Labor Law Batas Buddies Reviewer Prefinals Coverage

Article Article Title Name Assigne Discussion
No. d Person
120 Creation of national Claire National Wages and Productivity Commission (NWPC) created by RA 6727, known as the Wage Rationalization Act, on June 9, 1989.
wages and
productivity
commission
121 Powers and Claire National Wages and Productivity Commission (NWPC) Regional Tripartite Wages and Productivity Boards
Functions of the composition: (7)
Commission 1. Secretary of Labor and Employment (SOLE) - ex-officio 1. DOLE Regional Director - chairman
chairman 2. NEDA Regional Director - v-chairman
122 Creation of Regional Claire 2. National Economic and Development Authority (NEDA) 3. DTI Regional Director - v-chairman
Tripartite Wages and Director-General - ex-officio v-chairman 4. Two (2) members – workers sectors
Productivity Boards 3. Two (2) members – workers sectors 5. Two (2) members – employers sectors
4. Two (2) members – employers sectors
5. Executive Director of NWPC – member *Nos. 4 and 5, appointed by President of the Philippines upon
recommendation of Sec. of Labor and Employment, based on
*Nos. 3 and 4, appointed by President of the Philippines upon the list of nominees submitted by workers and employers
recommendation of Sec. of Labor and Employment, based on sectors - term 5 years
the list of nominees submitted by workers and employers
sectors - term 5 years Purpose of Creating RTWPB: To rationalize wages by:
 first, by providing for full-time boards to police wages
The Commission shall be assisted by a Secretariat to be headed round-the-clock, and
by an Executive Director and two (2) Deputy Directors, who  second, by giving the boards enough powers to
shall be appointed by the President, upon the recommendation achieve this objective.
of SOLE.
Salient Functions: Salient Functions:

 Prescribe rules and guidelines for the determination of  Determine and fix minimum wage rates applicable in
appropriate minimum wage their region, provinces or industries therein and to
 Review regional wage levels set by RTWPB issue the corresponding wage orders, subject to
guidelines issued by the (National Wages and
Productivity) Commission.
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 To receive, process and act on applications for

exemption from prescribed wage rates
123 Wage Order Claire Wage Order (WO):

- takes effect after fifteen (15) days (meaning on the 16th day) from its complete publication in at least 1 newspaper of gen. circulation
in region
- public hearing and publication are mandatory
 Public hearings/consultations
 Giving notices to EEs and ERs groups, provincial, city and municipal officials and other interested parties
Remedy on party aggrieved by the WO/ Review of Wage Order:
Appeal to the NWPC within 10 It is mandatory for the NWPC to decide the
calendar days from the appeal within 60 calendar days from the
publication filing thereof.
 NWPC may review the WP issued by RTWPB motu proprio or upon appeal.
 An appeal may be filed on the ff grounds:
1. Non-conformity with prescribed guidelines and/or procedure;
2. Questions of law
3. Grave abuse of discretion
 The appeal does not stay the order unless the appellant files adequate surety.
Issuance of the WO:
-within 30 days after conclusion of the last hearing, the RTWPB (Board) shall decide on the merits of the petition
-provided that such wage rates shall not be lower than the regional minimum wage rates unless expressly specified in the WO
- does not need prior approval by the NWPC.
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Frequency of WO
- GR: may not be disturbed for a period of 12 months from effectivity, and no petition for wage increase shall be entertained
within said period.
- XPN: supervening conditions - the Board shall proceed to exercise its wage fixing function even before expiration of period
Example of supervening conditions – extraordinary increases in prices of petroleum and basic goods/services which will
demand review of the minimum wage
NWPC vs RTWPB
NWPC:
1. prescribes rules and guidelines for the determination of appropriate wages in the country
a. Wage order issued by RTWPB contrary to the guidelines promulgated by NWPC are ineffectual and void
b. Guidelines issued by RTWPB without the approval of or, worse, contrary to those promulgated by NWPC are
ineffectual, void and cannot be the source of rights and privileges.
 Ex: NWPC authorized the RTWPB to issue exemptions from wage orders subject to its review and approval
2. has the power to review regional wage levels, plans and programs of the RTWPB, and exercise technical and admin
supervision over RTWPBs
3. authorize RTWPB to issue exemptions from wage orders, subject to its review and approval
RTWPB:
1. issues and approves Wage Order
2. wage-fixing order by RWTPB does not need prior approval by NWPC
T-Question: What will be the effect if RTWPB fails to follow the guidelines of NWPC in issuing a wage order?
A: The wage order will be null and void.
The RTWPBs are empowered to determine and fix minimum wage rates applicable in their regions and to issue corresponding
wage orders. These RTWBs issuances, however, should accord with guidelines issued by the NWPC. But the Labor Code does not
require NWPC’s approval of a wage order. What it requires is for the wage board to conduct a public hearing over a petition for a
wage order, to decide such petition within 30 days after the last hearing, and to furnish the NWPC of a copy of the WO.
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What needs prior approval is not the wage order but its implementing rules and regulations which the RTWPB has to prepare
within 10 days from issuance of WO. The SOLE upon recommendation of the NWPC, may approve the same.
CASE: MBTC VS NWPC AND RTWPB

SC: The NWPC has the power to review regional wage levels, to review plans and programs of the RTWPB, and to exercise technical
and administrative supervision over the RTWPBs.
CASE: CAGAYAN SUGAR MILLING V. SECRETARY OF LABOR

SC: Public hearings/consultations and publication are mandatory. There was an increase in statutory minimum wage of workers in the
region. RO2-02-A was not a mere clarification of an ambiguous provisions. Hence, must comply with the guidelines set by NWPC, i.e.,
public hearings and publications.
- wage increase cannot be retroactive to effectivity of wage order
124 Standards/Criteria Claire Definition of Terms:

for Minimum Wage
Fixing Minimum wage – adequate as is economically feasible to maintain the minimum standards of living necessary for the health,
efficiency and general well-being of the employees within the framework of the national economic and social development program.
Wage distortion – situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional
quantitative differences in wage or salary rates among employee groups, obliterating the distinctions as to skills, length of service or
other logical bases of differentiation.
- wage distortion is the effect of increasing the pay of an employee to such amount that equals, almost equals, or
overtakes another employee’s pay which has not been similarly increased.
Salary distortion - results from disappearance or virtual disappearance of pay differentials (between lower and higher
positions/between junior and senior employees) because of compliance with a wage order.
2 Methods of Min. Wage Adjustment:

a. Fixing of determinate amount that would be added to prevailing statutory min. Wage;
b. Wage adjustment is applied to employees receiving a certain denominated salary ceiling ("salary ceiling method").
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-prevailing now
-WO covers only minimum wage earners; excluded are those receiving rates above the prescribed minimum wage.
- Art. 24 refers to one arising from compliance with wage order. It does not refer and apply to a distortion arising from a revision of
salary scale initiated by ER.
CASE: PRUBANKERS ASSOCIATION VS PBTC

- There is no salary distortion if affected employees are employed in the same company but in different regions. This is because wage
fixing has been regionalized. Since the criteria vary from one region to another, the pay levels of comparable jobs also tend to vary
among regions. But pay disputes of same or comparable jobs in different regions cannot be considered wage distortions.
Wage distortion involves comparison of jobs located in the same region. The comparison of salaries has to be intra-region, not inter-
region.
CASE: MANILA MANDARIN EMPLOYEES UNION VS NLRC
SC: No distortion existed where the disparity was due:

1. EEs had been hired on different dates and were receiving thus different salaries;
2. EE hired initially at a position level carrying a hiring rate higher than the rates for the others
3. EE failed to meet the cut-off date in the grant of yearly CBA increase
4. EE had been promoted
It was incumbent on the complainant union to prove by substantial evidence its assertion of the existence of wage distortion.
***
Correcting wage distortions:
YES – any dispute arising from wage NO – any dispute arising from wage distortions
distortions of the wage structure within an of the wage structure within an establishment,
establishment shall be resolved through WON the ER and EEs shall endeavor to correct the
1. GRIEVANCE PROCEDURE under their there is distortions. The dispute shall be settled
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through:
CBA a union
2. If it remains unresolved, through
VOLUNTARY ARBITRATION 1. NATIONAL CONCILIATION AND
No. d Person
If wage or salary distortion results from implementation of a wage order, the employer and the union shall negotiate to correct
the distortion. The distortion dispute should be resolved through grievance procedure or voluntary arbitration, or in the absence
of CBA, through the NCMB or a Labor Arbiter.
Nonetheless, the pendency of a dispute arising from a wage distortion shall not in anyway delay the applicability of any increase in
prescribed wage rates pursuant to the provisions of law or WO.
CASE: CARDONA VS NLRC

SC: There was no wage distortion where the ER made salary adjustments in terms of restricting of benefits and allowances and there
was an increase pursuant to the CBA.
Distortion adjustment formula (Metro Bank v. NLRC):
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No. d Person
Distortion Adjustment = x% x (prescribed increase per Wage order)

x% = Existing Minimum Wage / Actual salary of Non-rank and file
New daily rate =wage distortion adjustments + daily rate
-The Court must approximate an acceptable quantitative difference between job or position levels, but an across-the-board pay
adjustment is not required by law.
CASE: APEX MINING COMPANY VS NLRC
To compel ERs simply to add on legislated increases in salaries or allowances without regard to what is already being paid, would be
to penalize employers who grant their workers more than the statutorily prescribed minimum rates of increases. Clearly, this would
be counter-productive so far as securing the interests of labor is concerned.
CASE: NATIONAL FEDERATION OF LABOR VS NLRC
Principles relating to salary distortion:
1. The concept of wage distortion assumes an existing grouping or classification of EE which establishes distictions among such EE on
some relevant or legitimate basis
2. Wage distortions have often been result of government decreed increases in minimum wages. There are other causes though such
as merger of two companies.
3. Should a wage distortion exist, there is no legal requirement that the gap which had previously existed be resorted in precisely the
same amount. In other words, correction of a wage distortion may be done by reestablishing a substantial or significant gap between
the wage rates of the differing classes of EEs.
4. The reestablishment of a significant wage difference may be done through the grievance procedure or collective bargaining
negotiations.
CASE: IKAW AT BUKLOD MANGGAGAWA VS NLRC
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No. d Person
SC: Any issue involving wage distortion shall not be a ground for a strike/lockout.
Inspection
1. In unionized companies – DOLE inspectors shall always be accompanied by the president or any reasonable officer of the
recognized bargaining unit or of any reasonable officer of the recognized bargaining unit or of any interested union
2. If non-unionized, the inspection should be carried out in the presence of a worker representing the workers. The workers’ reps
shall have the right to submit his own findings to the DOLE and to testify on the same if he cannot concur with the findings of the
labor inspector.
125 Freedom to Bargain Claire No wage order shall be construed to prevent workers in particular firms or enterprises or industries from bargaining for higher wages
with their respective employers.
126 Erika No preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against
PROHIBITION any proceedings before the Commission or the Regional Boards.
AGAINST
INJUNCTION
127 NON- DIMINUTION Erika No Wage Order issued by any regional board shall provide for wage rates lower than the statutory minimum wage rates prescribed
OF BENEFITS by Congress.
128 VISITORIAL AND Erika 5 Regional Offices which enforces the labor laws:
ENFORCEMENT 1. DOLE regional office, headed by regional director with 5 divisions:
POWER a. Administrative division
b. Labor standards enforcement division
c. Industrial relations division
d. workers amelioration and welfare division
e. employment promotion division
2. TESDA (Technical Education and Skills Development Authority
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3. Regional Arbitration Branch (RAB) of NLRC – handles

a. compulsory arbitration cases affecting labor and management
b. enforcing decisions award or orders
4. National Conciliation and Mediation Board (NCMB) -absorbed the conciliation, mediation, and voluntary arbitration functions of
the Bureau of Labor Relations
5. Regional Tripartite Wage and Productivity Board
Article 128 refers to the Visitorial and Enforcement power of the Secretary of Labor or his duly authorized representatives, while
Article 129 refers to money claims adjudication by the DOLE Regional Director where the aggregate money claim does not exceed
₱5,000.00.
Article 128 (Visitorial Power) vs Article 129 (Money Claims Adjudication) - While both refer to labor law administration and
enforcement powers vested to the Secretary of Labor, they differ in the following aspects:
Distinctions Article 128 – Visitorial-Enforcement Power Article 129 – Money claims/ Adjudicatory power
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No. d Person
As to nature and subjects  Inspection of establishments and ● Adjudicatory powers through summary
of proceedings issuing compliance orders to erring proceedings after notice and hearing of
establishments; EEs claims for wages and benefits
(money claims not exceeding 5K)
 Enforcement of labor legislation in ● Limits the proceedings to monetary
general claims which therefore involve only labor
standards laws
 Results of labor inspections done by ● Initiated by sworn complaints filed by
labor officers or safety engineers any interested party
pursuant to visitorial powers
As to workers involved Employees still in service; As it is, EE-ER May refer to past or present employees at the
relationship is a prerequisite. time complaint is filed provided there is no
demand for reinstatement.
*If there is demand for reinstatement – falls

under the labor arbiter’s jurisdiction.
*But he may still be employed, he is only pursuing

a money claim.
Art. 129 is operative for money claims not

exceeding P5,000 WON there is EE-ER
relationship.
As to jurisdictional limits No monetary ceiling for Art 128 ● Money claim must not exceed 5K
● Must be filed to NLRC
In other words, P5,000 limit in Art. 129 does
not apply to the exercise of power under art. T-Question: What will happen if a claim under
128 (b). Art. 129 exceeds P5K?
A: The RD or HO to advise the complainant to

amend the complaint and file it with the NLRC for
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hearing and decision by a labor arbiter by vitue of

Art. 224. The same course of action will be the
done if there is a claim for reinstatement.
As to appeal Appealable to the SOLE Appealable to the National Labor Relations

Commission (NLRC)
As to officers designated SOLE or duly authorized representatives who RD or any authorized Hearing Officer of DOLE
may or may not be a RD
Note: If a claim under Art 129 exceeds 5K, IRR Rule XI states that the RD or hearing officer must advise the complainant to amend the
complaint to file it in the NLRC for hearing and decision by a Labor Arbiter pursuant to Art. 224.
D.O. No. 131-13:Establishes Labor Law Compliance System consisting of:
1. Joint Assessment- an evaluation done by a DOLE Labor Law Compliance Officer (LLCO) jointly with employer and employee
representatives to verify extent of observance of labor laws.
2. Compliance Visit- DOLE regional office's action in response to a complaint filed against an establishment or a referral from a Single
Entry Approach (SeNA).
3. Occupational Safety and Health Standards Investigation (OSHS)I- an investigation of compliance with safety and health standards
to obviate sources of accidents or dangers in the workplace. May necessitate abatement based on finding. Should the employer
refuse, it may result in a work stoppage as ordered by DOLE.
Scope of Visitorial- Enforcement Power Under Art 128
Findings of labor officers and safety SOLE/ Regional Director will issue compliance
officers orders to give effect the labor standards and
writs of execution for the enforcement thereof
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The Secretary of Labor and Employment (SoLE) and his duly authorized representative, in their exercise of visitorial and enforcement
powers are now authorized to issue compliance orders to give effect to the labor standards and based on the findings of labor
officers or safety inspectors made during inspection.
This power is unrestricted by the jurisdictional amount of P 5,000.00 under Art. 129.
a. DOLE Director has Quasi-judicial Power

SOLE under Art. 106 exercises quasi-judicial powers to the extent necessary to determine the violations of labor standard and other
labor legislation. SOLE and DOLE Regional Directors (RD) can issue writs of execution or compliance orders as the case may be.
T-Question: Who can determine the existence of EE-ER relationship (EER)?
CASE: BOMBO RADYO PHIL, INC. V. SEC. OF LABOR
Under Art. 128 (b) of the Labor Code, as amended, the DOLE is fully empowered to make a determination as to the existence of an
EER in the exercise of the visitorial and enforcement power, subject to judicial review, not review by NRLC.
DOLE has the authority to determine the existence of an EER subject to judicial review, not by NLRC but by CA first then if still
unfavourable to the ER to the SC.
Determination of
Court of Appeals Supreme Court
EER by DOLE
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b. For the Regional Director to exercise the visitorial power, there must be an existing EE-ER relationship between the complaining
workers and the alleged ER at the time the complaint is presented.
CASE: BAY HAVEN INC VS ABUAN

SC: Where one of several complainants alleges illegal dismissal, his allegation deprives the regional director of jurisdiction as the
dismissal complaint will fall under the Labor Arbiter’s (LA) jurisdiction, accdg. To Art. 217. But the RD retains jurisdiction over his
other complaints and those of the other complaints.
JURISDICTION OF RD vs. LA (based on Atty Belarmino's discussion

DOLE Regional Director Labor Arbiter
- with Employer- Employee Relationship - No EER, amount exceeds 5,000.00 for

(EER), claim is less than 5,000.00 money claims
- money claim is 100K which is a product - 5K + employee needs to be reinstated
of the visitorial power - exceeds 5K no EER
* The amount and the existence of EER is determinative as to who gets to decide on the labor issue.
c. Subjects of Enforcement
RD has the power to order and administer enforcement orders provided the following requisites concur:
1. Employer- Employee Relationship (EER) exists
2. After due notice and hearing;
-Enforcement Orders are based on the findings during inspection.
Recourse of an employer contesting findings of labor standard violations issued by RD DOLE or duly authorized reps which cannot be
resolved without considering evidentiary matters that are not verifiable in the normal course of inspection, the RD must endorse the
case to the appropriate arbitration branch (labor arbiter) of the NLRC for adjudication.
d. The visitorial enforcement power is thorough and piercing; it extends even to issues not formally included in the complaint.
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However, the visitorial and enforcement power does not carry with it RD's power to interpret laws and declare a regulation
unconstitutional. His duty is merely to enforce the law which stands valid, unless otherwise declared by SC as unconstitutional.
CASE: MEYCAUAYAN COLLEGE VS DRILLON

SC: Having entered into an agreement with its employees, an employer may not be allowed to deny on its obligations under a
collective bargaining agreement should, at the same time, the law grant the employees the same or better terms and conditions of
employment.
Employee benefits derived from law are exclusive of benefits arrived at through negotiation and agreement, unless otherwise
provided by the agreement itself or by law.
CASE: ST. JOSEPH’S COLLEGE VS ST JOSEPH’S COLLEGE WORKERS’ ASSOC.

