Labor Law and Social Legislation Syllabus 2024 011924

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SAN BEDA UNIVERSITY

COLLEGE OF LAW
COURSE SYLLABUS

COURSE CODE:

COURSE TITLE: LABOR LAW AND SOCIAL LEGISLATION

COURSE CREDIT: 4 UNITS

COURSE PREREQUISITE/S: N/A

FACULTY:

EMAIL ADDRESS:

TERM/ACADEMIC YEAR: SECOND SEMESTER SCHOOL YEAR 2023-2024

DAY/TIME/ROOM/SECTION:

COURSE DELIVERY MODE: FACE TO FACE CLASSES

CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A general review of all laws affecting labor standards and labor relations.

COURSE GOALS: Expected College of Law Graduate Attributes (“ELGAs”)

(A) Know and understand the laws; (B) Memorize provisions; (C) Develop: (i) critical and analytical
thinking; (ii) proficiency in written and oral communication; and (iii) logical reasoning and sound
judgment; and (D) Exercise proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (“LOs”):

1. Knowledge/Remembering: define, list, recognize


2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

ELGAs LEARNING OUTCOMES (LOs)

Critical and analytical LO1. Explain the pertinent labor law provisions and apply these to specific factual
thinking situations.

Effective in written and oral LO2. Analyze the assigned cases and derive the applicable doctrines enunciated
communication therein.

Logical reasoning LO4. Utilize legal research tools to gather pieces of information that aid in the analysis

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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Sound judgment of legal issues in drafting a research paper

Exercise of proper
professional and ethical
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
Scope of Work (Weight is based on
Requirements Based on the Learning Outcomes (“LO”)
(Individual) the importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Discussion Individual
LO3 Individual
LO4 - Research Paper, Case Study

Class standing before Midterms Individual 16.67%


Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100%

LEARNING PLAN:

TOPIC/CONTENT LEARNING WEEK/ LEARNING


(arrangement or sequence of the major topics is based on a logical order) RESOURCES DATE METHODS
(print and (Schedule of (activities
non-print each Topic, designed or
materials and Assign, deployed by the
online/ Exam for teacher to
open-access the entire bring about, or
resources) semester) create the
conditions for
learning)

Course Introduction
Syllabus Lecture
• Course overview

• Course assignments Discussion

• Course requirements

MODULE 1:

I. Fundamental Principles (Articles 1-6 of the Labor Code)

Legal Basis
1987 Constitution
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Civil Code
Labor Code
State policy towards labor Syllabus Recitation
Security of tenure
Social justice Textbooks Case Study
Equal work opportunities
Right to self-organization and collective bargaining Supreme Discussion
Construction in favor of labor Court
Burden of proof and quantum of evidence Decisions

II. Recruitment and Placement (Articles 12-42)

A. Definition of recruitment and placement


B. Regulation of recruitment and placement activities
1. Regulatory authorities
a. Philippine Overseas Employment
Administration
b. Regulatory and visitorial powers of the DOLE
Secretary
c. Ban on Direct hiring.
d. Entities prohibited from recruiting.
e. Suspension or cancellation of license or
authority
f. Prohibited practices.
C. Illegal recruitment
1. Elements
2. Types
3. Illegal recruitment as distinguished from estafa
D. Liability of local recruitment agency and foreign
employer
1. Solidary liability
2. Theory of Imputed knowledge
E. Termination of contract of migrant worker
F. Employment of non-resident aliens

√ Include the following:

- R.A. 11641 – Department of Migrant Workers Act


- R.A. No. 8042, as amended, and its IRR (Migrant Workers Act)
- Revised POEA Rules 2016 (for land-based workers)
- D.O. No. 216-20 Rules and Regulations Governing Recruitment
and Placement of Industry Workers by the PEA for local
employment.
- D.O. No. 217-20 Rules and Regulations Governing Recruitment
and Placement of Domestic Workers by the PEA for local
employment.
- D.O. No. 221-21, Revised Rules for the Issuance of Employment
Permits to Foreign Nationals
- R.A. No. 11227 Handbook for OFWs Act of 2018
- R.A. No. 10801 OWWA Act
- POEA Memo Circular No. 010-10

Cases on Recruitment and Placement/ OFWs:

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2nd Sem. 23-24
1. People v. Chua, March 10, 2010
2. People v. Gallo, June 29, 2010
3. Yap v. Thenamaris Ship Management, May 30, 2011
4. People v. Panis, 142 SCRA 667
5. Trans Action Overseas Corporation v. DOLE Secretary,
September 5, 1997
6. Republic v. Principalia Management and Personnel Consultants
Inc. April 19, 2006
7. Datuman v. First Cosmopolitan Manpower, November 14, 2008
8. Stolt- Nielsen Transportation Group Inc. v. Medequillo, January
18, 2012
9. People v. Dela Piedra, January 24, 2001
10. Estate of Nelson Dulay v. Aboitiz Jebsen Maritime, June 13, 2012
11. Santiago v. CF Sharp Crew Management, July 10, 2007
12. Sameer Overseas Placement v. Cabilles, August 5, 2014
13. IPMS v. Arriola, March 7, 2016
14. Sunace International Management Service v. NLRC, January 25,
2006
15. Maersk- Filipinas Crewing Inc. v. Avestruz, February 18, 2015
16. AMCOW v. GCC Approved Medical Centers Association,
December 6, 2016
17. Gargallo v. DOHLE Seafront Crewing, August 17, 2016
18. Princess Talent Center v. Masagca, April 11, 2018
19. David v. Marquez, June 5, 2017
20. Powerhouse Staff Builders International Inc. v. Romelia Rey et
al., November 7, 2016
21. Corpuz v. Gerwil Crewing Philippines, January 18, 2021
22. Jerzon Manpower v. Nato October 6, 2021 (Phil. Laws apply to
termination of OFWs due to disease)

III. Art. 57-81

Art. 57 Cases

1. Century Canning Corp v. CA, August 17, 2007


2. Bernardo v. NLRC, July 12, 1999

MODULE 2

I. Employer-Employee Relationship

Sagun v. ANZ Global, G.R. No. 220399, 22 August 2016


Syllabus Syllabus
LVN Pictures Inc. v. Phil. Musicians Guild (110 Phil. 725)
Textbooks Textbooks
Paguio Transport Corporation v. NLRC, G.R. No. 119500, 28 August
1998. Supreme Supreme
Dusol v. Lazo, G.R. No. 200555, 20 January 2021 Court Court
Decisions Decisions

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Teng v. Pahagac, G.R. No. 169704, 17 November 2010.

Dy Keh Beng v. International Labor, L-32245, 25 May 1979.

Francisco v. NLRC, G.R. No. 170087, 31 August 2006.

WPP Marketing Communications, Inc. et al. v. Galera, G.R. No.


169207/G.R. No. 169239, 25 March 2010.

Insular Life Assurance Co. v. NLRC, G.R. No. 84484, 15 November


1989.

Tongko v. Manufacturer’s Life Insurance Company, G.R. No. 167622,


29 June 2010 (See also: 25 January 2011 Resolution)

Corporal v. NLRC, G.R. No. 129315, 2 October 2000, 341 SCRA 658.

Calamba Medical Center v. NLRC, G.R. No. 176484, 25 November


2008.

Sonza v. ABS-CBN Broadcasting Corporation, G.R. No. 138051,


10 June 2004.

ABS-CBN Broadcasting Corporation v. Marlyn Nazareno, G.R. No.


