2020 Labrev Syllabus
2020 Labrev Syllabus
COLLEGE OF LAW
COURSE SYLLABUS
COURSE CODE:
DAY/TIME/ROOM/SECTION:
CONSULTATION DAY/TIME:
COURSE DESCRIPTION:
A general review of all laws affecting labor standards and labor relations.
(A) Know and understand the laws; (B) Memorize provisions; (C) Develop: (i)
critical and analytical thinking; (ii) proficiency in written and oral communication;
and (iii) logical reasoning and sound judgment; and (D) Exercise proper
professional and ethical responsibilities
Upon completion of the Course Title course, the student is expected to be able to:
1
ASSESSMENT/GRADING SYSTEM:
Percentage
(Weight is based
Requirements Based on the Learning Outcomes Scope of Work
on the
(“LO”) (Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Discussion Individual
LO3 Individual
LO4 - Research Paper, Case Study
LEARNING PLAN:
LEARNING
WEEK/
LEARNING METHODS
DATE
RESOURCES (activities
(Schedule
(print and designed or
TOPIC/CONTENT of each
non-print deployed by
(arrangement or sequence of the major topics is Topic,
materials and the teacher to
based on a logical order) Assign,
online/ bring about,
Exam for
open-access or create the
the entire
resources) conditions for
semester)
learning)
Course Introduction
• Course overview Syllabus 10 Aug. Lecture
• Course assignments 2020
• Course requirements Discussion
MODULE 1:
2
Article 219 (formerly Article 212)
Managerial Employee
1. Penaranda v. Bagong Plywood Corp, May 3, 2006
3
Ex-Bataan Veterans Security Agency v. Sec.
Laguesma, November 20, 2007 (in relation to
Articles 128 and 129)
Meteoro v. Creative Creatures, July 13, 2009 (in
relations to Articles 128 and 129)
Okol v. Slimmers World December 11, 2009
Santiago v. CF Sharp Crew Management , July 10,
2007 (OFW)
Industrial Personnel and Management Services v.
De Vera, March 7, 2016 (OFW)
Ace Navigation v. Fernandez, October 10, 2012
(OFW)
Estate of Nelson Dulay v. Aboitiz Jebsen Maritime
(OFW)
LRTA v. Alvarez, November 18, 2016 (related to
GOCC)
GSIS v. NLRC, November 17, 2010 (related to
GOCC)
Duty Free Phils. V. Mojica, September 30, 2005
(related to GOCC)
WPP Marketing Comunications v. Galera, March
25, 2010 (with foreign element)
Pakistan International Airlines v. Ople, September
28, 1990 (with foreign element)
PNB v. Cabansag, June 21, 2005 (with foreign
element)
Manila Hotel v. NLRC, October 13, 2000 (with
foreign element)
Saudi Arabian Airlines v. Rebesencio, January 14,
2015 (with foreign element)
Continental Micronesia v. Basco, September 23,
2015 (with foreign element)
Kawachi v. Del Quero, March 27, 2007
(reasonable causal connection rule)
Perpetual Help Credit Cooperative Inc. v.
Faburada, October 8, 2001(in relation to
cooperatives)
7K Corpr. V. Albanco, June 26, 2013
Kawachi et. al. v. Del Quero, March 27, 2007
(reasonable causal connection)
San Miguel v. Semillano, July 5, 2010 (in relation
to cooperatives)
Ellao v. BATELEC, July 9, 2010 (in relation to
cooperatives)
Comscentre v. Ricio, January 22, 2020 (refund of
employment bond)
Gemudiano v. Naess Shipping, January 20, 2020
Pasay City Alliance Church v. Benito, November
28, 2019
4
- Zonio v. 88 Aces Maritime Services , October 16,
2019
(for prescription of action)
5
Lansangan v. Amkor Technology Philippines,
January 30, 2009
Genuino v. NLRC, December 4, 2007
Garcia et al. v. PAL, January 20, 2009
Mt. Carmel College v. REsuena October 10, 2007
Buenviaje v. CA, November 12, 2002
Pfizer Inc. v. Velasco, March 9, 2011
Wenphil Corp. v. Abing, April 7, 2014
Smart Communications v. Solidum, April 15, 2015
Manila Doctors College v. Oloroes, October 3,
2016
6
Solomon et . al. v. Powertech Corp., January 22,
2008
Philippine Journalists Inc., v. NLRC, September 5,
2006
Periquet v. NLRC, June 22, 1990
Aujero v. Philcomsat, January 18, 2012
Carolina’s Lace Shoppe v. Maquilan, April 10,
2019
MODULE 2
Syllabus
Articles 245-248 (formerly Articles238-239) Recitation
17 Aug. to
Textbooks
Heritage Hotel Manila v. NUWHRAIN-HHMSC, January 29 Aug. Case Study
12, 2011 2020
Republic of the Phils. v. Kawashima Textile
Supreme Court
Discussion
Manufacturing, July 23, 2008 Decisions
Nature of CBA
7
1. Weslayan University Phils. v. Weslayan University
Philippines Faculty and Staff Association, March 12, 2014
8
MODULE 3
9
Samahan ng mga Mangagawa sa Hyatt
(SAMASAH-NUWHRAIN) v. Magsalin, June 6,
2011
Baronda v. CA, October 14, 2015
NYK-FIL Ship Management v. Dabu, September
13, 2017
Guagua National Colleges v. CA, August 28, 2018
Octavio v. PLDT, February 27, 2013
10
St. Lukes Medical Center Inc. v. Notario, October
20, 2010
Aliling v. World Express Corp., April 25, 2012
Perez v. PT&T April 9, 2009
Distribution and Control Products Inc. v. Santos,
July 10, 2017
Agabon v, NLRC, November 17, 2004
King of Kings Transport v. Mamac, June 29, 2007
Puncia v. Toyota Shaw, June 28, 2019
Jaka Food Processing v. Pacot, March 28, 2005
Abbot Laboratories v. Alcaraz, July 23, 2013
11
24. Maersk-Filipinas Crewing Inc. v. Avestruz,
February 18, 2015 (OFW)
