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Labor Law and Social Legislation Syllabus 2024 011924
Labor Law and Social Legislation Syllabus 2024 011924
Labor Law and Social Legislation Syllabus 2024 011924
COLLEGE OF LAW
COURSE SYLLABUS
COURSE CODE:
FACULTY:
EMAIL ADDRESS:
DAY/TIME/ROOM/SECTION:
CONSULTATION DAY/TIME:
COURSE DESCRIPTION:
A general review of all laws affecting labor standards and labor relations.
(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
Upon completion of the Course Title course, the student is expected to be able to:
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:
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
LEARNING PLAN:
Course Introduction
Syllabus Lecture
• Course overview
• Course requirements
MODULE 1:
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
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Syllabus in Labor Law and Social Legislation
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)
Art. 57 Cases
MODULE 2
I. Employer-Employee Relationship
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Teng v. Pahagac, G.R. No. 169704, 17 November 2010.
Corporal v. NLRC, G.R. No. 129315, 2 October 2000, 341 SCRA 658.
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
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
I. Wages
a. Wage v. salary (Art. 97, LC; pg. 319, Azucena) Syllabus Syllabus
2. Principles
a. No work, no pay
d. Non-diminution of benefits
(Art. 100, LC; pg. 337, Azucena)
6. Wage determination
I. Article 97 (Wages)
(Facilities v. supplements)
3. SLL International Cables Specialist et. al. v. NLRC, March 2,
2011
V. Article 110
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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)
MODULE 5
I. Article 118
Case:
Dominga Cabug-os v. Espina, August 8, 2022 (barangay micro
business – min. wage)
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
Other workers:
Homeworkers
Security Guards (D.O. No. 150-16)
MODULE 6
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Syllabus in Labor Law and Social Legislation
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
MODULE 7
I. Social Legislation
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
Managerial Employee
Penaranda v. Bagong Plywood Corp, May 3, 2006
MODULE 9
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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
Nature of CBA
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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
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
2000 (Resolutions)
MODULE 11
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)
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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)
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)
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
Abandonment
MODULE 12
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
3. Closure of Business
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
damages)
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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
FINAL EXAMINATIONS
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24
TEXTBOOKS:
POLICIES:
Prepared by:
Signature
Faculty, College of Law
Approved by:
Signature
Atty. Marciano G. Delson
Dean, College of Law
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Syllabus in Labor Law and Social Legislation
2nd Sem. 23-24