AUSL LMT Day 1 Morning

Arellano University School of Law
Center for Legal Education and Research
2020/21/22 BAR OPERATIONS

LAST MINUTE TIPS
COMMISSION
THE LAW PERTAINING TO THE STATE

AND ITS RELATIONSHIP WITH ITS
CITIZENS
A. CONSTITUTIONAL LAW
I. BASIC PRINCIPLES OF POLITICAL LAW
1. What are the requisites for a valid transfer of appropriated funds under Sec. 25(5), Article VI
of the 1987 Constitution?
a. There is a law authorizing the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of the Constitutional
Commissions to transfer funds within their respective offices;
b. The funds to be transferred are savings generated from the appropriations of their respective
offices; and
c. The purpose of the transfer is to augment an item in the General Appropriations Law for their
respective offices.
Note: Savings refer to portions or balances of any programmed appropriation in this Act free from
any obligation or encumbrance. (Araullo vs. Aquino, G.R. No. 209287, July 1, 2014)
2. Discuss the rule on seizure of government funds by virtue of writ of execution or

garnishment.
The general rule is that government funds cannot be seized by virtue of writs of execution or
garnishment. The exception is when the disbursement of public funds is already covered by
corresponding appropriation required by law, however, the claimant still has to go through the
appropriate procedure for making a claim against the government. (Republic vs. Fetalvero, G.R. No. 198008,
February 4, 2019, J. Leonen)
Note: If the fund belongs to a government corporation, which can sue and be sued and are
deposited with a bank, then, the said fund can be garnished. (PNB vs. Pabalan, G.R. No. L-33112, June 15,
1978)
If the local legislative authority refuses to enact a law appropriating the money judgment rendered by
the court, the winning party may file a petition for mandamus to compel the legislative authority to
enact a law. (Municipality of Makati v. CA, G.R. Nos. 89898-99, October 1, 1990).
3. What is the Lemon Test?

It is a test to determine whether an act of the government violates the non-establishment clause. The
regulation is constitutional when (1) it has a legislative secular purpose; (b) it neither advances nor
inhibits religion; and (c) it does not foster an excessive entanglement with religion. (Diocese of Bacolod
vs. COMELEC, G.R. No. 205728, January 21, 2015, J. Leonen)
II. BILL OF RIGHTS
4. What is Academic Freedom?
Academic freedom includes the right of the school or college to decide for itself, its aims and
objectives, and how best to attain them free from outside coercion or interference save possibly
when the overriding public welfare calls for some restraint. The essential freedoms subsumed in the
term 'academic freedom encompasses the freedom to determine for itself on academic grounds: (1)
Who may teach, (2) What may be taught, (3) How it shall be taught, and (4) Who may be admitted to
study. (Pimentel vs. LEB, G.R. No. 230642, September 10, 2019)
5. What are the instances when searches are reasonable even when warrantless?
The known jurisprudential instances of reasonable warrantless searches and seizures are:
a. Warrantless search incidental to a lawful arrest;

b. Seizure of evidence in "plain view”;
c. Search of a moving vehicle;
d. Consented warrantless search;
arellano C|L|E|A|R 1
e. Customs search;
f. Stop and frisk; and
g. Exigent and emergency circumstances. (People vs. Cogaed, G.R. No. 200334, July 30, 2014, J. Leonen)
6. When is there a valid stop and frisk search?
Yes. For a "stop and frisk" search to be valid, the totality of suspicious circumstances, as personally
observed by the arresting officer, must lead to a genuine reason to suspect that a person is
committing an illicit act. (Manibog vs. People, G.R. 211214, March 20, 2019, J. Leonen)
7. Is a routine x-ray scan in a port violative of the right against unreasonable search and
seizure? Explain.
Routine baggage inspections conducted by port authorities, although done without search warrants,
are not unreasonable searches per se. Constitutional provisions protecting privacy should not be so
literally understood so as to deny reasonable safeguards to ensure the safety of the traveling public.
The security measures of x-ray scanning and inspection in domestic ports are akin to routine security
procedures in airports. X-ray machine scanning and actual inspection upon showing of probable
cause that a crime is being or has been committed are part of reasonable security regulations to
safeguard the passengers passing through ports or terminals. (Dela Cruz vs. People, G.R. No. 209387,
January 11, 2016. J. Leonen)
8. May the DPWH invoke the provisions of Section 31 of Presidential Decree No. 957, which
requires subdivision developers to donate to the LGU roads, alleys, sidewalks and open
spaces, and the LGU the concomitant obligation to accept such donation, to compel a private
subdivision developer to donate portions of the project to the LGU to be used as roads
without payment of just compensation? Explain.
No. First, to be considered a donation, an act of conveyance must necessarily proceed freely from
the donor's own, unrestrained volition. A donation cannot be forced: it cannot arise from compulsion,
be borne by a requirement, or otherwise be impelled by a mandate imposed upon the donor by
forces that are external to him or her. Intent to do an act of liberality is an indispensable element of a
valid donation. Thus, Sec. 31's compulsion to donate (and concomitant compulsion to accept)
cannot be sustained as valid.
Second, the local government should first acquire them by donation, purchase, or expropriation, if
they are to be utilized as a public road. (Republic vs. Spouses Llamas, G.R. 194190, January 25, 2017, J. Leonen)
9. Does the Department of Justice have the power to issue Hold Departure Orders (HDO)?
No. The power to issue HDO is inherent to the courts. The DOJ does not have the inherent power to
issue HDO, watchlist orders, or allow departure orders, unlike the courts, or to restrict the right to
travel in anyway. It is limited to the powers expressly granted to it by law and may not extend the
same on its own accord or by any skewed interpretation of its authority. (Genuino vs. De Lima, G.R. No.
197930, April 17, 2018)
10. What are the conditions that must be satisfied in the inspection of passengers and their
effects prior to entry at the bus terminal and the search of the bus while in transit?
a. The manner of search must be the least intrusive and must uphold the dignity of the person or
persons being searched, minimizing, if not altogether eradicating, any cause for public
embarrassment, humiliation or ridicule;
b. Neither can the search result from any discriminatory motive such as insidious profiling,
stereotyping and other similar motives. In all instances, the fundamental rights of vulnerable
identities, persons with disabilities, children and other similar groups should be protected;
c. Purpose must be confined to ensuring public safety; and
d. Courts must be convinced that precautionary measures were in place to ensure that no evidence
was planted against the accused. (Saluday vs. People, GR No. 215305, April 3, 2018)
11. What are the requisites for a valid electoral campaign by private citizens?
a. Should be provided by law;

b. Reasonable;
c. Narrowly tailored to meet the objective of enhancing the opportunity of all candidates to be heard
and considering the primacy of the guarantee of free expression; and
d. Demonstrably the least restrictive means to achieve that object.
The regulation must only be with respect to the time, place, and manner of the rendition of the
message. In no situation may the speech be prohibited or censored on the basis of its content.
(Diocese of Bacolod vs. COMELEC, G.R. No. 205728, January 21, 2015, J. Leonen)
12. Distinguish the Void-for-Vagueness Doctrine from the Overbreadth Doctrine and Facial
Challenge from As-applied Challenge.
VOID-FOR-VAGUENESS OVERBREADTH DOCTRINE
A statute or act suffers from the defect of vagueness when it lacks Decrees that a governmental
comprehensible standards that men of common intelligence must purpose to control or prevent
necessarily guess at its meaning and differ as to its application. It is activities constitutionally subject to
repugnant to the Constitution in two respects: (a) it violates due state regulations may not be
process for failure to accord persons, especially the parties targeted by achieved by means which sweep
it, fair notice of the conduct to avoid; and (b) it leaves law enforcers unnecessarily broadly and thereby
unbridled discretion in carrying out its provisions and becomes an invade the area of protected
arbitrary flexing of the Government muscle. freedoms.
(Southern Hemisphere Engagement Network vs. Anti-Terrorism Council, G.R. No. 178552, October 5, 2010)
FACIAL CHALLENGE AS-APPLIED CHALLENGE
An examination of the entire law, pinpointing its flaws and defects, not only on Considers only extant facts
the basis of its actual operation to the parties, but also on the assumption or affecting real litigants.
prediction that its very existence may cause others not before the court to
refrain from constitutionally protected speech or activities.
(Southern Hemisphere Engagement Network vs. Anti-Terrorism Council, G.R. No. 178552, October 5, 2010)
13. Explain the three (3) tests to determine reasonableness of classification.
STRICT SCRUTINY TEST INTERMEDIATE TEST RATIONAL BASIS TEST
A classification either: (a) interferes A classification does not involve Applies to all other subjects not
with the exercise of fundamental suspect classes or fundamental covered by the first two tests.
rights, including the basic liberties rights, but requires heightened
guaranteed under the Constitution, scrutiny, such as in classifications
or (b) burdens suspect classes. based on gender and legitimacy.
The burden is upon the government The government must show that the The challenged classification
to prove that the classification is challenged classification serves an needs only be shown to be
necessary to achieve a compelling important state interest and that the rationally related to serving a
state interest and that it is the least classification is, at least, legitimate state interest.
restrictive means to protect such substantially related to serving that
interest. interest.
14. Distinguish Content-Based Regulations from Content-Neutral Regulations.
CONTENT-BASED REGULATIONS CONTENT-NEUTRAL REGULATIONS
Refers to restrictions "based on the subject matter Concerned with the incidents of the speech, or one
of the utterance or speech." that merely controls the time, place, and manner.
Clear and Present Danger and Strict Scrutiny test. Intermediate Scrutiny Test or Substantial interest test.
(Diocese of Bacolod vs. COMELEC, G.R. No. 205728, January 21, 2015, J. Leonen)
III. COMPOSITION AND POWERS OF THE GOVERNMENT ORGANS
Legislative Department
15. What is the period of imprisonment under the Senate’s power of contempt during inquiries in
aid of legislation?
The period of imprisonment under the Senate’s inherent power of contempt during inquiries in aid of
legislation only last until the termination of the legislative inquiry under which the said power is
invoked. Senate’s Legislative inquiry terminates: (a) upon the approval or disapproval of the
Committee Report; and (b) upon the expiration of one term of Congress. (Balag vs. Senate of the
Philippines, G.R. No. 234608, July 3, 2018)
16. Who may refuse to appear in the inquiry in aid of legislation?