25. Villena v. Batangas II Electric, February 4, 2015.
26. Sangwoo Phils. v. SangWoo Philippines
Employees Union, December 9, 2013
27. Papertech v. Kando, January 8, 2020 (doctrine of
strained relations)
28. Olympia Housing v. Pastora, January 13, 2016
(reinstatement no longer possible due to closure;
grant of backwages and separation pay to run up to
date of closure)
29. Claudia’s Kitchen v. Tanguin, June 28, 2017
(Separation pay in lieu of reinstatement, when
proper)
MODULE 4
12
Innodata Knowledge Services v. Inting, December 6, 2017
Pacific Metal Case, December 5, 2019 (Project/ Regular
Employee)
Claret School of QC v. Sinday, October 9, 2019 (fixed term
contract)
Gapayao v. Fulo, June 13, 2013 (Seasonal)
Paz v. Northern Tobacco Redrying Co. (Seasonal)
Kimberly Independent Labor Union v. Drilon, May 9, 1990
(casual)
Philippine Geothermal Inc. v. NLRC, August 30, 1990
(casual)
Samonte v. La Salle Greenhills, February 10, 2016 (fixed)
Management Prerogative
1. Serious Misconduct
a. Imasen Philippine Corporation v. Alcon, G.R. No.
194884, 22 October 2014 (elements of
13
b. Northwest Airlines v. Del Rosario, G.R. No. 157633,
10 September 2014 (Definition of fight; fighting as serious
misconduct)
c. Citibank v. NLRC, G.R. No. 159302, 6 February
2008 (Attitude problem as serious misconduct)
d. Mirant Philippines v. Caro, G.R. No. 181490, 23
April 2014 (refusal to undergo drug test not necessarily
serious misconduct)
e. Nacague v. Sulpicio Lines, G.R. No. 172589, 9
August 2010 (required proof for dismissal for use of drugs,
drug use as serious misconduct)
f. Leus v. St. Scholastica’s College, G.R. No. 187226,
28 January 2015 (immorality)
g. Cadiz v. Brent Hosptial, February 24, 2016
h. Sterling Paper Products v. KMM-Katipunan, August
2, 2017 (invectives)
i. Maribago Resort v. Dual, July 20, 2010
j. Benitez v. Santa Fe Moving and Relocation Services
April 20, 2015.
k. Domingo v. Rayala 2008 case (sexual harassment)
l. The Coca-Cola Export Corporation v. Gacayan,
December 15, 2010
m. Holcim Phil. v. Obna, August 8, 2016
n. Waterfront Cebu City Casino Hotel v. Ledesma,
March 25, 2015 (misconduct)
o. Naguit v. San Miguel, June 22, 2015 (fighting)
14
f. School of Holy Spirit of Quezon City v. Taguiam,
July 14, 2008 (gross and habitual neglect)
4. Fraud
a. Philippine Airlines v. NLRC, G.R. No. 126805, 16
March 2000 (Fraud need not lead to actual loss to justify
dismissal)
6. Commission of a crime
a. Reno Foods v. Nagkakaisang Lakas ng
Manggagawa, G.R. No. 164016, 15 March 2010 (acquittal
does not invalidate dismissal for commission of a crime)
b. Lynvil Fishing Enterprises v. Ariola, G.R. No.
