
2. Nancy Claire Pit Celis v. Bank of Makati (A Savings Bank) Inc., G.R. No.
250766, June 15, 2022 (Doubt in favor of labor)
3. Richard N. Wahing et al v. Spouses Amador Daguio and Esing Daguio
(Employer-Employee relationship; burden of proof, full protection to workers)
4. Celia Atienza v. Noel Sacramento Saluta, G.R. No. 233413, June 17, 2019
(Employer-Employee Relationship; doubt in favor of labor)
5. Reyes v. Rural Bank of San Rafael, G.R. No. 230597, March 23, 2022
(protection to labor and doubt in favor of labor)
6. Italkarat 18 Inc. v. Juraldine Gerasmio, G.R. No. 221411, September 28, 2020
(burden of proof)
7. ABS-CBN Broadcasting Corporation v. Kessler Tajanlangit et al, G.R. No.
219508, September 14, 2021 (employer-employee relationship)
8. Carmela Tiangco v. ABS-CBN Broadcasting Corporation, G.R. No. 200434,
December 6, 2021 (employer-employee relationship)
9. Jr. Hauling Services and Oscar Mapue v. Gavino Salamo et al, G.R. No.
214294, September 30, 2020 (burden of proof)
10. Chrisden E. Ditiangkin et al v. Lazada E-Services Philippines et al, G.R. No.
246892, September 21, 2022 (employer-employee relationship)
11. Philippine Airlines v. NLRC et al, G.R. No. 85985, August 13, 1993
(Participatory Right)
12. Philippines Scan Carriers Corporation (formerly Sulpicio Lines) v. Heidi
Pelayo, G.R. No. 212003, February 28, 2018 (right to discipline; power to
investigate)
13. Sagales v. Rustan’s Commercial Corporation, G.R. No. 166554, November
27, 2008 (right to discipline; proportionality rule)
14. Neren Villanueva v. Ganco Resort and Recreation, G.R. No. 227175, January
8, 2020 (right to discipline; totality of infraction/past infractions)
15. Stanford Microsystem v. NLRC et al, G.R. No. 74187, January 28, 1988 (right
to impose penalty higher than what is provided for in the company rules or
regulations)
 16. Vergara v. Anz Global Services and Operations Manila, G.R. No. 250205,
February 17, 2021 (withdrawal of resignation prior to its acceptance)
17. Teletech Customer Care Management Phils v. Gerina, G.R. No. 219166,
November 10, 2021 (transfer)
18. Eastern Telecommunications Philippines Inc. v. Eastern Telecoms Employees
Union, G.R. No. 185665, February 8, 2012 (bonuses)
19. Duncan Association of Detailman - PTGWO and Pedro Tecson v. Glaxo
Wellcome Philippines Inc., G.R. No. 162994, September 17, 2004 (marrying
an employee of a competitor company)
20. Armando G. Yrasuegi v. Philippine Airlines, G.R. No. 168081, October 17,
2008 (bona fide occupational qualifications)
21. Catherine De la Cruz Cagampan v. One Network Bank Inc. et al, June 22,
2022 (bona fide occupational qualifications)
22. Patricia Halaguena et al v. Philippine Airline, G.R. No. 243259, January 10,
2023 (en-banc) (bona fide occupational qualifications)
23. East Cam Tech Corporation v. Fernandez et al, G.R. No. 222289, June 8,
2020 (quota)
24. Aliling v. Feliciano, G.R. No. 185829, April 25, 2012 (quota)
25. Portillo v. Lietz, G.R. No. 196539, October 10, 2012 (post-employment
prohibition)
26. Esico v. Alphaland, G.R. No. 216716, November 17, 2021 (post-employment
obligation)

Part II

A. Recruitment and Placement of Local and Migrant Workers

1. Who can engage in recruitment and placement?
2. Who are disqualified from engaging in recruitment and placement? (Article
27, Labor Code as amended, D.O. 216-20 Series of 2020; D.O. 217-20
Series of 202)
3. Who is deemed engaged in recruitment/placement? (Article 13 (b) Labor
Code as amended)
4. What are the kinds of recruitment being done in the Philippines? (D.O. 216-20
Series of 2020; RA 8042 as amended by RA 1022 and their Implementing
Rules and Regulations; DMC-DC-01-2023 Rules and Regulations Governing
the Recruitment and Employment of Land-Based OFWs; POEA Standard
Employment Contract of 2010; RA 11641 and its Implementing Rules and
Regulations; Joint Circular No. 01, Series of 2022)
5. What is the concept of illegal recruitment? (Article 38, Labor Code; RA 8042
as amended by RA 10022)
- Elements and Kinds of Illegal Recruitment
- Types
- Illegal recruitment v. estafa
- Penalties for Illegal Recruitment (Article 39, Labor Code, RA 8042 and
10022)
- Illegal Recruitment v. Trafficking in Persons (RA 11862)
- Prescriptive Period of Illegal Recruitment
6. Liability of local recruitment/manning agency (RA 8042)
 7. Theory of Inputed Knowledge
8. Termination of Employment of Migrant Workers
- Nature of employment
- Dispute resolution
9. Ban on Direct Hiring
- Exceptions to the ban
10. Disability and death benefits of seafarers (Labor Code and POEA-SEC of
2010)

B. Jurisprudence

1. People of the Philippines v. Urquico et al, G.R. No. 238910, July 20, 2022 (illegal
recruitment, estafa, impossable penalty)
2. Aquilina Marquez Marajas v. People of the Philippines, G.R. No. 244001, June 23,
2021 (illegal recruitment)
3. People of the Philippines v. Mitchelle Valencia Y. Dizon and Joanne Simbilto Y.
Lauretti, G.R. No. 234013, June 16, 2021 (human trafficking)
4. Serrano v. Gallant Maritime Services Inc. and Marlow Navigation Company Inc., G.R.
No. 167614, March 24, 2009 (illegal dismissal of OFW; redressive reliefs)
5. SRL International Manpower Agency et al v. Pedro S. Yarza, G.R. No. 207828,
February 14, 2022 (dismissal, OFW facilitated his own deployment)
6. Omanfil International Manpower Corporation v. Rolando Mesina, G.R. No. 217169,
November 4, 2020 (illegal dismissal of an OFW)
7. Stolt Nielsen Transportation Inc. v. Medequillo, G.R. No. 177498, January 18, 2012
(consequence of non-deployment)
8. Elizabeth M. Gaqui v. Simeon Dejero and Teodoro R. Permijo, G.R. No. 196036,
October 23, 2013 (Nature of liability of corporate officers)
9. C.F. Sharp Crew Management Inc. et al v. Joel D. Taok, G.R. No. 193679, July 18,
2012
10. Marcelo Corpuz v. Gervill Crewing Philippines, G.R. No. 230211, October 6, 2021
(liability of corporate officers)
11. John Oscares v. Magsaysay Maritime et al, G.R. No. 245858, December 2, 2020
(claim for disability; personal comfort doctrine)
12. Blue Manila Inc. and/or Oceanwide Crew Manila v. Antonio James, G.R. No. 230932,
January 20, 2021
13. Philippine Transmarine Carriers Inc. et al v. Manzano, G.R. No. 210329, March 18,
2021 (claim for disability benefits even if not medically repatriated)
14. Celso Caraan v. Griego Philippines, G.R. No. 252199, May 5, 2021 (interpretation of
3-day reporting period)
15. Richard Lawrence Daz Tolingco v. CA, NLRC et al, G.R. No. 231748, July 8, 2020
(sexual harassment)