Members of the Supreme Court, the President, and the Executive Secretaries acting by the authority
of the President. They can validly refuse by claiming, asserting, and invoking the executive privilege.
(Senate vs. Ermita, G.R. No. 169777, April 20, 2006)
17. Distinguish Inquiry in Aid of Legislation from Question Hour.
INQUIRY IN AID OF LEGISLATION QUESTION HOUR
Relates to the power to conduct inquiries in aid of Pertains to the power to conduct a question hour.
legislation.
To elicit information that may be used for To obtain information in pursuit of Congress’ oversight
legislation. function.
Attendance is compulsory. Attendance is discretionary.
Any person. Only Department Heads.
Entire body or its respective committees. Entire body.
Any matter for the purpose of legislation. Only matters related to the Departments only as an
exercise of Congress’ oversight function.
Grounded on the necessity of information in the Congress merely seeks to be informed on how
legislative process (the power of inquiry) being Department Heads are implementing the statutes which
co-extensive with the power to legislate. it has issued.
(Senate vs. Ermita, G.R. No. 169777, April 20, 2006)
18. What is the Doctrine of Origination?
Under this doctrine, it provides that all appropriation, revenue or tariff bills, bills authorizing increase
of the public debt, bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments. (Article VI, Sec. 24, 1987
Constitution)
Executive Department
19. Explain the parameters for the Supreme Court to exercise Judicial Review over three
important powers of the President.
Power to Power to suspend the Calling out power

proclaim Martial privilege of the writ of
Law habeas corpus
Yes. The Supreme Court may review, in an GR: factual determination of the President’s power to call
appropriate proceeding filed by any citizen, the out the Armed Forces is a Political Question. When the
sufficiency of the factual basis of the President calls the armed forces to prevent or suppress
proclamation of martial law or the suspension lawless violence, invasion or rebellion, he necessarily
of the privilege of the writ or the extension exercises a discretionary power solely vested in his
thereof, and must promulgate its decision wisdom as there is no provision dealing with the revocation
thereon within thirty days from its filing. (Sec. or review of the President’s action to call out the armed
18, Article VII, 1987 Constitution). forces in Sec. 18, Art. VII as compare with the
proclamation of martial law or suspension of the privilege
of the writ of habeas corpus.
XPN: While this Court has no power to substitute its
judgment for that of Congress or of the President, it may
look into the question of whether such exercise has been
made in grave abuse of discretion.
(IBP vs. Zamora G.R. No.141284, August 15, 2000)
20. What are the requisites for the President to exercise emergency powers?
1. There must be war or other national emergency.

2. The delegation must be for a limited period only.
3. The delegation must be subject to such restrictions as the Congress may prescribe.
4. The emergency powers must be exercised to carry out a national policy declared by Congress.
(Sec. 23 (2), Article XVI, 1987 Constitution).
21. What is the Rule on Midnight Appointment? Is this rule applicable to appointments made by
Governor?
A midnight appointment refers to those appointments made within two months immediately prior to
the next presidential election. Midnight appointments are prohibited under Art. VII, Sec. 15 of the
Constitution.
Constitutional prohibition on midnight appointments only applies to presidential appointments. It does
not apply to appointments made by local chief executives. (The Provincial Government of Aurora vs. Marco,
G.R. No. 202331, April 22, 2015, J. Leonen)
22. Distinguish Ad Interim and Regular Appointment.
AD INTERIM REGULAR APPOINTMENT
It is an appointment made by the President It is an appointment made by the President while Congress
while Congress was not in session or during is in session.
recess.
Made before confirmation of Commission on Made after nomination is confirmed by the Commission on
Appointment. Appointment.
Shall cease to be valid if disapproved by the Once confirmed by the Commission on Appointment., it
Commission on Appointment or upon next continues until the end of the term of the appointee.
adjournment of the Congress
(Matibag vs. Benipayo, G.R. No. 149036, April 2, 2002)
Judicial Department
23. Does the Supreme Court’s rule-making power include the study of law?
No. The Court’s exclusive rule-making power covers the practice of law and not the study of law.
The practice of law has a settled jurisprudential meaning: “The practice of law is not limited to the
conduct of cases or litigation in court… Practice of law under modern conditions consists in no small
part of work performed outside of any court and having no immediate relation to proceedings in
court. It embraces conveyancing, the giving of legal advice on a large variety of subjects, and the
preparation and execution of legal instruments covering an extensive field of business and trust
relations and other affairs. Although these transactions may have no direct connection with court
proceedings, they are always subject to become involved in litigation.” This definition of the practice
of law, no matter how broad, cannot be further enlarged as to cover the study of law. (Pimentel vs. LEB,
G.R. No. 230642, September 10, 2019)
24. Can the Supreme Court interfere with the finding of the Ombudsman of probable cause?
No. An independent constitutional body, the Office of the Ombudsman is "beholden to no one, acts
as the champion of the people, and is the preserver of the integrity of the public service." Thus, it
has the sole power to determine whether there is probable cause to warrant the filing of a criminal
case against an accused. This function is executive in nature. The Supreme Court will not interfere
with the Office of the Ombudsman's determination of probable cause except when it acted with
grave abuse of discretion. (Elenita S. Binay vs. Office of the Ombudsman, G.R. No. 213957-58, August 7, 2019,
Leonen J.)
IV. JUDICIAL REVIEW
25. Discuss the requisites of Judicial Review.
a. Actual case or Controversy– It involves a conflict of legal rights, assertion of opposite legal
claims susceptible of legal resolution. It must be both ripe for resolution and susceptible of judicial
determination, and that which is not conjectural or anticipatory, or that which seeks to resolve
hypothetical or feigned constitutional problems.
b. Proper party (locus standi)– One who has sustained or is in immediate danger of sustaining an
injury as a result of the act complained of;
c. Earliest opportunity– Constitutional questions must be raised at the earliest possible
opportunity.
d. Necessity of deciding constitutional questions – As long as there are other bases which
courts can use for decision, constitutionality of the law will not be touched, thus, courts should
refrain from resolving any constitutional issue "unless the constitutional question is the lis mota of
the case." (Belgica vs. Ochoa, G.R. No. 208566, November 19, 2013)
26. Actions are considered “moot” when it no longer presents a justiciable controversy.
Enumerate the exceptions to this rule.
a. There is a grave violation of the Constitution;

b. The exceptional character of the situation and the paramount public interest are involved;
c. When the constitutional issue raised requires formulation of controlling principles to guide the
bench, the bar, and the public; and
d. The case is capable of repetition yet evading review.
(ISSAI vs. Greenpeace Southeast Asia, G.R. No. 209271, July 26, 2016)
27. What are the Two (2) Types of Political Question?
a. Those questions which, under the Constitution, are to be decided by the people in their sovereign
capacity.
b. Those in regard to which full discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with questions of policy and issues
dependent upon the wisdom, not legality of a particular measure. (Ocampo vs. Enriquez, G.R. No.
225973, November 8, 2016)
V. SUPERVISION OF COURTS
VI. POWERS OF THE SUPREME COURT
28. May Congress, by law, grant exemption to litigants from payment of legal fees? Explain.
No, Congress cannot grant exemptions from payment of legal fees because it infringes on the rule-
making powers of the Supreme Court, and will impair the judiciary’s fiscal autonomy. (Re: in the Matter of
Clarification of Exemption from Payment of all Court and Sheriff's Fees of Cooperative etc., A.M. No. 12-2-03-0, March 13,
2012)
VII. QUALIFICATIONS, DISQUALIFICATIONS, AND SELECTION OF THE PRESIDENT, SENATORS,

MEMBERS OF THE HOUSE OF REPRESENTATIVES, JUSTICES AND JUDGES, THE OMBUDSMAN,
AND CONSTITUTIONAL COMMISSIONERS
29. Who are the impeachable officers and what are the grounds for their impeachment?
IMPEACHABLE OFFICERS GROUNDS FOR IMPEACHMENT
1. President; a. Culpable violation of the Constitution

2. Vice-President; b. Treason
3. Members of the Supreme Court; c. Bribery
4. Members of the Constitutional Commissions; d. Graft and Corruption
5. Ombudsman. e. Other High Crimes
Note: The enumeration is exclusive. (Art. XI, Sec. 2, 1987 f. Betrayal of Public Trust
Constitution)
30. Distinguish Quo Warranto from Impeachment as a remedy to remove an impeachable officer.
QUO WARRANTO IMPEACHMENT
Judicial in nature. Political in nature.
Cause of action lies on usurping, intruding or Cause of action is the commission of impeachable
unlawfully holding/ exercising a public office. offense.
Respondent is ordered to cease holding a public Conviction shall result to removal of the respondent
position, which he/she is ineligible to hold. from the public office that he/she is legally holding.
Commenced by a verified petition brought in the It must be initiated by filing of the Articles of
name of the Republic of the Philippines. Impeachment before the senate.
(Republic vs. Sereno, G.R. No. 237428, May 11, 2018)
VIII. IMMUNITY OF THE PRESIDENT, PRIVILEGES OF SENATORS,

AND MEMBERS OF THE HOUSE OF REPRESENTATIVES
31. What are the immunities and privileges granted to members of the legislative branch?
a. Immunity from arrest - grants the legislators the privilege from arrest while Congress is “in
session” with respect to offenses punishable by NOT more than 6 years of imprisonment, (Sec. 11,
Art. VI, 1987 Constitution) whether or not he is attending the session. (People vs. Jalosjos, G.R. Nos. 132875-
76, February 3, 2000)
b. Legislative privilege - No member shall be questioned nor be held liable in any forum other than
his respective Congressional body for any debate or speech in Congress or in any committee
thereof. (Sec. 11, Art. VI, 1987 Constitution)
32. What is the Aguinaldo Doctrine (Condonation Doctrine), and why was it abandoned?
The re-election of a local government official bars the continuation of the administrative case against
him; in as much as the re-election of the official is tantamount to condonation by the people of
whatever misdeed he may have committed. It was abandoned because election is not a mode of
condoning an administrative offense, and there is simply no constitutional or statutory basis in our
jurisdiction to support the notion that an official elected for a different term is fully absolved of any
administrative liability arising from an offense done during a prior term. (Carpio-Morales vs. CA, G.R. Nos.
217126-27, November 10, 2015)
Note: The defense of condonation doctrine is no longer available if the public official's re-election
happens on or after 12 April 2016. With the abandonment of the condonation doctrine in Carpio-
Morales, which became final on 12 April 2016, any re-elections of public officials on said date and
onwards no longer have the effect of condoning their previous misconduct. (Madreo vs. Bayron, G.R. No.
237330, November 3, 2020)
33. May the use of a foreign passport after renouncing foreign citizenship affects one’s
qualifications to run for public office?
Yes. The use of foreign passport after renouncing one’s foreign citizenship is a positive and
voluntary act of representation as to one’s nationality and citizenship; it does not divest Filipino
citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to
run for an elective position.The act of using a foreign passport after renouncing one’s foreign
citizenship is fatal to one’s bid for public office, as it effectively imposed on him a disqualification to
run for an elective local position. (Maquiling vs. COMELEC, G.R. No. 195649, April 16, 2013)
IX. STRUCTURE OF GOVERNMENT
34. May major political parties validly participate in the party-list elections?
As a rule, major political parties cannot participate in the party-list elections since they neither lack
"well-defined political constituencies" nor represent "marginalized and underrepresented" sectors.
As an exception, major political parties may participate in party-list elections only through their
sectoral wings. The participation of major political parties through their sectoral wings, a majority of
whose members are "marginalized and underrepresented" or lacking in "well-defined political
constituencies," will facilitate the entry of the "marginalized and underrepresented" and those who
"lack well-defined political constituencies" as members of the House of Representatives. (Atong
Paglaum, Inc., vs. COMELEC, G.R. No. 203766, April 2, 2013)
35. May the President validly exercise emergency power motu proprio? If not, what are the
requisites for Congress to validly delegate emergency powers to the President?
No. Emergency power is merely a delegated power from Congress (Sec. 23, 2nd par., Art VI, i987
Constitution). The following are the requisites for valid delegation of emergency powers to the
President:
a. There must be war, or other national emergency;
b. The delegation must be for a limited period only (not indefinite);
c. It is always subject to such restrictions as Congress may prescribe and;
d. It must be pursuant to a declared national policy
36. What are the tests of a valid delegation of power?
a. Completeness Test – the law must be complete in all its terms and provisions when it leaves the
legislature that nothing is left to the judgment of the delegate; when it reaches the delegate, the
only thing he will have to do is to enforce it.
b. Sufficient Standard Test - the law must offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy, and specify conditions under which it is to be
implemented. A sufficient standard is one which defines legislative policy, marks its limits, maps
out its boundaries and specifies the public agency to apply it. It indicates the circumstances under
which the legislative command is to be effected. (Abakada Guro Partylist vs. Purisima, G.R. No. 166715,
August 14, 2008)
X. PROCESS OF LEGISLATION
37. Discuss the veto power of the President.
The President shall have the power to veto any particular item or items in an appropriation, revenue,
or tariff bill, but the veto shall not affect the item or items to which he does not object. The
presentment of appropriation, revenue or tariff bills to the President, wherein he may exercise his
power of item-veto, forms part of the “single, finely wrought and exhaustively considered,
procedures” for law-passage as specified under the Constitution. (Belgica vs. Ochoa, G.R. No. 208566, 2013)
XI. NATURAL RESOURCES
38. What are the tests to determine a corporation’s compliance with the 60-40 rule set forth in the
Constitution for ownership of public utility?
Under the Voting Control Test, there should be at least 60% voting shares owned by Filipinos. There
should at least be a total of 120 of common shares and Class A preferred shares owned and
controlled by Filipinos for it to be compliant with the 60% of the voting shares requirement.
Under the Beneficial Ownership Test, at least 60% of all the outstanding capital stock should be
owned by Filipinos. There should be at least a total of 180 shares of all the outstanding capital stock
owned and controlled by Filipinos. (Roy III vs. Herbosa, G.R. No. 207246, November 22, 2016)
XII. AMENDMENT AND REVISION OF THE CONSTITUTION
39. Distinguish Initiative from Referendum.
INITIATIVE REFERENDUM
Initiative is the power of the people to Referendum is the right reserved to the people to adopt or reject
propose bills and laws, and to enact or any act or measure which has been passed by a legislative body
reject them at the polls independent of and which in most cases would without action on the part of
the legislative assembly. electors become a law.
Entirely the work of the electorate. Begun and consented to by the law-making body.
Process of law-making by the people Consists merely of the electorate approving or rejecting what has
themselves without the participation and been drawn up or enacted by a legislative body.
against the wishes of their elected
representatives.
1. Propose amendments to the Approve or reject legislation.

constitution.
2. Propose and enact legislation.
(SBMA vs. COMELEC, G.R. No. 125416, September 26, 1996)
B. INTERNATIONAL LAW
40. What are the sources of international law?
Primary Sources
a. Treaties or conventions – must be concluded by a sizable number of states and thus reflect the
will or at least the consensus of the family of nations. (Cruz, International Law, 2003);
b. Customs – practice which has grown up between states and has come to be accepted as binding
by the mere fact of persistent usage over a long period of time. (Fenwick, International Law,
1948); and
c. General principles of law – derived from the law of nature and are observed by the majority of
States because they are believed to be good and just. (Cruz, International Law, 2003)
Secondary Sources
a. Decisions of courts (Art. 38, Statute of International Court of Justice);
b. Writings of publicists (Cruz, International Law, 2003)
41. Discuss the following concepts in Public International Law.
a. Obligations Erga Omnes – Obligations which, by virtue of their nature and importance, are the
concern of all States and for whose protection all States have a legal interest. The concept refers
to specifically determined obligations that states have towards the international community as a
whole. (Belgium vs. Spain, 1970 I.C.J. 3, February 5, 1970)
b. Jus Cogens – Norms accepted and recognized by the international community of States as a
whole, from which no derogation is permitted and which can be modified only by a subsequent
norm of general international law having the same character. It means “compelling law” and is
also called peremptory norm. Its elements are the following: (i) a peremptory norm of general
international law; (ii) accepted and recognized by the international community; (iii) there can be
no derogation therefrom; and(iv) can be modified only by a subsequent norm of general
international law having the same character. (Ocampo vs. Abando, G.R. No. 176830, February 11, 2014).
c. Opinio Juris – The belief that a certain form of behavior is obligatory. (Bernas, International Law, 2009)
d. Pacta Sunt Servanda- – Every treaty in force is binding upon the parties to it and must be
performed by them in good faith. (Art. 26, Vienna Convention on the Law on Treaties)
e. Rebus sic Stantibus – A fundamental change of circumstances which has occurred with regard
to those existing at the time of the conclusion of a treaty, and which was not foreseen by the
parties. (Art. 62, Vienna Convention on the Law on Treaties)
42. Distinguish a treaty from an executive agreement.
EXECUTIVE AGREEMENT TREATY
Executive agreements must remain traceable to an Treaties are considered superior to executive
express or implied authorization under the Constitution, agreements. Treaties are products of the acts of
statutes, or treaties. The absence of these precedents puts the Executive and the Senate unlike executive
the validity and effectivity of executive agreements under agreements, which are solely executive actions.
serious question for the main function of the Executive is to Because of legislative participation through the
enforce the Constitution and the laws enacted by the Senate, a treaty is regarded as being on the
Legislature, not to defeat or interfere in the performance of same level as a statute. If there is an
these rules. Executive agreements cannot create new irreconcilable conflict, a later law or treaty takes
international obligations that are not expressly allowed or precedence over one that is prior. An executive
reasonably implied in the law they purport to implement. agreement is treated differently.
Both types of international agreement are subject to the supremacy of the Constitution.
In international law, the distinction between a treaty and an international agreement or even an executive
agreement is irrelevant for purposes of determining international rights and obligations
(Saguisag vs. Ochoa, G.R. Nos. 212426 and 212444, January 12, 2016)
C. LABOR LAW
I. BASIC PRINCIPLES
1. Why is the right to labor treated as the right to property?
A profession, trade or calling is a property right within the meaning of our constitutional guarantees.
One cannot be deprived of the right to work and right to make a living because these rights are
property rights, the arbitrary and unwarranted deprivation of which normally constitutes an actionable
wrong. (JMM Promotion and Management, Inc. vs. Court of Appeals, G.R. No.120095, August 5, 1996)
II. EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP
2. What is the four-fold test?
The four-fold test is used to ascertain the existence of an employer-employee relationship to

wit:
1. The selection and engagement of the employee
2. The payment of wages
3. The power of dismissal; and
4. The power to control the employee’s conduct (control test) (Atok Big Wedge vs. Gison, G.R. 169510,
August 8, 2011, J. Peralta).
3. What is the two-tiered test?
1. The putative employer’s power to control the employee with respect to the means and methods by
which the work is to be accomplished; and
2. The underlying economic realities of the activity or relationship (also called Economic Dependency
Test) (Francisco v. NLRC, G.R. No. 170087, August 31, 2006, J. Ynares-Santiago).
4. What are other instances where employer-employee relationship exists?
1. Jeepney drivers on boundary basis (Villamaria vs. CA, G.R. No. 165881, April 19, 2006, J. Callejo Sr.);
2. Drivers or helpers of salesmen are employees of the company (Alhambra Industries v. CIR, G.R. No. L-
25984, 1970);
3. Employees of an unregistered association (Orlando Farm Growers v. NLRC, G.R. No.129076, 1998);
4. Street-hired kargador (Caurdanetaan Piece Workers Union v. Laguesman, G.R. No.113542, 1998);
5. Workers in movie projects (Maraguinot and Enero v. NLRC and Viva Fils, G.R. No.113542, 1998);
6. “Talents” (Begino v. ABS-CBN, G.R. No. 199166, 2015);
7. Salaried insurance agent, as distinguished from registered agents on commission basis (Great Pacific
Life Assurance Corp., vs. Judico, G.R. No. 73887, 1989)
8. Tailors, seamstresses, servers, basters, plantsadoras paid on piece-rate basis (Makati Haberdashery v.
NLRC, G.R. Nos. 83380-83, 1989);
9. In-house counsel (Hydro Resources Contractors v. Pagalilauan, G.R. No. 62909, 1989);
10. Security guards, with respect to the security agency (Agro Commercial Services v. NLRC, G.R. No.
82823-24, 1989).
5. Who are regular employees?
a. By nature of work. - The employment is deemed regular when the employee has been engaged
to perform activities which are usually necessary or desirable in the usual business or trade of the
employer.
b. By period of service. - The employment is reckoned as regular when the employee has rendered
at least one (1) year of service, whether such service is continuous or broken, with respect to the
activity in which he is employed and his employment shall continue while such activity exists.
c. By probationary employment. - The employment is considered regular when the employee is
allowed to work after a probationary period. (Article 280, Book VI, Title 1, Omnibus Rules to Implement the Labor
Code)
6. Does the repeated and successive rehiring of project employees qualify them as regular
employees?
No. The repeated and successive rehiring of project employees do not qualify them as regular
employees, as length of service is not the controlling determinant of the employment tenure of a
project employee, but whether the employment has been fixed for a specific project or undertaking, its
completion has been determined at the time of the engagement of the employee . (Bajaro vs. Metro
Stonerich Corp. G.R. No. 227982, April 23, 2018, J. Reyes)
III. TERMINATION OF EMPLOYMENT
7. What are the requisites for validity of termination by the employer?
a. Substantive Due Process - The dismissal must be for any of the (1) just causes provided by the
Labor Code or the company rules and regulations; or (2) authorized causes under the Labor
Code.
b. Procedural Due Process - The employee must be accorded due process, the elements of which
are the following: (1) notice and (2) the opportunity to be heard and (3) to defend himself.
8. What is the Totality of Infractions Doctrine?
Previous recorded offenses of the same kind shall be considered in determining whether or not the
employee may be terminated on the same offense given due process. It is the totality, not the
compartmentalization of company infractions that the employee had consistently committed, which
justifies the penalty of dismissal (e.g. number of violations committed during the period of
employment). (Manila Electric Company v. NLRC, G.R. No. 114129, October 24, 1996)
9. What are the jurisprudential standards for the losses which may justify retrenchment?
1. The losses expected should be substantial and not merely de minimis in extent.
2. The substantial loss apprehended must be reasonably imminent, as such imminence can be
perceived objectively and in good faith by the employer. There should, in other words, be a certain
degree of urgency for the retrenchment, which is after all a drastic recourse with serious
consequences for the livelihood of the employees retired or otherwise laid-off.
3. Alleged losses if already realized, and the expected imminent losses sought to be forestalled, must
be proved by sufficient and convincing evidence. The reason for requiring this quantum of proof is
readily apparent: any less exacting standard of proof would render too easy the abuse of this
ground for termination of services of employees . (Manatad vs. Philippine Telegraph and Telephone Corporation,
G.R. No. 172363, March 7, 2008)
10. What is the Procedural Due Process in Just Cause Termination?
1. First written notice

a. Must contain the specific causes or grounds for termination against him;
b. Must contain a directive that the employee is given the opportunity to submit his written
explanation within the reasonable period of FIVE (5) Calendar Days from receipt of notice.
c. Contain a detailed narration of the facts and circumstances that will serve as basis for the
charge against the employee. A general description of the charge will not suffice;
d. Specifically mention which company rules, if any, are violated and/or which among the grounds
under Article 282 is being charged against the employee.
2. Second written notice

After determining that termination of employment is justified, the employer shall serve the
employees a written notice of termination indicating that:
a. All circumstances involving the charge/s against the employee have been considered; and
b. Grounds have been established to justify the severance of his employment. (Kings of Kings
Transport, Inc. vs. Mamac, 526 SCRA 116, June 29, 2007)
11. Distinguish Just Causes from Authorized Causes.
JUST CAUSES AUTHORIZED CAUSES
The dismissal process is initiated by the employee. The dismissal process is initiated by the employer.
Payment of separation pay is not required. Payment of separation pay is required subject to
certain exceptions.
For failure to comply with the due process requirement For the violation of due process requirement by the
in just cause dismissal, the employer is liable to pay employer in authorized cause dismissal, he is liable to
indemnity amounting to Php30,000, which is tempered. pay indemnity in the amount of Php 50,000, which is
stiffer.
Termination by the Employer: Business-related causes

a. Serious misconduct or willful disobedience by the a. Installation of labor-saving device;
employee of the lawful orders of his employer or b. Redundancy;
representative in connection with his work; c. Retrenchment;
b. Gross and habitual neglect by the employee of his d. Closure or cessation of business operations not
duties; due to serious business losses or financial
c. Fraud or willful breach by the employee of the trust reverses; and
reposed in him by his employer or duly authorized e. Closure or cessation of business operations due to
representative; serious business losses or financial reverses; and
d. Commission of a crime or offense by the employee
against the person of his employer or any Health-related causes
immediate member of his family or his duly The disease is incurable within 6 months and the
authorized representatives; and continued employment of the employee is prohibited
e. Other causes analogous to the foregoing; by law or prejudicial to his health as well as to the
Prohibited Activities: health of his co-employees.
a. Union officers who knowingly participate in an Before an employer could dismiss an employee
illegal strike and therefore deemed to have lost based on a disease, the Omnibus Rules
their employment status; and Implementing the Labor Code requires a certification
b. Any employee, union officer or ordinary member by a competent public health authority that the
who knowingly participates in the commission of disease is of such a nature or at such stage that it
illegal acts during a strike (irrespective of whether cannot be cured within a period of 6 months even
the strike is legal or illegal), is also deemed to have with proper medical treatment. (Cathay Pacific Airways
lost his employment status. vs. NLRC, G.R. Nos. 141702-03. August 2, 2001)
National Interest Cases - where strikers who violate For the violation of due process requirement by the
orders, prohibitions and/or injunctions as are issued by employer in authorized cause dismissal, he is liable to
the DOLE Secretary or the NLRC, may be imposed pay indemnity in the amount of Php 50,000, which is
immediate disciplinary action, including dismissal or stiffer.
loss of employment status.
Union Security Clause - where violation of the union
security agreement in the CBA may result in
termination of employment. Under this clause, the
bargaining union can demand from the employer the
dismissal of an employee who commits a breach of
union security arrangement, such as failure to join the
union or to maintain his membership in good standing
therein. The same union can also demand the
dismissal of a member who commits an act of
disloyalty against it, such as when the member
organizes a rival union. Failure to qualify for
regularization during a probationary period
12. Is the twin-notice requirement and hearing applicable to authorized cause termination?
No. Due process in authorized cause termination is deemed complied with upon the separate and
simultaneous service of a written notice of the intended termination to both:
a. the employee to be terminated; and

b. the appropriate DOLE Regional Office, at least one (1) month before the intended date of the
termination specifying the ground/s therefor and the undertaking to pay the separation pay required
under Article 283 of the Labor Code.
13. How is separation pay computed?
a. If based on (1) installation of labor-saving device, or (2) redundancy. - One (1) month pay or at
least one (1) month pay for every year of service, whichever is higher, a fraction of at least six (6)
months shall be considered as one (1) whole year.
b. If based on (1) retrenchment, or (2) closure NOT due serious business losses or financial
reverses. - One (1) month pay or at least one-half (½) month pay for every year of service,
whichever is higher, a fraction of at least six (6) month shall be considered as one (1) whole year.
c. If closure is due to serious business losses or financial reverses, NO separation pay is required to
be paid.
d. In case the CBA or company policy provides for a higher separation pay, the same must be
followed instead of the one provided in Article 299 (283)
14. When may separation pay be granted in lieu of reinstatement?
1. Where the continued relationship between the employer and the employee is no longer viable due
to the strained relations and antagonism between them (Doctrine of Strained Relations);
2. When reinstatement proves impossible, impracticable, not feasible or unwarranted for varied
reasons and thus hardly in the best interest of the parties;
3. Where the employee decides not to be reinstated as when he does not pray for reinstatement in his
complaint or position paper but asked for separation pay instead;
4. When reinstatement is rendered moot and academic due to supervening events;
5. In order to prevent further delay in the execution of the decision to the prejudice of private
respondent; and
6. Other similar circumstances
15. How are backwages computed?
Backwages to be awarded to an illegally dismissed employee, should not, as general rule, be

diminished or reduced by the earnings derived by him elsewhere during the period of his illegal
dismissal. The underlying reason of this ruling is that the employee, while litigating the legality
(illegality) of his dismissal, must still earn a living to support himself and family, while his backwages
have to be paid by the employer as part of the price or penalty he has to pay for illegally dismissing
his employee. (Bustamante vs. NLRC, G.R. No. 111651, November 28, 1996, J. Padilla)
The computation of backwages is based on the wage rate at the time of the employee’s dismissal,
inclusive of regular allowances that the employee had been receiving such as the emergency living
allowances and the 13th month pay mandated under the law. (Equitable Banking Corp. vs. Sadac, G.R. No.
1647772 June 8, 2006, J. Chico-Nazario)
IV. REQUIREMENTS FOR LABOR-ONLY CONTRACTING
16. When is contracting or subcontracting allowed?
Contracting or subcontracting shall only be allowed if the following circumstances concur:

a. The contractor or subcontractor is engaged in a distinct and independent business and undertakes
to perform the job or work on its own responsibility, according to its own manner and method;
b. The contractor or subcontractor has substantial capital to carry out the job farmed out by the
principal on his account, manner and method, investment in the form of tools, equipment,
machinery and supervision;
c. In performing the work farmed out, the contractor or subcontractor is free from the control and/or
direction of the principal in all matters connected with the performance of the work except as to the
result thereto; and
d. The Service Agreement ensures compliance with all the rights and benefits for all the employees of
the contractor or subcontractor under the labor laws (Sec. 8, Department Order No. 174-17).
V. RIGHTS OF EMPLOYEES AND OF LABOR ORGANIZATIONS; MEMBERSHIP IN UNIONS
17. Explain the concept of stop-lock gate clause or the non-chargeability clause.
It is a provision in the Collective Bargaining Agreement that provides that the wage/allowance granted
under this accord cannot be credited to similar form of benefit that may be thereafter ordained by the
government through legislation. (Marcopper Mining Corporation vs. NLRC, G.R. no. 103525, March 29, 1996)
18. Is there an exception to this rule?
Yes. Creditability provisions in wage orders are grounded in an important public policy, which is to
encourage employers to grant wage and allowance increases to their employees higher than the
minimum rates of increases prescribed by statute or administrative regulation. The creditability
provisions in the Wage Orders prevent the penalizing of employers who are industry leaders and who
do not wait for statutorily prescribed increases in salary or allowances and pay their workers more than
what the law or regulations require. (Apex Mining Company, Inc. v. NLRC, G. R. No. 86200, February 25, 1992, J.
Feliciano)
19. What acts constitute Unfair Labor Practice (ULP)?
Unfair Labor Practice by Labor Organizations Unfair Labor Practice by Employers

a. To interfere with, restrain or coerce employees in the a. To restrain or coerce employees in the
exercise of their right to self-organization; exercise of their right to self-organization.
b. To require as a condition of employment that a person However, a labor organization shall have
or an employee shall not join labor organization or the right to prescribe its own rules with
shall withdraw from one to which he belongs; respect to the acquisition or retention of
c. To contract out services or functions being performed membership.
by union when such will interfere with, restrain coerce b. To cause or attempt an employer to
employees in the exercise of their rights to self— discriminate against an employee with
organizations; respect to whom membership in such
d. To initiate, dominate, assist or otherwise interfere with organizations has been denied or terminate
the formation or administration of any labor an employee on any other than the usual
organization, including the giving of financial or other terms and conditions under which
support to it or its organizers or supporters; membership or continuation of membership
e. To discriminate in regard to wages, hours of work and is made available to other members.
other terms and conditions of employment in order to c. To violate the duty, or refuse to bargain
encourage or discourage membership in any labor collectively with the employer, provided it is
organization. Nothing in this Code or in any other law the representative of the employees.
shall stop the parties in requiring membership in a d. To cause or attempt to cause an employer
recognized collective bargaining agent as a condition to pay or deliver or agree to pay or deliver
for employment, except those employees who are any money or other things of value, in the
already members of another union at the time of the nature of an exaction, for services which
signing of the collective bargaining agreement. are not performed or not to be performed,
Employees of an appropriate bargaining unit who are including the demand for fee for union
not already members of the recognized collective negotiations;
bargaining agent may be assessed a reasonable fee e. To ask for or accept negotiations or
equivalent to the dues and other fees paid by attorney’s fees from part of the settlement
members of the recognized collective bargaining of any issue in collective bargaining or any
agent,, if such non-union members accept the benefits other dispute; or
under the collective bargaining agreement: Provided, f. To violate collective bargaining agreement.
that the individual authorization required under Article g. (Art. 259, Labor Code of the Philippines)
242, paragraph (0) of this shall not apply to the non-
members of the recognized collective bargaining
agent. To dismiss, discharge or otherwise prejudice or
discriminate against an employee for having given or
being about to give testimony under this Code;
f. To violate the duty to bargain collectively as
prescribed by this Code;
g. To pay negotiation or attorney’s fees to the union or its
officers or agents as part of the settlement of any
issue in collective bargaining or any other dispute; or
h. To violate a collective bargaining agreement.
(Art. 260, Labor Code)
20. What are the seven (7) requisites for a valid strike?
1. It must be based on either a collective bargaining deadlock or an unfair labor practice.

2. A notice of strike must be filed with the NCMB-DOLE;
3. A notice must be served to the NCMB-DOLE at least 24 hours prior to the taking of the strike vote
by secret balloting, informing said office of the decision to conduct a strike vote, and the date,
place, and time thereof;
4. A strike vote must be taken where a majority of the members of the union obtained by secret ballot
in a meeting called for the purpose, must approve it;
5. A strike vote report should be submitted to the NCMB-DOLE at least 7 days before the intended
date of the strike;
6. Except in cases of union-busting, the cooling-off period of 15 days, in case of unfair labor practices
of the employer, or 30 days, in case of collective bargaining deadlock, should be fully observed;
and
7. The 7-day waiting period/strike ban reckoned after the submission of the strike vote report to the
NCMB-DOLE should also be fully observed in all cases.
21. Distinguish the effects of illegal strikes between a participating worker and a union officer.
EFFECT OF ILLEGAL STRIKE EFFECT OF ILLEGAL STRIKE AS

AS TO WORKER TO UNION OFFICER
An ordinary worker merely participating in an illegal A union officer may be terminated from employment for
strike may not be terminated from employment. knowingly participating in an illegal strike or participated
in the commission of illegal acts during a strike.
It is only when he commits illegal acts during a The law grants the employer the option of declaring a
strike that he may be declared to have lost union officer who participated in an illegal strike as
employment. having lost his employment.
(Visayas Community Medical Center vs. Yballe, G.R. No. 196156, January 15, 2014)
VI. MANAGEMENT PREROGATIVE
22. What is the proportionality rule?
The proportionality rule simply means that the penalty to be imposed should be commensurate to the
offense committed. For example, dismissal for committing tardiness or absence for the first time is too
harsh a penalty. A warning, a reprimand would suffice for the first offense, punitive suspension of a
day or two, for the second offense, a longer suspension for a third offense, and finally, dismissal for a
fourth offense. (Chan, Bar Reviewer on Labor Law, 2017, p. 71)
23. When is transfer of employees tantamount to constructive dismissal?
The employer must be able to show that the transfer is not unreasonable, inconvenient or prejudicial to
the employee; nor does it involve a demotion in rank or a diminution of his salaries, privileges and
other benefits. Should the employer fail to overcome this burden of proof, the employees transfer shall
be tantamount to constructive dismissal, which has been defined as a quitting because continued
employment is rendered impossible, unreasonable or unlikely; as an offer involving a demotion in rank
and diminution in pay.
24. What is the Non-Diminution Rule?
The Non-Diminution Rule found in Article 100 of the Labor Code explicitly prohibits employers from
eliminating or reducing the benefits received by their employees. This rule, however, applies only if the
benefit is based on an express policy, a written contract, or has ripened into a practice. To be
considered a practice, it must be consistently and deliberately made by the employer over a long
period of time.
An exception to the rule is when "the practice is due to error in the construction or application of a
doubtful or difficult question of law." The error, however, must be corrected immediately after its
discovery;43 otherwise, the rule on Non-Diminution of Benefits would still apply. (Wesleyan University-
Philippines vs. Wesleyan University-Philippines Faculty and Staff Association, G.R. 181806, March 12, 2014, J. Castillo)
25. Is the policy of the employer banning spouses from working in the same company a valid
exercise of management prerogative?
No. The failure of the employer to prove legitimate business concern in imposing the questioned policy
cannot prejudice the employee's right to be free from arbitrary discrimination based upon stereotypes
of married persons working together in one company, Thus, for failure of the employer to present
undisputed proof of a reasonable business necessity, we rule that the questioned policy is an invalid
exercise of management prerogative (Star Paper Corp. vs. Simbol, G.R. No. 164774, April 12, 2006).
VII. ILLEGAL RECRUITMENT OF OVERSEAS FILIPINO WORKERS
26. What is the rule regarding direct hiring of migrant workers?
As a general rule, direct hiring of migrant workers is not allowed. However, direct hiring is allowed
through:
a. Direct-hiring by members of the diplomatic corps, international organizations and such other
employers as may be allowed by the Secretary of Labor;
b. “Name hire,” which refers to a worker who is able to secure an overseas employment opportunity
with an employer without the assistance or participation of an agency. However, he should still
undergo processing by the POEA. (Art. 18, Labor Code; Sec. 1, Rule II, Book IV, Rules and Regulations Governing
Overseas Employment; Poquiz, Labor Standards and Social Legislation with Notes and Comments, Vol. 1, 2018, p. 89)
27. What is illegal recruitment?
Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring, or procuring workers and includes referring, contract services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of
authority contemplated under Art. 13 (f) of the Labor Code: Provided, That any such non-licensee or
non-holder who, in any manner, offers or promises for a fee employment abroad to two (2) or more
persons shall be deemed so engaged. (1st par. of Sec. 6 of R.A. 8042, as amended by Sec. 5 of R.A. 10022 and
Sec. 1, Rule IV, Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipino Act of 1995, as
amended by R.A. 10022)
28. What are the kinds of illegal recruitment?
a. Simple illegal recruitment – the offender has no valid license or authority required by law to
enable one to lawfully engage in recruitment and placement of workers;
b. Syndicated – illegal recruitment committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another; and
c. Large scale or qualified – illegal recruitment committed against three (3) or more persons,
individually or as a group. (Sec. 5 of R.A. 10022, amending Sec. 6 of R.A. 8042, otherwise known as Migrant Workers
Act).
Note:
● Items (b) and (c) are forms of illegal recruitment of economic sabotage.
● Large scale illegal recruitment can be committed by only one (1) person. What is important as
qualifying element is that there should be at least three (3) victims of such illegal recruitment,
individually or as a group. (People vs. Laurel, G.R. No. 120353, February 12, 1998, J. Bellosillo).
29. What is the effect of termination of overseas employment without just, valid or authorized
cause or unauthorized deductions?
Overseas workers regardless of their classifications are entitled to security of tenure, at least for the
period agreed upon in their contracts. This means that they cannot be dismissed before the end of
their contract terms without due process. If they were illegally dismissed, the workers’ right to security
of tenure is violated. Respondent is entitled to her salary for the unexpired portion of her contract, in
accordance with Section 10 of Republic Act No. 8042. (Sameer Overseas Placement Agency, Inc. vs. Cabiles,
G.R. No. 170139, August 5, 2014)
VIII. REMEDIES (LABOR STANDARD VIOLATIONS)
30. Explain the visitorial and enforcement powers of the SOLE or his authorized representative in
relation to labor standards.
The Secretary of Labor or his authorized representatives are empowered to 1) ACCESS employer
records at any time of day or night, so long as work is being undertaken; 2) ISSUE Compliance
Orders to give effect to labor standards provisions of the Code; 3) order WORK STOPPAGE or
suspend operations when noncompliance with labor standards pose grave and imminent danger to
the health and safety of workers. (Art. 128, Labor Code)
31. How is a Compliance Order issued by the Regional Director, acting as authorized
representative of the SOLE in its exercise of enforcement powers, appealed?
A Compliance Order may be appealed with the SOLE by filing a Memorandum of Appeal within TEN
(10) days from receipt. (Sec. 1, Rule XV, Department Order No. 131-B, Series of 2016)
32. On what grounds is a Compliance Order issued by the SOLE in its exercise of enforcement
powers appealed?
A Compliance Order may be appealed with the SOLE only on the following grounds: 1) Prima facie
evidence of grave abuse of discretion on the part of the Regional Director; 2) Pure questions of law;
and 3) Serious errors in findings of facts were committed which, if not corrected, would cause grave
or irreparable injury to appellant. (Sec. 2, Rule XV, Department Order No. 131-B, Series of 2016)
D. TAXATION LAW
I. GENERAL PRINCIPLES
1. What are the theories and bases of taxation?
a. Lifeblood Theory – Taxes are the lifeblood of the government and so should be collected without
unnecessary hindrance. (Commissioner of Internal Revenue vs. Algue, Inc, G.R. No. L-28896, February 17, 1988)
b. Necessity Theory – The State cannot continue without the means of paying for its existence;
hence, it has the right to compel all citizens and property within its power to contribute for the same
purpose (71 Am. Jur. 2d 346)
c. Benefits-Protection Theory (Doctrine of Symbiotic Relationship) – Taxation arises because of
the reciprocal relation of protection and support between the state and the taxpayers. The state gives
protection and for it to continue giving protection, it must be supported by taxpayers in the form of
taxes. (Commissioner of Internal Revenue vs. Algue, Inc, Ibid.)
2. What are the principles of sound tax system? (FAT)
a. Fiscal Adequacy – revenue raised must be sufficient to meet government / public expenditures
and other public needs. (Chavez vs. Ongpin, G.R. No. 76778, June 6, 1990)
b. Administrative Feasibility – Tax laws must be capable of effective and efficient enforcement.
They must not obstruct business growth and economic development. (Diaz vs. Sec. of Finance, GR. No.
193007,July 19,2011)
c. Theoretical Justice – must take into consideration the taxpayer‘s ability to pay (Ability to Pay
Theory). Art. VI, Sec. 28 (1) of the 1987 Constitution mandates that the rule on taxation must be
uniform and equitable and that the State evolve a progressive system of taxation.
NOTE: Non-observance of Fiscal Adequacy and Administrative Feasibility will render the tax
measure unsound but not unconstitutional. However, non-observance of the Principle of Theoretical
Justice may render the tax measure unconstitutional because the Constitution itself requires that
taxation must be equitable. (Soriano, et.al, The Tax Reviewer, 2021, p. 6)
3. What are the procedural and substantive requisites of due process in taxation law?
a. Procedural
i. The interest of the public generally as distinguished from those of a particular class require the
intervention of the State.
ii. Assessment and Collection must not be arbitrary.
iii. Right to notice and hearing.
b. Substantive
i. The means employed must be reasonably necessary to the accomplishment of the purpose
and not unduly oppressive.
ii. Assessment should not be harsh, oppressive and confiscatory.
iii. It must be by authority of a valid law.
iv. It must be imposed within territorial jurisdiction.
4. What are the requisites of a valid classification?
i. Must be based upon substantial distinctions;

ii. Must be germane to the purpose of law;
iii. Must apply to both present and future conditions; and
iv. Must apply equally to all members of a class. (Ormoc Sugar Company, Inc. vs. The Treasurer of Ormoc City,
et. al., 22 SCRA 603)
5. Y University is a non-stock, non-profit educational institution (NSNPEI). It owns three (3)

buildings wherein two (2) of which are devoted to classrooms, laboratories, administrative
offices and student dormitory and the remaining building is being leased by various
concessionaires. All the income derived by the university are used actually, directly and
exclusively for educational purposes. Is the university subject to both (a) real property tax,
and (b) income tax?
(a) Yes, but only on the building which is being rented out to concessionaires. The taxability of the
school premises as to real property tax depends on whether or not the premise is being used
actually, directly and exclusively (“ADE”) for educational purposes. (Commissioner of Internal Revenue vs
DLSU, GR No. 20-3514, February 13, 2017)
(b) No. Article XIV, Section 4(3) of the 1987 Constitution provides that all revenues and assets of a
NSNPEI used ADE for educational purposes shall be exempt from taxes without any distinction. It
means that all income derived by a NSNPEI, whether derived for being a nonstock nonprofit
educational institution or from any activity conducted for profit, shall be exempt from income tax as
long as the said income is used ADE for educational purposes. (Supra.)
NOTE: The income derived by it from unrelated trade, business or activities which were not used
actually, directly and exclusively for educational purposes shall be subject to the preferential income
tax rate of 10% of its taxable income pursuant to Sec. 27(B) of the Tax Code.
II. INCOME TAX
6. Discuss the following concepts in income taxation.
a. Loss Limitation Rule - capital losses are deductible only against capital gains (Sec 39, NIRC as
amended).
b. Tax Benefit Rule - the recovery of bad debts previously allowed as deduction in the preceding
year or years that shall be included as part of the taxpayer’s gross income in the year of such
recovery to the extent of the income tax benefit of the said deduction. It also pertains to taxes
refunded that were previously claimed as a deduction but when refunded or credited shall be part
of gross income in the year of receipt to the extent of the income tax benefit of said deduction
(Sec. 4, RR No. 05-99) (Sec. 34(C)(1), NIRC as amended).
c. Doctrine of Constructive Receipt of Income - income is received not only when it is actually
handed to a taxpayer but also when it is merely constructively received by him (ING Bank vs. CIR,
G.R. No. 167679, July 22, 2015).
d. Doctrine of Command Control and Ownership/ Claim of Right Doctrine - if a taxpayer
receives money or other property and treats it as his own under the claim of right that the
payments are made absolutely and not contingently, such amounts are included in the taxpayer’s
income, even though the right to the income has not been perfected at that time. It does not
matter that the taxpayer’s title to the property is in dispute and that the property may later be
recovered from the taxpayer (CIR vs. Javier, G.R. No. 78953, July 31, 1991).
e. Doctrine of Involuntary Conversion of Property - refers to an expropriation of a capital asset
by the government where instead of paying the property owner the just compensation under such
involuntary sale, the government will replace the expropriated property with another property. The
transaction is not taxable because the ownership of the new property is deemed a continuation of
the ownership of the old property taken by the government for public use (Herder vs. Helvering, 106
F.2d 153, D.C. Cir. 1939).
f. Interest Arbitrage Rule – means that the taxpayer’s allowable deduction for interest expense
shall be reduced by 33% of the interest income subject to final tax.
7. What are the tests in determining whether income is earned for tax purposes?
1. Realization Test. There is no taxable income unless income is deemed realized. Revenue is
generally recognized when both conditions are met:
a. The earning process is complete or virtually complete; and

