Final Examination

LABOR LAW I

This Exam Consists of 4 Items

Raw Score + 40 = Grade

Good Luck!
 15%
I
X Co. adopted a non-contributory retirement plan that guaranteed retirement benefits
above statutory levels to employees with at least 30 years of service or who reached 55,
whichever came first. The plan did not require prior written application. Denver, the day after
celebrating his 30th anniversary as a company driver with a modest merienda gathering at the
parking lot where he announced to his fellow drivers his intention to retire early, succumbed to
Omicron. After his cremation, his widow referred his case to a lawyer who wrote management
demanding for the payment of Denver’s retirement benefits. The company refused the demand
on the ground that Denver had not applied for early retirement and that he had died on his
supposed benefit. The lawyer then lectured the Legal Department of X Co. on the meanings of
the Full Protection Clause and Social Justice Clause which, according to him, both favored his
widowed client. In the meantime, just after inurnment, the widow filed a claim for funeral
benefits with the SSS.

(a) Assuming the widow’s lawyer was not Atty. Godan, how should he have
explained above clauses in his letter? (5%)
(b) Should the widow be paid Denver’s retirement benefits under the plan? (5%)
(c) Can the widow claim death benefits from the Employees Compensation
Commission (ECC) after three (3) years following her husband’s death? (5%)
 II
Discuss 10%
EMPLOYER-EMPLOYEE RELATIONSHIP
QUESTION OF FACT

Principle of Primacy
ii
of Facts
(Labor Advisory 14, s. 2021)

QUESTION OF LAW
 III
Discuss 15%
 Ejusdem Generis

20%