181974, 1 February 2012 (findings in preliminary
investigation not binding upon labor tribunals)
Abandonment
MODULE 5 Syllabus
Recitation
Article 298 (formerly Article 283) 28 Sept. to
Textbooks
9 Oct. Case Study
2020
Supreme Court
1. Redundancy Discussion
and Court of
Arabit v. Jardine Pacific, G.R. No. 181719, 21 April Appeals
Quiz
2014 (Distinction between redundancy and Decisions
retrenchment; Guidelines for valid redundancy)
15
Shimizu Philippines v. Callanta, G.R. No. 165923,
29 September 2010 (Guidelines for valid
redundancy; purpose of notice to DOLE; nominal
damages for non-compliance)
SPI Technologies Inc. v. Mapua, April 7, 2014
(redundancy)
Culili v. Eastern Telecommunication Philippines,
February 9, 2011 (redundancy_
Asufrin v. San Miguel Corporation, March 10,
2004 (redundancy)
Ocean East Agency Corp v. Lopez, October 14,
2015 (redundancy)
2. Retrenchment
a. Asian Alcohol Corporation v. NLRC, G.R. No.
131108, 25 March 1999 (Requirements for valid
retrenchment, Proof required, includes prevention
of losses)
3. Closure of Business
a. Sangwoo Philippines v. Sangwoo Philippines
Employees Union, G.R. No. 173154, 9 December
2013 (Closure due to serious business losses no
separation pay, posting of notices not compliant
with procedural due process, reduced nominal
damages)
16
Sy et. al. v. CA, February 27, 2003
Union Motors Corp v. NLRC, December 9, 2004
Villaruel v. Yeo Han Guan, June 1, 2011
Deoferio v. Intel Technology Philippines, June 18,
2014
17
Pinero v. NLRC, August 20, 2004
Sta. Catalina College v. NLRC, November 19,
2003
Pantranco North Express Inc. v. NLRC, July 24,
1996
R and E Transport v. Latag, February 13, 2004
Serrano v. Severino Santos Transit, August 9, 2010
Obusan v. PNB, July 26, 2010
Kimberly Clark Phils. v. Dimayuga, September 18,
2009
Magdadaro v. PNB, July 17, 2009.
Laya v. CA, January 10, 2018.
Tolentino v. PAL, January 24, 2018
Dela Salle Araneta University v. Bernardo,
February 13, 2017
UDMC v. Bernadas, December 13, 2017
PAL v. Hassaram, June 5, 2017
Carissa E. Santo v. University of Cebu, August 28,
2019
Padillo v. Rural Bank of Nabunturan, January 21,
2013 (disqualified from retirement benefits due to
failure to reach optional retirement age; grant of
financial assistance)
12 Oct to
MID-TERM EXAMINATIONS 17 Oct.
2020
MODULE 6
18
d. Entities prohibited from recruiting
e. Suspension or cancellation of
license or authority
f. Prohibited practices
C. Illegal recruitment
1. Elements
2. Types
3. Illegal recruitment as distinguished
from estafa
D. Liability of local recruitment agency and
foreign employer
1. Solidary liability
2. Theory of Imputed knowledge
E. Termination of contract of migrant worker
F. Employment of non-resident aliens
19
17. AMCOW v. GCC Approved Medical Centers
Association, December 6, 2016
18. Gargallo v. DOHLE Seafront Crewing, August 17,
2016
19. Princess Talent Center v. Masagca, April 11, 2018
20. David v. Marquez, June 5, 2017
21. Powerhouse Staff Builders International Inc. v.
Romelia Rey et al., November 7, 2016
Art. 57-81
Art. 57 Cases
MODULE 7
Employer-Employee Relationship
20
- AFP Mutual Benefit Association v. NLRC, G.R.
No. 102199, 28 January 1997.
- Encyclopaedia Britannica v. NLRC, G.R. No.
87098, 4 November 1996
- HSY Marketing v. Villastique, G.R. No.
219569, 17 August 2016
- Coca Cola v. Climaco, G.R. No. 146881, 5
February 2007
- Corporal v. NLRC, G.R. No. 129315, 2
October 2000, 341 SCRA 658.
- Maraguinot v. NLRC, G.R. No. 120969, 22
January 1998, 284 SCRA 539.
- Calamba Medical Center v. NLRC, G.R. No.
176484, 25 November 2008.
- Jardin v. NLRC, G.R. No. 119268, 23 February
2000, 326 SCRA 299.
- Sonza v. ABS-CBN Broadcasting Corporation,
G.R. No. 138051, 10 June 2004.
- Begino v. ABS-CBN, G.R. No. 199166, 20
April 2015.
- Orozco v. Court of Appeal, G.R. No. 155207,
13 August 2008.
- Television And Production Exponents, Inc. v.
Servaña, G.R. No. 167648, 28 January 2008.
- Francisco v. NLRC, G.R. No. 170087, 31
August 2006.
- WPP Marketing Communications, Inc. et al. v.
Galera, G.R. No. 169207/G.R. No. 169239, 25
March 2010.