b. An exchange has taken place. (Manila Mandarin Hotels, Inc. vs. CIR, CTA Case No. 5046, March 24, 1997)
2. Claim of Right Doctrine/Doctrine of Ownership, Command, or Control – A taxable gain is

conditioned upon the presence of a claim of right to the alleged gain and the absence of a definite
unconditional obligation to return or repay.
3. Economic-Benefit test/Doctrine of Proprietary Interest – Taking into consideration the pertinent

provisions of law, income realized is taxable only to the extent that the taxpayer is economically
benefited.
4. Severance test – Income is recognized when there is separation of something which is of

exchangeable value.(Eisner vs. Macomber, 252 US 189)
8. What composes gross income?
All income derived from whatever source, including (but not limited to) the following items:
1. Compensation for services in whatever form paid, including, but not limited to fees, salaries,
wages, commissions, and similar items;
2. Gross income derived from the conduct of trade of business or the exercise of a profession;
3. Gains derived from dealings in property;
4. Interests;
5. Rents;
6. Royalties;
7. Dividends;
8. Annuities;
9. Prizes and winnings;
10. Pensions; and,
11. Partner’s distributive share from the net income of the general professional partnership. (Sec. 32[A]
of the NIRC)
9. May contributions to a candidate in an election be allowed as a deduction from gross income

by the contributor?
No. The contribution to a candidate in an election is not directly attributable to the development,
management, operation and/or conduct of a trade, business or profession. Furthermore, if the
candidate is an incumbent government official or employee, it may be considered as bribe or
kickback. (Mamalateo, Reviewer, Reviewer on Taxation, 2019, p. 469)
10. Who are not qualified for the 8% flat income tax rate option based on gross sales and/or
receipts?
The 8% income tax rate applies ONLY to income from business or practice of profession earned by
individuals whose the gross sales or receipts do not exceed P3,000,000. The above rate does not
apply to the following:
a. Pure compensation income earners;

b. VAT-registered taxpayers;
c. Non-VAT taxpayers whose gross receipts/sales exceed P3,000,000.00;
d. Taxpayers subject to other percentage taxes except Section 116;
e. Partners of General Professional Partnerships; and
f. Individuals enjoying income tax exemption such as those registered with Barangay Micro
Business Enterprise since taxpayers are not allowed to avail of double or multiple tax exemptions
under different tax laws unless specifically provided by law. (RR 8-2018) (RMC 50-2018)
11. What is Substituted Filing of Income Tax Return as per TRAIN Law?
Individual taxpayers receiving pure compensation income, regardless of amount, from only one
employer in the Philippines for the calendar year, the income tax of which has been withheld
correctly by the said employer (tax due equals tax withheld) shall not be required to file an annual
income tax return. The certificate of withholding filed by the respective employers, duly stamped
“received‟ by the BIR, shall be tantamount to the substituted filing of income tax returns by said
employees. (Sec. 51-A, NIRC as amended by TRAIN Law)
12. Are non-stock, non-profit hospital for charitable purposes exempt from income tax on its for
profit activities (i.e., income from paying patients)?
Yes. The hospital is subject to income tax as to the income derived from paying patients. For a non-
stock non-profit hospital to be completely exempt from income tax, Sec. 30(E) and (G) of the Tax
Code requires that said institution should operate exclusively for charitable or social welfare
purposes. But in case that non-stock non-profit hospital earns income from its for-profit activities, the
subject hospital shall only be subject to income tax insofar as the income derived from its profit
activities, but only at the preferential income tax rate of 10% based on its taxable income, regardless
of the disposition made of such income, pursuant to Sec. 27(B), in relation to the last paragraph of
Sec. 30 of the Tax Code (CIR vs. St. Luke’s Medical Center, G.R. No. 20-3514, February. 13, 2017).
13. Are non-stock, non-profit education institution subject to real property tax and income tax?
It is subject to RPT but only on the building which is being rented out to concessionaires. The
taxability of the school premises as to real property tax depends on whether or not the premise is
being used actually, directly and exclusively (“ADE”) for educational purposes. (Commissioner of Internal
Revenue vs DLSU, Ibid.)
However, it is not subject to income tax. Article XIV, Section 4(3) of the 1987 Constitution provides
that all revenues and assets of a NSNPEI used ADE for educational purposes shall be exempt from
taxes without any distinction. It means that all income derived by a NSNPEI, whether derived for
being a nonstock nonprofit educational institution or from any activity conducted for profit, shall be
exempt from income tax as long as the said income is used ADE for educational purposes. (Supra.)
Note: The income derived by it from unrelated trade, business or activities which were not used
actually, directly and exclusively for educational purposes shall be subject to the preferential income
tax rate of 10% of its taxable income pursuant to Sec. 27(B) of the Tax Code.
14. Can a taxpayer who opted to be taxed at graduated tax rates change to 8% Tax Regime?
No. He cannot opt to be taxed at 8% income tax. Taxpayer must signify his intention to avail of the
8% income tax rate in the 1st Quarter ITR, or on the initial quarter return of the taxable year after the
commencement of a new business/practice of profession.
He/she cannot amend his returns to change his taxing regime from graduated tax rates to 8%
income tax rate. As per RR 8-2018, such option shall be irrevocable and cannot be subject to any
amendment for the covered taxable year. (Section 24, NIRC as amended by TRAIN Law)
III. VALUE-ADDED TAX
15. Define the following terms:
a. Value added – is the difference between total sales of the taxpayer for the taxable quarter
subject to VAT and his total purchases for the same period subject also to VAT.
b. Output Tax – means the VAT due on the sale or lease of taxable goods, properties or services
by any person registered or required to register under Sec. 236 of the NIRC, as amended.
c. Input Tax – means the VAT due from or paid by a VAT-registered person in the course of his
trade or business on importation of goods or local purchase of goods, properties, or services,
including the lease or use of property from a VAT-registered person. (Sec. 110 [A], NIRC)
16. When is Mandatory VAT Registration applicable?
Any person who, in the course of trade or business, sells, barters or exchanges goods or properties,
or engages in the sale or exchange of services, shall be liable to register for valueadded tax if:
a. His gross sales or receipts for the past twelve (12) months, other than those that are exempt
under Section 109(A) to (BB), have exceeded Three million pesos (P3,000,000); or
b. There are reasonable grounds to believe that his gross sales or receipts for the next twelve (12)
months, other than those that are exempt under Section 109(A) to (BB), will exceed Three million
pesos (P3,000,000).(Sec. 236(G), NIRC as amended by TRAIN Law)
Note: Any person who is required to register but failed to do so shall be liable to pay VAT as if he
were a VAT-registered person, but without the benefit of input tax credits for the period in which he
was not properly registered (Sec. 236 (G)(2), NIRC as amended by TRAIN Law)
17. BTS Corporation is primarily engaged in the business of conversion of steam to electricity.
Its property, plant and equipment account includes a fully depreciated patrol cars used by the
Corporation. To get rid of the fully depreciated car, the Corporation decided to sell them to a
related party. Is the sale of the car subject to VAT?
Yes, the sale is subject to 12% VAT. In this case, since the patrol cars are part of the Corporation‘s
property, plant and equipment, the sale of the patrol car is an incidental transaction made in the
course of trade or business. (Mindanao Geothermal vs. CIR, G.R. No. 193301, March 11, 2013)
18. GOT7 Inc. is a domestic corporations engaged in the business of operating cinema houses,
among others. BIR sent both corporations a Preliminary Assessment Notice (PAN) for VAT
deficiency on cinema ticket sales. Can GOT7 be held liable for VAT on cinema ticket sales?
No. The gross receipts derived from admission tickets by cinema/theater operators or proprietors are
not subject to VAT. Section 108 (A) (7) of the Tax Code provides that only the lease of motion picture
films, films, tapes and discs is subject to VAT. Admission tickets by cinema operators are not the
same as the showing or exhibition of motion pictures or films. Only lessors or distributors of
cinematographic films are included in the coverage of VAT. (CIR vs SM Prime Holdings Inc and First Asia
Realty Development Corporation, G.R. No. 183505, February 26, 2010)
19. Define Destination Principle and the Cross Border Doctrine.
Destination Principle - Goods and services are taxed only in the country where these are consumed.
Cross Border Doctrine - Mandates that no VAT shall be imposed to form part of the cost of the goods
destined for consumption outside the territorial border of the taxing authority. Hence, actual export of
goods and services from the Philippines to a foreign country must be free from VAT. Conversely,
those destined for use or consumption within the Philippines shall be imposed with the 12% VAT.
(CIR v. Seagate Technology (Philippines), G.R. No. 153866, Feb. 11, 2005)
IV. DONOR’S TAX
20. Is the provision for “strangers” in payment of donor’s tax under the old Tax Code still
applicable with the advent of RA 10963?
No. Upon the passage of the TRAIN law, the latter repealed the provision of the old Tax Code
mandating a 30% tax rates for donors and donees who are not related. As such, a flat rate of 6% on
the excess of P250,000.00 of net gifts per calendar year shall be applicable. (Sec.99, NIRC as amended
by TRAIN law)
21. What is the rule on political donations or contributions?
Any contribution in cash or in kind to any candidate, political party or coalition of parties for campaign
purposes shall be governed by the Election Code, as amended (Sec.99(b), NIRC as amended by
TRAIN law) which provides that said contributions should be exempt from donor’s tax provided that
the recipient candidates and political parties comply with the requirements of filing of returns
contributions with the COMELEC.
22. When is the duty to withhold on compensation due?
The duty to withhold the tax on compensation arises upon its accrual. EXO Company accrued or
recorded the bonuses as deductible expense in its books. Therefore, its obligation to withhold the
related withholding tax due from the deductions for accrued bonuses arose at the time of accrual and
not at the time of actual payment. (ING Bank N.V. vs. CIR, G.R. No. 167679, July 22, 2015, Leonen, J.)
23. Is the operation of toll ways subject to VAT?
Yes. VAT on toll way operations is not really a tax on the toll way user, but on the tollway operator.
The seller of services – the tollway operator – is the person liable for VAT. (Diaz vs. Secretary of Finance,
July 19, 2011)
V. REMEDIES
24. 52. What are cases appealable straight to CTA En Banc?
a. Real property taxes decided by the CBAA;

