PROJECT JURISPRUDENCE

He wrote on Facebook, "TO ALL BAR REVIEWEES, LAW PROFESSORS, REVIEW LECTURERS, BAR OPS MEMBERS, AND BAR EXAM COACHES: Please take note that probate proceedings, escheat, guardianship, trustees, Rule 103, Rule 108, R.A. 9048, and Absentees have been reinstated in the bar exam coverage for Special Proceedings after they had been deleted in the 2017 Bar. Also in Evidence, the Rules on Electronic Evidence were similarly re-included in the coverage. In Mercantile Law, added were the Philippine Competition Act and the E-Commerce Act. In Taxation, the TRAIN Law is not included."

SEXUAL HARASSMENT IN A WORK-RELATED OR EMPLOYMENT-RELATED ENVIRONMENT.  In a work-related or employment environment, sexual harassment is committed when: [1] The sexual favor is made a condition in the hiring or in the employment, re-employment or continued employment of said individual or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; [2] The above acts would impair the employee’s rights or privileges under existing labor laws; or [3] The above acts would result in an intimidating, hostile, or offensive environment for the employee. In other words, our law against sexual harassment not only protects the dignity and person of the victim but also upholds his or her right to humane conditions of work...

ARE EMPLOYEES OF LEGITIMATE CONTRACTORS ENTITLED TO FORM OR JOIN LABOR UNIONS? A contractual employee of a legitimate independent contractor is entitled to all the rights and privileges due a regular employee as provided in the Labor Code including the right to self-organization, collective bargaining and peaceful concerted action.25 But this right cannot be exercised and invoked against the principal but only against the independent contractor which employed them. Department Order No. 18-02, Series of 2002 (February 21, 2002)

WHAT DO SPECIAL LAWS PROVIDE REGARDING SEPARATION PAY? Special laws can and do provide specific instances in which payment of separation pay is required. Otherwise put, under laws outside PD 442 or beyond collective bargaining agreements (CBAs) and contracts of employment, certain specified elements or events or actions can give rise to an obligation of paying separation pay on the part of an employer. For instance, it is provided under RA 7610 [June 17, 1992], otherwise known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” as amended, that in case the violation of its provisions has resulted in the death, insanity or serious physical injury to a child employed in such establishment or that the firm or establishment has employed a child for prostitution or obscene or lewd shows or if there is imminent danger to the life and limb of the working child in accordance with the occupational safety and health standards, the establishment shall ...

Homeworkers have the right to form, join or assist organizations of their own choosing in accordance with law. The registration of homeworkers’ organizations or associations following the requirements prescribed by law will vest legal personality thereto. (Department Order No. 5; February 4, 1992)

G.R. No. 79025; December 29, 1989;  BENGUET ELECTRIC COOPERATIVE, INC., petitioner, vs. HON. PURA FERRER-CALLEJA, Director of the Bureau of Labor Relations, and BENECO EMPLOYEES LABOR UNION, respondents. On June 21, 1985 Beneco Worker's Labor Union-Association of Democratic Labor Organizations (hereinafter referred to as BWLU- ADLO) filed a petition for direct certification as the sole and exclusive bargaining representative of all the rank and file employees of Benguet Electric Cooperative, Inc. (hereinafter referred to as BENECO) at Alapang, La Trinidad, Benguet alleging, inter alia, that BENECO has in its employ two hundred and fourteen (214) rank and file employees; that one hundred and ninety-eight (198) or 92.5% of these employees have supported the filing of the petition; that no certification election has been conducted for the last 12 months; that there is no existing collective bargaining representative of the rank and file employees sought to represented by BWLU- ADLO...

Other than the non-compete clause, there are seven other post-employment prohibitions that can be agreed upon by the employee and the employer in the employment contract. [1] Forfeiture-for-Competition Clause[2] Compensation-for-Competition Clause[3] Garden-Leave Clause[4] Confidentiality and Non-Disclosure Clause[5] Non-Solicitation Clause[6] Non-Recruitment and Anti-Piracy Clause[7] Inventions Assignment Clause (Intellectual Property Clause) [1] Forfeiture-for-Competition Clause The “Forfeiture-for-Competition Clause” is a stipulation in an employment contract wherein an employee forfeits certain benefits like stock option or incentive bonus or deferred compensation to which an employee would have been entitled because of his act of engaging in competitive employment or activities after termination of his employment. [2] Compensation-for-Competition Clause “Compensation-for-Competition Clause” is a provision in an employment contract which r...