164156, 26 September 2006.

Begino v. ABS-CBN, G.R. No. 199166, 20 April 2015.

Orozco v. Court of Appeals, G.R. No. 155207, 13 August 2008.

Tabang v. NLRC, G.R. No. 121143, 21 January 1997.

Matling Industrial v. Coros, G.R. No. 157802, 13 October 2010.

Malcaba v. Prohealth Pharma Philippines, G.R. No. 209085, 6 June


2018.

Wesleyan University v. Maglaya, G.R. No. 212774, 23 January 2017

Republic v. Asiapro Cooperative, G.R. No. 172101, 23 November


2007.

Uson v. PLDT Employees Credit Cooperative, G.R. No. 253149, 8


February 2023.

Bernarte v. PBA, September 14, 2011

Wesleyan University Phils. v. Maglaya, January 23, 2017

Bishop Shinji Amari of Abiki Baptist Church v. Villaflor, February 17,


2020

Ditiangkin v. Lazada, G.R. No. 246892, September 21, 2022

Del Rosario v ABS CBN, G.R. No. 202481, September 8, 2020

MODULE 3

I. Articles 82-96

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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
A. Conditions of employment
(Articles 82-96) Syllabus Syllabus

Article 82 Textbooks Textbooks

Managerial Employee – Ramil v. Stoneleaf Inc. June 17, 2020 Supreme Supreme
Court Court
1. Hours of work
a. Principles in determining hours worked and employees Decisions Decisions
exempted or not covered
b. Compensable Time
1. Normal hours of work
2. Night shift differential
3. Overtime work
a) Compressed work week
b) Built in overtime
c. Non-compensable hours; when compensable
1. Meal break
2. Power interruptions or brownouts
3. Idle time
4. Travel time
5. Commuting time
6. Waiting time
2. Rest periods
3. Service Charge
4. Service Incentive Leave

Auto Bus Transport v. Bautista, G.R. No. 156367, 16 May 2005

David v. Macasio, G.R. No. 195466, 2 July 2014

√ Include the following:

- Latest Handbook on Workers Statutory Monetary Benefits


- Latest NCR Wage Order
- D.O. No. 184-17 Safety and Health Measures for Workers, who,
by the Nature of their Work, Have to Spend Long Hours Sitting
- D.O. No. 178-17 Safety and Health Measures for Workers, who
by the Nature of their Work, Have to Stand at Work
- R.A. No. 11360 and IRR (for Article 96)
- D.O. No. 20-19, Series of 2019
- (effectivity date of RA September 4, 2019)
- R.A. No. 11036
- D.O. No. 208, S 20. Guidelines for the Implementation of Mental
Health Workplace Polices and Programs for the Public Sector
- RA No. 11165 Telecommuting Act
- DO No. 237-22
- D.O. No. 118-12 Series of 2012
- Expanded Breastfeeding Act
- D.O. No. 143-15 (exemption)
- D.A. 2 Series of 2009 Guidelines on the Adoption of Flexible
Work Arrangements
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MODULE 4

I. Wages

1. Definition, components, and exclusions

a. Wage v. salary (Art. 97, LC; pg. 319, Azucena) Syllabus Syllabus

b. Distinguish: facilities and supplements Textbooks Textbooks


(pg. 321, Azucena)
Supreme Supreme
c. Bonus, 13th month pay (PD No. 851) Court Court
Decisions Decisions
d. Holiday pay (Art. 94, LC)

2. Principles

a. No work, no pay

b. Equal pay for equal work (pg. 325, Azucena)

c. Fair wage for fair work (pg. 324, Azucena)

d. Non-diminution of benefits
(Art. 100, LC; pg. 337, Azucena)

3. Minimum wage (Art. 99, LC; pg. 329, Azucena)

a. Payment of hours worked.

b. Payment by results (Art. 101, LC)

4. Payment of wages (Art. 102, LC – Forms)

5. Prohibitions regarding wages

6. Wage determination

Include the following cases:

I. Article 97 (Wages)

1. Songco et. al. v. NLRC, March 23, 1990


Facts: Private respondent filed an application seeking to terminate the services of
petitioners allegedly on the grounds of retrenchment due to financial losses.
However, petitioners denied such claims, saying that the company is not suffering
from any losses. They alleged that they are being dismissed because of their
membership in the union. In the end, petitioners no longer contest their dismissal.
The parties agreed that the sole issue to be resolved is the basis of the separation
pay which is due to petitioners.
Issue: Whether the earned sales commissions and allowances should be included
in the monthly salary of petitioners for the purpose of the computation of their
separation pay.
Ruling: YES. The law is explicit that commission is included in the definition of
the term “wage”. Commission is defined as the compensation or reward of an
agent, salesman calculated as a percentage on the amount of his transactions or on
the profit to the principal. Since the commissions in the present case were earned
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2nd Sem. 23-24
by actual market transactions attributable to petitioners these should be included in
their separation pay. In the computation thereof, what should be taken into account
is the average commissions earned during their last year of employment.

2. Millares et. al v. NLRC, March 29, 1999

(Facilities v. supplements)
3. SLL International Cables Specialist et. al. v. NLRC, March 2,
2011

II. 13th month pay PD.851

1. Central Azucarera de Tarlac v. Central Azucarera de Tarlac


Labor Union, July 26, 2010

III. Article 100

1. American Wire and Cable Daily Rated Employees Union v.


American Wire and Cable Co. Inc., April 29, 2005
2. TSPIC Corp v. TSPIC Employees Union (FFW), February 13,
2008
(bonus)
3. Lepanto Ceramics Inc. v. Lepanto Ceramics Employees
Association, March 2, 2010
4. Eastern Telecom Phils. v. Eastern Telecoms Employees Union,
February 8, 2012
5. Kondo v. Toyota, September 11, 2019 (discussion of
diminution of benefits) also for constructive dismissal and
abandonment

IV. Article 106

D.O. No. 174-17


E.O. No. 51 Series of 2018

1. GSIS v. NLRC, November 17, 2010


2. Aliviado et. al. v. Proctor and Gamble Philippines, June 6, 2011
3. Mandaue Galleon Trade Inc. v. Andales, et. al, March 7, 2008
4. Spic n’span Services Corporation v. Paje et. al., August 25,
2010
5.Alaska case, November 21, 2019 (Job contracting)
6. G&S Transport v. Media, September 5, 2022

V. Article 110

1. DBP v. NLRC, March 1, 1995

VI. Article 113

1. SHS Perforated Materials Inc. v. Diaz, October 13, 2010

DO No. 195 S 2018, Rules Amending Section 10 of Rule VIII

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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
of IRR on Wage Deduction (amended Rule VIII, Section 10 on
Payment of Wages)

*When the deductions are with the written authorization of the


employees for payment to the EMPLOYER and third person ….

VII. LA No. 11 Series 2014

VIII. L.A. 14 Series of 2021, Working Conditions of Delivery


Riders in Food Delivery and Courier Service

*Sets out guidelines on general labor standards, occupational


and safety and health standards, as well as better working
conditions for delivery riders in food and courier activities
using digital platform.