- Matling Industrial v. Coros, G.R. No. 157802,
13 October 2010.
- Malcaba v. Prohealth Pharma Philippines,
G.R. No. 209085, 6 June 2018.
- Republic v. Asiapro Cooperative, G.R. No.
172101, 23 November 2007.
- Locsin et. al. v. PLDT, October 2, 2009
- Professional Services v. CA, February 11,
2008
- Tenazas et. al. v. R. Villegas Taxi
Transport, April 2, 2014.
- Dumpit Murillo v. CA, June 28, 2011
- Bernarte v. PBA, September 14, 2011
- Professional Services Inc. v. CA, February
11, 2008
- Chavez v. NLRC, January 17, 2005
- Coca-cola Bottlers Inc. v. Climaco,
February 2007
- Felix v. Buenaseda, January 7, 1995
- Autobus Transport v. Bautista
- David v. Macasio , July 4, 2014
- Begino v. ABS-CBN, April 20, 2015
- Chevron Phils. v. Galit, October 7, 2015
- Weslayan University Phils. v. Maglaya,
January 23, 2017
- Nestle Phil. v. Pineda, January 30, 2017
- Valenzuela v. Alexandra Mining Ventures,
October 5, 2016
21
Reasonable Causal Connection Rule
San Miguel Corporation v. Etcuban, G.R. No.
127639, 3 December 1999
Kawachi v. Del Quero, G.R. No. 163768, 27
March 2007
Eviota v. Court of Appeals, G.R. No. 152121, 29
July 2003
Indophil Textile Mills v. Adviento, G.R. No.
171212, 4 August 2014
MODULE 8
A. Conditions of employment
(Articles 82-96)
1. Hours of work
a. Principles in determining hours worked and
employees exempted or not covered
b. Compensable Time
1. Normal hours of work
2. Night shift differential
3. Overtime work
a) Compressed work week
b) Built in overtime
c. Non-compensable hours; when compensable
1. Meal break
2. Power interruptions or brownouts
3. Idle time
4. Travel time
5. Commuting time
6. Waiting time
2. Rest periods Syllabus
Recitation
3. Service Charge 3 Nov. to
4. Service Incentive Leave Textbooks
20 Nov. Case Study
a. Autobus Transport Systems v. Bautista 2020
May 16, 2005 Supreme Court
Discussion
Decisions
√ Include the following:
22
- Expanded Breastfeeding Act
- D.O. No. 143-15 (exemption)
- D.A. 2 Series of 2009 Guidelines on the Adoption
of Flexible Work Arrangements
MODULE 9
Wages
a. Wage v. salary
d. Holiday pay
2. Principles
a. No work, no pay
b. Payment by results
4. Payment of wages
6. Wage determination
Article 97
23
1. Central Azucarera de Tarlac v. Central
Azucarera de Tarlac Labor Union, July 26, 2010
Article 100
Article 106
Article 110
Article 111
Article 113
24
MODULE 10
Article 118
Leaves
1. Labor Code
a. Service Incentive Leave
2. Special laws
a. Parental leave for solo parents (R.A. No. 8972 as
amended by R.A. No. 11210)
b. Expanded maternity leave
c. Paternity leave (R.A. No. 8187 as amended by
R.A. No. 11210)
d. Gynecological leave (R.A. No. 9710)
e. Battered woman leave (R.A. No. 9262)
Article 128
Sexual harassment
Definition
Duties and liabilities of employers.
25
1. Sexual Harassment Act (R.A. No. 7877)
2. Domingo v. Rayala, February 18, 2008
3. Phil. Aeolus Automotive United Corp. v. NLRC,
April 28, 2000
4. R.A. No. 11313 An Act Defining Gender Based
Sexual Harassment in Streets, Public Places,
Office, Workplace and Educational or Training
Institutions (Safe Spaces Act) and its IRR
Domestic Workers Act and its IRR and recent wage order
on DW
LA No. 10, S 18, Entitlement of Kasambahay to other
benefits
Other workers:
1. Homeworkers
2. Security Guards (D.O. No. 150-16)
MODULE 11
Compensabilty
26
MODULE 12
Social Legislation
E. Agrarian Relations
1. Concept of agrarian reform
2. Existence and concept of agricultural tenancy
3. Rights of agricultural tenants
4. Concept of farm workers
Dec. 12-17,
FINAL EXAMINATIONS 2020
TEXTBOOKS:
Labor Books I and II by Azucena (or any of your Labor Law books used in class)
POLICIES:
27
4. Students are prohibited from recording the online class as this is a violation of the intellectual
property rights of the Professor.
Prepared by:
Signature
Atty. Joyrich M. Golangco
Faculty, College of Law
Approved by:
Signature
Atty. Marciano G. Delson
Dean, College of Law
28