b. Decision of the RTC in its appellate jurisdiction over the following:
i. Local tax cases;
ii. Tax collection cases; and
iii. Criminal offenses (Sec. 2, Rule 4, RRCTA)
25. In criminal cases under CTA exclusive original jurisdiction, is there a right to reserve the
filing of a separate civil action for the recovery of taxes?
No. The filing of the criminal action shall necessarily carry with it the filing of the civil action. No right
to reserve the filing of such civil action separately from the criminal action shall be allowed or
recognized. (Sec. 11, Rule 9, RRCTA)
26. What court has exclusive appellate jurisdiction to determine the constitutionality or validity of
revenues issuances?
The Court of Tax Appeals (CTA) has the exclusive appellate jurisdiction to determine the
constitutionality or validity of tax laws, rules and regulations, and other administrative issuances of the
CIR. It is now within the power of the CTA, through its power of certiorari, to rule on the validity of a
particular administrative rule or regulation so long as it is within its appellate jurisdiction. (Courage vs.
CIR. G.R. No. 213446, July 3, 2018)
27. What is the prescriptive period in relation to (a) asses the tax, (b) assess the tax, and (c) file
criminal action under the NIRC, as amended?
(a) Period to assess tax
i. Ordinary prescription – within three (3) years from the last day prescribed by law for the filing
of the tax return or the actual filing of the return, whichever is later. (Sec. 203, NIRC)
ii. Extra-ordinary prescription – within ten (10) years after discovery in case of false return
(regardless of intent to evade tax), fraudulent return with intent to evade tax, or failure to fille a
return (in case of a wrong return or a grossly defective return). (Sec. 222 [a], NIRC)
(b) Period to collect tax
May be collected by distraint or levy or by a proceeding in court within five (5) years from date of
assessment. (Sec. 222 [c], NIRC)
(c) Period to file criminal action
Prescription shall begin to run from the day of the commission of the violation of the law, and if the
same be not known at the time, from the discovery thereof and the institution of judicial proceedings
for its investigation and punishment. (Sec. 281, NIRC)
28. Give at least 5 instances where the running of Statute of Limitations on Assessment may be
suspended.
a. When taxpayer cannot be located in the address given by him in the return, unless he informs the
CIR of any change in his address or the BIR became aware of his new address;
b. When the taxpayer is out of the Philippines (Sec. 223, NIRC);
c. Where the CIR is prohibited from making the assessment or levy or a proceeding in court for 60
days thereafter, such as where there is a pending petition for review in the CTA from the decision
on the protested assessment (Republic vs. Ker & Co., G.R. No. L-21609, September 29, 1966);
d. Where CIR and the taxpayer agreed in writing for the extension of the assessment, the tax may
be assessed within the period so agreed upon (Sec. 222 [b], NIRC);
e. When the taxpayer requests for reinvestigation which is granted by the Commissioner. (Collector vs.
Suyoc Consolidated Mining Co., G.R. No. L-11527, Nov. 25, 1958) Note: A request for reconsideration alone
does not suspend the period to assess/collect.
29. May a Letter of Authority cover an undisclosed number of taxable years?

No. A Letter of Authority [LOA] should cover a taxable period not exceeding one taxable year. The
practice of issuing LOAs covering audit of unverified prior years is hereby prohibited. If the audit of a
taxpayer shall include more than one taxable period, the other periods or years shall be specifically
indicated in the LOA. (CIR vs. De La Salle University, Inc.,Ibid.)
30. What are the options of the taxpayer in case of inaction of by the Commissioner on the
protest?
In case the CIR failed to act on a disputed assessment within the 180-day period, the taxpayer can
either:
1. file petition for review with CTA within 30 days, or

2. await the final decision of the CIR on disputed assessments and appeal such final decision to
CTA within 30 days after receipt of the copy of the decision. These options are mutually
exclusive.(CIR vs. Avon Products Manufacturing, ,G.R. Nos. 201398-99, October 03, 2018,penned by J. Leonen)
31. Is injunction available to restrain collection of tax?

No. An injunction is not available to restrain collection of tax. No court shall have the authority to
grant an injunction to restrain the collection of any national internal revenue tax, fee, or charge
imposed by the NIRC. (Sec. 218, NIRC)
NOTE: Only the CTA can issue an injunction and it is only allowed under certain conditions set by
law. (Sec. 11 of R.A. 1125, as amended by R.A. 9282)
HAIL TO THE CHIEFS!

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Arellano University School of Law

Center for Legal Education and Research

2020/21/22 BAR OPERATIONS

THE LAW PERTAINING TO THE STATE

I. BASIC PRINCIPLES OF POLITICAL LAW

2. Discuss the rule on seizure of government funds by virtue of writ of execution or

3. What is the Lemon Test?

II. BILL OF RIGHTS

4. What is Academic Freedom?

a. Warrantless search incidental to a lawful arrest;

6. When is there a valid stop and frisk search?

a. Should be provided by law;

VOID-FOR-VAGUENESS OVERBREADTH DOCTRINE

FACIAL CHALLENGE AS-APPLIED CHALLENGE

13. Explain the three (3) tests to determine reasonableness of classification.

STRICT SCRUTINY TEST INTERMEDIATE TEST RATIONAL BASIS TEST

14. Distinguish Content-Based Regulations from Content-Neutral Regulations.

CONTENT-BASED REGULATIONS CONTENT-NEUTRAL REGULATIONS

III. COMPOSITION AND POWERS OF THE GOVERNMENT ORGANS

16. Who may refuse to appear in the inquiry in aid of legislation?

INQUIRY IN AID OF LEGISLATION QUESTION HOUR

Attendance is compulsory. Attendance is discretionary.

Any person. Only Department Heads.

Entire body or its respective committees. Entire body.

18. What is the Doctrine of Origination?

Power to Power to suspend the Calling out power

1. There must be war or other national emergency.

22. Distinguish Ad Interim and Regular Appointment.

AD INTERIM REGULAR APPOINTMENT

IV. JUDICIAL REVIEW

25. Discuss the requisites of Judicial Review.

a. There is a grave violation of the Constitution;

VI. POWERS OF THE SUPREME COURT

VII. QUALIFICATIONS, DISQUALIFICATIONS, AND SELECTION OF THE PRESIDENT, SENATORS,

IMPEACHABLE OFFICERS GROUNDS FOR IMPEACHMENT

1. President; a. Culpable violation of the Constitution

QUO WARRANTO IMPEACHMENT

Judicial in nature. Political in nature.

VIII. IMMUNITY OF THE PRESIDENT, PRIVILEGES OF SENATORS,

IX. STRUCTURE OF GOVERNMENT

36. What are the tests of a valid delegation of power?

37. Discuss the veto power of the President.

XII. AMENDMENT AND REVISION OF THE CONSTITUTION

39. Distinguish Initiative from Referendum.

1. Propose amendments to the Approve or reject legislation.

40. What are the sources of international law?

41. Discuss the following concepts in Public International Law.

42. Distinguish a treaty from an executive agreement.

EXECUTIVE AGREEMENT TREATY

1. Why is the right to labor treated as the right to property?

II. EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP

2. What is the four-fold test?

The four-fold test is used to ascertain the existence of an employer-employee relationship to

3. What is the two-tiered test?

4. What are other instances where employer-employee relationship exists?

5. Who are regular employees?

III. TERMINATION OF EMPLOYMENT

7. What are the requisites for validity of termination by the employer?

8. What is the Totality of Infractions Doctrine?