MODULE 5

I. Article 118

Panaligan v. Phyrith Enterprises Corp., June 21, 2017


Syllabus Syllabus
Leaves
1. Labor Code
Textbooks Textbooks
a. Service Incentive Leave
Supreme Supreme
2. Special laws
a. Parental leave for solo parents (R.A. No. 8972 as amended by Court Court
R.A. No. 11210) Decisions Decisions
b. Expanded maternity leave (R.A. No. 11210)
c. Paternity leave (R.A. No. 8187 as amended by R.A. No.11210)
d. Gynecological leave (R.A. No. 9710)
e. Battered woman leave (R.A. No. 9262)

√ Include the following:

- Expanded Maternity Leave Law RA 11210 (and its IRR)


- DA 1, S 2019, Guidelines in the Computation of Salary
Differential of Female Workers During her Maternity Leave
- DA 1-A-19 Clarification on Tax Treatment of Salary Differentials
in Relation to Maternity Benefits under RA No. 11210

Case:
Dominga Cabug-os v. Espina, August 8, 2022 (barangay micro
business – min. wage)

II. Article 124

1. P.I. Manufacturing Inc. v. P.I. Manufacturing Supervisors and


Forman Association, February 4, 2008

2. Bankard Employees Union-Workers Alliance Trade Unions v.


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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
NLRC, February 17, 2004

Article 130-131 repealed.

See new provisions on 154-161 under RA 10151

Article 134 (formerly Article 136)

1.Zialcita v. PAL February 20, 1977


2. Star Paper Corporation v. Simbol, April 12, 2006

IV. Sexual harassment


Definition
Duties and liabilities of employers.

Sexual Harassment Act (R.A. No. 7877)

1. Domingo v. Rayala, February 18, 2008


2. Phil. Aeolus Automotive United Corp. v. NLRC, April 28,
2000

R.A. No. 11313 An Act Defining Gender Based Sexual


Harassment in Streets, Public Places, Office, Workplace and
Educational or Training Institutions (Safe Spaces Act) and its
IRR.

3. LBC v. Palco, February 12, 2020

III. Article 139 (formerly Article 141)

1. Apex Mining Co. v. NLRC, April 22, 1991

Domestic Workers Act and its IRR and recent wage order on DW
LA No. 10, S 18, Entitlement of Kasambahay to other benefits
LA No. 17, S 2018 and LA 35, Series of 2020

Atienza v. Saluta, June 17, 2019 (Family drivers)

Other workers:
Homeworkers
Security Guards (D.O. No. 150-16)

MODULE 6

I. Health. Safety and Welfare Benefits

Compensability Syllabus Syllabus

1. GSIS v. CA, January 2008 Textbooks Textbooks


2. Salome v. ECC, September 26, 2000
3. Heirs of Deauna v. Fil Star Maritime Corporation, June 20, 2012 Supreme Supreme

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2nd Sem. 23-24
4. Debaudin v. SSS, September 21, 2007 Court Court
5. Austria v. CA, August 12, 2002 Decisions Decisions
6. Gatus v. SSS, January 26, 2011
7. Republic of the Phils. v. Mariano, March 28, 2003
8. Magsaysay Maritime Corporation v. Lobusta, January 25, 2012
9. SSS v. Azote, April 15, 2015
10. Marlow Navigation v. Ganal, June 7, 2017
11. Seapower Shipping v. Subanal, June 19, 2017
12. GSIS v. Pauig, January 30, 2017
13. CF Sharp v. Castillo, April 19, 2017
14. Lemancito v. BSM Crew Service Center, February 3, 2020
15. Abundo v. Magsaysay Maritime, November 20, 2019 (referral to third
physician)
16. Phil. Transmarine Carrier v. Manzano, March 18, 2021
17. Oceanmarine Corp. v. Nedic, July 19, 2022

R.A. No. 11058


D.O. No. 198 S 2018, IRR of R.A. No. 11058
An Act Strengthening Compliance with Occupational Safety and Health
Standards.

MODULE 7

I. Social Legislation

A. Social Security System Law (R.A. No. 11199)


1. Coverage and exclusions
Syllabus Syllabus
2. Dependents and beneficiaries
3. Benefits
Textbooks Textbooks
1. SSC v. Azcote, April 15, 2015
Supreme Supreme
2. SSS v. Favilla, March 28, 2011
3. Mendoza v. People, August 3, 2010 Court Court
4. SSS v. Signey, January 28, 2008 Decisions Decisions
5. SSS v. Jarque, March 24, 2006

B. Government Service Insurance System Law (R.A. No. 8291)


1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits

1. Gersip Association v. GSIS, October 16, 2013


2. GSIS v. De Leon, November 17, 2010
3. GSIS v. Alcaraz, February 6, 2013

C. Limited Portability law (R.A. No. 7699)

D. Disability and death benefits


1. Labor Code
2. Employees Compensation and State Insurance Fund
3. POEA contract

POEA STANDARD TERMS AND CONDITIONS GOVERNING THE


OVERSEAS EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
OCEAN-GOING SHIPS 2010; Secs 20, 32, and 32-A

√ Include the following:

D.O. No. 65-04, IRR of R.A. No. 9231 as amending R.A. No.
7610.
D.C. No. 2 Series of 2018.
Magna Carta of Disabled Persons
Expanded Senior Citizens Act and its IRR
R.A. No. 10911 and its IRR, Anti-Age Discrimination in
Employment Act

MIDTERM EXAMINATIONS

MODULE 8

Article 219 (formerly Article 212)


Syllabus Syllabus
Definition of Labor Dispute
Citibank v. CA, November 27, 1998 Textbooks Textbooks
PAL v. NLRC, March 20, 1998
San Miguel Corporation Employees Union v. Bersamira, June 13, Supreme Supreme
1990 Court Court
Decisions Decisions
Reasonable Causal Connection Rule
San Miguel Corporation v. Etcuban, G.R. No. 127639, 3 December
1999
Kawachi v. Del Quero, G.R. No. 163768, 27 March 2007
Eviota v. Court of Appeals, G.R. No. 152121, 29 July 2003
Indophil Textile Mills v. Adviento,
G.R. No. 171212, 4 August 2014

Managerial Employee
Penaranda v. Bagong Plywood Corp, May 3, 2006

Article 224 (formerly Article 217)