SC: RA 6728 allows a tuition fee increase only under the condition that at least 70% of the increase shall be disbursed as salaries,
wages, allowances and other benefits for teaching and nonteaching personnel.i
Disposition of Labor Standard Cases
Art. 128-129 labor standard cases are administrative in nature.
Labor standards defined. Refer to the minimum requirements prescribed by existing laws, rules and regulations relating to wages,
hours of work, cost-of-living allowance and other monetary and welfare benefits including occupational, safety and health standards.
Under the present rules, a RD exercises both visitorial and enforcement power over labor standard cases, and is therefore,
empowered to adjudicate money claims, provided there still exists an EE-ER rel. and the findings of the regional office are not
contested by the ER concerned.
Rules on disposition of labor standards cases in the regional offices to govern the enforcement of labor standards:
1. Inspection Report
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- Labor Law Compliance Officer (LCCO) submits a detailed report to RD within 24 hours after the inspection or within a reasonable
period of time. It shall specify the violations discovered, recommendations and computation due for each worker.
2. Coverage of complaint inspection

-complaint inspection shall not be limited to the specific allegations or violations raised by the complainant
- must be thorough and verification on any possible labor standards violated
3. Restitution
- ER decides to make necessary restitution, it must be done within five calendar days from receipt of inspection results;
4. Compromise Agreement
- must be in writing signed by the parties (EE and ER) in the presence of RD or authorized representative.
-Such settlement, although reached with the participation of the RD, may be appealed to and reversed by the secretary of labor.
5. Hearing
- If there is no proof of compliance by ER within 7 calendar days from receipt of inspection results, RD shall summon ER and
complainants to a summary investigation.
6. Exception: Endorsement to NLRC
If the labor standards case is covered by the exception clause in Art. 128 (b), then the RD will have to endorse the case to the
appropriate Arbitration Branch of the NLRC. Provided further that ALL OF THESE must be present:
a) The ER contests the findings of labor regulations officer and the issues raised therein;
b) There is a need to examine evidentiary matters in order to resolve such issues;
c) Such matters are not verifiable in the normal course of inspection.
The rules also provide that the ER shall raise objections during the hearing or at any time after the receipt of the notice of inspection.
(CASE: JETHRO INTELLIGENCE V. SOLE GR 172537, AUGUST 14, 2009)
7. Suspension of Operations
- Paragraph c authorizes SOLE to suspend the operations of establishment which (i) did not comply to orders to rectify violating of
labor standards and (ii) poses grave threat and danger to employees.
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8. Appeal
An order issued by RD under this article is appealable to SOLE. Decisions of SOLE will become final and executor after ten (10)
calendar days from the receipt of the records of the case.
An MR of SOLE's decision has to be filed before availing of a further remedy. If MR is denied, special civil action of certiorari under
Rule 65 may be filed with the CA within 60 days from the receipt of the denial of motion.
Regional CA SC
DOLE SECRETARY
Director
Rule X-A- of D.O. No. 7-A provides that the appeal may be perfected only by posting of a cash or surety bond equivalent to the
monetary award. Otherwise, the Secretary will dismissed the appealed case.
***Validity of quitclaim:
A quitclaim is said to be invalid and against public policy:
(1) Where there is clear proof that the waiver was wangled from an unsuspecting and gullible person; and
(2) Where the terms of settlement are unconscionable on their face
Who Benefits from the Rectification
Award is extended to all employees even if they are non-complainants to give life to SEC 128 that labor standards must be upheld.
(Maternity Children's Hospital v. SOLE)
Enforcement for Wage Orders
Complaints for non-compliance by the employers with their wage increases prescribed under the Wage Rationalization Act (RA6727)
shall be filed with the Regional Office of the DOLE having jurisdiction over the workplace and shall be subject with the enforcement
proceedings under 128 or 129 accordingly.
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Penalty for Non- Compliance; Double Indemnity
Under RA 6267, an employer who refuses to comply shall pay a fine of not less than 25,000 nor more than 100, 000.00 pesos or
imprisonment of not less than two years nor more than four years or both fine and imprisonment at the discretion of the court. Any
person convicted shall not be entitled to the benefits under Probation Law.
The employer shall pay the EE double the amount of the unpaid benefits owing to the employee; Payment of double indemnity
shall not absolve the ER from criminal liability.
If corporation, trust or firm is the ER, penalty of imprisonment shall be imposed to the any of the officers but not limited to Pres, VP,
CEO, General Manager, Managing Director, partner.
D.O. No. 10, May 4 1998 defined double indemnity as the payment to the concerned employee of the prescribed increases or
adjustments in the wage rate which was not paid by the ER in the amount equivalent to twice the unpaid benefits owing to the EE.
Unpaid benefits are explained as the prescribed wage rates which the ER failed to pay upon the effectivity of a wage order, exclusive
of other wage-related benefits. It serves as the principal basis in computing for double indemnity. The computation for double
indemnity starts from the effectivity of the prescribed Wage Order reflecting increased adjustments.
If partial compliance – the basis for computing double indemnity is the balance of unpaid benefits reckoned from the effectivity of
the wage order.
CASE: CEBU OXYGEN & ACETYLANE CO VS DRILON

Facts: Section 8 of the implementing rules prohibits the employer from crediting anniversary wage increases negotiated under a
collective bargaining agreement against such wage increases mandated by Republic Act No. 6640.
SC: Petitioner's contention that the salary increases granted by it pursuant to the existing CBA including anniversary wage increases
should be considered in determining compliance with the wage increase mandated by Republic Act No. 6640, is correct. However,
the amount that should only be credited to petitioner is the wage increase for 1987 under the CBA when the law took effect . The
wage increase for 1986 had already accrued in favor of the employees even before the said law was enacted.
Petitioner therefor correctly credited its employees P62.00 for the differential of two (2) months increase and P31.00 each for the
differential in 13th month pay, after deducting the P200.00 anniversary wage increase for 1987 under the CBA. Indeed, it is stipulated
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in the CBA that in case any wage adjustment or allowance increase decreed by law, legislation or presidential edict in any particular
year shall be higher than the foregoing increase in that particular year, then the company (petitioner) shall pay the difference.
Section 8 of the rules implementing Republic 6640, is hereby declared null and void in so far as it excludes the anniversary wage
increases negotiated under collective bargaining agreements from being credited to the wage increase provided for under
Republic Act No. 6440.
Ratio: The intention of the parties whether or not to equate benefits under the CBA with those granted by law must prevail and be
given effect. The manifest will and intent of the parties to treat the legislated increases as equivalent pro tanto to those stipulated in
their bargaining agreement must be respected and given effect.
129 Recovery of Wages, Erika Money claims adjudication under Art. 129
Simple Money
Claims And Other -Pertains to small money claims and are ought to be disposed of quickly.
Benefits
-The RD is empowered through summary proceedings and after due notice and hearing to try and decide cases provided these
requisites are present:
a) The claim is presented by an employee, or a person employed in domestic household service or househelper;
b) Arises from an ER-EE relations;
c) Claimant does not seek reinstatement'
d) Aggregate money claim does not exceed 5K;
-Absent any of the aforementioned requisites, the Labor Arbiter (LA) shall have the jurisdiction over claims arising from ER-EE
relations exc. Claim for compensation, statutory benefits, maternity benefits).
-It is not material that the complainant is still an EE in order to file a complaint, as long as EE does not seek reinstatement. RD can still
exercise jurisdiction so long the claim does not exceed P5,000.
When the claims exceed P5,000
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The RD or Hearing Officer shall advise the complainant to amend the complaint and file the same with the appropriate regional
branch of the NLRC.
- Money claims must be decided in 30 calendar days. Substantial evidence shall be sufficient to support a decision or order.
1. Regional Director/Hearing officer 2. NLRC
1- Any decision of RD or HO may be appealed on the same grounds provided in Art. 223 within 5 calendar days from receipt of
decision/resolution to the NLRC.
2- NLRC must resolve the appeal within 10 calendar days from the submission of the last pleading required or allowed under its
rules.
Due Process, Principle of Jurisdiction by Estoppel
CASE: ODIN SECURITY AGENCY VS HON DELA SERNA

SC:
1. Requirement of due process is satisfied when the parties are given an opportunity to submit position papers. What the
fundamental law abhors is not absence of previous notice but the absolute lack of opportunity to be heard.
2. Principle of jurisdiction by estoppel – The petitioner is estopped from questioning the alleged lack of jurisdiction of the RD over the
private respondents’ claims. Petitioner submitted to the jurisdiction of the RD by taking part in the hearings before him and by
submitting a position paper. The act of participation amounts to estoppel.
CASE: URBANES VS SOL

SC: Art. 128-129 are operative only in the context of employment relationship. A regular court, not DOLE or NLRC, has jurisdiction
over claim of an independent contractor to adjust contractual fee.
Contractor is not seeking any relief under the Labor Code but seeks payment of a sum of money and damages on account of
principal’s alleged breach of its obligation under their Guard Service Contract. The action is within the realm of civil law, hence
jurisdiction over the case belongs to the regular courts.
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While the resolution of the issue involves the application of labor laws, reference to the Labor Code was only for the determination of
the solidary liability of the petitioner to the respondent where no EE-ER relation exists.
SEnA (D.O. No. 10710)
Single Entry Approach is an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure
for all issues/complaints arising from employer-employee relations to prevent them from ripening into full blown disputes. Under this
approach, all labor and employment disputes shall undergo a 30-day mandatory conciliation-mediation process to effect settlement
among the contending parties. If such will succeeds, the parties sign a Settlement agreement; Otherwise, the Singel Entry Approach
Desk (SEAD) officer issues a Referral to the DOLE office or agency that has jurisdiction over the dispute.
The SEnA system, however, does not apply to:

1. notices of strike or lockout which NCMB handles; and
2. CBA implementation or personnel policy disputes that ought to be brought to the in-house grievance machinery.
130 Facilities for women Erika Requires employers to:

1. To provide seats proper for women and permit them to use such seats when they are free from work and during working hours,
provided they can perform their duties in this position without detriment to efficiency;
2. To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;
3. To establish a nursery in a workplace for the benefit of the women employees therein; and
4. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of
flight attendants and the like.
131 Maternity leave Erika The law now grants to females working in the private sector, regardless of status of employment, the following benefits:
under SSS Law
Emergency Termination
Benefit Delivery Miscarriage
of Pregnancy
Paid Leave 105 days with full pay 60 days with full pay 60 days with full pay
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Additional 15 days with full pay for solo

parents as defined by the SOLO Parent’s
Welfare Act of 2000 (RA 8972)
Additional unpaid leave 30 days unpaid leave, at the option of the Not applicable Not applicable
female worker, provided that ER is
informed in writing 45 days before the
end of the paid leave
The new law has removed the limit of applicability to only the first four deliveries, and now allows the grant of the benefits regardless
of the number of children or deliveries the female worker may have had.
The benefits shall be the same for normal spontaneous delivery and for delivery via caesarean section.
Miscarriage refers to loss of pregnancy before the 20th week of gestation, while Emergency Termination of Pregnancy refers to loss
of pregnancy after the 20th week of gestation, and the event of still birth.
Leaves cannot be deferred and shall be rendered in a continuous and uninterrupted manner, regardless of holidays during the leave
period. The leaves may be availed either before or after the actual period of delivery provided that post-natal care shall not be less
than sixty (60) days.
Qualifications
The female worker must have at least three (3) monthly contributions in the twelve month period immediately preceding the
semester of the childbirth, miscarriage or emergency termination of pregnancy.
Notice Requirement
The female worker must notify the employer of her pregnancy and the probable date of her childbirth:
1. The female worker must immediately inform her employer upon confirmation of the pregnancy.
2. The employer then notifies SSS.
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Failure of the female worker to give notice to her employer does not bar her from receiving maternity benefits, subject to SSS
Guidelines.
Should the employer fail to transmit the female worker’s notice of pregnancy and probable date of childbirth, and should the
employer fail to remit to SSS the required contributions for the female worker, the employer shall be liable to pay SSS damages in the
amount equivalent to the benefits which said female worker would otherwise be entitled to.
Full Pay
The law states that female workers shall receive full pay during her paid leave. Full pay refers to the actual remuneration or earnings
paid by an employer for services rendered on normal working days, including allowances, and shall in no case be lower than the
wage rate fixed by the Regional Tripartite Wages and Productivity Board.
The pay shall be advanced by the employer to the female worker within thirty (30) days from the filing of the maternity leave
application, subject to reimbursement by the SSS.
A salient feature of the new law is the mandate on the employer to pay the difference between the full salary of the employee and
the actual cash benefit from SSS.
One of the most important features of the Expanded Maternity Leave Law is the option of allocating seven (7) days of leave credit to
the father.
BATTERED WOMAN LEAVE
1. Period. Paid leave of ten (10) days for victims of violence pursuant to the Anti VAWC law. May be extended as deemed necessary
as specified in the protection order.
2. How to apply
- EE has to submit a certification from the punong barangay or kagawar or prosecutor or the clerk of court than an action under
VAWC has been filed and is pending.
3. Purpose: This will shield her from further violence and provide her related reliefs.
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TWO MONTHS LEAVE UNDER THE MAGNA CARTA OF WOMEN
Gives a woman employee having rendered aggregate service of six months shall be entitled to a special leave benefit for two months
with full pay based on her gross income due to surgery brought gynaecological disorders.
Requirement: EE having rendered continuous aggregate employment of atleast 6 months for the last 12 months.
132 FAMILY PLANNING Erika  Provide free family planning services to their employees which shall include, but not be limited to, the application or use of
SERVICES; contraceptive pills and intrauterine devices
INCENTIVES FOR
FAMILY PLANNING  DOLE shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any
establishment or enterprise
133 Discrimination Faith General Rule

