UNIVERSITY OF BAGUIO

SCHOOL OF LAW

COURSE TITLE: LABOR LAW REVIEW AND INTEGRATION

TERM: 1st Semester, AY 2023-2024
SCHEDULE: Friday (6:30-7:30); Saturday (6:30-8:30)
UNITS: Three (3)
ROOM: F215
PREREQUISTE: Labor Law and Social Legislation (Labor1)
PROFESSOR: ATTY. ROMMEL P. AYSON (Gmail: [email protected])

MINIMUM SKILLS REQUIRED:

1. Reading comprehension (English)
2. Construction of simple and grammatically correct sentences, both. in oral and
written format
3. Ability to segregate factual and legal issues from a set of facts presented in the
problem
4. Ability to apply legal doctrines and principles to identified factual and legal issues

CLASSROOM RULES:
1. Decorum and ethical conduct
2. Regular and punctual attendance
3. Diligence more than intelligence
4. Timely compliance with course requirements
5. Obtain at least a final grade of 75%

TEACHING METHODOLOGIES:
1. Lecture Method – A traditional method where an oral presentation of information
and insights is done by the law faculty. The students are exposed to the reading,
research, and experiences of the lecturer. This provides the student with
substantive knowledge and understanding to develop their own perception and
application of the law.
2. Collaborative Method – Law students undertake group projects and discussions
where they actively participate in the learning process by interacting with each
other and listening to other’s point of view. Group members negotiate tasks, roles
and responsibilities. The students learn indirectly from the law faculty through
constructed group work, and directly from other students.

ASSESSMENTS OF LEARNING:
1. Types of assessment:
a. Cognitive assessment – assessment that will test the acquisition of
applicable knowledge of substantive law. This is done through class
recitation (20%).
b. Formative-summative assessments – graded assessment administered
prior to the end of the semester that provide feedback to students
regarding their progress and help them improve their performance. This is
done through written quizzes (25%) and midterm examination (50%)
c. Performance assessment – assessment that measure students’ ability to
perform a task. This is done through the submission of
projects/assignments (5%)
d. Summative (graded) assessment – assessment that assigns grades or
otherwise indicate the extent to which students have achieved the
intended course learning outcomes. Summative assessments usually take

1|Page
 place once, at the end of the semester, usually in the form of final exams.
(50%)

2. Type of quizzes and examination - Essay questions with a total of 100 points for
each quiz and examination.

3. Grading an answer (essay and recitation):

50% = Cited law is correct (constitution, statute, rules,

jurisprudence)
50% = Structure of answer passed the test of accuracy:
a. Is the answer categorical?
b. Was the cited law correctly applied to the given set of
facts and issues in the problem?
c. Is the answer’s conclusion correct?

COURSE DESCRIPTION:

A review course intended for bar examinees focusing on labor laws, social
legislation and related jurisprudence. More importantly, the course provides integration
of key principles, and discussion of important updates on jurisprudence and trends as
may be projected to be covered in the bar examinations. (Sec. 10, LEBMO 24 series of
2021)

COURSE OUTLINE

PART I. GENERAL PRINCIPLES (3 hours: August 18 - 19)

A. LEARNING COMPETENCIES:
1. Define Labor Law and discuss its specific place in the spectrum of laws of the
land.
2. Discuss the main justification for labor laws.
3. What are the goals of Labor laws? What are the policy directions towards the
achievement of these goals?
4. The state policies towards labor mentioned “labor” most of the time. Explain
whether this is an indication that the state always favors labor over capital.

B. BACKGROUND AND CONCEPTS

1. Labor Law; Labor Standards; Labor Relations
2. Special Labor Legislations
3. Sources of Labor Law

C. LEGAL BASES OF LABOR LAWS

1. Constitutional Bases – re: The 1987 Philippine Constitution
● Art. II. Principles and State Policies
Secs. 5, 9, 10, 11, 13, 14, 18, 20
● Art. III. Bill of Rights
Secs. 1, 4, 8, 10, 16, 18(2)
● Art. XIII. Promotion of social justice and human rights
Secs. 1, 2, 3, 13, 14

2. STATUTORY BASES OF LABOR LAWS

Labor Code of the Philippines
 Construction in favor of labor
 Management prerogatives

2|Page
 New Civil Code of the Philippines
 Arts 1305-1306, 1344
 Arts. 1700-1712

Education Act of 1982

 Secs. 10-11
 Manual of Regulations for Basic Education
 Manual of Regulations for Private Higher Education

3. AGRICULTURAL TENANCY ACT OF THE PHILIPPINES (RA NO. 1199);

AGRICULTURAL REFORM CODE (RA NO. 3844); COMPREHENSIVE
AGRARIAN REFORM LAW (RA NO. 6657)
 Sections 3, 6, 7, 8, 9, 49, 50, 51 - RA 1199
 Sections 4, 6, 7, 8, 9, 10, 11, 12, 13, 28, 35 – RA 3844

Cases:

 Pakistan International Airlines vs. Ople, GR No. 61594, September 28, 1990
 Philippine Assoc. of Service Exporters, Inc. vs. Drilon, (163 SCRA 386), En
Banc
 PAL vs NLRC, GR No. 85985, August 13, 1993
 International School Alliance of Educators vs. Quisumbing, et.al, GR No.
128845, June 1, 2000
 German Marine Agencies Inc vs. Caro, GR No. 200774, February 13, 2019
 Oceanmarine Resources vs. Nedic, GR No. 236263, July 19, 2022 En Banc
 St. Joseph Academy of Valenzuela Faculty Association vs. St. Joseph
Academy of Valenzuela, GR No. 182957, June 13, 2013
● Asian Marine vs Caseres, et.al., GR No. 212082, November 24, 2021
(Management prerogative - transfer)
● Quizon vs ECC, et.al., GR No. 87590, November 12, 1991 (liberal
construction; occupational disease)
● Nasipit Lumber vs NWPC, et.al., GR No. 113097, April 27, 1998 (liberal
construction; authority of RTWP vis NWPC)
● Spouses Francisco vs Spouses Galera, GR No. 205266, January 15, 2020
(agricultural leasehold relations)

PART II. PRE-EMPLOYMENT CONDITIONS (9 hrs: August 25 – September 15)

A. LEARNING COMPETENCIES:
1. What are the different government agencies functioning for the promotion and
protection of the welfare of all Filipino workers, both domestic and overseas?
2. How do the roles and responsibilities of these government agencies
complement each other in order to achieve full protection to labor?
3. Discuss the concept of recruitment and promotion, as well as the different
illegal acts in connection thereto.
4. Explain the remedies of an aggrieved person against an illegal recruiter.
5. What is the extent of a private manning/recruitment agency’s liability over the
acts of a foreign employer?
6. Are non-resident aliens absolutely prohibited to work in the Philippines? What
are the legal conditions for an alien employment permit?

1. RECRUITMENT AND PLACEMENT

2. Definition of terms – Art. 13
● Recruitment and placement
● Private fee-charging employment agency

3|Page
 ● Private recruitment agency
● License
● Authority

3. Employment promotions
● RA No. 8759 (PESO Law), as amended by RA No. 10691
● RA No. 6685; DPWH Dept Order 160 (2016)
● Placement offices in educational institutions (Sec. 33, DO No. 141-14)

4. Requirements for private employment and recruitment agencies - Arts. 25; 27

– 31; See also Secs. 6-11 of DO No. 141-14 (ORILC); Part II, Rules I to III,
POEA Rules (2016) (1 hour)
 Citizenship requirement
 Capitalization requirement
 Travel agencies and ticketing sales agencies
 Registration fees
 Bonds
● DO No. 217 (2020) - applicable to recruitment agencies of kasambahays
for local employment
● DO No. 216 (2020)

5. Mandatory remittance of foreign exchange earnings - Art. 22

● EO No. 857

6. Governing bodies
● DOLE – Arts. 36-37
● POEA – EO 797, as amended by EO 247, and further amended by RA
No. 8042
● OWWA – RA No. 10801
● Commission on Filipinos Overseas – BP Blg. 79

B. PROHIBITED ACTIVITIES
1. Non-transferability of license or authority – Art. 29
 Special recruitment authority – Part II, Rule VII, Secs. 58-66, POEA Rules

2. Direct Hiring – Art. 18

 POCB-registered construction company – Rule IV, Sec. 43 POEA Rules

3. Collection of fees before actual employment – Art. 32

 Allowable fees by Employers – Sec. 35, DO No. 141-14
 Allowable fees by OFWs – Rule V, Secs. 50-55, POEA Rules

4. Illegal recruitment
● Types of IR – Arts. 13 (b), 18, 26, 29, 32, 34, 38, 39; Sec. 6 RA No. 8042,
as amended by RA No. 10022
- IR per se
- IR practices
- Prohibited practices amounting to IR
● IR vs. Estafa - Art. 315, par. 2(a), Revised Penal Code
● Jurisdiction over IR cases

5. Ambulance chasing - RA No. 10706 and its IRR DO No. 153 (2016)

C. LIABILITY OF LOCAL RECRUITMENT AGENCY AND FOREIGN EMPLOYER

1. Solidary liability
2. Theory of imputed knowledge

4|Page
 D. Cancellation of license or authority
1. Grounds for cancellation of license or authority – Art. 35
2. Administrative offenses – Secs 51-63, DO No. 141-14 (local employment);
Part VI, POEA Rules (overseas employment)

E. Employment of non-resident aliens

1. Requirement of permit – Art. 40; DO No. 221 (2021)
2. Restrictions on non-resident alien employees – Art. 41
3. Responsibility of employers of non-resident alien employees – Art. 42

Cases:
● Sameer Overseas Placement vs Cabiles, GR No. 170139, August 5, 2014
(lex loci celebrationis; POEA SEC; security of tenure of OFWs)
● HOEGH Services vs Turallo, (consolidated cases) GR Nos. 230481, 230500,
July 26, 2017 (POEA-SEC; Attorney’s fees)
● Toston vs People, GR No. 232049, March 3, 2021 (Modes of committing
Illegal Recruitment; elements)
● People vs Tolentino, GR No. 208686, July 1, 2015
● People vs Concepcion, GR No. 251876, March 21, 2022
● People vs Irene Marzan and Fely Dulay, GR No. 227093, September 21,
2021
● People vs. Anna Espiritu and Ellen Mabborang, GR No. 226140, February 26,
2020
● People vs Molina, GR No. 229712, February 28, 2018
● Darvin vs CA, GR No. 125044, July 13, 1998
● People vs Miyake, GR No. 115338-39, September 16, 1997
● PPI vs Schonfeld, GR No. 166920, February 19, 2007 (AEP and estoppel)
● WPD Marketing vs Galera, GR No. 169207, March 25, 2010 (illegal dismissal
of foreigner without AEP)

Legal Forms:
● Affidavit-Complaint for illegal recruitment; Counter-Affidavit; Information
● Affidavit-Complaint for illegal recruitment in large scale; Counter-Affidavit;
Information/Complaint
● Affidavit-Complaint for illegal recruitment by a syndicate; Counter-Affidavit;
Information/Complaint
● Position paper of employee against a private recruitment agency; Position
paper of private recruitment agency

Additional assignment:
● Organizational chart of DOLE
● Interoperability diagram of concerned government agencies

PART III. LABOR STANDARDS LAW (11 hours: September 16 – October 7)

A. LEARNING COMPETENCIES:
1. Explain the four-fold test in determining the existence of an employer-
employee relationship.
2. When is there legal subcontracting? illegal subcontracting?
3. Are all employees entitled to the benefits provided under Arts. 83 to 129 of
the Labor Code of the Philippines?
4. What are the minimum conditions of employment imposed under the Labor
Code?
5. Discuss the 2 principles applied in determining payment of wages.
6. When does wage distortion occur? How should it be resolved?

5|Page
 7. Explain the rule against diminution of benefits.
8. Discuss the different alternative work arrangements allowed by law.
9. Is 13th month pay the same as a Christmas bonus?
10. What are the minimum working conditions for certain special groups of
employees?
11. What is the difference between “sexual harassment” under RA 7877 and
“gender based sexual harassment” under RA 11313?

B. EMPLOYER-EMPLOYEE RELATIONSHIP
1. Four-fold test of employer-employee relationship
2. Consultancy vs. employment contract

C. CONTRACTING AND SUBCONTRACTING

1. Valid contracting and subcontracting - Arts. 106-109; DO No. 174 (2017); DO
No. 150 (2016)
2. Labor-only contracting

D. MINIMUM CONDITIONS OF EMPLOYMENT

1. Coverage - Art. 82
● Covered employees
● Exempted employers
2. Hours of work - Arts. 83-90; RA No. 11165, IRR DO 237 (2022)
● Normal hours of work and hours worked
● Compressed workweek, flexible working arrangement, alternative work
arrangements, telecommuting program
● Overtime work
● Meal period and short rest period
● Night shift differential pay
3. Rest period - Arts. 91 - 93
4. Holidays - Arts. 94; Sec. 26, Chapter 7, Book I of EO No. 292, as amended by
Sec. 26, RA No. 9849
5. Service charges - Art. 96
6. Leaves
7. Wages - Arts. 97 - 129
● Principles in wage payment: fair wage for a fair day of work; equal pay for
equal work
● Conditions for payment of wages
● Wage distortion; Ways to correct wage distortion
● Non-diminution of benefits
● Prohibited and allowable deductions
● Role of the NTWRPB and RTWPBs
8. Health and Safety - Arts. 162 - 171; RA No. 11058 and its IRR DO No. 198
(2018); 1989 Occupational Safety and Health Standards and DO No. 154
(2016)
● Emergency medical and dental services
● Occupational health and safety
9. Employees compensation and state insurance fund - Arts. 172 - 215
● Coverage
● Effective date of coverage
● Extent and limitation of liability
● Income benefits: medical benefit, disability benefit, death benefit
● Duty of the employer
● Jurisdiction of the Employee Compensation Commission (ECC)
10. Social security - RA No. 1161, as amended
● Coverage
● Limitation of liability
●

6|Page
 11. 13th Month Pay - PD 851, as amended; Labor Advisory 23 (2022)
● Coverage
● Tax implication
● Computation
12. Medicare - RA No. 7875
● Coverage
● Benefits

E. SPECIAL GROUPS OF WORKERS

1. Apprentice - Arts. 58 - 72
● Apprenticiable occupation
● Qualifications of apprentice
● Rights and benefits of an apprentice
2. Learners - Arts. 73 - 77
● Qualifications of learners
● Rights and benefits of learners
3. Persons with disability - Arts. 78-79; RA No. 7277, as amended by RA No.
9442
● Rights and benefits of working PWDs
● Rights and benefits of PWDs working as apprentice or learner
4. Women - RA No. 10151, RA No. 7877, RA No. 11313, RA No. 11210 and its
IRR (Joint issuance by DOLE, SSS, and CSC) (NOTE: DO 236 [2022]
increasing maternity and death benefits for workers in the sugar industry),
Arts 130 - 136; DO 56-03 (2003)
5. Minors - RA No. 7610, as amended by RA Nos. 7658 and 9231; RA No.
10917, amending RA No. 9547 and 7323; Arts. 137 - 138; DO 149 (2016), as
amended by DO 149A (2017)
6. Kasambahay - RA No. 10361; DO No. 230 (2021); DO No. 217 (2020)
7. Homeworkers - Arts. 151-153
8. Night workers - RA No. 10151 and its IRR DO No. 119 (2012), DO No. 156
(2016)
9. Security guards - DO No. 150-16
10. Solo Parents - RA No. 8972
11. Workers in bioethanol - DO No. 222 (2021) and DO 234 (2022) based on RA
No. 9367

F. ENFORCEMENT POWER
1. Visitorial and enforcement power of DOLE - Art. 128; DO No. 183-17 (2017)
2. Recovery of money claims and other benefits - Art. 129

Cases:
● Dusol vs Lazo, GR No. 200555, January 20, 2021
● Valencia vs. Classique Vinyl Products Corp, GR No. 206390, January 30,
2017
● Calamba Medical Center vs NLRC, GR No. 176484, November 25, 2008
● Degamo vs MY CitiHomes, GR No. 249737, September 15, 2021
● Filamer vs CA, GR No. 75112, October 16, 1990
● Reyes vs Glaucoma, GR No 189255, June 17, 2015 (consultant)
● SGV vs De Raedt. GR No. 161366, June 16, 2009
● Nogales vs Capitol Medical Center, GR No. 142625, December 19, 2006
(doctrine of apparent authority)
● New Golden City Builders and Development vs CA, GR No. 154715,
December 11, 2003 (Labor-only contractor)
● Servflex vs Urera, GR No. 246369, March 29, 2022
● Ortiz vs Forever Richsons Trading, GR No. 238289, January 20. 2021
● Daguinod vs Southgate Foods, GR No. 227795, February 20, 2019
● Clientlogic vs Castro, GR No. 186070, April 11, 2011

7|Page
 ● Salazar vs NLRC, GR No. 109210, April 17, 1996
● Marby Food vs dela Cruz, et. al., GR No. 244629, July 28, 2020
● Loadstar vs Erispe, GR No. 221227, February 19, 2020
● Zonio vs 1st Quantum Leap Security Agency, GR No. 224944, May 5, 2021
● Caltex Regular Employees vs Caltex, GR No. 111359, August 15, 1995
● Letran Calamba Faculty vs NLRC, GR NO. 156225, January 29, 2008
(teachers’ overload pay vs overtime pay)
● Nippon Paint vs NIPPEA, GR No. 229396, June 30, 2021
● PAL vs NLRC, GR No. 132805, February 2, 1999 (non-diminution)
● Kondo vs Toyota Boshoku Ph, GR No. 201396, September 11, 2019
● PruBankers vs Prudential Bank, GR No. 131247, January 25, 1999 (wage
distortion)
● Bankard Employees Union vs NLRC, GR No. 140689, February 17, 2004
● MICTS vs MICTSIU-FLDO, GR No. 245918, November 29, 2022 (equal pay
for equal work; wage distortion)
● Philex Gold vs Philex Bulawan Supervisors Union, GR No. 149758, August
25, 2005
● Escario, et. al. vs NLRC, GR No. 160302, September 27, 2010 (fair wage for
a fair day of work)
● Domingo vs Rayala GR No. 155831, February 18, 2008 (sexual harassment)
● LBC Express vs Palco, GR No. 217101, February 12, 2020
● PAL vs Yañez, GR No. 214662, March 2, 2022
● People’s Broadcasting Service vs Secretary of Labor, GR No. 179652, March
6, 2012 (visitorial power of DOLE)

Legal forms:
 Contract of Employment (regular, probationary, casual, project-based, fixed-
term)
 Claim for employee benefits with the ECC

Additional resources:
● Download DOLE Handbook on Workers’ Monetary Statutory Benefits at
https://bwc.dole.gov.ph/downloads/2022handbook
● Latest Wage Order in CAR (other areas and provinces - OPTIONAL)

MIDTERM EXAMINATION

PART IV. LABOR RELATIONS LAW (10 hours: October 20 – November 17)

A. LEARNING COMPETENCIES:
1. Are all employees entitled to form, organize, join any labor organization?
2. What are the benefits of legitimizing a labor organization through registration?
3. Is strike or lockout prohibited by law? Discuss the legal conditions of legitimate
strike and lockout.
4. Are all acts not favorable to the union considered unfair labor practice? Is it
correct to say that only employers could legally commit unfair labor practices?
5. What are the different employment arrangements allowed by law?
6. Discuss security of tenure as applied across the different employment
arrangements.
7. What legal considerations are there for employers who intend to exercise their
management prerogative to discipline erring employees.
8. What are the sanctions against employers who commit illegal dismissal?
9. May an employer compel an employee to retire? If not, when is retirement
valid and effective?

8|Page
B. RIGHT TO SELF-ORGANIZATION
1. Coverage – Arts 253 – 257
 Rank-and-file employees – Art. 292 (c),
 Managerial employees; supervisory employees
 Employees in the public service
 Rights and conditions of membership in labor organization – Art. 250
 Union Security Clause
2. Legitimate Labor Organization
 Types of labor organization:
Independent labor organization
Federation or national unions
Industry or trade union
Local Chapter
 Registration of labor organization – Arts. 240 – 249; 289
 Rights and duties of legitimate labor organization – Arts. 251 – 252; RA
No. 9841
Determining the exclusive bargaining representative – Art. 267 – 272
Collection of reasonable fees – Art. 292 (a)
Duty to bargain collectively – Arts. 261-266
Strikes and lockout – Arts. 278, 280, 281; Art. 219 (o)(p)(s)
Registration of collective bargaining agreements – Art. 237
3. Prohibited Acts
 Unfair labor practices of employers – Art. 259
 Unfair labor practices of labor organizations – Art. 260
 Prosecution for unfair labor practices – Art. 258
 Prohibited activities during strikes and lockouts; penalties – Art. 279; 287;
Art. 219 (r)
 Prohibition against aliens and foreign organization – Arts. 284-285

C. POST-EMPLOYMENT
1. Security of tenure of different types of employment – Arts. 294-296
 Regular employee
 Casual employee
 Probationary employee
 Seasonal employee
 Project-based employee
 Fixed-term employee

2. Termination of employment
 Substantive requirement:
Valid causes of termination by the employer - Arts. 297 - Art. 298; 299
Termination by the employee – Art. 300
 Procedural requirement:
Twin-notice requirement to the employee – Arts. 292(b); 297-298
One-month notice by the employer; exceptions

3. When employment not deemed terminated – Art. 301

4. Retirement
 Types of retirement – Art. 302; DO No. 215 (2020)
 Retirement benefit

9|Page
Cases:

 SLORD Development vs Noya, GR No. 232687, February 4, 2019 (union security

clause)
 Herminigildo Inguillo and Zenaida Bergante vs First Philippine Scales Inc, GR
No. 165407, June 5 2009 (union security clause)
 BPI vs BPI Employees Union-Davao Chapter, GR No. 164301, August 10, 2010
 The Heritage Hotel vs NUWHRAIN-HHMSC, GR No. 178296, January 12, 2011
(cancellation of union registration based on mixed membership)
 The Heritage Hotel vs Secretary of Labor, GR No. 172132, July 23, 2014
(certification election)
 Holy Child Catholic School vs Sto. Tomas GR No. 179146, July 23, 2013
(appropriate bargaining unit)
 Bigg’s Inc vs Boncacas, et.al, GR Nos. 200487 and 200636, March 6, 2019 (valid
strike)
 Manila Hotel Employees Assoc vs Manila Hotel Corp, GR No. 154591, March 5,
2007 (illegal strike)
 Asian Institute of Management Faculty Association vs AIM Inc, GR No. 219025,
September 9, 2020 (unfair labor practice)
 SPI Technologies vs Mapua, GR No. 191154, April 7, 2014 (authorized cause)
 FoodBev vs Ferrer, et.al., GR No. 206795, September 16, 2019 (unfair labor
practice)
 Romero et.al. vs Sombrino, GR No. 241353, January 22, 2020 (security of
tenure)
 Carpio vs MODAIR Manila, GR No. No. 239622, June 21, 2021 (regular
employment)
 Del Rosario, et.al. vs. ABS-CBN (consolidated cases), GR Nos. 202481; 202495
& 202497; 210165; 219125; 222057; 224879; 225101; 225874, September 8,
2020 (regular employment)
 Brent School vs. Zamora, GR No. L-48494, February 5, 1990
 Claret School of Quezon City vs Sinday, GR No. 226358, October 9, 2019 (fixed-
term employment)
 Arcilla vs San Sebastian College, GR No. 235863, October 10, 2022 (overlap of
fixed-term and probationary status)
 Nedira vs NJ World Corp, GR No. 240005, December 6, 2022 (illegal dismissal)
 Maria Vilma Doctor and Jaime Lao vs NII Enterprises, GR No. 194001,
November 2017 (illegal dismissal)
 Leus vs St Scholastica’s College, GR No. 187226, January 28, 2015 (illegal
dismissal; immorality; pregnancy outside of marriage)
 International School Manila vs Santos, GR No. 167286, February 5, 2014 (fraud)
 Agabon vs NLRC, et.al., GR No. 158693, November 17, 2004 (abandonment)
 Peak Ventures Corp and/or El Tigre Security and Investigation Agency vs Heirs
of Nestor B Villareal, GR No. November 19, 2014 (constructive dismissal;
separation pay; reinstatement)
 Bani Rural Bank, et.al. vs de Guzman, et.al., GR No. 170904, November 13,
2013 (illegal dismissal; backwages; reinstatement)
 DM Consunji Inc vs Hon. Severo Pucan, et.al., GR No. 71413, March 21, 1988
(computation of backwages)
 Lim vs HMR Philippines, GR No. 201483, August 4, 2014 (computation of
backwages)
 Dumapis, et.al., vs LCMC, GR No. 204060, September 15, 2020 (computation of
backwages)
 UCCI vs Valmores, GR No. 201018, July 12, 2017 (dismissal due to union
security clause; sole liability of employer)

10 | P a g e
  Robina vs Villa, GR No. 175869, April 18, 2016 (retirement)
 Santo vs University of Cebu, GR No. 232522, August 28, 2019 (retirement pay)
 Paz vs NTRCI, GR No. 199554, February 18, 2015 (retirement pay)
 Pulong vs SMI, et.al., GR No. 247819, October 14, 2019 (illegal retirement)
 Laya vs Phil Veterans Bank, GR No. 205813, January 10, 2018 (illegal
retirement)

Legal Forms:
 Notice to employee (1st notice)
 Notice to employee (2nd notice)
 Notice to employer
 Sample company administrative due process

PART V. SETTLEMENT OF LABOR DIPUTES AND ENFORCEMENT OF CLAIMS (8

hours: November 18 – December 2)

A. LEARNING COMPETENCIES:
1. What are the remedies of employees and employers against each other on
account of disputes arising from employer-employee relationship?
2. Should all doubts be resolved in favor of labor and against capital? Explain.
3. Is it always the employer’s burden to prove every labor dispute? Explain.
4. Distinguish the respective jurisdiction of the different labor-related
government agencies created by law.
5. When do acts in violation of labor laws prescribe? Money claims?
6. Is insolvency or bankruptcy a legal ground to escape money judgment arising
from a labor dispute against the employer?

B. Definition of terms:
1. Labor disputes – Art. 219 (l)
2. Intra-, inter-union disputes
3. Grievance machinery – Art. 273

C. Burden of proof vs burden of evidence vs quantum of evidence

1. Burden of proof in labor disputes
2. Quantum of evidence in labor disputes

D. Jurisdiction over labor cases:

1. Authority of the Secretary of Labor
2. Jurisdiction of the NLRC – Arts. 220 – 223; 225; 228; 229; 230
3. Jurisdiction of Labor Arbiters – Arts. 224; 228; 230
4. Jurisdiction of Voluntary Arbiters – Arts. 273-277
5. Judicial appellate jurisdiction over labor disputes

E. Execution of decisions, orders, or awards

1. Mandatory period to decide labor disputes – Art. 292 (i)
2. Writ of execution – Art. 230; 2018 DOLE Sheriff’s manual on Execution of
Judgments and 2012 NLRC Sheriff’s Manual on Execution of Judgment
3. Order of preference of judgment money claims arising from labor disputes.

F. Prescription of offenses and claims

1. Prescription of offense – Art. 305
2. Prescription of money claims - 306

Reports:
1. Rules of Procedure of the NLRC

11 | P a g e
 2. Procedure in execution of judgment, decision, order, award

Cases:
● People’s Broadcasting (Bombo Radyo Phils) vs SOLE, et.al., GR No. 179652,
May 8, 2009 (prerogative of SOLE vis-à-vis jurisdiction of NLRC; Art. 128b)
● USAEU-FFW, et.al. vs CA, GR No. 169632, March 28, 2006 (primacy of
grievance machinery in the CBA)
● Octavio vs PLDT GR No. 175492, February 27, 2013 (grievance machinery
● Guagua National Colleges vs CA, GR No. 188492, August 28, 2018
● PAL vs Dawal; Dawal vs. NLRC, GR No. 173921;173952, February 24, 2016
● Colby Construction vs. NRLC, GR No. 170099, November 28, 2007
● Arriola vs Pilipino Star Ngayon, GR No. 175689, August 13, 2014
(prescription of money claims)
● Fuji Television Network vs Espiritu, GR No. 2014944-45, December 3, 2014
(appeal from the decision of the NRLC; burden of proof in illegal dismissal
cases)

Legal Form:
 Position Paper for the Employer/Employee
 Labor Arbiter’s Draft Decision
 Single Entry Approach Form (SENA)

Additional resources:
DOLE and NLRC Sheriff’s Manual on Execution of Judgments

FINAL EXAMINATION

TOTAL NUMBER OF HOURS BEFORE ME: 23

TOTAL NUMBER OF HOURS BEFORE FE: 18
TOTAL NUMBER OF HOURS AFTER FE: 41

NOTE:

The number of hours allotted in this Course Outline already includes time spent
for non-class days, such as quizzes and announced class suspensions. Thus, the
actual number of hours spent in the classroom may be shorter than the indicated
timeline. Subject to the availability of classroom and students, the Professor may or may
not schedule extension or remedial classes on Monday or Saturday.

LEARNING MATERIALS:

1. Textbook : The Labor Code with Comments and Cases (Volumes 1 and 2),
Cesario A. Azucena Jr. (2021)
Any textbook on the Labor Code of the Philippines (updated/latest)
Supreme Court Reports Annotated (SCRA)
Philippine Reports (Phil)
2. Online: https://bwc.dole.gov.ph/downloads/2022handbook
https://www.dole.gov.ph/php_assets/uploads/2019/04/OSH-
Standards-2017-2.pdf
https://www.dole.gov.ph/implementing-rules-and-regulations/
https://www.dole.gov.ph/department-orders/
https://www.dole.gov.ph/labor-advisory/
https://elibrary.judiciary.gov.ph/

12 | P a g e