Jurisdiction of Labor Arbiter

Pondoc v. NLRC, October 3, 1996


Villamaria v. CA, April 19, 2006
Mendoza v. Officers of Manila Water Employee’s Union, January
25, 2016 (ULP)
Atlas Farms v. NLRC, November 18, 2002 (Termination Dispute)
Negros Metal v. Lamayo, August 25, 2010 (Termination Dispute)
Vivero v. CA, October 24, 2000 (Termination Dispute)
University of Immaculate Concepcion v. NLRC, January 26, 2011
(Termination Dispute)
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2nd Sem. 23-24
Austria v. NLRC, August 16, 1999 (Termination Dispute) (priest)
Reyes v. RTC Makati Branch 42, August 11, 2008 (Termination
Dispute)
Locsin v. Nissan Lease Philippines October 20, 2010
(Intracorporate dispute)
Weslayan University v. Maglaya, January 23, 2017 (Termination
Dispute)
Cacho v. Balagtas, February 7, 2018 (Termination Dispute)
Paredes v. Feed the Children Philippines, September 9, 2015
(damages)
Lunzaga v. Albar Shipping, April 18, 2012 (damages)
Santos v. Servier Philippines Inc. November 28, 2008 (Tax
deduction) (damages)
World’s Best Gas v. Vital, September 9, 2015 (damages)
Halaguena v. PAL October 2, 2009 (damages)
Pepsi Cola v. Gal-lang, September 24, 1991 (damages)
Banez v. Valdevilla, May 9, 2000 (damages)
Milan v. NLRC, February 4, 2015 (damages)
Amecos Innovations v. Lopez, July 2, 2014 (damages)
PAL v. ALPAP, February 26, 2018 (damages)
Dai-chi Electronics v. Villarama, November 21, 1994 (damages)
People’s Broadcasting Service v. Sec of Labor, March 6, 2012
(DOLE can determine existence of EE Rel and summary on Articles 128,
129 and 224)
Ex-Bataan Veterans Security Agency v. Sec.Laguesma,
November 20, 2007 (in relation to Articles 128 and 129)
Meteoro v. Creative Creatures, July 13, 2009 (in relations to
Articles 128 and 129)
Okol v. Slimmers World December 11, 2009
Santiago v. CF Sharp Crew Management , July 10, 2007 (OFW)
Industrial Personnel and Management Services v. De Vera, March
7, 2016 (OFW)
Ace Navigation v. Fernandez, October 10, 2012 (OFW)
Estate of Nelson Dulay v. Aboitiz Jebsen Maritime (OFW)
LRTA v. Alvarez, November 18, 2016 (related to GOCC)
GSIS v. NLRC, November 17, 2010 (related to GOCC)
Duty Free Phils. V. Mojica, September 30, 2005 (related to
GOCC)
WPP Marketing Comunications v. Galera, March 25, 2010 (with
foreign element)
Pakistan International Airlines v. Ople, September 28, 1990 (with
foreign element)
PNB v. Cabansag, June 21, 2005 (with foreign element)
Manila Hotel v. NLRC, October 13, 2000 (with foreign element)
Saudi Arabian Airlines v. Rebesencio, January 14, 2015 (with
foreign element)
Continental Micronesia v. Basco, September 23, 2015 (with
foreign element)
Kawachi v. Del Quero, March 27, 2007 (reasonable causal
connection rule)
Perpetual Help Credit Cooperative Inc. v. Faburada, October 8,
2001(in relation to cooperatives)
7K Corp. V. Albanco, June 26, 2013
Kawachi et. al. v. Del Quero, March 27, 2007 (reasonable causal
connection)
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2nd Sem. 23-24
San Miguel v. Semillano, July 5, 2010 (in relation to
cooperatives)
Ellao v. BATELEC, July 9, 2010 (in relation to cooperatives)
Comscentre v. Ricio, January 22, 2020 (refund of employment
bond)
Gemudiano v. Naess Shipping, January 20, 2020
Pasay City Alliance Church v. Benito, November 28, 2019
Tumaodos v. San Miguel, February 15, 2020
Peak Ventures Corp. v. Sec of Labor, July 20, 2022
Uson v. PLDT February 8. 2023 (cooperative)
Esico v. Alphaland, November 17, 2021

√ Including the following:

D.O. No. 151-16


R.A. 10396 (SENA)
2011 NLRC Rules of Procedure (as amended) with the 2019
amendments
En Banc Resolution 03-20 Series of 2020 (Interim Amendment to
the 2011 NLRC Rules)
NLRC Manual on Execution
NLRC Sheriff’s Manual
NLRC En Banc Resolution 1-19 (S19) Double indemnity against
employer who refuses to pa
NLRC En Banc Resolution 3-19 (S19) Non payment of fees
Zonio v. 88 Aces Maritime Services , October 16, 2019
(for prescription of action)

Article 225 (formerly Article 218)

PAL v. NLRC, March 20, 1998


Landbank of the Phils. v. Listana, August 5, 2008
Robosa v. NLRC, February 8, 2012.
Jolo’s Kiddie v. Cabilla, November 29, 2017
Frondozo v. Meralco, August 22, 2017
Bisig Mangagawa sa Concrete Aggregates v. NLRC, September
16, 1993

Article 227 (formerly Article 221)

Meralco v. Gala, March 7, 2012


Nationwide Security and Allied Services v. CA, July 14, 2008
Diamond Taxi v. Llamas, March 12, 2014
Sara Lee v. Macatlang, January 14, 2015
Dela Rosa Liner v. Borela, July 29, 2015
Magsaysay Maritime v. De Jesus, August 30, 2017.

Article 229 (formerly Article 223)

GBMLT Manpower v. Malinao, July 6, 2015


Orozco v. CA, April 29, 2005
Lepanto Consolidated Mining v. Icao, January 15, 2014
Forever Security v. Flores, September 7, 2007
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
UERM- Memorial Medical Center v. NLRC, March 3, 1997
Manila Mining v. Amor , April 20, 2015
Banahaw Broadcasting v. Pacana, May 30, 2011
Mc Burnie v. Ganzon, October 17, 2013
Sara Lee Phils. V. Macatlang, January 14, 2015
AFP General Insurance v. Molina, June 30, 2008
Islriz Trading v. Capade et. al. January 31, 2011 (payment of
accrued salaries pending appeal before the NLRC)
FSFI v. NLRC, December 11, 2003
Buenaobra v. Lim King Guan, January 20, 2004
Bergonio v. SEAIR, April 21, 2014 (accrued wages).
Loon v. Power Master , December 11, 2013.
Waterfront Cebu City Casino v. Ledesma, March 25, 2015. (Rule
65)
Balite v. SSS Ventures, February 4, 2015
Turks Shawarama v. Pajaron, January 16, 2017
The Red Systems Co. v. Macalino, September 21, 2022 (appeal)
Nedira v. NJ World. December 6, 2022

Reinstatement Aspect of LA’s Decision

Pioneer Texturizing Corporation v. NLRC, 1997 case


Roquero v. PAL, 2 April 2004
Air Phil Corp. v. Zamora, August 7, 2004
Lansangan v. Amkor Technology Philippines, January 30, 2009
Genuino v. NLRC, December 4, 2007
Garcia et al. v. PAL, January 20, 2009
Mt. Carmel College v. REsuena October 10, 2007
Buenviaje v. CA, November 12, 2002
Pfizer Inc. v. Velasco, March 9, 2011
Wenphil Corp. v. Abing, April 7, 2014
Smart Communications v. Solidum, April 15, 2015
Manila Doctors College v. Oloroes, October 3, 2016

Article 230 (formerly Article 224)

Sy et. al., v. Fairland Knitcraft Co., December 12, 2011


IBM Nestle v. Nestle Phils, September 23, 2015
Yupangco Cotton Mills v. CA, January 16, 2002
Ando v. Campo, February 16, 2011
PAL v. Bischara, September 2, 2015
Guillermo v. Uson, March 7, 2016
Dutch Movers Inc. v. Lequin et al, April 25, 2017 (Piercing the
veil of corporate fiction)
Genuino Agro v. Romano, September 18, 2019 (Piercing the veil
of corporate fiction)
Carag v. NLRC, April 2, 2007
Roca v. Dabuyan, March 5, 2018
Fernandez et. al. v. NewfieldStaff Solution, July 10, 2013
Amoroso v. Vintage Drilling, August 8, 2022 (Doctrine of
Piercing the Corporate Veil)

Reliefs against judgments/ decisions rendered by the


Commission
Page 15 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Petition for Certiorari under Rule 65
1. St. Martin Funeral Homes v. NLRC, September 16,
1998
2. Veloso v. China Airlines, July 14, 1999
Appeal of the CA decision to the SC
1. Stanfilco v. Tequillo, July 17, 2019
2. Hanjin Engineering v. CA, April 10, 2006