Prohibited
Article 133, in particular, prohibits any form of discrimination against a woman on account of her sex. Being a woman should not be a
basis for disqualification from a work opportunity or a particular term or condition of employment. In short, entitlements should, in
general, apply equally to workers, whether male or female.
The following are acts of discrimination:

(a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a
female employeeas against a male employee, for work of equal value; and
(b) Favoring a male employee over a female employee with respect to promotion, training opportunities, study and
scholarship grants solely on account of their sexes.
 Promotion
 Training opportunities
 Study and scholarship grants
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Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include claims for damages and other affirmative
reliefs. The actions hereby authorized shall proceed independently of each other.
Exception: BFOQ (Bona fide occupational qualification)
Where the job itself necessarily requires a particular qualification, then the job applicant or worker who does not possess it may be
disqualified on that basis. This will not be unlawful discrimination. This is known as bona fide occupational qualification or BFOQ.
I. Two factors to justify a BFOQ, the employer must prove the following so that the exclusionary specifics will not amount to
unlawful discrimination:
1. That the employment qualification is reasonably related to the essential operation of the job involved; and
2. That there is a factual basis for believing that all or substantially all persons meeting the qualification would be unable to
properly perform the duties of the job
Hence, the Supreme Court ruled that a company policy which prohibits the retention of a married employee is unlawful.
RA 7192 - Women in Development and Nation Building Act
It promotes the integration of women as full and equal partners of men in development and nation-building.
134 Stipulation against Faith Article 135 prohibits discrimination against women employees as regards terms and conditions of employment on account of sex.
marriage It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman
employee
(i) shall not get married,
(ii) or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or
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(iii) to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage
Case: Zialcita, et al. vs. Philippine Air Lines, Case No. RO4-3-3398-76, February 20, 1977 (Office of the President Decision)
The termination by PAL of one of its flight attendants was unlawful. The policy against marriage is patently illegal.
Article 136 [134] is not intended to apply only to women employed in ordinary occupations, or it should have categorically expressed
so. The sweeping intendment of the law, be it on special or ordinary occupations, is reflected in the whole text and supported by
Article 135 [133] that speaks of nondiscrimination on the employment of women.
Case: Philippine Telegraph and Telephone Company vs. National Labor Relations Commission and G. de Guzman, G.R. No. 118978,
May 23, 1997
Facts: Employer insisted that the cause of dismissal was her dishonesty in stating in the job application form that she was single
though in fact she was not.
SC: [PT&T’s] policy of not accepting or considering as disqualified from work any woman worker who contracts marriage runs afoul of
the test of, and the right against, discrimination, afforded all women workers by our labor laws and by no less than the
Constitution.
Hence, while it is true that the parties to a contract may establish any agreements, terms, and conditions that they may deem
convenient, the same should not be contrary to law, morals, good customs, public order, or public policy. Carried to its logical
consequences, it may even be said that petitioner’s policy against legitimate marital bonds would encourage illicit or common-law
relations and subvert the sacrament of marriage.
Case: Olympia Gualberto, et al. vs. Marinduque Mining Industrial Corporation, CA-G.R. No. 52753-R, June 28, 1978
Facts: Plaintiff was terminated from work on account of her marriage with one of the company’s electrical engineer since according
to the company they lacked facilities for married women in the project.
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SC: No employer may require female applicants for jobs to enter into pre-employment agreements that they would be dismissed
once they get married. Whether pre-employment agreement or company policy, the same is void.
135 Prohibited acts Faith RA 7877 – Anti-Sexual Harassment Act of 1995

a. Who may be liable:
Any employer, employee, manager, supervisor, agent of the employer, teacher, instructor, coach, trainor, or any other person who,
having influence or moral ascendency over another in a work or training or education environment (WET)
b. What do they do:
Demands, requests or otherwise requires any sexual favor from another, regardless of whether the demand, request or requirement
136 Classification of Faith for submission is accepted by the object of said act.
certain women
workers I ma WET dr sf over another
Influence or moral ascendancy
In a Work, Education Environment Or Training
Demand, Request
Requires any Sexual Favors
Over another
137 Minimum Faith

employable age Child below 15 years of age GR. Shall not be employed
Exc.
138 Prohibition against Faith 1. he works directly under the sole responsibility of his parents or guardian, and
child discrimination 2. his employment does not in any way interfere with his schooling.
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Between 15 and 18 may be employed for such number of hours and such periods of the day as determined by
the Secretary of Labor and Employment in appropriate regulations.
Below 18 Shall in no case allow the employment in an undertaking which is hazardous or deleterious in nature
Hazardous Work
● In any hazardous work, the employable age is 18 and up.
What are considered as hazardous workplaces:
a. where the nature of the work exposes the workers to dangerous environmental elements, contaminations or work
conditions including ionizing like;
b. where the workers are engaged in construction work, logging, firefighting, mining, quarrying, blasting, stevedoring, dock
work, deep-sea fishing, and mechanized farming;
c. where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products;
d. where the workers use or are exposed to heavy or power-driven machinery or equipment; and
e. where workers use or are exposed to power-driven tools.
I. Non-hazardous work
● Any person, regardless of sex, between ages 15 and 18 may be employed in any nonhazardous work.
What is non-hazardous work?
● A nonhazardous work or undertaking is one where the employee is not exposed to any risk which constitutes an imminent
danger to his safety and health.
II. Child Abuse and Child Labor
Relevant laws:
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1. RA 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
2. RA 7658 – An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings
3. RA 9231 – An Act Providing for The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the
Working Child
General rule under RA 9231:
● Prohibits employment of children below 15 years
Exceptions:
● When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of
his/her family are employed, provided, that his/her employment neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development. The parent or legal guardian shall provide the said child with the
prescribed primary and/or secondary education.
● Child’s employment or participation in public entertainment or information through cinema, theater, radio, television or
other forms of media is essential. The contract has to be signed by the parents or legal guardian, with the child’s express
consent. A permit from the Department of Labor and Employment is also required.
RA 7323 – Employment of poor but deserving students
Aims to help poor but deserving students pursue their education. It encourages their employment in private firms and government
agencies through incentives granted to employers, allowing them to pay only sixty per centum of their salaries or wages and the
forty per centum through education vouchers to be paid by the government.
139 Coverage Freya Meaning of domestic or household service:

● Services in the employer’s home usually necessary or desirable for the maintenance and enjoyment thereof
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● Includes ministering to the personal comfort and convenience of the members of the employer’s household
● Includes services of family drivers
140 Contract of Domestic Freya T-Question: How long is the original contract of domestic service?
Service
Answer: It shall not last for more than two years (meaning, up to 2 years max) but may be renewed for such period as agreed upon
by the parties
RA.10361 - Domestic Workers Act (Batas Kasambahay) merely modifies or complements - but does not repeal - the provisions in the
Labor Code.
141 Minimum Wage Freya This provision was superseded by the Kasambahay Law.
On Minimum Wage (Sec. 24 of RA 10361):

a. Not less than P2,500 per month for those employed in the NCR;
b. Not less than P2,000 per month for those employed in chartered cities and 1st class municipalities;
c. Not less than P1,500 for those employed in other municipalities.
SEC. 29. Leave Benefits. –

● Entitled to an annual service incentive leave of 5 days with pay, provided that he/she has rendered at least one (1) year of
service
● Unused leaves are not cumulative.
● Unused leaves cannot be carried over to succeeding years.
● Unused leaves are not convertible to cash.
SEC. 30. Social and Other Benefits. –

● Covered by the SSS, Philhealth, and Pag-IBIG, provided that he/she has rendered at least one (1) month of service
● Generally, premium payments or contributions are shouldered by the employer.
● Exception: If the domestic worker is receiving a wage of Five thousand pesos (P5,000) and above per month, he or she shall
pay the proportionate share in the premiums or contributions.
Rest day – 24 hours

Rest day during weekdays – 8 hours rest day
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142 Minimum Cash Freya Minimum Wage Rates = basic cash wages paid to the househelper in addition to lodging, food, and medical attendance
Wage
143 Assignment to Non- Freya No domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that
Household Work provided for agricultural or nonagricultural workers.
T-Question: If a cook assigned as pumpboy or domestic helper worked in club house

– shall be considered as commercial or industrial workers.
144 Opportunity for Freya T-Question: Can the employer give the domestic helper an opportunity for education?
Education
Answer: Yes, provided that the domestic helper is under 18 years old. The employer shall give him or her the opportunity to finish at
least elementary education. (Please note the use of “shall” in the provision.)
Note: The cost of the education is included in the compensation, unless there is a contrary stipulation.
145 Treatment of John Q: How should employers treat househelpers?

househelpers A: Househelpers must be treated in a just and humane manner, free from any physical violence.
146 Board, lodging and John Q: Are employers required to provide living quarters, food and medical attendance to househelpers?
medical attendance A: Yes, employers are required to furnish sanitary living quarters, adequate food and medical attendance free of charge to
househelpers.
Q: Are expensive medical surgical operations included?

A: There is no hard and fast rule, but the financial capacity of the employer and length of service of the househelper shall be
considered.
147 Indemnity for unjust John Q: May the employer or the househelper terminate the employment contract?
termination A:
General rule: If the period of household service is fixed, neither the employer nor the househelper may terminate the contract
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before the expiration of the term.

Exception: Pre-termination is allowed for just cause.
Remedy for unjustly terminated househelper: Payment for compensation already earned plus additional compensation equivalent
to 15 days as indemnity.
Q: If the househelper leaves without justificable reason, may he/she be entitled to payment for compensation already earned?
A:
General rule: No, the househelper forfeits any unpaid salary due him/her not exceeding 15 days.
Exception: Any unpaid salary exceeding 15 days shall be paid to the househelper even if he/she leaves without justifiable cause.
148 Service of John Q: In cases where the duration of the household service is not determined either by stipulation in the contract nor by the nature of
termination notice the service, may the employer or the househelper terminate the service?
A: Yes, the employer or the househelper may terminate the service provided that the employer or the househelper gives a notice to
terminate the service 5 days before the intended termination date.
149 Employment John Q: May the househelper demand an employment certification?

certification A: Yes, the househelper may demand a written statement of the nature and duration of the service and his/her efficiency and
conduct as househelper upon severance of the household service relation.
150 Employment records John Q: Is it mandatory for employers to keep the employment records of his/her househelper?
A: No, it is not mandatory for the employer to keep the employment records of his/her househelper. The employer may keep such
records as he may deem necessary to reflect the actual terms and conditions of employment of his/her househelper.
Q: Should the employer choose to keep the employment records of the househelper, may the househelper be required to
authenticate the records?
A: Yes, the househelper must authenticate the records by his/her signature or thumb mark upon request of the employer.
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151 Regulation of Julius Articles 151-153

Industrial
Homeworkers HOUSEHELPERS vs HOMEWORKERS
HOUSEHELPERS - Minister to the personal needs and comfort of his ER in the latter’s home
HOMEWORKERS - Performs in or about his own home any processing or fabrication of goods or materials, in whole or in part, which
have been furnished directly or indirectly, by an ER and sold thereafter to the latter.
Who are homeworkers?
They are those who perform in or about his own home any processing or fabrication of goods or materials, in whole or in part,
which have been furnished directly or indirectly, by an ER and sold thereafter to the latter.
152 Regulations of Julius

Secretary of Labor
Who is the ER of Homeworker?
Includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country,
directly or indirectly, or through an ER, agent contractor, subcontractor or any other person:
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153 Distribution of Julius

Homework 1. Delivers or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and
thereafter to be returned or to be disposed of or distributed in accordance with his directions.
2. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such
processing or fabrication, either by himself or through some other person.
T-Question: Can Homeworkers form labor organizations?
Yes. Department Order No. 5 dated February 4, 1992, replacing Rule XIV of the IRR Book 3 of the LC, authorizes the formation and
registration of labor organization of industrial Homeworkers.
It also makes explicit the ERs duty to pay and remit SSS, Philhealth and ECC premiums.
What are the prohibitions against homework?
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Julius
No homework shall be performed on:
1. Explosives, fireworks and similar articles;

2. Drugs and poisons; and
3. Other articles, the processing of which requires exposure to toxic substances. (Sec. 13, Rule XIV, Book III, IRR)
Bar Question: Josie is the confidential secretary of the Chairman of the Board of the bank. She is presently on maternity leave. In an
arrangement where the Chairman of the Board can still have access to her services, the bank allows her to work in her residence
during her leave. For this purpose, the bank installed a fax machine in her residence, and gave her a cellphone and a beeper. Is Josie a
homeworker under the law? Explain.
Answer: No, she is actually an office worker. She is not an industrial homeworker who accepts work to be fabricated or processed
at home for a contractor, which work, when finished, will be returned to or repurchased by said contractor.
Note: Art. 151-153 refers only to industrial homeworkers. Industrial homework is a system of production under which work for an
employer or contractor is carried out by a homeworker at his home. Materials may or may not be furnished by the employer or
contractor. It differs from regular factory production principally in that it is a decentralized form of production where there is
ordinarily very little supervision or regulation of methods of work.
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Per discussion of Tatang:
 Homeworkers are covered under the Labor laws

 Complaints for violations of labor standards and the terms and conditions of employment involving money claims of
homeworkers not exceeding P5,000 per homeworker shall be heard and decided by Regional Director. Beyond that amount
the case falls under the jurisdiction of a Labor Arbiter in the NLRC.
154- Employment of night Julius Night worker defines as any employed person whose work covers the period from 10 pm to 6am the following morning, provided
155 workers: that the worker performs no less than seven consecutive hours of work. Night work, therefore, is at least seven consecutive hours
154 – Coverage of work between 10pm to 6am.
155- Health
Assessment. Except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation.
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Health Assessment
At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to
reduce or avoid health problems associated with their work:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment; and
(c) If they experience health problems during such an assignment which are not caused by factors other than the performance of n
156 Mandatory Facilities Julius Every employer shall keep in his establishment such first-aid medicines and equipment as the nature and conditions of work may
require, in accordance with such regulations as the Department of Labor shall prescribe.
The employer shall take steps for the training of a sufficient number of employees in first-aid treatment.
Note:
The Implementing Rules, in Book IV, Rule 1, provide details additional to those in the above codal provisions. The Rules define what is
"first-aid treatment" that the employer must provide as well as the qualifications of the first-aider.
T-Question: Where the employer is not required to put up an emergency hospital?
The existing hospital to be utilized should be within five kilometers from the workplace or is accessible within 25-minute travel.
The employer must provide the transport in emergency cases. The Implementing Rules also explain the workplaces that are
considered "hazardous."
157 TRANSFER Kiethe Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to day
work for which they are fit to work.
If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable
to work, or to secure employment during such period (i.e., separation pay) . Like workers who are unable to render night work for a
continuous period of not less than six months upon the certification of competent public health.
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For an EE found unfit for night work, the ER’s ultimate recourse, therefore, may be employment termination based on an
authorized cause.
A night worker certified as temporarily unfit for night work for a period of less than 6 months shall be given the same protection
against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.
158 WOMEN NIGHT Kiethe Measures shall be taken to ensure than an alternative to night work is available to women workers who would otherwise be called
WORKERS upon to perform such work:
(a) Before and after childbirth, for a period of at least 16 weeks, which shall be divided between the time before and after
childbirth;
(b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for
the health of the mother or child:
(1) During pregnancy;
(2) During specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of
which shall be determined by the DOLE after consulting the labor organization and employers.
During the period referred to in this article:
(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in
this Code that are not connected with pregnancy, childbirth and childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to
her regular night work position.
Pregnant women and nursing mothers may be allowed to work at night only if a competent physician, other than the company
physician, shall certify their fitness to render night work, and specify, in the case of pregnant employees, the period of the pregnancy
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that they can safely work.
The measures referred to in this article may include transfer to any work where this is possible, the provision of social security
benefits or an extension of maternity leave.
The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under
existing laws.
159 COMPENSATION Kiethe The compensation for night workers in the form of working time or similar benefits shall recognize the exceptional nature of night
work.
160 SOCIAL SERVICES Kiethe Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work.
161 NIGHT WORK Kiethe Before introducing work schedules requiring the services of night workers, the employer shall consult the workers’
SCHEDULES representatives/labor organizations concerned on the details of such schedules and the forms of organization of night work that are
best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are
required. In establishment employing night workers, consultation shall take place regularly.
Note:
The enterprise management determines what work needs to be done in what hours of the 24-hour day, who will do it and where.
But the law protects workers by requiring:
a. The provision of certain facilities, i.e. sleeping or lactation quarters and means of transport;
b. Conduct of medical examination to determine fitness for night work; and
c. Observance of legal process to decide appropriate action where a worker is found unfit for night work – includes transfer of
worker to day work, if practicable, and only as a last recourse, separation from employment
Night worker – any employed person whose work covers the period from 10:00 in the evening to 6:00 the following morning,
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provided that the worker performs no less than 7 consecutive hours of work.
- At least 7 consecutive hours of work between 10PM to 6AM.
If a worker is found medically unfit for night work, may he be separated from employment?
- Yes, he may be separated if his transfer to another (day time) job is not practicable. For an employee found unfit for night work, the
employer’s ultimate recourse, therefore, may be employment termination based on an authorized cause.
- If such transfer is not practicable or the workers are unable to render night work for a continuous period of not less than 6 months
upon the certification of a competent public health authority, these workers shall be granted the same company benefits as other
workers who are unable to work due to illness.
A night worker certified as temporarily unfit for night work for a period of less than 6 months shall be given the same protection
against dismissal or notice of dismissal as other workers who are prevented from working for health reasons.
162 First-aid worker Kiethe Every employer shall keep in his establishment such first-aid medicines and equipment as the nature and conditions of the work may
require, in accordance with such regulations as the Department of Labor shall prescribe.
The employer shall take steps for the training of a sufficient number of employees in first aid treatment.
163 Klmn It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities
Emergency Medical
and Dental Services
Size of Employees Requirement[s]
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10-50 The services of a graduate first-aider shall be provided who may be one of the workers in
the workplace and who has immediate access to the first-aid medicines
51-200 [Non-hazardous A graduate first-aider shall be provided for the protection of the workers, where no
workplaces] registered nurse is available
51-200 [Hazardous workplaces] Services of a full-time registered nurse shall be provided.
201-300 The services of a