Members of a cooperative have no right to form or join labor organizations for purposes of collective bargaining for being themselves co-owners of the cooperative. This prohibition covers employees of the cooperative who are at the same time members thereof. However, insofar as the cooperative’s employees who are not members or co-owners thereof are concerned, they are entitled to exercise their right to self-organization and collective bargaining as guaranteed in the Constitution and existing laws. It is the fact of ownership of the cooperative and not involvement in the management thereof which disqualifies a member from joining any labor organization within the cooperative. Thus, irrespective of the degree of their participation in the actual management of the cooperative, all members thereof cannot form, assist or join a labor organization for the purpose of collective bargaining. But employee-members of a cooperative may withdraw as members of the cooperative for purposes of j...

Ms. Banzuela wrote, "Suggestion lng namn po mga mam sir n nkaupo s dole sana po iniikutan nyo mga kumpanya ramdomly check them po kasi Kahit n pinopost nyo po yang mga batas n ganyan hndi nman sumusunod mga coop agency at kumpanya useless... Qng intayin nyo nman po n magsumbong empleyado sa ahensya ninyo eh hndi po lahat ng empleyado eh may pinagkukunan ng income n extra o tutulong s knila habang ipinoproseso ang pagrereport ng ilegal n gngawa ng kumpnya s empleyado.nila... Yung iba po magtitiis n lng dahil pg gnwa nila un eh magugutom pamilya nila... Hndi nman po sa walang dignidad pero mas priorities po ang may pantustos s arw arw lalo nat pamilyado ang isang empleyado..." Labor Code's Article 128. Visitorial and enforcement power. The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employer’s records and premises at any time of the day or night whenever work is being undertaken t...

Content published on the PJP website, without having been peer reviewed and without any favorable recommendation for citation. Such may contain a PJP undocketed citation but is tagged as "PJP UNDOCKETED." Thus, the elements of this reliability rating are: [published] + [undocketed citation]. Department of Labor and Employment - DOLE posted on Facebook, "Company uniforms shall not be paid by employees. Labor Advisory No. 11 Series of 2014 states that deductions made from the employees’ wages for company uniforms, cash deposits for loss or damage, personal protective equipment (PPE), capital share or capital build-up in service cooperatives, training fees, and other deductions not included in this advisory are unauthorized." Regular employees aired their grievances over the National Wages and Productivity Commission’s announcement: “Company uniforms shall not be paid by employees.” Read more: Gov’t announcement on unifor...

G.R. No. 94045; September 13, 1991:  CENTRAL NEGROS ELECTRIC COOPERATIVE, INC. (CENECO), Petitioner, v. HONORABLE SECRETARY, DEPARTMENT OF LABOR AND EMPLOYMENT, and CENECO UNION OF RATIONAL EMPLOYEES (CURE), Respondents. In this special civil action for certiorari, petitioner Central Negros Electric Cooperative, Inc. (CENECO) seeks to annul the order 1 issued by then Acting Secretary of Labor Bienvenido E. Laguesma on June 6, 1990, declaring the projected certification election unnecessary and directing petitioner CENECO to continue recognizing private respondent CENECO Union of Rational Employees (CURE) as the sole and exclusive bargaining representative of all the rank-and-file employees of petitioner’s electric cooperative for purposes of collective bargaining. It appears from the records that on August 15, 1987, CENECO entered into a collective bargaining agreement with CURE, a labor union representing its rank-and-file employees, providing for a term of three years retroa...

G.R. No. 76273; July 31, 1987:  FEU-Dr. Nicanor Reyes Medical Foundation, Inc. v. Trajano:   This is a petition for certiorari seeking to annul and set aside the decision of the respondent Director which affirmed the Order of the Med-Arbiter in the petition for certification election (NCR-LRD-N-2-050-86) filed by private respondent, thus ordering the holding of a certification elect­ion among the rank and file employees of the herein petitioner. The facts of the case are as follows: The petitioner, Far Eastern University-Dr. Nicanor Reyes Memorial Foundation, Inc., has a work force of about 350 rank and file employees, majority of whom are members of private respondent Alliance of Filipino Workers. On February 13, 1986, private respondent filed a Peti­tion for Consent and/or Certification Election with The Ministry of Labor and Employment. The petitioner opposed the petition on the ground that a similar petition involving the same issues and the same parties is pe...

"Parental responsibility" with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the Philippines." They are enumerated below: [1] To keep them in their company, to support, educate and instruct them by right precept and good example and to provide for their upbringing in keeping with their means; [2] To give them love and affection, advice and counsel, companionship and understanding; [3] To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; [4] To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acqui...

Who are covered by this leave?  R.A. No. 9262 grants to victims a total of ten (10) days of paid leave of absence, in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. It is extendible when the necessity arises as specified in the protection order. This is afforded to the woman employee to enable her to attend to the medical and legal concerns relative to said law. This leave is not convertible to cash. Any employer who shall prejudice the right of the person under this law shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination. HOW CAN A WOMAN BE ENTITLED TO THIS LEAVE? At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of Violence Against...

"Recklessly biking in Mexico." Bikers may not lift feet from pedals, as it might result in a loss of control. This practical law was created in 1892 as a way to protect riders. However, no hands is still fair game. (Cassidy Hopkins; http://www.thisisinsider.com/14-strange-laws-from-around-the-world-2016-7) UNDER PHILIPPINE LAW:  Reckless imprudence, as defined in Article 365 of the RPC, consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. In order to establish a motorist’s liability for the negligent operation of a vehicle , it must be shown that there was a direct causal connection between such negligence and the injuries or damages complained of. T...

DISCHARGING A WOMAN EMPLOYEE FOR HAVING FILED A CASE OR FOR TESTIFYING OR BEING ABOUT TO TESTIFY IN A CASE An additional prohibited act is the act of discharging any woman or any other employee for having filed a complaint or having testified or being about to testify under the Labor Code. Of relevance to this prohibited act are the parallel provisions in Articles 118 and 248 [f] of the Labor Code. Under Article 118, it is considered unlawful for an employer to discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under Title II (Wages) of Book III or has testified or is about to testify in such proceedings. Under Article 248 [f], it is considered an unfair labor practice (ULP) to dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under the Labor Code. This is the only ULP act of the employer which need not be related to the exercise by the...

“Parental leave” is the leave benefit granted to a male or female solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required. The parental leave shall not be more than seven (7) working days every year to a solo parent who has rendered service of at least one (1) year, to enable him/her to perform parental duties and responsibilities where his/her physical presence is required. This leave shall be non-cumulative. It bears noting that this leave privilege is an additional leave benefit which is separate and distinct from any other leave benefits provided under existing laws or agreements. The term "solo parent" refers to any individual who falls under any of the following categories: [1] A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; [2] Parent left solo or alone with the respon...

Generally, private school teachers Private school teachers, including faculty members of colleges and universities, may not be paid for the regular holidays during semester vacations. They shall, however, be paid for the regular holidays during Christmas vacation. Hourly-paid teachers A school is exempted from paying hourly-paid faculty members their pay for regular holidays, whether the same be during the regular semesters of the school year or during semester, Christmas, or Holy Week vacations. However, it is liable to pay the faculty members their regular hourly rate on days declared as special holidays or if, for some reason, classes are called off or shortened for the hours they are supposed to have taught, whether extensions of class days be ordered or not; and in case of extensions, said faculty members shall likewise be paid their hourly rates should they teach during said extensions.

TAXABILITY OF RETIREMENT BENEFITS: MA. ISABEL T. SANTOS, represented by ANTONIO P. SANTOS, Petitioner, - versus - SERVIER PHILIPPINES, INC. and NATIONAL LABOR RELATIONS COMMISSION, Respondents. In holding that the petitioner in Santos v. Servier Philippines, Inc. is not entitled to any tax exemption from her retirement benefits, the Supreme Court cited the fact that at the time of her retirement, petitioner was only 41 years of age and had been in the service for more or less eight (8) years. As such, the above provision is not applicable for failure to comply with the age and length of service requirements. Therefore, respondent employer cannot be faulted for deducting from petitioner’s total retirement benefits the amount of P362,386.87 for taxation purposes. Justice Nachura wrote and is quoted below: Clearly, the benefits received by petitioner from the respondent represent her retirement benefits under the Plan. The question that now confronts us is whether these benefits ar...

PART-TIME WORKERS ARE ENTITLED TO RETIREMENT BENEFITS There can be no question that part-time workers are also entitled to retirement pay of “one-half month salary” for every year of service under Article 287, as amended by Republic Act No. 7641, after satisfying the following conditions precedent for optional retirement: (a) there is no retirement plan between the employer and employee; (b) the employee should have reached the age of sixty (60) years; and (c) should have rendered at least five (5) years of service with the employer. Meanwhile, the compulsory retirement age under the law is sixty-five (65) years. HOW ARE RETIREMENT BENEFITS COMPUTED? Applying, therefore, the principles under Article 287, as amended,  the components of retirement benefits of part-time workers may likewise be computed at least in proportion to the salary and related benefits due them.

WHICH WORKERS ARE COVERED BY THE 13TH-MONTH-PAY LAW? All employers are required to pay all their rank-and-file employees, a 13th month pay not later than December 24 of every year. Only rank-and-file employees, regardless of their designation or employment status and irrespective of the method by which their wages are paid, are entitled to the 13th month pay benefit. Managerial employees are not entitled to 13th month pay. WHO ARE EXCLUDED OR EXEMPT? The following employers are not covered by the 13th month pay law: [1] The government and any of its political subdivisions, including government-owned and controlled corporations, except those corporations operating essentially as private subsidiaries of the government. [2] Employers already paying their employees 13th month pay or more in a calendar year or its equivalent at the time of the issuance of the Revised Guidelines. [3] Employers of those who are paid on purely commission, boundary, or task basis, and those who are...

DISTINCTION BETWEEN DRIVERS PAID ON “BOUNDARY SYSTEM” AND CONDUCTORS PAID ON “COMMISSION” BASIS RA 7641 is an act amending article 287 of PD 442, as amended by providing for retirement pay to qualified private sector employees in the absence of any retirement plan in the establishment. The said R & E Transport case should be distinguished from the 2010 case of Serrano v. Severino Santos Transit, which involves a bus conductor (petitioner) who worked for 14 years for respondent bus company which did not adopt any retirement scheme. It was held therein that even if petitioner as bus conductor was paid on commission basis, he falls within the coverage of RA 7641 and its implementing rules. This means that petitioner's retirement pay should include the cash equivalent of the 5-day service incentive leave (SIL) and 1/12 of the 13th month pay for a total of 22.5 days. It was held by the Supreme Court that the Court of Appeals and the NLRC erred in relying on the R & E Tra...

WHO MAY UNIONIZE IN THE PRIVATE SECTOR?  For purposes of collective bargaining, the following persons may join, form or assist a labor organization: [1] All persons employed in commercial, industrial and agricultural enterprises; [2] Employees of government-owned or controlled corporations without original charters established under the Corporation Code; [3] Employees of religious, charitable, medical or educational institutions, whether operating for profit or not; [4] Front-line managers, commonly known as supervisory employees; [5] Alien employees; [6] Working children; [7] Homeworkers; [8] Employees of cooperatives; and [9] Employees of legitimate contractors not with principal but with the contractor. References:  PD 442's Article 243. Coverage and employees’ right to self-organization. All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for pro...

AMOUNT & COMPONENTS OF RETIREMENT PAY Under the Superiority of Benefits Rule, Article 287 does not control. What controls is the retirement plan in the CBA or employment contract. At the outset, it must be underscored that once an employee retires, it is not Article 287 that is controlling but the retirement plan under the CBA or other applicable employment contract. Article 287 becomes relevant only in the matter of ensuring that the retirement benefits are not less than those provided therein. When does Article 287 apply? Article 287 only applies in a situation where: (1) there is no CBA or other applicable employment contract providing for retirement benefits for an employee; or (2) there is a CBA or other applicable employment contract providing for retirement benefits for an employee, but it is below the requirements set by law. The reason for the first situation is to prevent the absurd situation where an employee, who is otherwise deserving, is denied retirement ben...

The employer has the prerogative to establish a policy on marriage. Jurisprudence has recognized and established some definitive standards to determine whether such marital policy is valid or not. When are rules on marriage between employees and employees of competitors allowed? In the case of Duncan Association of Detailman-PTGWO v. Glaxo Wellcome Philippines, Inc. , the contract of employment expressly prohibited an employee from having a relationship with an employee of a competitor company. It provides: “10. You agree to disclose to management any existing or future relationship you may have, either by consanguinity or affinity with co-employees or employees of competing drug companies. Should it pose a possible conflict of interest in management discretion, you agree to resign voluntarily from the Company as a matter of Company policy.” The Supreme Court ruled that this stipulation is a valid exercise of management prerogative. The prohibition against personal or marit...