Seafarer’s Protection Act and its IRR D.O. No. 153-16

Article 232 (formerly Article 226)

Employees Union of Bayer Phils. v. Bayer Phils, Dec. 6, 2010


Montaño v. Verceles, July 26, 2010
Diokno et al., v. Cacdac, July 4, 2007
La Tondeña Workers Union v. Secretary of Labor, December 9,
1994
Abbot Laboratories v. Abbot Laboratories Employee Union,
January 26, 2000
Takata Corporation v. BLR, June 4, 2014

Article 233 (formerly Article 227)

Magbuana v. Uy, May 6, 2005


Philippine Transmarine Carrier v. Pelagio, August 12, 2015
Magsaysay Maritime v. De Jesus, August 30, 2017
Solomon et . al. v. Powertech Corp., January 22, 2008
Philippine Journalists Inc., v. NLRC, September 5, 2006
Periquet v. NLRC, June 22, 1990
Aujero v. Philcomsat, January 18, 2012
Carolina’s Lace Shoppe v. Maquilan, April 10, 2019

Article 238 (formerly Article 232)

Colegio De San Juan De Letran v. Association of Employees and


Faculty of Letran et. al, September 18, 2000

MODULE 9

I. Article 240 (formerly Article 234)

Mariwasa Siam Ceramics, Inc. v. Sec of Labor, December 21,


2009
Syllabus Syllabus
Electromat Manufacturing and Recording Corporation v.
Lagunzad et. al., July 27, 2011 (only related to Article 234)
Textbooks Textbooks
Eagle Ridge Golf and Country Club v. CA, March 18, 2010 (old
law)
Supreme Supreme
Certificate of Registration of a Labor Organization Court Court
Decisions Decisions
1. Tagaytay Highlands International Golf Club Inc. v. Tagaytay

Page 16 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Highlands Employees Union PGTWO, January 22, 2003
2. SS Ventures International Inc. v. SS Ventures Labor Union, July
23, 2008

II. Articles 245-248 (formerly Articles238-239)

Heritage Hotel Manila v. NUWHRAIN-HHMSC, January 12,


2011
Republic of the Phils. v. Kawashima Textile Manufacturing,
July 23, 2008
AIM Faculty Association v. AIM, August 31, 2022

III. Article 250 (formerly Article 241)

Del Pilar Academy et. al. v. Del Pilar Academy’s Employee’s


Union , April 30, 2008
Edgardo Marino Jr. et. al. v. Gamilia, July 7, 2009
Ergonomic Systems Phil Inc. v. Enase, December 13, 2017

IV. Article 251 (formerly Article 242)

Heritage Hotel Manila v. NUWHRAIN-HHMSC, January 12,


2011
Abaria v. NLRC, December 7, 2011
Peninsula Employees Union v. Esquivel, December 1, 2016
Ergonomic Systems v. Enaje, December 13, 2017 (affiliation and
disaffiliation)

Nature of CBA

1. Weslayan University Phils. v. Weslayan University Philippines


Faculty and Staff Association, March 12, 2014

V. Article 253 (formerly Article 243)

Samahan ng Mangagawa sa Hanjin Shipyard v. BLR, October 14, 2015


United Pepsi Cola Supervisory Union v. Laguesma, March 25, 1998
Metrolab Industries v. Confesor, February 28, 1996
San Miguel Foods v. San Miguel Corporation Supervisors and Exempt
Union, August 1, 2011

VI. Article 255 (formerly Article 245)

SMCC v. Charter Chemical and Coating Corp., March 16, 2011


Cathay Pacific Steel Corp. V. CA, August 30, 2003
AIM v. AIM Faculty Association, January 23, 2017

VII. Article 256 (formerly 245-A)

1. Holy Child Catholic School v. Sto. Tomas, July 23, 2013

VIII. Articles 258-260 (formerly Articles 247-249)

Page 17 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
T&H Shopfitters Corporation v. T&H Shopfitters Union,
February 26, 2014
Ren Transport v. NLRC, June 27, 2016
Digital Telecommunications Phils. v. Digitel Employees Union,
October 10, 2012
General Santos Coca-Cola Plant Free Workers Union Tupas v.
Coca-Cola Bottlers, Phils. Inc., February 13, 2009
UST Faculty Union v. UST April 7, 2009
Phil. Skylanders Inc. v. NLRC Jan 31, 2002
Tropical Hut Employee’s Union v. Tropical Hunt Foot Market
Inc. January 20, 1990
Purefoods Corp. v. Nagkakaisang Samahang Mangagawa ng
Purefoods Rank and File, August 28, 2008
De la Salle University v. DLSUEA-NAFTEU, April 7, 2009
MSMG_UWP v. Ramos, February 28, 2000
Alabang Country Club v. Nlrc, February 14, 2008
Standard Chartered Bank Employees union v. Confesor, June 16, 2004
GMC v. CA, February 11, 2004
Hacienda Fatima v. NFSW Food and General Trade, January 28, 2003
St. John Colleges Inc. v. John Academy Faculty and Employees union
October 27, 2006
Central Azucarera De Bais Employees Union NFL v. Central Azucarera De
Bais Inc. Nov 17, 2010
UFE-DFA-KMU v. Nestle Phils. Inc. March 3, 2008
Malayang Mangagawa ng Stayfast v. NLRC, August 28, 2014.
Holy Child Catholic School v. Sec of Labor, July 23, 2013.
Employee of Bayer Phils. v Bayer Phils.
SACORU v. CCBPI, October 4, 2017
SWOFLU v. Universal Robina Corp, July 5, 2017
PEU v. Esquivel et al, December 1, 2016

MODULE 10

I. Article 263 (formerly Article 252)

UFE-DFA-KMU v. Nestle Phils. Inc. March 3, 2008


UST Faculty Union v. UST April 7, 2009
General Milling Corporation v. CA, February 2004 Syllabus Syllabus
Kiok loy v. NLRC, January 22, 1986)
Colegio de San Juan de Letran Case (September 18, 2000) Textbooks Textbooks
PAL v. PALEA, March 12, 2008
FVC Labor Union v. SANAMA-FVC-SIGLO, November 27, Supreme Supreme
2009
Court Court
Decisions Decisions
II. Article 265 (formerly Article 253-A)

FVC Labor Union- Phil. Transport and General Workers


Association v. SANAMA-FVC-SIGLO, November 27, 2009
SMCEU-PTGWO v. Confesor, September 19, 1996
HBILU v. HSBC, February 28, 2018
Manila Electric Co. v. Quisumbing, February 22 and August 1,

Page 18 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
2000 (Resolutions)

III. Article 267 (formerly Article 255); Department Order No.


40-J, Series of 2022

International School Alliance of Educators v. Quisumbing, June 1,


2000
National Association of Free Trade Unions v. Mainit Lumber
Development Company Workers Union, December 21, 1990

IV. Article 268 (formerly Article 256)

Picop Resources Inc. v. Dequilla et al. December 7, 2011


National Union of Workers in Hotels, Restaurants and Allied
Industries- Manila Pavillon Hotel Chapter v. Sec of Labor, July 31, 2009
Coca Cola Bottlers v. Ilocos Professional and Technical
Employees Union, September 9, 2015