1. full-time registered nurse,
2. a part-time physician and dentist,
3. and an emergency clinic
301+ 1. The services of a full-time nurse, a full-time physician, a full-time dentist, a dental clinic
and
2. An infirmary or emergency hospital with one bed capacity for every 100 workers shall be
provided.
Hazardous If part-time basis: The physician and dentist shall stay in the premises for at least two (2)
hours a day.
If full-time basis : Physician or dentist shall stay in the premises of the workplace for at least
eight (8) hours a day.
The following are considered Hazardous Workplaces:
1. Where the nature of the work exposes the workers to dangerous environmental elements, contaminants or work conditions
including ionizing radiations, chemicals, fire, flammable substances, noxious components and the like.
2. Where the workers are engaged in construction work, logging, firefighting, mining, quarrying, blasting, stevedoring, dock work,
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deep-sea fishing and mechanized farming.

3. Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products.
4. Where the workers use or are exposed to heavy or power-driven machinery or equipment.
5. Where workers use or are exposed to power-driven tools.
164 When Emergency Klmn The requirement for an emergency hospital or dental clinic not applicable when:
Hospital not
required 1. there is a hospital or dental clinic which is accessible from the employers establishment; and
2. the employer makes arrangement for the reservation therein of the necessary beds and dental facilities for the use of his
employees.
To be accessible, the hospital should be:

1. Within five kilometers from the workplace; or
2. Accessible within 25-minute travel.
-The employer must provide the transport in emergency cases.

-The employer shall enter into a written contract with the hospital or dental clinic for the use thereof in the treatment of workers in
case of emergency.
165 Health Program Klmn The physician engaged by an employer shall develop and implement a comprehensive occupational health program for the benefit of
the employees of his employer.
166 Qualification of Klmn The physicians, dentists and nurses shall have the necessary training in:
Health Personnel
1. industrial medicine; and 2. occupational safety and health.
167 Assistance of Klmn It shall be the duty of any employer to provide all the necessary assistance to ensure:
Employer 1. the adequate and immediate medical and dental attendance; and
2. treatment to an injured or sick employee in case of emergency
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First-aid treatment
Means: Adequate, immediate and necessary medical and dental attention or remedy given in case o f injury or sudden illness
suffered by a worker during employment, irrespective of whether or not such injury or illness is work-connected before more
extensive medical and/or dental treatment can be secured.
Does not include: Continued treatment or follow-up treatment for any injury or illness.
CASE: OCEAN BUILDERS VS. SPOUSES CUBACUB

SC: Art. 161 of the Labor Code provides:
ART. 161. Assistance of employer. – It shall be the duty of any employer to provide all the necessary assistance to ensure the
adequate and immediate medical and dental attendance and treatment to an injured or sick employee in case of emergency.
The Implementing Rules of the Code do not enlighten what the phrase “adequate and immediate” medical attendance means in
relation to an “emergency.” It would thus appear that the determination of what it means is left to the employer, except when a full-
time registered nurse or physician are available on-site as required, also under the Labor Code, specifically Art. 157 which provides:
Article 157. Emergency Medical and Dental Services. ─ It shall be the duty of every employer to furnish his employees in any locality
with free medical and dental attendance and facilities.
XXX
XXX
XXX
In the present case, there is no allegation that the company premises are hazardous. Neither is there any allegation on the number
of employees the company has. If Hao’s testimony would be believed, the company had only seven regular employees and 20
contractual employees ─ still short of the minimum 50 workers that an establishment must have for it to be required to have a full-
time registered nurse.
The Court can thus only determine whether the actions taken by petitioners when Bladimir became ill amounted to the “necessary
assistance” to ensure “adequate and immediate medical . . . attendance” to Bladimir as required under Art. 161 of the Labor Code.
As found by the trial court and borne by the records, petitioner Hao’s advice for Bladimir to, as he did, take a 3-day rest and to later
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have him brought to the nearest hospital constituted “adequate and immediate medical” attendance that he is mandated, under Art.
161, to provide to a sick employee in an emergency.
AT ALL EVENTS, the alleged negligence of Hao cannot be considered as the proximate cause of the death of Bladimir. Proximate
cause is that which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces injury, and without
which, the result would not have occurred. An injury or damage is proximately caused by an act or failure to act, whenever it appears
from the evidence in the case that the act or omission played a substantial part in bringing about or actually causing the injury or
damage, and that the injury or damage was either a direct result or a reasonably probable consequence of the act or omission.
168 Safety and Health Klmn The Secretary of Labor shall, by appropriate orders, set and enforce mandatory occupational safety and health standards:
Standards 1. to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and
2. to update existing, programs to ensure safe and healthful working conditions in all places of employment
Cross-refer to the visitorial and enforcement powers:

1. Law employment and enforcement officers and
2. Industrial safety engineers. Inspectors check:
a. signages and health precautions -Ex. Drug free; free from TB
b. Machineries and equipments
c. Electrical connections
169 Research Nina
170 Training Programs Nina
171 Administration of Nina Safety inspections are done annually by the Department to ensure that employer observes safety standards and provide safety
Safety and Health devices.
Law
172 Policy Nina WORKMEN’S COMPENSATIONS PROGRAM AND SIF
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Workmen’s Compensation is a general and comprehensive term applied to those laws providing for compensation for loss resulting
from the INJURY, DISABLEMENT, or DEATH of workmen through INDUSTRIAL ACCIDENT, CASUALTY or, DISEASE.
Compensation means the money relief afforded according to the scale established under the statute, as differentiated from
“compensatory damages” recoverable in an action at law for breach of contract or for tort.
Q:How is the amount of compensation determined?

A: In accordance with a definite schedule, based on the loss of earning power.
Purpose of Workmen’s Compensation

a. Improve the economic status of the worker
b. Avoid uncertainties, delay, expense, and hardship attendant upon the enforcement of court remedies
c. Transfer from the worker to the industry in which he is employed, and ultimately to the consuming public, a greater
proportion of the economic loss due to industrial accidents and injuries.
d. Improve the relations between employers and employees by avoiding or reducing the friction incident to litigation.
e. Provide, not only for employees a remedy which is both expeditious and independent of proof of fault, but also for
employers a liability which is limited and determinate.
Source of Compensation
Q: What are the two classes of sources of compensation?
A:
1. Direct Payment Statutes – payment by the employer directly to employee
2. Insurance Statutes
a. require the employer to take out insurance either with
i. an insurance bureau operated by the State
ii. private company
b. require an employer to contribute to a compensation fund – State Insurance Fund.
Labor Code adopts the Compensation Fund type wherein employers are required to remit to a common fund a monthly contribution
equivalent to one percent of the monthly salary credit of every covered employee.
The employee pays NO contribution into the fund; agreement to the contrary is VOID and PROHIBITED.
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Process
1. Injury befalls the employee

2. Within 5 days must notify employer, if notification is required, who in turn ,must enter notice in the logbook (Atty Belarmino: not
required to notify if employer pays for the initial medical expenses)
3. Within 5 days after entry employer is obliged to report the sickness, injury or death deemed work connected to:
a. SSS in private sector or;
b. GSIS in public sector
Note: The employer INITIALLY decides whether the injury, sickness or death is work related or not.
4. The claim is decided by the SSS or GSIS. Decisions of the two administering agencies are appealable to the Employees’
Compensation Commission, which is the policy making body, within 30 days.
a. If the result of the appeal is favorable to the employee, becomes final and executory; otherwise, appealable to the CA in
limited cases
b. If SSS or GSIS is reversed, the two systems cannot appeal to the CA.
The old WCC was abolished.
CASE: Jose B. Sarmiento vs. Employees’ Compensation Commission, et. al.
SC: The new law discarded the concepts of presumption of compensability and aggravation to restore what the law believes is a
sensible equilibrium between the ER’s obligation to pay workmen’s compensation and EEs right to receive reparation for work-
connected death or disability.
The new law establishes a state insurance fund built up by the contributions of employers based on the salaries of their employees.
The injured workers does not have to litigate his right to compensation. No employer opposes his claim. There is no notice of injury
nor requirement of controversion. The sick worker simply files a claim with a new neutral ECC which then determines on the basis of
employee’s supporting papers and medical evidence whether or not compensation may be paid. The payment of benefits is more
prompt. The cost of administration is low. The amount of death benefits has also been doubled.
Trust Fund
It is now the trust fund and not the employer that suffers if benefits are paid to the claimants who are not entitled under the law. The
employer joins the employee in trying to have their claims approved. The employer is spared the problem of proving a negative
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proposition that the disease was not caused by employment.
It is GSIS/SSS which protects the stability and integrity of the SIF against the payment of non-compensable claims.
Social Insurance
Employees compensation is based on social security principles. All covered employers throughout the country are required to
contribute fixed and regular premiums or contributions to a trust fund for their employees. Benefits are paid from this trust fund.
***Distinguish Workmen's Compensation Act from Employees' Compensation Law
Workmen’s Compensation Act Employees’ Compensation Law
Presumption of Compensability – once it is proven that The present Labor Code, abolished the presumption of
injury or disease arose in course of employment, the legal compensability and the rule on aggravation of illness
presumption was that the claim for compensation came caused by the nature of employment.
within the provisions of the compensation law
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The burden of proof that the illness did not arise out of
employment or at least aggravated by it, fell on the ER’s
shoulders.
Rule that if ailment aggravated by work employer becomes

liable
Requires the employer to controvert the claim within 14 No need to controvert because the claim is against the
days from disability or 10 days from knowledge otherwise SIF not the employer
considered waived
Under the present law for an employee to be entitled to sickness, injury or death benefits, it must be result form or must have
resulted:
1. Any illness definitely accepted as an occupational disease listed by the Commission
2. Any illness caused by employment subject to proof that the risk of contracting the same is increased by working
conditions
Presumptive Compensability for AFP Members and Policemen
In a limited sense, presumption of compensability has been restored.
The moment an AFP member/policemen suffers a contingency, the presumption is that it is because of the nature of his work;
provided that the evidentiary details of his injury, or death, are clearly established through duly issued medical certifications on
his injury or injuries, or death, by the attending physician or duly authorized representatives of the hospital where he is brought
for medical treatment.
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173 Definition of Terms Nina Definition of Terms
Dependents" means the

 legitimate, legitimated, legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and
 not over twenty-one^years of age or over twenty-one years of age provided he is incapacitated and incapable of self-
support due to a physical or mental defect which is congenital or acquired during minority;
 the legitimate spouse living with the employee; and
 the parents of said employee wholly dependent upon him for regular support." (As amended by Sec. 1, PD 1921.)
"Beneficiaries" means the