V. Articles 273-274 (formerly Articles 260-261)

Santuyo et. al. v. Remerco Garmets Manufacturing Inc. March


22, 2010 (in relation to 217)
Teng v. Pahagac, Nov. 17, 2010
Samahan ng mga Mangagawa sa Hyatt (SAMASAH-
NUWHRAIN) v. Magsalin, June 6, 2011
Baronda v. CA, October 14, 2015
NYK-FIL Ship Management v. Dabu, September 13, 2017
Guagua National Colleges v. CA, August 28, 2018
Octavio v. PLDT, February 27, 2013

VI. Articles 278-279 (formerly Articles 263-264)

Abaria v. NLRC, December 7, 2011


YSS Employees Union v. YSS Laboratories Inc., December 4,
2009
NUWHRAIN-APL-IUF Dusit Hotel Nikko Chapter v. CA,
November 11, 2008
Jackbilt Industries Inc., v. Jackbilt Employees Workers Union-
NAFLU-KMU, March 20, 2009
NCMB primer on strikes and lockouts
APAP v. PAL, June 6, 2011
Olisa et. al. v. Escario Et. al. VCMC v. Yballe, January 15, 2014
Tavangao Shell Refinery Employees Association v. Pilipinas
Shell, April 7, 2014.
Asia Brewery Inc. v. TPMA, September 18m, 2013.
DO 40-G-3 Series of 2010
DO 40-H-3 Series of 2013
Operation Guidelines of DO 40-G-3 Series of 2010
Escario Et. al. v NLRC 2010 case (Article 264 in rel to 279)
University of San Augustin Employees Union v. CA, (2006 case)
Phil Diamond Hotel and Resort Inc. v. Manila Diamond Hotel
Employees Union, 494 SCRA 336
Solidbank v. Gamier, November 15, 2010
Page 19 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
C Alcantara & Sons v. CA, September 29, 2010 and March 2012
Sukhothai Cuisine and Restaurant v. CA, 495 SCRA 336
Biflex Phils. Inc. Labor Unions v. Filflex Industrial
Manufacturing Corporation, 511 SCRA 247
Sta. Rosa Coca Cola Plant Employee’s Union v. Coca-cola
Bottlers Phils. Inc., 512 SCRA 437
Manila Hotel Employee’ Association v. Manila Hotel Corporation
517 SCRA 349
G&S Transport Corporation v. Infante, 533 SCRA 289
Steel Corporation of the Phils. v. SCP Employees Union National
Federation of Labor Unions, 551 SCRA 595
Chris Garments Case (January 2009)
University of Immaculate Concepcion v. Sec of Labor, September
14, 2006.
Ramirez v. Polyson Industries, October 19, 2016
Bigg’s v. Boncacas, March 6, 2019

VII. Article 290 (formerly Article 275)

1. R.A. 10395 Tripartism Law


2. D.O. No. 140-14

VIII. Article 292 (b) [formerly Article 277 (b) ]

St. Lukes Medical Center Inc. v. Notario, October 20, 2010


Aliling v. World Express Corp., April 25, 2012
Perez v. PT&T April 9, 2009
Distribution and Control Products Inc. v. Santos, July 10, 2017
Agabon v, NLRC, November 17, 2004
King of Kings Transport v. Mamac, June 29, 2007
Puncia v. Toyota Shaw, June 28, 2019
Jaka Food Processing v. Pacot, March 28, 2005
Abbot Laboratories v. Alcaraz, July 23, 2013

D.O. No. 147 -15

IX. Article 294 (formerly Article 279)

1. Agabon v. NLRC, November 17, 2004


2. Jaka Food Processing Corp. v. Pacot, March 28, 2005
3. Culili v. Eastern Telecommunications Phils. Feb 9, 2011
4. Serrano v. Gallant Maritime March 24, 2009)
5. Yap v. Thenamaris Ship’s Management May 30, 2011(for OFW
re RA 8042 as amended by RA 10022
6. Bank of Lucbao v. Manabat, Feb 1, 2012
7. St. Mary’s Academy v. Palacio et. al. September 8, 2010 (Eg./
Limited backwages)
8. Toyota Motor Phils. Corp. Workers Association v. NLRC,
October 19, 2007
9. Bristol Myers Squibb Inc. v. Haban, December 17, 2008
10. Yrasuegui v. PAL, October 17, 2008
11. Dreamland Hotel Resort v. Johnson, March 12, 2014 (separation
pay and strained relations)
12. Manila Water v. Del Rosario, January 29, 2014 (separation pay)
Page 20 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
13. Nacar v. Gallery Frames, August 13, 2013 ( interest rate)
14. Bani Rural Bank Inc. v. De Guzman et. al., November 13, 2013
( computation)
15. Lara’s Gift & Decors v. Midtown Industrial Sales, August 28,
2019 (revised rules on interest)
16. Session Delights v. CA, February 8, 2010 (backwages in relation
to immutability of judgment)
17. United Coconut Chemicals v. Almores, July 12, 2017 (inclusions
in backwages, employer liability in illegal dismissal done in
relation to a union security clause)
18. Universal Robina Corp. v. Castillo, July 10, 2013.
19. Baptista v. Villanueva, July 31, 2013.
20. BPI Employees Union Davao City v. BPI , July 24, 2013.
21. Integrated Microelectronics v. Pionelles, August 28, 2013.
22. Golden Ace Builders v. Talde, May 5, 2010.
23. Metroguards Security Agency Corp. v. Hilongo, March 9, 2015.
24. Maersk-Filipinas Crewing Inc. v. Avestruz, February 18, 2015
(OFW)
25. Villena v. Batangas II Electric, February 4, 2015.
26. Sangwoo Phils. v. SangWoo Philippines Employees Union,
December 9, 2013
27. Papertech v. Kando, January 8, 2020 (doctrine of strained
relations)
28. Olympia Housing v. Pastora, January 13, 2016 (reinstatement no
longer possible due to closure; grant of backwages and separation
pay to run up to date of closure)
29. Claudia’s Kitchen v. Tanguin, June 28, 2017 (Separation pay in
lieu of reinstatement, when proper)
30. Dumapis v. Lepanto, September 15, 2020

MODULE 11

I. Article 295 (formerly Article 280) Syllabus Syllabus

Lynvil Fishing Enterprises Inc. v. Ariola, February 1, 2012 Textbooks Textbooks


Sonza v. ABS CBN Broadcasting corp, June 10, 2004
Consolidated Broadcasting Systems Inc. v. Oberio June 8, 2007 Supreme Supreme
Orozco v. CA, August 13, 2008 Court Court
William Uy Construction Corp. v. Trinidad, March 10, 2010 Decisions Decisions
DM Consunji Inc. v. Jamin April 18, 2012
Aro et. al. v. NLRC March 7, 2012
Universal Robina Sugar Milling Corp v. Acibo et. al, January 15,
2014 (R. Seasonal Employees).
GMA Network Inc. v. Pabriga, November 27, 2013.
Pasas v. PNCC, July 3, 2013.
Gapayao v. Fulo, June 13, 2013
Millennium Erectors Corp. v. Magallanes, November 15, 2010
Caparoso et. al. v. CA, February 15, 2007
Spouses Lim v. Legaspi Hope Christian School et. al., March 31,
2009
DM Consunji v. Gobres et. al, August 8, 2010
Mercado et. al. v. Ama Computer College, April 13, 2010
Page 21 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Brent School v. Zamora (Fixed)
Pure Foods Corporation v. NLRC December 12, 1997 (term)
Leyte Geothermal Power Progressive Employees Union v. PNOC,
March 30, 2011 (project)
Salazar v. NLRC (1996 CASE)
Fonterra Brands Phil v. Lagardo, March 18, 2015 (project
employee/resignation/labor contractor)
Basan v. Coca Cola Bottles, February 4, 2015.
Convoy Marketing Corp. v. Albia, October 7, 2015.
Jamias v. NLRC, March 9, 2016
Gadia v. Sykes Asia, January 28, 2015 (project)
Innodata Knowledge Services v. Inting, December 6, 2017
Pacific Metal Case, December 5, 2019 (Project/ Regular
Employee)
Claret School of QC v. Sinday, October 9, 2019 (fixed term
contract)
Gapayao v. Fulo, June 13, 2013 (Seasonal)
Paz v. Northern Tobacco Redrying Co. (Seasonal)
Kimberly Independent Labor Union v. Drilon, May 9, 1990
(casual)
Philippine Geothermal Inc. v. NLRC, August 30, 1990 (casual)
Samonte v. La Salle Greenhills, February 10, 2016 (fixed)

II. Management Prerogative

1. St. Luke’s Medical Center v. Sanchez, March 11, 2015


(Discipline)
2. Philippine Span Asia Carriers v. Pelayo, February 28, 2018
(discipline)
3. Zuellig Freight and Cargo System v. NLRC, July 22, 2013.
4. Peckson v. Robinsons Supermarket Corp. , July 3, 2013. (transfer)
5. Gatbonton v. NLRC (preventive suspension), January 23, 2006
6, Automatic Appliances v. Deguidez, December 4, 2019 (transfer)
7. Telus case, December 4, 2019 (transfer, floating status, constructive
dismissal)
8. Puncia v. Toyota Shaw, June 28, 2016, (right to impose productivity
standard)
9. Duncan Association of Detailman-PTGWO v. Glaxo Wellcome,
September 17, 2004 (rule on marriage)
10. Tiu v. Platinum Plans, February 28, 2007 (post-employment ban)
11. The Phil. Geothermal Inc v. Unocal Phil, September 28, 2016
12. SME Bank v. Peregrin, October 8, 2013

III. Article 296 (formerly Article 281)

Tamson’s Enterprises Inc.et. al. v. CA, March 16, 2011


Hacienda Primera Development Corporation v. Villegas, April 11,
2011
Universidad De Sta. Isabel v. Sambajon, April 2, 2014
Univac Development v. Soriano, June 19, 2013.
Abbott Laboratories v. Alcaraz, July 23, 2013.
Colegio de Santisimo Rosario v. Rojo, September 4, 2013.
( Teacher)
Phil. Daily Inquirer v. Magtibay, July 24, 2007
Page 22 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Alcira v. NLRC, June 9, 2004
Mercado v. Ama Computer College (Probi status of fixed term
employees)
Oyster Plaza Hotel v. Melivo, October 5, 2016

IV. Article 297 (formerly Article 282)

1. Serious Misconduct
a. Imasen Philippine Corporation v. Alcon, G.R. No. 194884, 22
October 2014 (elements of
b. Northwest Airlines v. Del Rosario, G.R. No. 157633, 10
September 2014 (Definition of fight; fighting as serious misconduct)
c. Citibank v. NLRC, G.R. No. 159302, 6 February 2008 (Attitude
problem as serious misconduct)
d. Mirant Philippines v. Caro, G.R. No. 181490, 23 April 2014
(refusal to undergo drug test not necessarily serious misconduct)
e. Nacague v. Sulpicio Lines, G.R. No. 172589, 9 August 2010
(required proof for dismissal for use of drugs, drug use as serious
misconduct)
f. Leus v. St. Scholastica’s College, G.R. No. 187226, 28 January
2015 (immorality)
g. Cadiz v. Brent Hosptial, February 24, 2016
h. Sterling Paper Products v. KMM-Katipunan, August 2, 2017
(invectives)
i. Maribago Resort v. Dual, July 20, 2010
j. Benitez v. Santa Fe Moving and Relocation Services April 20,
2015.
k. Domingo v. Rayala 2008 case (sexual harassment)
l. The Coca-Cola Export Corporation v. Gacayan, December 15,
2010
m. Holcim Phil. v. Obna, August 8, 2016
n. Waterfront Cebu City Casino Hotel v. Ledesma, March 25, 2015
(misconduct)
o. Naguit v. San Miguel, June 22, 2015 (fighting)
p. Adamson University Faculty & Employees Union v. Adamson
University, March 9, 2020 (use of expletives as a casual expression of
surprise)

2. Gross insubordination/Willful disobedience


a. Coffee Bean and Tea Leaf v. Arenas, G.R. No. 208908, 11 March
2015
b. Lores Realty Enterprises v. Pacia, G.R. No. 171189, 9 March
2011 (good faith refusal to obey a lawful order)
c. ePacific Global Contact Center v. Cabansay, G.R. No. 167345,
23 November 2007 (refusal to comply with lawful order)
d. Tongko v. The Manufacturer’s Life Insurance Co. Inc., November
7, 2008 (willful disobedience)
e. Pharmacia and Upjohn Inc. v. Albayda Jr., August 23, 2010
(refusal to be transferred)
f. St. Luke’s Medical Center v. Sanchez, March 11, 2015. (Willful
disobedience)

Page 23 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
3. Gross and habitual neglect
a. St. Luke’s Medical Center v. Notario, G.R. No. 152166, 20
October 2010 (negligence must not only be gross but habitual, single act
does not suffice)
b. LBC Express v. Mateo, G.R. No. 168215, 9 June 2009 (single act
of negligence leading to loss of substantial amount justified dismissal)
c. Mansion Printing Center v. Bitara, G.R. No. 168120, 15 January
2012 (habitual tardiness and absenteeism as grounds for dismissal, totality
of infractions)
d. Cavite Apparel v. Marquez, G.R. No. 172044, 6 February 2013
(Four absences over six month period, not gross and habitual neglect,
dismissal not commensurate to the infraction)
e. Manarpiis v. Texan Philippines, G.R. No. 197011, 28 January
2015 (Requisites for abandonment)
f. School of Holy Spirit of Quezon City v. Taguiam, July 14, 2008
(gross and habitual neglect)

4. Fraud
a. Philippine Airlines v. NLRC, G.R. No. 126805, 16 March 2000
(Fraud need not lead to actual loss to justify dismissal)

5. Loss of confidence/Breach of trust


a. Sta. Ana v. Manila Jockey Club, G.R. No. 208459, 15 February
2017 (requisites for breach of trust)
Hormillosa v. Coca-Cola Bottlers Philippines, G.R. No. 198699, 9
October 2013 (Non-managerial employees)
b. Manese v. Jollibee Foods Corporation, G.R. No. 170454, 11
October 2012 (Managerial employee)
c. Grand Asian Shipping Lines Inc., v. Galvez, January 29, 2014
(loss of trust)
d. Bluer than blue Joint Ventures Co. v. Esteban, April 7, 2014.
(how to determine if employees job is imbued with trust and confidence)
e. Concepcion v. Minex Import Corporation, January 24, 2012 (loss
of trust and confidence, criminal prosecution not a requisite for validlity of
dismissal)
f. Manila Jockey Club v. Trajano, June 26, 2013.