 dependent spouse until he/she remarries and dependent children, who are the primary beneficiaries.
 In their absence, the dependent parents and subject to the restrictions imposed on dependent children, the illegitimate
children and legitimate descendants, who are the secondary beneficiaries;
 Provided, That the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no
other dependent children who are qualified and eligible for monthly income benefit. (As amended by Sec. 1, PD 1921.)
COMPENSABLE WORK-RELATED INJURY DEFINED
What is compensated is not the injury or the disease itself but the attendant loss or impairment of earning capacity.
Rule III, Section 1(a):
For the injury and the resulting disability or death to be compensable, the injury must be the result of an employment accident
satisfying all the following grounds:
1. the employee must have been injured at the place where his work requires him to be;
2. the employee must have been performing his official functions; and
3. if the injury is sustained elsewhere, the employee must have been executing an order for the employer
Q: What does the term "arising out of' and "in the course of" the employment mean?
A:
Arising out of refer to the origin or cause of the accident and are descriptive of its character.
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In the course of the Employment –
-time, place and circumstances under which the accident takes place.
-when it takes place within the period of the employment , at a place where the employee reasonable may be, and while he is
fulfilling his duties or is engaged in doing something incidental thereto
Q: Is it necessary for the accident or risk be inherent to the employment?
A: No. Accident need not be foreseen or expected. It is sufficient that after the event it appears to have its origin in a risk connected
with employment, and to have flowed from that source as a rational consequence.
There is an existing conflict of views whether should be inherent to the employment (conservative view) or it is sufficient that
employee was exposed by reason of employment, not necessary that inherent (liberal view).
It has been stated that an accident arises out of employment if it ensues from a risk reasonably incident to the employment, and if it
is in some sense due to the employment. Again, the view has been taken that an injury arises out of the employment if the
employment is one of the contributing causes without which the accident which actually happened would not have happened.
The position has also been taken that an accident arises in the course of employment if it had its origin there in the sense that it was
the end-product of a force or cause set in motion in the course of employment.
Q: Is the compensation limited to the workplace premises and within hours of active labor?
A: NO. There is no precise formula for Sphere of Employment. Sphere of Employment varies, dependent upon the nature of the work
and terms and conditions in the hiring contract.
Not necessary it should have occurred during hours of active labor or in premises or within control of employer, employment
includes not only the actual doing of work, but also reasonable margin of time and space necessary to be used in passing to and
from the place where the work is to be done, where the latter is expressly included in the terms of employment.
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For an injury to be compensable, it is not necessary that the cause therefore shall take place within the place of employment. If a
workman is acting within the scope of his employment, his protection “in the course of” employment usually continues regardless
of the place of injury .
PROXIMATE CAUSE
It is the sufficient cause, which may be the most remote of an operation chain. It must be that which sets the others in motion and is
to be distinguished from a mere preexisting condition upon which the effective cause operates, and must have been adequate to
produce the resultant damage without the intervention of an independent cause.
The proximate legal cause is that acting first and producing the injury, either immediately or by setting other events in motion. They
constitute a natural and continuous chain of events, each having a close causal connection with its immediate predecessor. The final
event in the chain immediately effecting the injury is a natural and probable result of the cause which first acted, under such
circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable
ground to expect at the moment of his act or default that an injury to some person might probably
result therefrom.
The right to compensation extends to disability due to disease supervening upon and proximately and naturally resulting from a
compensable injury.
Where the primary injury is shown to have arisen in the course of employment, every natural consequence that flows from the injury
likewise arises out of the employment, unless it is the result of an independent intervening cause attributable to claimant's own
negligence or misconduct. Simply stated, all the medical consequences and sequels that flow from the primary injury are
compensable.
CASE: Belarmino vs. Employees’ Compensation Commission
Proximate Cause is the sufficient cause, which may be the most remote of an operation chain. It must be that which sets the others in
motion and is to be distinguished from a mere preexisting condition upon which the effective cause operates, and must have been
adequate to produce the resultant damage without the intervention of an independent cause.
In this case, the condition of the classroom floor caused Mrs. Belarmino to slip and fall and suffer injury as a result. The fall
precipitated the onset of recurrent abdominal pains which culminated in the premature termination of her pregnancy with tragic
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consequences to her. Her fall on the classroom floor brought about her premature delivery which caused the development of
septicemia postpartum which resulted in death. Her fall was the proximate or responsible cause that set in motion an unbroken
chain of events leading to her, demise.
But who is to blame for her inability to afford a hospital delivery and the services of trained doctors and nurses? The court may take
judicial notice of the meager salaries that government pays its school teachers. Forced to live on the margin of poverty, they are
unable to afford expensive hospital care. Penury compelled the deceased to scrimp by delivering her baby at home instead of in a
hospital.
CASE: Hinoguin vs. Employee’s Compensation Commission
The death of Sgt Hinoguin is compensable because the accident arose out of and in the course of his employment.
When an accident takes place within the period of the employment, at a place where the employee reasonable may be, and while
he is fulfilling his duties or is engaged in doing something incidental thereto, such accident is compensable.
The concept of “workplace” cannot always be literally applied to a soldier on active duty status. A soldier must go where his company
is stationed. Sgt. Hinoguin and his companions had permission to proceed to Aritao. This is a place where soldiers have secured
lawful permission to be and cannot be very different from a place where they are required to go by their commanding officer.
Hinoguin and his companions were not on vacation leave. They are authorized to carry their firearms with which they were to
defend themselves if NPA elements happen to attack them.
A soldier should be presumed to be on official duty unless he is shown to have clearly and unequivocally put aside that status or
condition temporarily by, e.g. going on approved vacation leave.
24-Hour Work Doctrine
SC held that members of the national police are by the nature of their functions technically on duty 24 hours a day. Except when
they are on vacation leave, policemen are subject to call all anytime and may be asked by their superiors or by any distressed citizen
to assist in maintaining the peace and security of the community.
However, the 24-hour duty doctrine should not be sweepingly applied to all acts and circumstances causing the death of a police
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officer but only to those which, although not on official line duty, are nonetheless, basically police service in character.
Soldiers and policemen and even firemen by the nature of their work may be considered on duty round-the clock. But this doctrine,
while it relaxes the workplace factor, does not dispense with the work-connection requisite.
To be compensable, the accident must satisfy the work-connection requisite.
GSIS vs. CA and F. Alegre
Under the pertinent guidelines of the ECC on compensability, for the injury and the resulting disability or death to be compensable,
the injury must be the result of an employment accident satisfying all of the following conditions:
(1) The employee must have been injured at the place where his work requires him to be;
(2) The employee must have been performing his official functions; and
(3) If the injury is sustained elsewhere, the employee must have been executing an order for the employer.
The death of SPO2 Alegre is not compensable because there was no reasonable nexus between the absence of the deceased from
his assigned place of work and the incident that led to his death.
In this case, the matter SPO2 Alegre was attending to at the time he met his death that of ferrying passengers for a fee, was
intrinsically private and unofficial in nature proceedings as it did from no particular directive or permission from his superior
officer. In the absence of such as in the case of Hinoguin and Nitura, or peacekeeping nature of the act attended to by the
policeman at the time he died even without the explicit permission or directive of a superior officer, as in Alavaran, there is no
justification for holding that SPO2 Alegre met the requisites set forth in the ECC guidelines.
Valeriano vs. Employees’ Compensation Commission and GSIS - firetruck
Not compensable because he sustained the injuries after pursuing a purely personal and social function – having dinner with some
friends.
Because he was neither at his assigned work place nor in pursuit of the orders of his superiors when he met an accident and more
importantly was not doing an act within his duty and authority as a firetruck driver, or any other act of such nature, at the time he
sustained his injuries.
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There is not any reasonable connection between his injuries and his work as a firetruck driver.
INGRESS-EGRESS/PROXIMITY RULE
The general rule in workmen’s compensation law known as “going and coming rule,” simply stated, is that “in the absences of special
circumstances, an employee injured in, going to, or coming from, his place of work is excluded from the benefits of workmen’s
compensation act.”
Exceptions:
1. Where the employee is proceeding to or from his work on the premises of his employer
2. Where the employee is about to enter or about to leave the premises of his employer by way of the exclusive customary means
of ingress and egress (Proximity Rule)
3. Where the employee is charged, while on his way to or from his place of employment or at his home, or during his employment,
with some duty or special errand connected with his employment.
4. Where the employer, as an incident of the employment, provides the means of transportation to and from the place of
employment.
Iloilo Dock & Eng’g. Co. vs. WCC
The accident is compensable because it falls within the exception that where the employee is about to enter or about to leave the
premises of his employer by way of the exclusive customary means of ingress and egress or where the employee is proceeding to
or from his work on the premises of his employer.
The point where Pablo was shot was barely twenty meters away from the main IDECO gate, certainly nearer that a stone’s throw
therefrom. The spot is immediately proximate to the IDECO’s premises. Considering the fact, and further facts that Pablo has just
finished overtime work at the time, and was killed barely two minutes after dismissal from work and the place was immediately
proximate to the place of work, the accident in question must be deemed to have occurred within the zone of employment and
therefore arose out of and in the course thereof.
Bountiful Brick Company vs. Giles -
XPN:where the employee is proceeding to or from his work on the premises of his employer.
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Employment includes not only the actual doing of work, but reasonable margin of time and space necessary to be used in passing
to and from the place where the work is to be done. If the employee be injured while passing, with the express or implied consent
of the employer, to or from his work by a way over the employer’s premises, or over those of another in such proximity and
relation as to be in practical effect a part of the employer’s premises, the injury is one arising out and in the course of the
employment as much as though it had happened while the employee was engaged in his work at the place of its performance.
XPN 1: Where the employee is proceeding to or from his work on the premises of his employer. “GOING TO OR COMING FROM
WORK” RULE
Resolution No. 3914-A, July 5, 1988 – extending the compensable coverage of off-premises injury from near the premises up to the
residence of the employee. The resolution provides that an injury or death of a covered member in an accident while he is going
to, or coming from, the workplaces, shall henceforth be duly considered compensable provided the following conditions are
established definitely:
1) The act of the employee of going to, or coming from, the workplace, must have been a CONTINUING ACT, that is, he had not been
diverted therefrom by any other activity, and he had not departed from his usual route to, or from, his workplace; and
2)an employee on an special errand, the special errand must have been official and in connection with his work.
Alano vs. ECC (Accident on the way to work)
The act of the employee of going to, or coming from, the workplace, must have been a CONTINUING ACT, that is, he had not been
diverted therefrom by any other activity, and he had not departed from his usual route to, or from, his workplace.
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The deceased died while going to her place of work. She was at the place where her job necessarily required her to be if she was to
reach her place of work on time. There was nothing private or personal about her being at the place of the accident. She was there
because her employment required her to be there.
Lazo vs. Employees’ Compensation Commission (Accident on the way home)
The act of the employee of going to, or coming from, the workplace, must have been a CONTINUING ACT, that is, he had not been
diverted therefrom by any other activity, and he had not departed from his usual route to, or from, his workplace
There is no evidence that he deviated from his usual, regular homeward route or that interruptions occurred in the journey. Lazo left
his station at the Central Bank several hours after his regular time off, because the reliever did not arrive, and so he was asked to go
on overtime. After permission to leave was given, he went home.
INJURY AT PLACE OF EMPLOYMENT NOT NECESSARY ELEMENT OF COMPENSABILITY
For an injury to be compensable, it is not necessary that the cause therefor shall take place within the place of employment. If a
workman is acting within the scope of his employment, his protection "in the course of employment usually continues, regardless
of the place of injury
In fine, the general rule is that the accident should have occurred at the place of work and this is known as the "direct premises
rule." But there are exceptions. The coming-and-going rule and the ingress-egress/proximity rule are just two of the exceptions.
INCIDENTS OF EMPLOYMENT
It is settled that injuries sustained in connection with acts which are reasonably incidental to the employment are deemed as arising
out of such employment.
1) Acts of personal ministration for the comfort or convenience of the employee
2) Acts for the benefit of the employer
3) Acts done to further the goodwill of the business
4) Slight deviations from work, from curiosity or otherwise
5) Acts in emergency
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1. Acts of Ministration are those done by a person for the purpose of satisfying the call of nature, such as: quenching his
thirst, relieving himself by way of urination or excretion etc.injuries sustained thereby are compensable.
Rest or Refreshment The general rule is that injuries occurring to an employee during an intermission or break for rest or
refreshment arise in the course of the employment and are compensable. Such rule is not affected by the fact that the
employee is paid by the hour and receives no pay for the period covered by such intermission. Whether an employee, by
resting during work hours, departs from, abandons, or breaks his employment so as to deprive himself of the right to
compensation for any injury sustained while so resting generally depends upon whether such resting, in view of all the
circumstances is reasonable incident to the employment.
Lunch Period an accidental injury to an employee is not covered by workmen’s compensation as being one arising out of
and in the course of employment if it occurs OFF the employer’s PREMISES while the employee is going or coming from
lunch on UNPAID TIME.
It is compensable – even work was not actively in progress, where the eating of the lunch is on the premises with the ER’s
knowledge and consent, express or implied.
2. Acts for the benefit of the employer
General rule is that injuries occurring before or after regular working hours are not within the course of employment.
However, an injury sustained by an employee outside his regular working hours or during a temporary stoppage or cessation
of work may, nevertheless, under some circumstances, be compensable as arising out of and in the course of the
employment, and is generally held to be so where the employee was at the time engaged in the performance of some
service for the benefit of the employer in connection with his usual duties.
Injuries sustained by an employee at his own home or upon his own premises, in connection with the performance of the duties of
his employment, are generally held to be compensable where such work is done there pursuant to the terms of the contract or
pursuant to the direction or request of the employer, but not where it is there performed voluntarily by the employee for his own
convenience or benefit.
ACTS FOR THE BENEFIT OF EMPLOYER

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The general rule is that injuries occurring before or after regular working hours are not within the course of employment. However,
an injury sustained by an employee outside his regular working hours or during a temporary stoppage or cessation of work may,
nevertheless, under some circumstances, be compensable as arising out of and in the course of the employment, and is generally
held to be so where the employee was at the time engaged in the performance of some service for the benefit of the employer in
connection with his usual duties.

While Doing Work at Home

When compensable? Injuries sustained by an employee at his own home or upon his own premises, in connection with the
performance of the duties of his employment, are generally held to be compensable where such work is pursuant to the direction or
request of employer.

When NOT Compensable?
When work performed voluntarily by the employee for his own convenience or benefit.

ACTS DURING EMERGENCY

According to many authorities the following are injuries arising out of and in the course of his employment and entitling the
employee to compensation:
Example:
1. Death of an EE in an attempt to rescue a co-employee.
1) Outside the scope of his usual duty

a. Which the employer has expressly ordered to do by someone authorized to direct him as to his work or;
b. Even in the absence of orders when such act is reasonably necessary or incidental to his regular work, particularly
where an emergency existed
c. Even without emergency, direct orders or reasonable necessity, if it was done in the furtherance of the employer’s
business or in pursuance of a habit or custom
EXTRA-PREMISES RULE (shuttle bus rule)

When the company provides the means of transportation, it is liable for injuries sustained while on board because the
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transportation vehicle is an extension of its premises.
SPECIAL ERRAND RULE
An injury sustained by an employee outside the company premises is compensable if his being out is covered by an office order or a
locator slip or pass for official business.
Recreational Activities fall under the so-called “special engagement rule” which is one of the exceptions to the “direct premises
rule.” This exception covers field trips, intramurals, outings, and picnics when initiated or sanctioned by the employer. Accidents
befalling employees on those occasions are compensable. *Considered as an incident of employment

WHILE LIVING, BOARDING, OR LODGING ON PREMISES OF EMPLOYER, OR AT WORKING PLACE
The mere fact that an employee was living on the employer’s premises at the time of injury does not ordinary of itself, render such
injury compensable as arising out of or in the course of the employment where such residence on the employer’s premises is merely
permissive and not required, or where the injury results from a risk or danger which is not reasonable incidental to employment.
When compensable:
1. living in the premises pursuant to an express or implied requirement of the contract
2. attributable or incidental to the nature of the employment or
3. under conditions under which he lives in the performance of his duties
Use of own vehicle
Compensable – as long he was injured in an accident while going to or from work.
Effect of Deviation from Route, Schedule, or Mode of Travel Non Compensability of Deviation depends upon the Extent, Purpose
and Effect Thereof –
An unauthorized deviation may preclude recovery of compensation for an injury caused by an added peril to which the employee is
thereby exposed during the period of the deviation, but the compensability of an injury occurring after the deviation has ended and
the employee is again in the course of his employment is not ordinarily affected thereby.
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Effect of M i n g l i n g of Purposes of Employer and Employee; Dual Purpose Doctrine
An employee's status of acting in the course of his employment is not destroyed by the fact that he may be pursuing a dual purpose.
Stated briefly, the "dual purpose" doctrine, considers as compensable an injury that an employee sustains while on a trip
undertaken for the benefit of the employer even if in the course thereof the employee pursues also a personal purpose.
EMPLOYER-SPONSORED ACTIVITIES
In determining whether an injury suffered by an employee in the course of recreation is compensable, the test is whether the
recreation was for the employee's exclusive benefit, or whether the employer had some interest in the activity.
ACTS OF GOD OR FORCE MAJEURE
General Rule: The employer is not responsible for accidents arising from force majeure or an act of God, when the employee has
not been exposed to a greater danger than usual.
Exception: Positional and Local Risks, when one in the course of his employment is reasonably required to be at a particular place
at a particular time and there meets an accident, although one which any other person then and there present would have met
irrespective of his employment, that accident is one “arising out of the employment” of the person so injured. Employers are held
liable for compensation because were it not for the order the employee would not have been at said position or location which
exposed him to the said danger.
ASSAULT
Jurisprudence is to the effect that injuries sustained by an employee while in the course of his employment, as the result of an assault
upon his person by another employee, or by a third person, no question of the injured employee’s own culpability being involved, is
compensable where, from the evidence presented, a rational mind is able to trace the injury to a cause set in motion by the nature
of the employment, or some condition, obligation or incident therein, and not by some other agency.
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When a quarrel had its origin at work, injury from assault committed outside the work premises is deemed compensable. The SC
reasoning that it was merely a continuation or extension of the quarrel that begun within; that continuity of the case had been so
combined with continuity in time and space “that the quarrel from origin to ending must be taken as one”
“Increased Risk” Jobs
1. Jobs having to do with keeping the peace or guarding property

2. Jobs having to do with keeping or carrying of money which subject the employee to the risk of assault because of the increased
temptation to robbery
3. Jobs which expose the employee to direct contact with lawless and irresponsible members of the community, like that of a
bartender; and
4. Work as a bus driver, taxi driver, or street car conductor.
PRESUMPTIVE COMPENSABILITY of NPA VICTIMS
Quebec vs. GSIS
The moment an AFP member suffers a contingency, the presumption is that it is because of the nature of his work. it has become
generally perceptible that on account of the nature of their work, members of the AFP have become “marked men” insofar as
insurgents and other lawless elements are concerned and are, therefore killed by such insurgents at every opportunity. Same
problem is true to the members of the police force. Police officers are also targets of the insurgents an other lawless elements.
When not applicable?
Jahuran vs. GSIS
Presumption only attaches when the members of the AFP are killed by insurgents or lawless elements because of the mere fact that
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they are soldiers. In the case at bar Jahuran’s heirs were denied compensability although he was killed by another member of the
Philippine Constabulary because evidence revealed the indeed the incident was brought about by personal conflicts.
As can be discerned from the above resolution, it covers a situation where members of the AFP are killed by insurgents or lawless
elements because of the mere fact that they are soldiers. In the case at bar, the deceased was not killed by insurgents but by another
member of the Philippine Constabulary.
EFFECTS OF VIOLATION OF RULES
Acts within the sphere of employment but carried out in violation of some employer-promulgated rules are compensable.