6. Commission of a crime
a. Reno Foods v. Nagkakaisang Lakas ng Manggagawa, G.R. No.
164016, 15 March 2010 (acquittal does not invalidate dismissal for
commission of a crime)
b. Lynvil Fishing Enterprises v. Ariola, G.R. No. 181974, 1 February
2012 (findings in preliminary investigation not binding upon labor
tribunals)

7. Other analogous causes


a. John Hancock Life Insurance v. Davis, G.R. No. 169549, 3 September
2008 (Theft of co-worker’s property is analogous to serious misconduct)
b. Yrasuegui v. PAL, October 17, 2008
c. Son et al. v. UST, April 18, 2018 (other causes)

Page 24 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Abandonment

a. Mallo v. Southeast Asian College, October 14, 2015


b. Manarpiis v. Texas Phils, January 28, 2015

MODULE 12

I. Article 298 (formerly Article 283)


Syllabus Syllabus

1. Redundancy Textbooks Textbooks

Arabit v. Jardine Pacific, G.R. No. 181719, 21 April 2014 Supreme Supreme
(Distinction between redundancy and retrenchment; Guidelines for valid Court Court
redundancy) Decisions Decisions
Shimizu Philippines v. Callanta, G.R. No. 165923, 29 September
2010 (Guidelines for valid redundancy; purpose of notice to DOLE;
nominal damages for non-compliance)
SPI Technologies Inc. v. Mapua, April 7, 2014 (redundancy)
Culili v. Eastern Telecommunication Philippines, February 9,
2011 (redundancy_
Asufrin v. San Miguel Corporation, March 10, 2004 (redundancy)
Ocean East Agency Corp v. Lopez, October 14, 2015
(redundancy)

2. Retrenchment

a. Asian Alcohol Corporation v. NLRC, G.R. No. 131108, 25


March 1999 (Requirements for valid retrenchment, Proof
required, includes prevention of losses)

b. FASAP v. Philippine Airlines, G.R. No. 178083, 13 March


2018 (AFS not absolute requirement for valid retrenchment;
judicial notice of company undergoing corporate rehabilitation)

c. Sebuguero v. NLRC, G.R. No. 115394, 27 September 1995


(Temporary Lay-off and Art. 301 by analogous application)

d. Blue Eagle v. Naval, April 19, 2016 (retrenchment)


e. La Consolacion College v. Pascua, March 14, 2018
(retrenchment)

3. Closure of Business

a. Sangwoo Philippines v. Sangwoo Philippines Employees


Union, G.R. No. 173154, 9 December 2013 (Closure due to
serious business losses no separation pay, posting of notices not
compliant with procedural due process, reduced nominal

Page 25 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
damages)

b. Navotas Shipyard v. Montallana, G.R. No. 190053, 24 March


2014 (Temporary closure ripening to closure due to serious
business losses, nominal damages)

c. Veterans Federation of the Phils. v. Montenegro, November 29,


2017 (closure)

d. PNCC Skyway Corp. v. Secretary of Labor, February 6, 2017


(closure)

e. Penafrancia Tours and Travel Transport v. Sarmiento October


20, 2010 (Closure)

II. Article 299 (formerly Article 284)

Sy et. al. v. CA, February 27, 2003


Union Motors Corp v. NLRC, December 9, 2004
Villaruel v. Yeo Han Guan, June 1, 2011
Deoferio v. Intel Technology Philippines, June 18, 2014

III. Article 300 (formerly Article 285)

Malig-on v. Equitable General Services Inc. June 29, 2010


Chang Kai Shek College v. Torres, April 2, 2014.
Opinaldo v. Ravina, October 16, 2013.
Willi Hahn Enterprises v. Maghuyop, December 17, 2004
Skippers United Pacific et. al. v. Doza et. al., February 8, 2012
Morales v. Harbour Centre Port Terminal Inc., January 25, 2012
SHS Perforated Material Inc. v. Diaz, October 13, 2010
San Miguel Properties Phils. v. Gucaban, July 18, 2011
BMG Records Phils. Inc. v. Aparecio, September 5, 2007
Tatel v. JLFP Investigations, February 25, 2015 (constructive
dismissal)
Paredes v. Feed the Children Phils., September 9, 2015
Silvertex Weaving Corp. v. Campo, Mach 16, 2016
Divine World College of Laoag v. Mina, April 13, 2016
Pascua v. Bank Wise Inc., January 31, 2018
L.A. No. 6 Series of 2020, Guidelines in Payment of Final Pay
and Issuance of Certificate of Employment.
Cokia Industries v. Beatriz Bug-os, November 27, 2019
(constructive dismissal)
Kondo v. Toyota, September 11, 2019 ( discussion of diminution
of benefits) also for constructive dismissal and abandonment
LBC v. Palco, February 12, 2020 (constructive dismissal)

IV. Article 301 (formerly Article 286)

SKM Article Craft Corporation v. Bauca, November 27, 2013


Emeritus Security and Maintenance Systems Inv. v. Dailig, April

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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
2, 2014.
Nippon Housing Phil. Inc. et. al v. Leynes, August 3, 2011
Mayon Hotel and Restaurant et. al. v. Adana et. al. May 16, 2005
ICT Marketing v. Sales, September 9, 2015
Carique v. Phil. Scout Veterans Security and Investigation
Agency, September 16, 2015 (Rotation)
D.O. 215 Series of 2020, Rule Amending Section 12 of Rule 1,
Rules Implementing Book VI of the Labor Code on Suspension of
Employment Relationship

V. Article 302 (formerly Article 287)

Daaboy v. Coca-Cola , August 19, 2013.


Pinero v. NLRC, August 20, 2004
Sta. Catalina College v. NLRC, November 19, 2003
Pantranco North Express Inc. v. NLRC, July 24, 1996
R and E Transport v. Latag, February 13, 2004
Serrano v. Severino Santos Transit, August 9, 2010
Obusan v. PNB, July 26, 2010
Kimberly Clark Phils. v. Dimayuga, September 18, 2009
Magdadaro v. PNB, July 17, 2009.
Laya v. CA, January 10, 2018.
Tolentino v. PAL, January 24, 2018
Dela Salle Araneta University v. Bernardo, February 13, 2017
UDMC v. Bernadas, December 13, 2017
PAL v. Hassaram, June 5, 2017
Carissa E. Santo v. University of Cebu, August 28, 2019
Padillo v. Rural Bank of Nabunturan, January 21, 2013
(disqualified from retirement benefits due to failure to reach optional
retirement age; grant of financial assistance)
Philippine Journalist Inc. v. De Guzman et. al., April 1, 2019
(optional v. compulsory retirement)

D.O. No. 167-16

VI. Article 306 (formerly Article 291)

PLDT v. Pingol, September 10, 2008


Serrano v. CA, August 15, 2001
IBC v. Panganiban, February 6, 2007
Accessories Specialist v. Albanza July 23, 2008
Autobus Transport System v. Bautista May 16, 2007
Montero v. Times Transport, March 16, 2015
Callanta v. Carnation Phils., October 28, 1986
Arriola v. Pilipino Star Ngayon, August 13, 2014
Caladin v. POEA, December 5, 1994

FINAL EXAMINATIONS

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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
TEXTBOOKS:

Labor Books I and II by Azucena

POLICIES:

1. Attendance will be checked every meeting.


2. Students who are called to recite but are absent/disconnected shall get a grade of 65.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the class (face to face or online) as this is a violation of the intellectual
property rights of the Professor.

Prepared by:

Signature
Faculty, College of Law

Approved by:

Signature
Atty. Marciano G. Delson
Dean, College of Law

Date Prepared by the Faculty:

Page 28 of 28
Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24

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