1. Where the violation of the rule itself did not bring about the cause of the accident
Example:
-The fact that the driver of a truck took his family along on an official trip, in violation of a standing company regulation, did not
defeat compensation.
2. Where there is serious doubt that the prohibition was known to the employees injured.
Example: Where there was doubt that employees know of the prohibition, violation thereof did not defeat compensation,
especially if the violation did not cause the accident.
3. Where the violation was not intentional but due to carelessness or negligence.
Example: Where the employee violated a policy of the employer, on orders of the manager under whom he worked, the resulting
injury was compensable.
Hawaiian-Philippine CO. vs. WCC:
If the injury or death was the result of horseplay or larking among employees, the courts have declared the same as a compensable
accident. There can be no question that horseplay or larking is unfortunately too common in factory life.
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WHEN NOT COMPENSABLE ?
Memo Aid: SIN. Suicide, Intoxication, Notorious negligence
If the injury results from intoxication whether or not the company rule is violated. It will be seen under Art. 172 that the disability or
death is not compensable if it is caused by the employee’s intoxication, willful intention to injure or kill himself or another, notorious
negligence, or otherwise excluded from coverage of law.
SICKNESS, DEFINED; OCCUPATIONAL OR COMPENSABLE DISEASE
Any illness definitely accepted as an occupational disease listed by the Commission, or any illness caused by employment subject to
proof by the employee that the risk of contracting the same is increased by working conditions. For this purpose, the Commission is
empowered to determine and approve occupational diseases and work-related illnesses that may be considered compensable based
on peculiar hazards of employment.
Occupational Disease - the disease is a natural incident of a particular occupation and attach to that occupation a hazard which
distinguishes it from the usual run of the occupation and is in excess of the hazard attending the employment in general.
Duties of Employer Regarding Occupational Disease
Under Rule III, Sec. 2 of the Amended ECC Rules, the employer is bound to require preemployment examination of employees
exposed to occupational diseases.
THEORY OF INCREASED RISK
– to establish compensability, the claimant must show proof of reasonable work-connection, not necessarily direct causal relation.
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The degree of proof required is merely substantial evidence.
Increased Risk Shown
Clemente vs. GSIS: Janitor of a clinic exposed
Working as a cleaner in a skin clinic whereas the deceased was exposed to different carriers of viral and bacterial diseases.
Narazo vs. ECC: (Uremia)
Facts:
As per finding of the ECC, "Uremia is a toxic clinical condition characterized by restlessness, muscular twitching, mental disturbance,
nausea, and vomiting associated with utenal insufficiency brought about by the retention in blood of nitrogenous urinary waste
products." One of its causes is the obstruction in the flow of urinary waste products.
SC: The cause of death is work-connected. The risk of contracting the illnesswas aggravated by the nature of the work, hence entitled
to compensation.
Deceased was a Budget Examiner. From human experience, prolonged sitting down and putting off urination result in stagnation
of urine. This encourages the growth of bacteria in the urine, and affects the delicate balance between bacterial multiplication rates
and the host defense mechanisms. Delayed excretion may permit the retention and survival of microorganisms which multiply
rapidly, and infect the urinary tract.
Increased Risk Not Shown
Quantum of Evidence: to prove the cause of the ailment or the increased risk from the job “can obviously be determined only on a
case-to-case basis”
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Limbo vs. ECC: Absence of the sickness from the list of Occupational Diseases is not a bar to petitioner to claim so long as he can
prove that the risk of contracting the illness was increased by his working conditions. In determining whether a disease is
compensable, it is enough that there exists a reasonable work connection as the workmen’s claim is based on probability and not on
certainty.
Dabatian vs. GSIS: Aside from the undisputed fact that the deceased was a heavy coffee drinker, which was his way of warding off
sleepiness; no evidence was ever adduced by claimant to bolster the theory that her husband’s work increased the risk of contracting
the ailment.
Being a heavy coffee drinker may have aggravated his peptic ulcer, but aggravation of an illness is no longer a ground for
compensation under the present law.
The Supreme Court takes notice of the fact that the conditions in this case are not peculiar to the work mentioned therein. Many, if
not most, employees are equally exposed to similar conditions but have not been victims of peptic ulcer.
Sarmiento vs. ECC: Parotid carcinoma or cancer of the salivary glands is not an occupational disease considering the deceased’s
employment as accounting clerk and later as manager of the budget division. The petitioner must, therefore, prove that his wife’s
ailment was caused by her employment or that her working conditions increased the risk of her contracting fatal illness.
The evidence presented by petitioner that her field trips necessitated her to take frequent plane travels which caused deafening
and numb sensation in the ears were held by the court as mere conjectures and not sufficient to grant her relief.
SPECIFIC DISEASES/AILMENTS
1. Adenocarcinoma of the Ileocaecal Junction A malignancy affecting a certain portion of the small intestines, it is not listed as an
occupational disease. Despite scientific advances on the matter, even professional experts have not as yet determined its cause.
Since its cause is not known, there is no duty on the part of the claimant to present proof, since proof is required only when
the cause of the disease is known.
2. Asbestosis Guidelines:
a. the employee must have been exposed to asbestos dust in the workplace, as duly certified to by the employer, or by a medical
institution, or competent medical practitioner acceptable to, or accredited by the System
b. The chest x-ray report of the employee must show findings of asbestos, or asbestos-related disease, (e.g. plural plaques,
pleural thickening, effusion, neoplasm and interstitial fibrosis;
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c. in case the ailment is discovered after the employees’ retirement/separation from the service, the claim therefore must be
filed with the System within (3) years from discovery
3. Bangungot - The exact cause of death is still unknown. But even if the deceased died of “bangungot”, still, where the cause of an
ailment is unknown and undetermined even by medical science, the requirement of proof of causal link between the ailment
and the working conditions should be liberalized.
4. Bells Palsy, Anxiety Neurosis, Peripheral Neuritis Not among those listed occupational diseases, thus, the claimant must prove
that he contracted the disease in the course of employment.
5. Cancer of the Pancreas- Still of unknown origin. One cannot conclude that employment increased the risk of contracting the
disease unless it be shown that such is caused by the specific working environment.
6. Cancer of the Stomach In ECC Resolution No. 247-A, dated April 13, 1977, cancer of the stomach and other lymphatic and blood
forming vessels is considered occupational only among wood-workers, loggers, carpenters and employees, in plywood, pulp and
paper mills but notas a prison guard.
7. Carcinoma of the Breast with Metastases to the Gastrointestinal Tract - also not listed by the Commission and not an
occupational disease among teachers. Metastases to the gastrointestinal Tract and lungs is listed as occupational disease only
among workers in pulp and paper mills and plywood mills, and vinyl chloride and plastic factories.
Since carcinoma of the breast is not an occupational disease among teachers or in their particular employment, it becomes
incumbent upon such claimants to prove that their working conditions increased the risk of their contracting the fatal illness.
8. Cardiovascular Failure - Under the restrictive provisions of the Labor Code, which cast aside the presumption of compensability
provided in the Workmen’s Compensation Act, cardiovascular disease, which includes myocardial infarction, is listed as a work-
related disease.
9. Chronic Glomerulonephritis - not among the listed compensable illnesses thus, claimant must adduce persuasive proof.
10. Chronic Osteomylitis - not among the listed compensable illnesses thus, claimant must show a reasonable connection between
his ailment and the nature of employment.
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11. Chronic Pylonephritis, Diabetes Mellitus, Anemia, Pulmonary Metastases (Cancer) - not occupational diseases under the Labor
Code.

12. Gallstone - not a compensable illness
13. Incomplete Abortion

Carvajal v. ECC -
The law provides that a compensable sickness means any illness accepted as an occupational disease by the ECC; or any
illness caused by the employment subject to proof by the employee.
In this case, it is not considered as a desirable place for pregnant women when the occupation involves heavy lifting or
work or continuous standing because pregnant women become tired more readily; therefore, the prevention of fatigue
must be stressed very emphatically. Records reveal that petitioner’s wife, while working as campaign clerk in the
Treasurer’s Office of San Juan, Eastern Samar, suffered “two attacks of vaginal bleeding and hypogastric pain” attributing
said ailment to the lifting of heavy tax declaration books due to incomplete abortion.
EVIDENCE; DEGREE OF PROOF
Proof of direct causal relation is not, however, indispensably required. It is enough that the claimant adduces proof of reasonable
work connection, whereby the development of the disease was brought about largely by the conditions present in the nature of
the job.
Strict rules of evidence are not demanded. The degree of proof required is merely substantial evidence, which has been held to be
such relevant evidence as a reasonable mind might accept as sufficient to support a conclusion. Under the law, it is not required that
the employment be the sole factor in the growth development or acceleration of claimant’s illness to entitle him to the benefits
provided for. It is enough that his employment had contributed even to a small degree.
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NEW DOCTRINE: PROOF IS REQUIRED
174 COMPULSORY Nina Employees compulsorily covered are those not over 60 years of age; or over 60 if he had been paying contributions to the
COVERAGE System prior to age 60 and has not been compulsorily retired
175 FOREGIN Nina Filipinos working abroad for employers doing business in the Philippines are covered by the employee’s compensation
EMPLOYMENT law. They are entitled to the same benefits as for those working in the Philippines. Considering their situation, the
application for the rule on accreditation of hospitals and physicians and the rule requiring notice to employers is relaxed.
176 State Insurance Fund Riza Employer: Take effect on the 1st day of his operation
( Effective Date of Employee: On the date of his employment
Coverage )
177 Registration ( SIF ) Riza Each employer and his employees shall register with the System
Private Sector - SSS
Gov’t/Public Sector - GSIS
178 Limitations of Riza GENERAL RULE: The employees' compensation law is intended to assist innocent victims of employment accident or work-related
Liability illness but not self-inflicted or self-courted contingencies.
Exception to the Coverage of SIF ( Disability of Death is because of employees’ )

1. Intoxication or Drunkenness
2. Will intention to injure or kill himself
● Suicide or Provoke Death not Compensable
EXCN: Interiorent Case : Thai Police killed a seaman when he ran amuck with a knife on the streets since he was not
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in control of his mental faculties (Mental disorder ), Since he was not in control - this is compensable
● Sucide when Compensable :
Naess case ( Cook killed a second cook, and there after jump overboard ) - This is because NAESS specified in the contract regardless
of the cause of death, employer will pay compensation. No law or rule would make it illegal for an employer to assume the
obligation to pay death benefits in favor of his employee in their contract of employment
3. Notorious Negligence
- Is something more than simple or contributory negligence. It signifies a deliberate act of the employee to disregard
his own personal safety
-
Note: Disobedience to rule and/or prohibition does not itself constitute notorious negligence, If NO INTENTION can be attributed to
the injured to end his life
The presumption then to be adopted is that any person by his instinct of self-preservation wants to avoid such danger unless an
intention is attributed to him to end his life.
Considering the soldier's training on explosives as a ranger, his desire to test the confiscated dynamite is but a natural reaction on his
part to the extent that he even ignored the advice of his colleague against his plan. Unfortunately, the dynamite exploded
prematurely causing his instant death.
In view of the foregoing, the ECC reversed the respondent System's decision and ordered payment of the claim to the appellant.
CASE: MABUHAY SHIPPING SERVICE
How about in a case of one who ran amuck or who in a state of intoxication provoked a fight as a result of which he was killed? Is the
employer similarly exempt from liability?
When the death of the seaman resulted from a deliberate or willful act on his own Life, and it is directly attributable to the seaman,
such death is not compensable. No doubt a case of suicide is covered by this provision.
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By the same token, when as in this case the seaman, in a state of intoxication, ran amuck, or committed an unlawful aggression
against another, inflicting injury on the latter, so that in his own defense the latter fought back and in the process killed the seaman,
the circumstances of the death of the seaman could be categorized as a deliberate and willful act on his own life directly attributable
to him. First, he challenged everyone to a fight with an axe. Thereafter, he returned to the mess hall, picked up and broke a cup and
hurled it at an oiler Ero who suffered injury. Thus provoked, the oiler fought back. The death of seaman Sentina is attributable to his
unlawful aggression and thus is not compensable.
179 Extent of Liability Riza 1. Unless otherwise provided, the Liability of the SIF shall be exclusive and in place of all other liabilities of the employer to the
employee, dependents or anyone otherwise entitled to received damages
Ysmael case : Cannot be allowed to maintain to recover additional damages under the Civil COde. They had previously filed and
had already received compensation payable to them under the Workmen's Compensation act. No double remedy.
2. Simultaneous recovery under the Labor Code and the SSS is allowed under SSS Law
180 Liability of Third Riza 1. Death / Disability is caused by circumstances creating a legal Liability against Third Party
Parties - THIS SHALL BE paid by the SYSTEM
In case the benefit is paid under the labor code, the System shall be subrogated to the rights of the disabled employee / dependants
In case of death - in accordance with the General Law
2. System recovers from such 3rd Party damages in excess of those paid or allowed -
-Excess will be delivered to the disabled employee or dependents, after deducting the cost of the proceedings
OPTIONS AVAILABLE: BENEFITS UNDER THE COMPENSATION LAW OR UNDER THE CIVIL CODE
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CASE: YSMAEL
The action is selective and the employee or his heirs have a choice of availing themselves of the benefits under the WCA or of
suing in the regular co'irts under the Civil Code for higher damages from the employer by reason of his
negligence. But once the election has been exercised, the employee or his heirs are no longer free to opt for the other remedy, i.e.,
the employee cannot pursue both actions simultaneously.
After one had staked his fortunes on a particular remedy, he is precluded from pursuing the alternate course, at least until the prior
claim is rejected by the Compensation Commission.
181 Deprivation of Riza No contract, regulation or device shall operate to deprive employee or his dependents of any part of the income benefits and medical
Benefits or related services granted under the Labor code.
Existing medical services provided by the employer shall be maintained and continued
182 Employees’ Ruby I. Structure of ECC:

Compensation 1. Chairman - Secretary of Labor and Employment
Commission 2. Four (4) ex-officio members:
a. SSS Administrator
183 Powers and duties of Ruby b. GSIS President and General Manager
employees’ c. ECC Executive Director
compensation d. Medicare Chairman
commission 3. Two (2) appointive members for a term of six years each:
a. One representing the employers
184 Management of Ruby b. One representing the employees
Funds
II.Functions of ECC
185 Investment of funds Ruby
● Policy-making body of the ECC
186 Settlement of funds Ruby
● Appeal body - the decisions of either SSS or GSIS, if unfavorable to the claimant, are appealable to the ECC. Upon appeal, the
system elevates the record of the case to the ECC for review.
187 Review Ruby
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188 Enforcement of Ruby ❖ ECC shall decide the appealed cases within 20 working days from the submission of the evidence
duties
❖ Decisions, orders or resolutions of ECC may be reviewed on certiorari by the SC on questions of law upon petition of
189 Ruby an aggrieved party within 10 days from notice thereof.
● ECC Program has 3 thrusts/ components:
1. Preventive Thrust - mission is to minimize and control hazards in the working environment.
2 Agencies involved:
(i) Bureau of Working Conditions (BWC) of DOLE - inspects work premises
(ii) Occupational Safety and Health Center (OSHC) - trains safety engineers, tests safety equipment and undertakes
research work
2. Compensative Thrusts - EE thru GSIS/SSS pays benefits to government and private sector workers who suffer
work-connected contingencies. In case of death, the benefits are given to the beneficiaries.
3. Curative Thrusts - take the responsibility for the treatment of sickness or injury that a worker may suffer in line of
duty as well as the rehabilitation of those who are disabled.
III. Investment of Funds

● State Insurance Fund (SIF) - name of the fund wherein all revenues that are not needed to meet current operational
expenses are accumulated
- Shall be used exclusively for payment of the benefits
190 Government Shiela The government guarantees the benefits prescribed in the Code, and accepts the general responsibility for the solvency of the State
Guarantee Insurance Fund.
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191 Medical Services Shiela 3 Kinds of “compensation” extended to the employee/beneficiaries:
192 Shiela The Compensation extended are of three kinds:

A. Services
193 Shiela 1. medical services, appliances and supplies;
2. rehabilitation services
194 Shiela B. Cash income benefit or pension due to:
a. Temporary Total Disability
195 Shiela b. Permanent Total Disability
c. Permanent Partial Disability
d. Death
C. Funeral Benefit
1. 1. Services
a. Medical Services, Appliances, and Supplies
i. Begins on the first day of injury or sickness
ii. Continues during the subsequent period of his disability and as the progress of his recovery may
require
iii. Periodic medical report from the attending physician has to be submitted
iv. Employee is entitled to the benefits ONLY for the WARD services of an ACCREDITED hospital AND
accredited physician (AHP)
v. Employees’ Compensation Commission (ECC) AHP are NOT ALLOWED to ask any deposit from EC
patients as requisite for admission.
vi. ECC AHPs are also NOT ALLOWED to collect any amount from EC patients as charges or treatment.
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vii. ECC AHPs are privileged to claim reimbursement with the ECC through the system for expenses
incurred in the treatment of EC patients.
viii. MEDICINES purchased by EC patients are REIMBURSED 100%.
ix. Expenses incurred in the ICU are also FULLY paid.
x. DURATION OF MEDICAL LIABILITY: for as long as the employee is sick; liability for medical care lasts
during the “period of disability”; Liability DOES NOT end when employment terminates
xi. REIMBURSEMENT: employee’s right of reimbursement is NOT extinguished upon death. Said right is
transmitted to the legal heirs.
xii. REIMBURSABLE MEDICAL EXPENSES: not only those incurred for the primary illness but even those
for its complications even if the complications developed after the employee’s retirement.
b. Rehabilitation Services – to meet the individual needs of each handicapped employee to restore him to suitable employment;
to help each rehabilitee develop his mental, vocational, or social potential.
1. 1. Cash Income Benefit or Pension
a. Temporary Total Disability
b. Permanent Total Disability
c. Permanent Partial Disability
d. Death
2. 2. Funeral Benefit
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CASE:
SC: The complications that arose from appellant's primary illnesses, PTB and COP.D. No. (Emphysema) were brought about by the
intake of several medications like steroids, antibiotics, and diuretics. For this reason, we believe that appellant is entiTLed to
reimbursement of medications used in treating the complications, Diabetes Mellitus and Stomach Ulcerations (Gastritis).
196 Rehabilitation Shiela Three stages of rehabilitation:

Services
A. Physical rehabilitation – includes physical therapy by the rehabilitation center of the ECC AHP, furnishing of prosthetics and
appliances all paid by the ECC.
B. Vocational rehabilitation - involves evaluation by guidance psychologist of the ECC and sending to vocational school of those
found ready to reengage in gainful employment.
C. Vocational placement – involves job placement by the Employment Service Officer to help him become independent and gainfully
employed.
197 Temporary Total Shemar What is Disability? Disability does not refer to the injury nor the pain and suffering it has occasioned, but to the loss or impairment
Disability of earning capacity.
Thus, even if an employee suffers a service-connected injury or illness as long as he goes on working without any reduction
whatsoever in his earning capacity, there is no disability and, therefore, he is not entitled to any income
benefit.
Disability is defined as loss or impairment of a physical or mental function resulting from injury or sickness (Art.167)
When is there a Disability? There is disability when there is a loss or diminution of earning power because of actual absence from
work due to the injury or illness arising out of and in the course of employment.
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What is the basis of the benefits? The basis of compensation is reduction of earning power. If the employee still earns, he is not
entitled to any income benefit.
What are the categories of disabilities:
a)Temporary Total Disability -Unable to perform gainful occupation for ..1 to 120 days
b)Permanent Total Disability- Incapacity to perform gainful work which is expected to be permanent. Regardless WON he loses the
use of any part of his body.. More than 120 days
c)Permanent Partial Disability - Suffers a permanent partial loss of the use of any part of his body. (FUNCTIONAL LOSS OF THE USE
OR PHYSICAL LOSS OF THE MEMBER.)
CASE: VICENTE VS ECC

Total disability may either be temporary or permanent. Total disability does not mean a state of absolute helplessness, but means
disablement of an employee to earn wages in the same kind of work, or a work of similar nature, that he was trained for or
accustomed to perform, or any kind of work which a person of his mentality and attainment could do.
The object of the law in allowing compensation during temporary disability is to compensate the laborer or employee for what he
might have earned during the period of the treatment of his injury.
On the other hand, the object of the law in granting compensation for a permanent disability is to compensate the injured laborer
or employee for the actual and permanent loss of a member of the body, or the use thereof.
198 Permanent Total Shemar

Disability LIST OF PTD (Permanent Total Disability)
1. Temporary total disability lasting continuously for more than 120 days, except otherwise provided;
2. Complete loss of sight of both eyes;
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3. Loss of two limbs at or above the ankle or wrist;
4. Permanent complete paralysis of two limbs;
5. Brain injury resulting in incurable imbecility or insanity; and
6. Such cases as determined by the Medical Director of the System and approved by the Commission.
SUSPENSION OF BENEFITS: shall be suspended if:
1) failure of employee to present for examination at least once a year upon notice by the System,
2) failure to submit a quarterly medical report certified by attending physician
3) COMPLETE or FULL recovery from his permanent disability; or
4) upon being GAINFULLY EMPLOYED (ECC Rules)
199 Permanent Partial Shemar A covered employee shall continue to receive the benefits provided thereunder even if he is gainfully employed and receiving wages
Disability or salary.
200 Shemar Death benefits: (SURVIVOR’S BENEFITS)

Death benefits:
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(SURVIVOR’S a) What: Monthly income benefits plus 10 %.

BENEFITS)
b) Who will get what: Monthly income benefit to the widow or wife, in case husband dies, or child, 10% monthly income for the
Types of Beneficiaris beneficiary.
c) Limitation: If minor beneficiary is already of age, he cannot get. If the wife remarries, the share is stopped, no longer qualified to
receive benefit. A spouse is always a dependant.
d) Requirement: Legal or lawfully wedded- spouse. Marital Status is important.
e) Form of Payment: Cash monthly pension
1) For life to the Primary beneficiaries, guaranteed for (5) FIVE YEARS;
2) For not more than 60 months to the secondary beneficiaries in default of primary;
3) In no case shall the total benefit be less than P15,000
f) If 2 wives will claim, who will get? Prevail SC ruling: the first or legal wife will get. The wife must show that she is legally married
to the deceased.
TWO WIVES: always in favor of first or Legal wife. BUT If second wife is bona fide in good faith and innocent of the husband being
already married, SC ruled in one case that the second wife shall receive equally with the 1 st wife.(Consuegra v. GSIS, 1971);
Compromise settlement is also allowed between theml
TWO MUSLIM WIVES: As to Muslim husbands, where 2 or more wives are allowed under the Muslim law. if the Muslim husband
dies, the wives will share the benefits equally, each as primary beneficiary.
DEATH BENEFIT AND BENEFICIARIES
Death benefits are paid in the form of cash monthly pension:

a. for life to the primary beneficiaries, guaranteed for five years;
b. for not more than 60 months to the secondary beneficiaries
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in case there are no primary beneficiaries;

c. in no case shall the total benefit be less than P15.000.
Beneficiaries
PRIMARY BENEFICIARIES:
a. Dependent spouse until he/she remarries;
b. Dependent children (leg, legt’d, nat born, leg adopted)
SECONDARY BENEFICIARIES:
a. Illegitimate children and legitimate descendants;
b. Parents, grandparents, grandchildren
TEST OF DEPENDENCY: The test is whether they depend on such contributions as part of their income or means of living, not whether
the claimants could support life without contributions.
Case: Manuzon vs ECC (Death benefit after retirement)
The cause of his compulsory retirement due to paralysis arising from cardiovascular accident is closely related to the cause of his
death, which was also a cardiovascular attack or myocardial infarction. That heart disease developed when he was still working as
a professor. It caused his paralysis and his total permanent disability. The disease was work-oriented because of the nature of his
employment as a professor. The same disease eventually caused his death, contrary to the conclusion
of both the GSIS and the Employees' Compensation Commission. The heirs of thedeceased are entided to the benefits they are
claiming.
The Court is aware that death benefits must be granted to the primary beneficiaries of the decedent to help the family of a
permanent and totally disabled person who was so disabled because of causes that are work-oriented. The rule applies all the
more when the disabled person later dies because of the same cause or related cause.
Article 194(b) applies to a retired person as contemplated in Article 194(b) which allows for funeral benefits upon the death of a
covered employee or permanendy totally disabled pensioner.
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201 Relationship and Shemar ART. 201- Relationship and dependency

dependency
All questions of relationship and dependency shall be determined as of the time of death.
The rule is that support furnished to the claimant coupled with a reliance thereon establishes dependency.
Dependency - the claimant looked up to and relied on the contribution of the decedent in whole or in part, as a means of supporting
and maintaining herself in accordance with her station in life.
202 Delinquent Shemar Art. 202 – Delinquent Contributions

Contributions
a)An delinquent employer is liable and such shall constitute a lien on all his property, real, or personal which is preferred to any
credit, except taxes.
b) Failure of employer to pay or remit the contributions shall not prejudice the EE or his dependents to the benefits.
203 Second Injuries Shemar Art. 203- Second Injuries The SIF shall be held liable for the income benefit of the new disability
Provided, that if the new disability is RELATED to the previous disability, the System shall be liable only of the DIFFERENCE in income
benefits
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204 Thea
Assignment of Benefit:
This section is intended to secure the right of the injured worker or his surviving dependents in case of death, to survival. To allow the
transfer or assignment of a claim for compensation in favor of creditors to satisfy or offset existing debts and to subject all
compensation or rights to compensation to attachment, garnishment and execution will defeat the very purpose of the law as a social
legislation.
205 Thea
206 Thea
207 Thea
208 Thea
209 Thea
210 Prescriptiive period Thea ART. 201. PRESCRIPTIVE PERIOD

No claim for compensation shall be given due course unless said claim
is filed with the System within three years from the time the cause of action
accrued.
Case: Sanico
The prescriptive period for filing compensation claims should be reckoned from
the time the employee lost his earning capacity, i.e., terminated from employment, due
to his illness and not when the same first became manifest
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the ECC has laid down the rule that "notice in any
form by the employee or employer to the System of any compensable contingency
within three years from accrual of the cause of action suspends the running of the
prescriptive period."
ERRONEOUS PAYMENT
If the System in good faith pays income benefit to a dependent who is inferior in right to another dependent or with whom another
dependent is entided to share, such payment shall discharge the System from liability, unless and until such other dependent notifies
the System of his claim prior to the payments.
SSS/GSI Thea Employer - Any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry,
S Law undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment,
except the Government and any of its political subdivisions, branches or instrumentalities, including corporations owned or
controlled by the Government: Provided, That a self-employed person shall be both employee and employer at the same time.
"(d) Employee - Any person who performs services for an employer in which either or both mental and physical efforts are used and
who receives compensation for such services, where there is an employer-employee relationship: Provided, That a self-employed
person shall be both employee and employer at the same time
Who are covered:
1. EMPLOYER – any person, natural or judicial, domestic or foreign who carries on in the Philippines any trade, business, industry
undertaking or activity of any kind and uses the services of another person who is under his orders as regards employment 8(c)
*EXEMPT EMPLOYER: government and any of its political subdivisions, branches and instrumentality, including GOCCs, i.e., those
81 | P a g e
No. d Person
under GSIS
2. EMPLOYEE – any person who performs services for an employer who receives compensation for such
services, where there is an employer-employee relationship
3. SELF-EMPLOYED – considered both employer and employee
DEPENDENTS
1. Legal spouse entitled for support;
2. Child, whether legitimate, legitimated, legally adopted or illegitimate;
3. Parents dependent for support
CONDITIONS FOR CHILD TO BE CONSIDERED DEPENDENT
1. Unmarried;
2. Not gainfully employed;
3. Has not reached 21 years of age; OR 3. Not over age of majority; OR
4. Incapable of supporting himself either physically or mentally prior to 21 years of age or
age of majority, as the case may be
BENEFICIARIES
1. PRIMARY
82 | P a g e
No. d Person
a. Dependent Spouse until remarriage AND
b. Dependent Legitimate or Legitimated or Legally Adopted and Illegitimate ChildreN
2. SECONDARY
a. Dependent Parents
b. Absent primary and secondary beneficiaries, any other person designated by member as secondary beneficiary
3. OTHERS
As to DEATH BENEFITS, if no beneficiary qualifies under the Act, benefits shall be paid to Legal Heirs in accordance with Law of
Succession
BENEFITS
1. Monthly Pension
2. Dependents Pension
3. Retirement
4. Death
83 | P a g e
No. d Person
5. Permanent Disability
6. Funeral
7. Sickness
8. Maternity (ONLY 1ST FOUR DELIVERIES OR MISCARRIAGES)
9. Loan Grant
COVERAGE
1. COMPULSORY
a. All employees not over sixty (60) years of age and their employers; compulsory coverage of the employer shall take effect on the
first day of his operation and that of the employee on the day of his employment
b. Self-employed persons as may be determined by the Commission under such rules and regulations as it may prescribe, including,
but limited to: all self-employed professionals; partners and single-proprietors of business; actors and actresses, directors,
scriptwriters and news correspondents not employees; professional athletes, coaches, trainers and jockeys, and individual farmers
and fishermen; upon their registration with the SSS
c. Domestic helpers sixty years of age and below with a monthly income of not less than P1,000 on the date of their employment
d. Individual farmers and fishermen under SSS rules and regulations
B. VOLUNTARY
a. Filipinos recruited by foreign-based employers for employment abroad
b. Employee separated from employment to maintain his right to full benefits
84 | P a g e
No. d Person
c. Self-employed who realizes no income for a certain month
d. Spouses who devote full time to managing household and family affairs unless specifically mandatorily covered
*By Arrangement: Any foreign government, international organization or wholly owned instrumentality employing workers in the
Philippines or employing Filipinos outside the Philippines may enter agreement with Philippines for inclusion of such employees in
SSS EXCEPT those already covered by their respective civil service retirement System
EXCEPTIONS FROM COVERAGE
1. Employment purely casual and not for purpose occupation, or business employer
2. Service performed on or in connection with alien vessel, if employed when such vessel is outside of Philippines
3. Employees of Philippine government or instrumentality or agency thereof
4. Service performed in the employ of a foreign government, or international organizations, or wholly owned instrumentality
employing workers in the Philippines or employing Filipinos outside of the Philippines
5. Services performed by temporary employees and other employees excluded by SSS regulation;
employees of bona fide independent contractors shall not be deemed employees of the employer engaging the services of an
independent contractor
COMPENSATION
All actual renumeration for employment, including the mandated cost-of-living allowance, as well as the cash value of any
renumeration paid in any medium other than cash except that part of the renumeration in excess of the maximum salary credit
BASIS OF CLAIM
Non-work connected disability, sickness, maternity, death and old age and other contingencies resulting in loss of income or financial
85 | P a g e
No. d Person
burden (sec. 2)
EFFECTS OF SEPARATION FROM EMPLOYMENT
1. Employer’s contribution on his account ceases
2. Employee’s obligation to contribute also ceases at the end of the month of
separation
3. Employee shall be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act
Notes – Nov.3. 2020
Art 172- 173
workers when report to work are exposed to illness
there might be accidents
caused injury
if not injury - nature of emplment caused sickness to him
increased risk of getting more sick or more ill
before - workment compnsation act
86 | P a g e
No. d Person
replaced -Ement compensation and SIF

***distinguished between workmens compensation act vs SIF
Workmens compensation - loss resulting from injury, disablement or death thru industrial incidents. loss of income becuase of injuries
how done?
ER shall procure the insurancr for the EE either get them an insurance or he himself should shoulder the expenses.
therefore, if an EE is injured, it is the ER shall shoulder the medical
EE will be injured by ER, insurance firm will pay the costs
1. direct payment of ER
2. Insurance statute
presumption of compensability and aggravation - meaning -
POC - if EE if injured, EE have the burden of proof

- debated first; though ang presumption na bayran jud siya
NOW:
no longer of POC (compensability)
no presumption of aggravation -
WCA - ER make direct or may take an insurance to shoulder the expenses
Now - no directly paying; no procurement

Now- the ER will directly deposit the funds
How much - salary credit - maa iyang kita
87 | P a g e
No. d Person
EE do not contribute anything; salary credit lang - net salary of EE
Is SIF - covered EE of govt and private sector
If govt - GSIS
If private - SSS
If ER will initially put up the medical
meaning of 5 days - ERs obligation to inform SSS/GSIS
pahibaw un si ER to have them to report; not so if he is aware; if he knows that the EE has undergone accident - no need to comply with the 5 days
EE - file claims in SSS/GSIS

supports with records of the compnay - logbook - list down the incidents of illness and accidents
detrimental to ER cannot provide the logbook - required to pay 50% of the payable
if he finds out nga naghimo himo lang, wala jud diay logbook
50% will not go to EE anymore but to certain fund of SSS/GSIS
all the EE need to do - submits all documents; has to be debated pa before na law
january 1, 1975
**** be able to know distinctions for semi finals
1. mas easier mo claim
however, the presumption of compensability (POC) is applicable in limited since to members of
88 | P a g e
No. d Person
1. Armed forces of the Phils.

2. Policemen
WHy? presumed working 24 hours a day.
If they met in an accident - prove that the accident - was connected with his employment
POC - has to prove that the accident is really in connection with his Ement or his work
Ex1 - policeman driving a tricycle unya na disgrasya man
Compensable ?
SC: No, the origin of the accident was not in connection of his work
Ex2 - firemen - eat for dinner; but died due to accident; GSIS denied. not in connection of the firemen. obligates himself available incase of fire
SC: Not compensable; not in connection
POC applies - while it is true that it is compnsable man jud na; still have to prove that in it still connection with the work
dependents -
-primary - wife and children
child as long 21 years and below
child over 21 if he is incapacitated and incapble of supporting himself
-secondary - illegitimate; parents of the worker
>>>succession is like a river ba - hahaa; when testator dies, the successors are the children; in the absence; goes up; if absence - spreads
-take note of the dependents - if naay mga bata
occupational disease within the listed - hence, compensable
89 | P a g e
No. d Person
example
1. due to his work afflicted with tb
2. due to his work afflicted with cancer
3. enlargment of the eggs - Ement - daghan mosquitos
4.
GSIS - if disapproves the claims by GSIS -

-appeals to ECC
-appeals to CA
-finally to SC
take note of the terms of arising out of EMENT and in the course of employment - different terms but refers to the same
arising... - origin/cause of accidents
in the course... - referring to the time and place
***Proximate cause - sufficient cause
immediately and readily pointing out
-Example Belarmino
SC: caused by environment of the classroom
na slide;
Compensable siya
policemen should be available for 24 hours duties
Case: Hinoguin
Facts: sundalo; allowed to go to an area with npas and authorized to bring armas; accidentally shot other army
GSIS denied; he was not in the place he supposed to be
SC: Permitted by the commander; Area was dangerous; occupied by NPAs; fair to bring firemen. Covered by 24 hours duty
90 | P a g e
No. d Person
Case: Allegre
Facts: policemen yet driving with tricycle
SC: Denied. Not covered by presumption of compensability. Not work-related but related to personal properties
Case: Valeriano (fireman)

SC: Denied. PErsonal activity. Not in connection with your work - going to restaurant with a friend for dinner
Case: Iloilo Dock

Facts: Mechanic of IDECO; shot to death katung ting uli na by Marten Cordero.Widow tried to claim
WON in connection with his work or Ement
SC:Proximity rule - the claim was granted. Closely connected - 20 meters away from the gate
SC laid out the exceptions:
Ruling: The general rule in workmen's compensation law known as the "going
and coming rule," simply stated, is that "in the absence of special circumstances, an employee injured in, going to, or coming from, his place of work is excluded from the
benefits of workmen's compensation acts."
This rule, however, admits four wellrecognized exceptions, to wit:
(1) where the employee is proceeding to or from his work on the premises of his employer;
(2) where the employee is about to enter or about to leave the premises of his employer by way of the exclusive or customary means of ingress and egress;
(3) where the employee is charged, while on his way to or from his place of employment or at his home, or during his employment, with some duty or special errand
connected with his employment; and
(4) where the employer, as an incident of the employment, provides the means of transportation to and from the place of employment.
***memorize the exceptions
91 | P a g e
No. d Person
Case: Ms. Alano

SC: Compensable. Going home; using the usual way
Case: Lazo - compelled to do overtime
in other words - does not go directly to his work - he diverted his going home - if he met an accident - no longer compensable
Acts of ministrations - mangihi then na accidents -
Breaktime - in canteen of the company - compensable
if in carenderia - not compnesalbe - free and away from an Ement
>>>doctor has a shift work ;but he goes out for lunch - outside the companies; no longer
Compensable - No - it was spent outside the company
Special Errand Rule
While livign, boarding

Rule: If required si EE - it is as if EE is in a workplace - compensable
IF EE's discretion nto required - not compensable
Travelling -
Victims of NPA -
-policemen/ AFP - usually targets of NPA's attacks
-incidents are compensable
Violations of ER rules - NC (not compnesable)
-Illness - must be in the list inorder to be compensable
92 | P a g e
No. d Person
-Theory of increased risk - becuase of the nature of his work
>>> bangunguttt
Specifi disease/alilments
asbestosis
cancer of the stomach - if can be prove na caused by his employment
gallstone - related to Ement compnesable
abortion -
leprosy - janitor if proven na because of his environment
>who are covered?

EEs not over 60 years old
Art 174 - are covered

EE can voluntary retired at 60 to 64 at will retirement; if luya luya na - can he compel to retire? - pwede but never force; it is the option to the workers
if 65 compulsory na - wala nay mahimo si ER
if more than 65 pwede pa mutrabaho - the workers are under contract
foreign ER - still covered under the law
176
when - first day of operation - ER
si EE - on the first day of work - covered by the benefits of the law
(178 - 172 before) limitation of the law - see exceptions

in case of accidents, illness.. becuase of
93 | P a g e
No. d Person
(1) intoxiation or
(2)willful to injure or kill himself or another
(3) notorious negligence - deliberate act on the part of worker or EE to disregard his own safety
In case of soldier - when at rest; gihagad og duel; pinusilan.
he shot himself; disregarded the safety of himself
SC: Cannot claim compensation -
Firstly -
intoxication
intention to kill himself or another
notorious negligence
self-inflicted injuries - disregards owns safety
suicide -
see the case na gibayran na gi suicide
-kita ug away sa barko - ni ambak sa dagat
SC: gibayran - when he signed an agreement no matter what the cause of his death is
reasons of the law - using negligence

see cases Ysmael maritime
-provisions of civil code of the negligence of the worker
widow - tries to files the case using civil code
SC: you cannot do that anymore - chose the WCA; you cannot separately file using the civil code
94 | P a g e
No. d Person
choose one option
Art 176- Now 182

ECC
EEs contribution - updated dili na 1%
181 now 189 - subject to review
Chapter v
benefitsu
a. services
1. medical services
2. rehabilitation
b. income benefits due to disability/partial
c. funeral benefits
Chapter vi - disability benefits
several cases of benefits - basaha but dili kaayu ko mo encourage
death benefits:
to wife - monthly income until remarries
to child - 10% of the wife
survivors benefits
marital status - is important
iggy arroyo case chismis
95 | P a g e
No. d Person
first legal wife shall receive the death benefits

kahibaw man daan ang second wife -
Samar mining - two wives

SC: Nihatag sa 2nd wife. Inosente jud kaayu siya. Nag pa ulitaw ulitaw man.
Muslims: SC: since under muslims law
10 years - can claimant can file in GSIS/SSS
constructive filing
-verbal request in behalf of the family
mailing date - not when it was received

-governing date is the date of mailing
-in case of erroenous payments -Article 208
nasayup og bayad ang system - dili na mauli; sala sa system
211 - logbook - ER must maintain a logbook

to verify the allegations
last topic - social security act of 1997

Research
RA 8282
RA 8291 -
1. Who are covered

2. Beneficiaries
3. Benefits
96 | P a g e
No. d Person
4. Not covered (Exceptions to the coverage)
highlights:
SSS:
who are covered -
a. ER persons natural juridical
b.
GSIS:
ER is the national government and any of its branches, agencies political subdivisions
BENEFICIARIES
SSS: spouse until remarriage and dependent childrent
GSIS - legal dependent children

s
Secondary benefiiciaries - parents and illegitimate children
other beneficiaries: absence of primary and secondary benef: whoever designated
other persons designated

not necessarily follows the rule of succession
any person designated by as
if no qualified beneficiaries - then, go to legal succession

aunts, uncles, nephews and nieces;
Benefits
SSS: monthly pension sa widow and children and dependents pension
97 | P a g e
No. d Person
if the members is living -retiremnt pay

if dies - death benefits
if disabled - permanednt disable benefits
if really dies - funeral
sickness benefits
if woman - maternity leave
GSIS: all members of GSIS

life insurance
retirement
disability
survivofship
separation and
unemployment
JUDICIARY
life insurance benefits - GSIS
why? other benefits under beneficiary
tax exempt ang mga benefits
Coverage
SSS:
(1) all employees not over 60 years old
(2) Self employed employees under SSS
(3) partners of partnership

-
actors and actresses - self-employed
(4) Individual farmers and fishermen
98 | P a g e
No. d Person
GSIS
all employees who are not yet 65 years old
SSS: voluntary coverage
(1) for filipinos employed abroad
(2) self-employed
(3)
(4) spouse managing the household
(5) any foreign companies employed filipinos by arrangement . fully owned by foreign government
Exceptions to the coverage

- purely casual
-services in connection with alien vessel
-employees of philipine govt or insturment
-service renders outside the Phil.s or temporary
GSIS:
not included si AFP and PNP - covered under PNP law - naay kaugalingon
basis of the claim

SSS: non work connected disability
GSIS: work connected
intoxiation, intention to kill, notorio....
99 | P a g e
No. d Person
GSIS:
Notes- October 27, 2020
wage distortion -
it is for management to adjust the minimum wage
distortion adjustment formula
****
labor officers will visit the enterprise- access to the premises and records of the compnay - WON there are violations to labor standards
-nonpayment of holiday pay, minimum pay,

-report to regional directors and owners of enterprise
-Owner: Protest since they have documents that can be presented.
In this case, the Regional Director cannot issue compliance order. The controversy shall be forwarded to NLRC - Labor Arbiter to decide on whether or not the documents are
authentic.
labor officers - upon the visit of labor officers - nidaku kaayu ang amount
(1) IF question is based on documents -

Controversy be forwarded to labor arbiter -
evidence - shall be passed on to labor arbiter
-more familiar with weighing evidence

-forward to labor arbiter to decide
-hence, Regional director cannot issue Compliance Order
100 | P a g e
No. d Person
(2) ang questions are not about the amounts but the issue is WON there is EE/ER relationship
On the other hand, if the question of ER is based on the status of the people who were there - questioning the EE - ERs relationship - regional director can decide by virtue of
his quasi-judicial powers
Therefore, he, Regional Director, can issue compliance order if he finds out that there is a EE/ER relationship.
IF owner still questioned - file an appeal to SOLE within 10 days that this compliance order.
****
1. less than 5k and or EE/ER - RD

2.more than 5k no more EE/ER - labor arbirer
3. exceeds more than 5k even if EE/ER - labor arbiter
4. less than 5k no more EE/ER (coupled with reinstatement)- labor arbiter
4. less tahn 5k plus claim of reinstatement - labor arbiter
5. if product of inspection - visitorial power - regional director/labor arbiter depending unsa na ang issue
128 - visitorial power of the SOLE or Regional Director

129 -speaks of adjudicatory power of the Regional director
regional director has jurisdictions of money claims of small amounts - does not exceed 5k but there is still EE/ER relationship
if exceeds 5k or no more EE/ER relationship - labor arbiter

if he wants to reinstated - labor arbiter
if less than 5k and there is EE/ER relationship - RO
If mapildi - he is going to appeal to NLRC Division - within 5 days from receipt to that decision
101 | P a g e
No. d Person
Compare
102 | P a g e

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Article Article Title Name Assigne Discussion

Salient Functions: Salient Functions:

 To receive, process and act on applications for

123 Wage Order Claire Wage Order (WO):

Remedy on party aggrieved by the WO/ Review of Wage Order:

Issuance of the WO:

CASE: MBTC VS NWPC AND RTWPB

CASE: CAGAYAN SUGAR MILLING V. SECRETARY OF LABOR

- wage increase cannot be retroactive to effectivity of wage order

124 Standards/Criteria Claire Definition of Terms:

2 Methods of Min. Wage Adjustment:

CASE: PRUBANKERS ASSOCIATION VS PBTC

CASE: MANILA MANDARIN EMPLOYEES UNION VS NLRC

SC: No distortion existed where the disparity was due:

Correcting wage distortions:

CASE: CARDONA VS NLRC

Distortion adjustment formula (Metro Bank v. NLRC):

Distortion Adjustment = x% x (prescribed increase per Wage order)

New daily rate =wage distortion adjustments + daily rate

CASE: APEX MINING COMPANY VS NLRC

CASE: NATIONAL FEDERATION OF LABOR VS NLRC

Principles relating to salary distortion:

CASE: IKAW AT BUKLOD MANGGAGAWA VS NLRC

2. TESDA (Technical Education and Skills Development Authority

3. Regional Arbitration Branch (RAB) of NLRC – handles

5. Regional Tripartite Wage and Productivity Board

*If there is demand for reinstatement – falls

*But he may still be employed, he is only pursuing

Art. 129 is operative for money claims not

A: The RD or HO to advise the complainant to

hearing and decision by a labor arbiter by vitue of

As to appeal Appealable to the SOLE Appealable to the National Labor Relations

D.O. No. 131-13:Establishes Labor Law Compliance System consisting of:

Scope of Visitorial- Enforcement Power Under Art 128

a. DOLE Director has Quasi-judicial Power

T-Question: Who can determine the existence of EE-ER relationship (EER)?

CASE: BOMBO RADYO PHIL, INC. V. SEC. OF LABOR

CASE: BAY HAVEN INC VS ABUAN

JURISDICTION OF RD vs. LA (based on Atty Belarmino's discussion

- with Employer- Employee Relationship - No EER, amount exceeds 5,000.00 for

-Enforcement Orders are based on the findings during inspection.

CASE: MEYCAUAYAN COLLEGE VS DRILLON

CASE: ST. JOSEPH’S COLLEGE VS ST JOSEPH’S COLLEGE WORKERS’ ASSOC.

Disposition of Labor Standard Cases

Art. 128-129 labor standard cases are administrative in nature.

2. Coverage of complaint inspection

6. Exception: Endorsement to NLRC

Who Benefits from the Rectification

Enforcement for Wage Orders

Penalty for Non- Compliance; Double Indemnity

CASE: CEBU OXYGEN & ACETYLANE CO VS DRILON

When the claims exceed P5,000

1. Regional Director/Hearing officer 2. NLRC

Due Process, Principle of Jurisdiction by Estoppel

CASE: ODIN SECURITY AGENCY VS HON DELA SERNA

CASE: URBANES VS SOL

SEnA (D.O. No. 10710)

The SEnA system, however, does not apply to:

130 Facilities for women Erika Requires employers to: