LABOR LAW REVIEW

M J Manuel
1st semester, 2021-2022

PART I
INTRODUCTION

1987 Constitution
Article II, Sec. 9, 10, 11, 13, 14, 18, 20
Article III, Sec. 1, 4, 8, 10, 16, 18 (2)
Article XIII, Sec. 1, 2, 3, 13, 14

Labor Code
Article 3, 4, 218, 290 (as amended by R.A. 10395)

Civil Code, Article 19, 1700, 1702

PART II
RIGHT TO SELF-ORGANIZATION

Concept & Scope

Arts. 253, 257, 292 (c), 219 (e, f)

Omnibus Rules, Book V, Rule I-Rule II, as amended by D.O. 40, series of 2003

NUWHRAIN-Manila Pavilion Hotel Chapter v. Secretary, July 31, 2009

Samahan ng Manggagawa sa Hanjin Shipyard v. BLR, October 14, 2015
Holy Child Catholic School v. HCCS-TELU-PIGLAS, July 23, 2013

Labor Organizations, Registration, Chartering

Labor Code: Arts. 219 (g, h), 237, 240-251, 292 (a)
Omnibus Rules, Book V, Rule I, Sec. 1 (a, h-p, w, cc, ee, ff, jj, kk, zz, ccc),
Rule III-V, XIV-XV, as amended by D.O. 40-03, as further amended by D.O. 40-B

Arts. 240, 241, 245, 246, 247, 248, 252

Department Order No. 40-F-03, series of 2008
(Implementing Rules for R.A. 9481 amendments)
San Miguel Corporation Employees Union-Philippine Transport And General Workers
Organization (SMCEU-PTGWO) v. San Miguel Packaging Products Employees Union-
Pambansang Diwa Ng Manggagawang Pilipino (SMPPEU-PDMP), September 12, 2007
The Heritage Hotel Manila (Owned And Operated By Grand Plaza Hotel Corporation) v.
Pinag-Isang Galing At Lakas Ng Mga Manggagawa Sa Heritage Manila (Piglas-
Heritage), October 30, 2009
Eagle Ridge Golf and Country Club v. CA, March 18, 2010
Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter Chemical and Coating
Corp., March 16, 2011
Yokohama Tire Phils. v. Yokohama Employees Union, March 10, 2010
Takata Philippines v. BLR and SALAMAT, June 4, 2014
AIM vs. AIM Faculty Association, January 23, 2017

1
Eligibility for Membership; Special Groups of Employees

Labor Code: Arts. 255, 219 (m), 256

Department Order No. 40-F-03, series of 2008
Omnibus Rules, Book V, Rule I, Sec. 1 (hh), (nn), (xx), as amended by D.O. 40

Cathay Pacific Steel Corp. v. CA, August 30, 2006

San Miguel Corp. Supervisors and Exempt Union v. Laguesma, August 15, 1997
Standard Chartered Bank Employees Union (SCBEU-NUBE) v. Standard Chartered
Bank, April 22, 2008
Coastal Subic Bay Terminal v. DOLE, November 20, 2006
Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery v. Asia Brewery, August 3, 2010
San Miguel Foods v. SMC Supervisors and Exempt Union, August 1, 2011
Heritage Hotel v. Secretary, July 23, 2014

Union Security Clause

Labor Code: Art. 259 (e)

BPI v. BPI Employees Union, August 10, 2010 (Main Decision & Dissenting Opinion),
October 19, 2011
General Milling Corp. v. Casio, March 10, 2010
PICOP Resources, Inc. v. Tañeca, August 9, 2010
Victoriano v. Elizalde Rope Workers Union, 59 SCRA 54
Kapatiran sa Meat and Canning Division v. Ferrer-Calleja, 162 SCRA 367

Conditions of Membership and Rights of Members

Labor Code: Arts. 250, 289, 228 (b), 259 (e)

Omnibus Rules, Book V, Rule XI, XII, XIII, XVIII, XX, as amended by D.O. 40

NOTE: Compare the original provisions of the Labor Code with the amended
provisions under R.A. No. 9481.
For reference:
Atlas Litographic Services v. Laguesma, 205 SCRA 12
De La Salle University Medical Center v. Laguesma, 294 SCRA 141
Tagaytay Highlands v. Tagaytay Highlands Employees Union-PTGWO,
January 22, 2003

2
PART III
REPRESENTATION

Bargaining Unit

Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03

De La Salle v. De La Salle University Employees’ Association, April 12, 2000

San Miguel Foods v. San Miguel Corp. Supervisors and Exempt Union, August 1,
2011
Holy Child Catholic School v. HCCS-TELU-PIGLAS, July 23, 2013

Bargaining Agent, Certification Election Proceedings

Labor Code: Arts. 267-272

Omnibus Rules, Book V , Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb, a, tt, ww),
Rules VI-X, as amended by D.O. 40, D.O. 40-F-03, series of 2008, and further
amended by D.O. 40-I-15, series of 2015

Republic of the Philippines, represented by DOLE, v. Kawashima Textile, July 23, 2008
St. James School of Quezon City v. Samahang Manggagawa sa St. James, November 23,
2005
DHL Phils. United Rank and File Association v. Buklod ng Manggagawa ng DHL
Phils., July 22, 2004
Sta. Lucia East Commercial Corporation v. Hon. Secretary of Labor, August 14, 2009
Samahan Ng Mga Manggagawa Sa Samma–Lakas Sa Industriya Ng
Kapatirang Haligi Ng Alyansa (Samma–Likha) v. Samma Corporation,
March 13, 2009
Chris Garments Corporation v. Hon. Patricia Sto. Tomas and Chris Garments
Workers Union-PTGWO, January 12, 2009
National Union Of Workers In Hotels, Restaurants And Allied Industries- Manila
Pavilion Hotel Chapter v. Secretary of Labor, July 31, 2009
Eagle Ridge Golf and Country Club v. CA, March 18, 2010
PICOP Resources, Inc. v. Tañeca, August 9, 2010
Legend International v. Kilusang Manggagawa ng Legend, February 23, 2011
Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter
Chemical and Coating Corp., March 16, 2011
Heritage Hotel v. Secretary, July 23, 2014
Republic of the Philippines v. Namboku Peak, July 18, 2014
T&H Shopfitters v. T&H Shopfitters Workers Union, February 26, 2014
Hijo Resources Corp. v. Mejares, January 13, 2016
Ren Transport Corp. V. NLRC, June 27, 2016

For reference:
(Voluntary Recognition) Sta. Lucia East Commercial Corporation v. Hon. Secretary
Of Labor, August 14, 2009
Coastal Subic Bay Terminal v. DOLE, November 20, 2006
(25% requirement) California Manufacturing Corp. v. Laguesma, June 8, 1992

3
PART IV
COLLECTIVE BARGAINING
Labor Code: Arts. 261-266, 258-260, 274
Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, t, bbb), Rules XVI-XVII, as
amended by D.O. 40-03

Art. 237, 219 (n), 273-275 (b), 292 (f,g,h)

Omnibus Rules, Book V, Rule XIX, XXI, as amended by D.O. 40-03

Union of Filipro Employees v. Nestle Phils., March 3, 2008

PAL v. PALEA, March 12, 2008
San Miguel Foods v. San Miguel Corp. Employees Union, October 5, 2007
Capitol Medical Center v. Trajano, June 30, 2005
Standard Chartered Bank Employees Union v. Confesor, June 16, 2004
General Milling Corporation v. CA, February 11, 2004
FVC Labor Union-Philippine Transport and General Workers Organization
(FVCLU-PTGWO) v. Sama-Samang Nagkakaisang Manggagawa Sa
FVC (SANAMA-FVC-SIGLO), November 27, 2009
RFM Corporation v. KAMPI-NAFLU-KMU, February 4, 2009
Fulache v. ABS-CBN, GR No. 183810, January 21, 2010
Employees Union of Bayer v. Bayer Phils., December 6, 2010
General Milling Independent Labor Union v. General Milling, June 15, 2011
Malayan Employees Association v. Malayan Insurance Co., February 2, 2010
Santuyo v. Remerco Garments, March 22, 2010
Insular Hotel Employees Union v. Waterfront Insular, September 22, 2010
Cirtek Employees Labor Union v. Cirtek Electronics, November 15, 2010
Eastern Telecoms v. Eastern Telecoms Employees Union, February 8, 2012
PNCC Skyway Traffic Management & Security Division Workers Organization
v. PNCC Skyway Corp., February 17, 2010
Supreme Steel v. Nagkakaisang Manggagawa sa Supreme, March 28, 2011
Wesleyan University v. Wesleyan Univ. Faculty & Staff Association, March
12, 2014
Goya v. Goya Employees Union, January 21, 2013
Rivera v. Espiritu, January 23, 2002
Ren Transport Corp. v. NLRC, SMART-ADLO, June 27, 2016
SONEDCO Workers Free Labor Union (SWOFLU) v. Universal Robina Corp.,
October 5, 2016
Erson and Lee Doing Business as Super Lamination Services v. SMSLS-
NAFLU-KMU, November 21, 2016
GSIS Family Bank Employees Union v. Villanueva, January 23, 2019

For reference:
Halagueña, et al., and other flight attendants of Philippine Airlines v Philippine
Airlines, October 2, 2009
PASSI v. Boclot, September 28, 2007

4
PART V
UNFAIR LABOR PRACTICES

Labor Code: Arts. 258-260, 274

The Insular Life Assurance Co., Ltd., Employees Association v. The Insular Life
Assurance Co., Ltd., January 30, 1971
Mabeza v. NLRC, April 18, 1997
T&H Shopfitters v. T&H Shopfitters Workers Union, February 26, 2014
Manila Mining Employees Corp. v. Manila Mining, September 29, 2010
Central Azucarera de Bais Employees Union v. Central Azucarera de Bais, Nov. 17, 2010
Employees Union of Bayer Phils. v. Bayer Phils., December 6, 2010
BPI Employees Union-Davao v. BPI, July 24, 2013
Prince Transport v. Garcia, January 12, 2011
Pepsi Cola Products v. Molon et al., February 18, 2013
Royal Plant Workers Union v. Coca Cola Bottlers, April 15, 2013
Bankard v. NLRC, March 6, 2013
Goya v. Goya Employees Union, January 21, 2013
Digitel Communications Philippines v. Digitel Employees Union, October 10, 2012
Mendoza v. Officers of Manila Water Employees Union (MWEU), January 25, 2016

5
PART VI
STRIKES, LOCKOUTS AND CONCERTED ACTIONS
Arts. 219 (o-s), 278-281, 266; Rules, Book V, Rule XXII, as amended by D.O. 40-03,
and further amended by D.O. 40-A, D.O. 40-G-03 (2010), and D.O. 40-H-13 (2013)
Bukluran ng Manggagawa sa Clothman Knitting v. CA, January 17, 2005
Steel Corporation v. SCP Employees Union, April 16, 2008
Biflex Phils. v. Filflex Industrial & Manufacturing Corp., Dec. 19, 2006
Bascon & Cole v. CA, February 5, 2004
Toyota Motor Phils. Corp. Workers Association v. Toyota Motor Phils, Oct. 19, 2007
NUWHRAIN Dusit Hotel Nikko Chapter v. CA, November 11, 2008
A. Soriano Aviation v. Employees Association of A. Soriano Aviation, August 14, 2009
Interphil Laboratories Employees Union-FFW v. Interphil Laboratories Inc., December 19,
2001.
Ramirez v. Polyson Industries, October 19, 2016

Capitol Medical Center v. NLRC, GR 147080, April 26, 2005

Trans-Asia Shipping Lines-Unlicensed Crews Employees Union v. CA, July 7, 2004

Manila Diamond Hotel Employees Union v. CA, Secretary, December 16, 2004
Philcom Employees Union v. Phil. Global Communications, July 17, 2006
Nissan Motors v. Secretary, June 21, 2006
FEU-NRMF v. FEU-NRMFEA-AFW, October 16, 2006
Pilipino Telephone Corporation v. PILTEA, June 22, 2007
Club Filipino v. Bautista, July 13, 2009
Jackbilt Industries v. Jackbilt Employees Union, March 20, 2009
Alcantara & Sons v. CA, GR G.R. No. 155109, September 29, 2010
PHIMCO Industries, Inc. v. PILA, August 11, 2010
Solidbank Corporation v. Gamier, November 15, 2010
Escario v. NLRC, September 27, 2010
Bagong Pagkakaisa ng Manggagawa sa Triumph v. Secretary, July 5, 2010
Fadriquelan v. Monterey Foods, June 8, 2011
Magdala Multipurpose & Livelihood v. KMLMS, October 19, 2011
Automotive Engine Rebuilders v. Progresibong Unyon, July 13, 2011; January 16, 2013
Naranjo v. Biomedica Heath Care, September 19, 2012
VCMC v. Yballe, January 15, 2014
Tabangao Shell Refinery Employees Association v. Pilipinas Shell, April 7, 2014
University of San Agustin Employees Union v. CA, March 28, 2006
Hongkong and Shanghai Banking Corp. Employees Union v. NLRC, January 11, 2016
PMI Faculty and Employees Union v. PMI Colleges Bohol, June 29, 2016
Guagua National Colleges v. Guagua National Colleges Faculty Labor Union, July 13,
2016

6
PART VII
EMPLOYER-EMPLOYEE RELATIONSHIP

Elements of Relationship

Labor Code: Article 97 (a), (b), (c), (e); 173 (f), (g); 219 (e) & (f)

Television and Production Exponents v. Servaña, January 28, 2008

ABS-CBN Broadcasting Corp. v. Nazareno, Sept. 26, 2006
Fulache v. ABS-CBN, January 21, 2010
Dumpit-Murillo v. Court of Appeals, June 8, 2007
Fuji Television v. Espiritu, December 3, 2014
Begino v. ABS-CBN, April 20, 2015
(NOTE: Relate these six cases to Sonza v. ABS-CBN [June 10, 2004])

Bernante v. PBA, September 14, 2011

Abella v. PLDT, June 8, 2005
Consulta v. CA, March 18, 2005
Villamaria v. CA, April 19, 2006
Republic of the Philippines v. ASIAPRO, November 23, 2007
Phil. Global Communications v. De Vera, June 7, 2005
Coca Cola Bottlers v. Climaco, February 5, 2007
Chavez v. NLRC, January 17, 2005
Angelina Francisco v. NLRC, August 31, 2006
Tongko v. Manufacturers Life, June 29, 2010 & January 25, 2011
Matling Industrial v. Coros, October 13, 2010
Cosare v. Broadcom Asia, February 5, 2014
Atlanta Industries v. Sebolino, January 26, 2011
Intel Technology v. NLRC & Cabiles, February 5, 2014
Royale Homes v. Alcantara, July 28, 2014
Bazar v. Ruizol, October 19, 2016
National Transmission Corporation v. COA, November 22, 2016

Independent Contractors and Labor-Only Contractors

Labor Code: Art. 106-109

Department Order No. 174, series of 2017 (NOTE: Compare with DO No. 18-A)
Department Circular No. 1-2017

Philippine Airlines v. Ligan, February 29, 2008

San Miguel Corporation v. Aballa, June 28, 2005
Meralco Industrial Engineering Services v. NLRC, March 14, 2008
Manila Electric Company v. Benamira, July 14, 2005
Dole Phils. v. Esteva, November 30, 2006
Aliviado v. Procter and Gamble, March 9, 2010
Temic Automotive v. Temic Automotive Employees Union, December 23, 2009
Smart Communications v. Astorga, January 28, 2008
Coca-Cola Bottlers v. Agito, February 13, 2009
Manila Water v. Dalumpines, October 4, 2010
Babas v. Lorenzo Shipping, December 15, 2010
Teng v. Pahagac, November 17, 2010
CEPALCO v. CEPALCO Employees Labor Union, June 20, 2016
De Castro v. CA, October 5, 2016
Diamond Farms v. SPFL-Workers Solidarity, January 13, 2016
Quintanar v. Coca-Cola Bottlers, June 28, 2016

7
Classes of Employees

Arts. 293, 295-296; Rules, Book VI, Secs. 5-6

Magis Young Achievers’ Learning Center v. Manalo, February 13, 2009

Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007
The Peninsula Manila v. Alipio, June 17, 2008
Rowell Industrial Corporation v. CA, March 7, 2007
ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
Kimberly Clark Phils. v. Secretary, November 23, 2007
Benares v. Pancho, April 29, 2005
Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005
Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005
St. Mary’s University v. CA, March 8, 2005
Poseidon Fishing v. NLRC, February 20, 2006
PLDT v. Arceo, May 5, 2006
Fulache v. ABS CBN, January 21, 2010
Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC, March 30, 2011
Asos v. PNCC, July 3, 2013
Malicdem v. Marulas Industrial Corp., February 26, 2014
Exodus International Construction v. Biscocho, February 23, 2011
DM Consunji v. Gobres, August 8, 2010
Mercado v. AMA Computer College, April 13, 2010
Colegio del Santisimo Rosario v. Rojo, September 4, 2013
Gapayao v. Fulo, June 13, 2013
Universal Robina Sugar Milling Corp. v. Acibo, January 15, 2014
Abbott Laboratories v. Alcaraz, July 23, 2013, April 22, 2014
PNOC-EDC vs. Buenviaje, June 29, 2016
Fuji Television v. Espiritu, December 3, 2014
Basan v. Coca-Cola, February 4, 2015
Gadia v. Sykes Asia, January 28, 2015
Samonte v. La Salle Greenhills, Inc., February 10, 2016
A. Nate Casket Maker v. Arango, October 5, 2016
Del Rosario v. ABS-CBN Broadcasting Corp., September 8, 2020

8
PART VIII
SECURITY OF TENURE
Arts. 292 (b), 294, 297-302; D.O. 147-15

Just Causes

Salas v. Aboitiz One, June 27, 2008

RB Michael Press v. Galit, February 13, 2008
San Miguel Corporation v. NLRC, April 16, 2008
LBC Express v. Mateo, June 9, 2009
Genuino v. NLRC, December 4, 2007
Bughaw v. Treasure Island, March 28, 2008
Moreno v. San Sebastian College, March 28, 2008
Janssen Pharmaceutica v. Silayro, February 26, 2008
Suico v. NLRC, January 30, 2007
Perez & Doria v. PT&T, April 7, 2009
Bacolod-Talisay Realty v. Dela Cruz, April 30, 2009
Prudential Guarantee & Assurance Labor Union v. NLRC, June 13, 2012
Cosmos Bottling Co. v. Fermin, June 20, 2012
Sampaguita Auto Transport v. NLRC & Sagad, January 30, 2013
Dongon v. Rapid Movers, Augsut 28, 2013
Alilem Credit Cooperative v. Bandiola, February 25, 2013
Cavite Apparel v. Marquez, February 6, 2013
Esguerra v. Valle Verde, June 13, 2012
Santos v. Integrated Pharmaceutical, July 11, 2016
SAMASAH-NUWHRAIN v. VA Magsalin, June 6, 2011
Lopez v. Alturas Group of Companies, April 11, 2011
Puncia v. Toyota Shaw, June 28, 2016
Interadent Zahntechnik v. Simbillo, November 23, 2016

Union Security Clause

Alabang Country Club v. NLRC, February 14, 2008

Inguillo v. First Philippine Scales, June 5, 2009
General Milling Corp. v. Casio, March 10, 2010

Pregnancy

Leus v. St. Scholastica’s College Westgrove, January 28, 2015

Capin-Cadiz v. Brent Hospital and Colleges, February 24, 2016
Inocente v. St. Vincent Foundation for Children and Aging, June 22, 2016
Saudi Arabian Airlines [SAUDIA] v. Rebesencio, January 14, 2015

Criminal case

United Tourist Promotion v. Kemplin, February 5, 2014

St. Luke’s Medical Center v. Sanchez, March 11, 2015

Disease

Crayons Processing v. Pula, July 30, 2007

Villaruel v. Yeo Han Guan, June 1, 2011
Padillo v. Rural Bank of Nabunturan, January 21, 2013
Deoferio v. Intel Technology, June 18, 2014

9
Illegal Strike

Jackbilt Industries v. Jackbilt Employees Union, March 20, 2009

Escario v. NLRC, September 27, 2010
Abaria v. NLRC, December 7, 2011 (relate to Bascon v. CA, February 5, 2004)
PHIMCO Industries v. PHIMCO Industries Labor Association, August 11, 2010
VCMC v. Yballe, January 15, 2014

Authorized Causes

Andrada v. NLRC, December 28, 2007

Manatad v. PT&T, March 7, 2008
Linton Commercial v. Hellera, October 10, 2007
AMA Computer College v. Garcia, April 14, 2008
GSWU-NAFLU-KMU v. NLRC, October 17, 2006
Dickinson Philippines v. NLRC, November 15, 2005
PT & T v. NLRC, April 15, 2005
Oriental Petroleum v. Fuentes, October 14, 2005
FASAP v. PAL, July 22, 2008 and October 2, 2009
General Milling Corp. v. Viajar, January 30, 2013
Am-Phil Food v. Padilla, October 1, 2014
SPI Technologies v. Mapua, April 7, 2014
PNCC Skyway Corp. v. Secretary, April 19, 2016

Constructive Dismissal/Preventive Suspension

Maricalum v. Decorion, April 12 2006

Uniwide Sales v. NLRC, February 29, 2008
Norkis Trading v. Genilo, February 11, 2008
Fungo v. Lourdes School, July 27, 2007
The University of the Immaculate Conception v. NLRC, January 26, 2011
Robinsons Galleria/Robinsons Supermarket Corp. v. Ranchez, January 19, 2011
Dreamland Hotel v. Johnson, March 12, 2014
INTEC Cebu v. CA, June 22, 2016
Agcolicol v. Casiño, June 15, 2016
LBC Express-Vis, Inc. v. Palco, February 12, 2020
Jacob v. First Step Manpower, July 8, 2020

Temporary Suspension of Operations/Floating Status

Manila Mining Corp. Employees Association v. Manila Mining Corp., September 29,
2010
Nippon Housing v. Leynes, August 3, 2011
SKM Art Corp. v. Bauca, November 27, 2013
Exocet Security v. Serrano, September 29, 2014
Ibon v. Genghis Khan Security Services, June 19, 2017

Suspension

Caong v. Regualos, January 26, 2011

Montinola v. PAL, September 8, 2014

10
Consequences of Dismissal

Composite Enterprises v. Caparoso, August 8, 2007

Sagum v. CA, May 26, 2005
Agabon v. NLRC, November 17, 2004
Jaka Food Processing v. Pacot, March 28, 2005
Industrial Timber v. Ababon, March 30, 2006
Sangwoo Phil. v. Sangwoo Phils. Employees Union, December 9, 2013
Equitable Banking v. Sadac, June 8, 2006
Carlos v. CA, August 28, 2007
Tomas Claudio Memorial College v. CA, February 16, 2004
Chronicle Securities v. NLRC, November 25, 2004
Intercontinental Broadcasting v. Benedicto, July 20, 2006
Velasco v. NLRC, June 26, 2006
PCIB v. Abad, February 28, 2005
Bago v. NLRC, April 4, 2007
Panuncillo v. CAP Phils., February 9, 2007
Garcia v. Philippine Airlines, January 20, 2009
PAL v. Paz, November 26, 2014
Islriz v.Capada, January 31, 2011
Lansangan v. Amkor Technology Philippines, January 30, 2009
Palteng v. UCPB, February 27, 2009
Alcantara & Sons v. CA, September 29, 2010
Aboc v. Metrobank, December 13, 2010
Prince Transport v. Garcia, January 12, 2011
Robinsons Galleria/Robinsons Supermarket Corp. v. Ranchez, January 19, 2011
Pfizer v. Velasco, March 9, 2011
Luna v. Allado Construction, May 30, 2011
Villaruel v. Yeo Han Guan, June 1, 2011
Nacar V. Gallery Frames, August 13, 2013
Integrated Microelectronics V. Pionilla, August 28, 2013
United Tourist Promotion V. Kemplin, February 5, 2014
University of Pangasinan v. Fernandez, November 12, 2014
Wenphil Corporation v. Abing, April 7, 2014

Appeal Bond

McBurnie v. Ganzon, EGI-Managers, Inc., October 17, 2013

Sara Lee v. Macatlang, June 4, 2014
Balite v. SS Ventures, Feb. 2015

11
PART IX
DISPUTE SETTLEMENT

Labor Code: Arts. 128-129, 220-232, 266, 273-277, 278 (g-i), 303-304, 307 (b), 305-307
Note the amendments introduced by R.A. 9347and R.A. 10741
Executive Order No. 126 & 251

Secretary/Regional Director

People’s Broadcasting v. Secretary, May 8, 2009 and March 6, 2012

South Cotabato Communications Corp. v. Sto. Tomas, June 15, 2016
Republic of the Philippines v. Namboku Peak, July 18, 2014

DO 183-17: Revised Rules on the Administration And Enforcement of Labor Laws

Pursuant To Article 128 of the Labor Code, as Renumbered

Bureau of Labor Relations

Diokno v. Cacdac, July 4, 2007

Labor Arbiter

Jaguar Security v. Sales, April 22, 2008

Pioneer Concrete Philippines v. Todaro, June 8, 2007
Tegimenta Chemical Phils. v. Buensalida, June 17, 2008
Milan v. NLRC, February 4, 2015
Indophil v. Adviento, August 4, 2014
Am-Phil Food Concepts v. Padilla, October 1, 2014
Pentagon Steel Corp. v. CA, June 26, 2009
Supra Multi-Services v. Tambunting, August 3, 2016
Malayan Insurance Company v. Alibudbud, April 20, 2016

Voluntary Arbitration

Negros Metal Corp. v. Lamayo, August 25, 2010

Albert Teng Fish Trading v. Pahagac, November 17, 2010
Manila Pavillion v. Delada, January 25, 2012
Honda Cars v. Honda Cars Technical Specialists and Supervisors, November 19, 2014
PHILEC v. CA, December 10, 2014
Baronda v. CA, October 14, 2015

NLRC; Decision, Finality; Rule 65 Petition

Jordan v. Grandeur Security, June 18, 2014

Sarona v. NLRC, January 18, 2012
Metro Transit Organization v. PIGLAS NFWU-KMU, April 14, 2008
PHILTRANCO v. PWU-AGLO, February 26, 2014

Appeal

Prince Transport v. Garcia, January 12, 2011.

Unilever v. Rivera, June 3, 2013.

12
Appeal Bond

McBurnie v. Ganzon, EGI-Managers, Inc., October 17, 2013

Sara Lee v. Macatlang, June 4, 2014 and January 14, 2015
Balite v. SS Ventures, Feb. 2015
Hacienda Valentin-Balabag v. Secretary, February 11, 2008

Execution; Updating of Award

Nacar v. Gallery Frames, August 13, 2013

University of Pangasinan v. Fernandez, November 12, 2014
Metroguards Security v. Hilongo, March 9, 2015

Miscellaneous

Masmud v. NLRC, February 13, 2009 (attorney’s fees)

Arriola v. Pilipino Star Ngayon, August 13, 2014 (prescription)
Montero v. Times Transport, March 16, 2015 (prescription)
Phil. Carpet Manufacturing Corp. v. Tagyamon, December 11, 2013 (quitclaim)
Am-Phil Food Concepts v. Padilla, October 1, 2014 (quitclaim)

13
PART X
WAGES

1987 Constitution, Article XIII, Section 3

Labor Code, Article 218, 290 (as amended by R.A. 10395)

A. Concept and Definition

Labor Code: Article 97-98

Omnibus Rules: Book III, Rule VII, Sections 2-9

Tan v. Lagrama, August 15, 2002

Philippine Spring Water Resources v. Mahilum, June 11, 2014
Mabeza v. NLRC, April 18, 1997
Our Haus Realty Development Corporation v. Parian, August 6, 2014

B. Wage-Fixing

Labor Code: Articles 99, 101, 120-127

R.A. 6727, R.A. 8188, R.A. 9178
NWPC Guidelines No. 3, s. 2020, Omnibus Rules on Minimum Wage
Determination
NWPC Guidelines No. 2, s. 2012, Guidelines on Two-Tiered Wage System
Wage Order No. NCR-20-21

David v. Macasio, July 2, 2014

Nasipit Lumber Co. v. NWPC, April 27, 1998
ECOP v. NWPC, RTWPB-NCR and TUCP, September 24, 1991
Metropolitan Bank and Trust Company v. NWPC, February 6, 2007
NWPC and RTWP v. APL, March 12, 2014

Wage Distortion
Metropolitan Bank & Trust Company Employees Union-ALU-TUCP v.
NLRC, September 10, 1993
Prubankers Association v. Prudential Bank, January 25, 1999
Bankard Employees Union-WATU v. NLRC, February 17, 2004

C. Payment of Wages

Labor Code: Articles 102-105, 112-119 (check Art. 259 – Agency Fees, in
relation to Art. 112)
Omnibus Rules: Book III, Rule VIII

SHS Perforated Materials v. Diaz, October 13, 2010 (compare with Milan v.
NLRC, February 4, 2015)
Commando Security v. NLRC, July 20, 1992
Mabeza v. NLRC, April 18, 1997
Milan v. NLRC, February 4, 2015
Coca-Cola Bottlers Philippines v. CCBPI Sta. Rosa Plant Employees’ Union,
March 25, 2019

D. Thirteenth-Month Pay

Presidential Decree 851 (1975); Memorandum Order No. 28 (1986)

Revised Guidelines on the Implementation of the 13th Month Pay Law

14
 National Federation of Sugar Workers v. Ovejera, May 31, 1982
Dole Philippines v. Leogardo, October 23, 1982
Universal Corn Products v. NLRC, August 21, 1987
San Miguel Corporation v. Inciong, February 24, 1981
Philippine Duplicators v. NLRC, February 15, 1995
Boie-Takeda Chemicals v. Dela Serna, December 10, 1993
Philippine Agricultural Commercial and Industrial Workers Union v. NLRC,
August 14, 1995

E. Service Charge

Labor Code: Article 96, as amended by RA 11360 (2019)

Omnibus Rules: Book III, Rule VI

F. Non-Diminution

Labor Code: Articles 100

Sevilla Trading Co. v. Semana, April 28, 2004

Arco Metal Products v. Samahan ng mga Manggagawa sa Arco-Metal-
NAFLU, May 14, 2008
Globe Mackay Cable v. NLRC, June 29, 1988
Insular Hotel Employees Union v. Waterfront Insular Hotel Davao,
September 22, 2010
Asis v. Minister of Labor, March 15, 1989
American Wire and Cable Daily Rated Employees Union v. American Wire
and Cable, April 29, 2005
Royal Plant Workers Union v. Coca Cola Bottlers, April 15, 2013
Coca Cola Bottlers v. ICCPELU, December 5, 2018
Kondo v. Toyota Boshoku, September 11, 2019

G. Worker Preference

Labor Code: Article 110

Development Bank of the Philippines v. Labor Arbiter, March 8, 1989

Development Bank of the Philippines v. Secretary, November 28, 1989
Development Bank of the Philippines v. NLRC, March 19, 1990 (including
dissenting opinion)

H. ENFORCEMENT MECHANISM (FOR WAGES AND OTHER BENEFITS)

Labor Code: Arts. 128-129, 224, 234, 306-307

Guico v. Secretary, November 16, 1998

EJR Crafts v. CA, March 10, 2006
People’s Broadcasting v. Secretary, May 8, 2009 and March 6, 2012
South Cotabato Communications Corp. v. Sto. Tomas, June 15, 2016
Arriola v. Pilipino Star Ngayon, August 13, 2014
Auto Bus Transport Systems v. Bautista, May 16, 2005
Southeastern Shipping v. Navarra, June 22, 2010

DO 183-17: Revised Rules on the Administration And Enforcement of Labor Laws

Pursuant To Article 128 of the Labor Code, as Renumbered

I. Miscellaneous

15
 R.A. 8188 – Double Indemnity
Attorney’s Fees - Labor Code: Article 111

WORKING CONDITIONS

Introduction: Management Prerogative

San Miguel Brewery Sales v. Ople, February 8, 1989

PT & T v. NLRC, May 23, 1997
Goya v. Goya Employees Union, January 21, 2013

A. Coverage

Labor Code: Article 82

Omnibus Rules: Book III, Rule I, Sections 1-2

National Sugar Refineries Corp. v. NLRC, March 24, 1993

Penaranda v. Banganga Plywood Corp, May 3, 2006
San Miguel Brewery, Inc. v. Democratic Labor Organization, July 31, 1963
Auto Bus Transport Systems v. Bautista, May 16, 2005
Mercidar Fishing Corp. v. NLRC, October 8, 1998
Labor Congress of the Philippines v. NLRC, May 21, 1998
David v. Macasio, July 2, 2014
Apex Mining Company, Inc. v. NLRC, April 22, 1991

B. Hours of Work

Labor Code: Articles 83-90

Omnibus Rules: Book III, Rule I, Sections 3-11, Rule I-A, Rule II

Art. 83
Manila Terminal Co. v. CIR, July 16, 1952
San Juan De Dios Hospital Employees Association v. NLRC, November 28, 1997

Art. 84
Rada v. NLRC, January 9, 1992
University of Pangasinan Faculty Union v. University of Pangasinan, February
20, 1984
National Shipyards and Steel Corporation v. CIR, December 30, 1961

Art. 85
National Development Co. v. CIR, November 30, 1962
Sime Darby Pilipinas v. NLRC, April 15, 1998

Art. 87
Bisig ng Manggagawa ng PRC v. PRC, September 30, 1981
PAL Employees Savings and Loan Association, Inc. (PESALA) v. NLRC,
August 22, 1996

Art. 88
Lagatic v. NLRC, January 28, 1998

Art. 89
Interphil Laboratories Employees Union v. Interphil Laboratories, December 19,
2001
Ramirez v. Polyson Industries, October 19, 2016

16
 Art. 86
Mercury Drug Co. v. Dayao, September 30, 1982

Evidence
Prangan v. NLRC, April 15, 1998
National Semiconductors Distribution Ltd. V. NLRC, June 26, 1998

C. Rest Periods and Holidays

Labor Code: Articles 91-94

Executive Order 203 & 292 (1987), as amended by RA 9492
Omnibus Rules: Book III, Rules III-IV
R.A. 9849, December 11, 2009; RA 10966, Dec. 28, 2017
Proclamation No. 845, 2019

Jose Rizal College v. NLRC, December 1, 1987

San Miguel Corp. v. CA, January 30, 2002
Insular Bank of Asia and America Employees Union (IBAAEU) v. Inciong,
October 23, 1985
Wellington Investment & Manufacturing Corp. v. Trajano, July 3, 1995
Caltex Regular Employees at Manila Office v. Caltex, August 15, 1995
A. Soriano Aviation v. Employees Association of A. Soriano, August 14, 2009

Divisor
Chartered Bank Employees’ Association v. Ople, August 28, 1985
Odango v. NLRC, June 10, 2004

D. Service Incentive Leave

Labor Code: Articles 95

Omnibus Rules: Book III, Rule V

Cebu Institute of Technology v. Ople, December 18, 1987

Auto Bus Transport Systems v. Bautista, May 16, 2005

E. Employees Paid by Results

Labor Code: Article 101

Tan v. Lagrama, August 15, 2002
Serrano v. Severino Santos Transit, August 9, 2010
Labor Congress of the Philippines v. NLRC, May 21, 1998
David v. Macasio, July 2, 2014
Lim & Sons v. Guilaran, February 6, 2019

F. Miscellaneous:

• Compressed work-week - DOLE Department Advisory No. 4, s. 2010

• R.A. 11165, Telecommuting Act
• LabStat Updates, Vol. 21 No. 3 March 2017, Decent Work in the Philippines
Statistics on Decent Hours of Work (Part 2)
• Department Order No. 118-12, Rules and Regulations Regarding the Employment
and Working Conditions of Drivers and Conductors in the Public Utility Bus
Transport Industry
• Labor Advisory No. 4, series of 2016, Working Conditions in the Movie and
Television Industry
• Department Order No. 178-17, Safety and Health Measures for Workers Who by
the Nature of Their Work Have to Stand at Work

17
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES

A. Women

Labor Code: Articles 130, 132-136

Omnibus Rules: Book III, Rule XII, Sections 1, 4-14

R.A. No. 9710, Magna Carta of Women, Section 1-3, 4 (b) & k, 22, 35, 41
Anti-sexual Harassment Act of 1995, R.A. 7877
Safe Spaces Act, R.A. 11313

Philippine Telegraph & Telephone Co. v. NLRC, May 23, 1997

Libres v. NLRC, May 28, 1999
Domingo v. Rayala, February 18, 2008
Re: Anonymous complaint against Atty. Cresencion P. Co Untian, Jr., AC
No. 5900, April 10, 2019
Duncan Association of Detailman v. Glaxo Wellcome, September 17,
2004
Star Paper Corp. v. Simbol, April 12, 2006
Alilem Credit Cooperative v. Bandiola, February 25, 2013
Leus v. St. Scholastica’s College Westgrove, January 28, 2015
Saudi Arabian Airlines [SAUDIA] v. Rebesencio, January 14, 2015
Inocente v. St. Vincent Foundation, June 22, 2016
Capin-Cadiz v. Brent Hospital and Colleges, February 24, 2016

Maternity Leave and Paternity Leave

R.A. 11210, 105-Day Expanded Maternity Leave Law, and its

Implementing Rules (Compare with R.A. No. 11199, Social Security
Act, Section 14-A)
R.A. No. 8187, Paternity Leave Act
Implementing Rules and Regulations of R.A. 8187
CSC Memorandum Circular No. 01-2016

VAWC Victim’s Leave

R.A. 9262, Anti-Violence Against Women and their Children Act, Section
3 (a), 5, 43
Rules and Regulations Implementing Republic Act No. 9262, Section 42

Solo Parent’s Leave

R.A. No. 8972, Solo Parents’ Welfare Act of 2000, Section 3 (a), 6-8
Implementing Rules and Regulations of R.A. No.8972, Section 16-21

Special Leave

R.A. No. 9710, Magna Carta of Women, Section 18

Implementing Rules and Regulations of R.A. No. 9710, Section 7 (M), 21

B. Night Workers

Labor Code: Articles 154-161 (as amended by R.A. 10151)

D.O. 119-12

For reference: check the repealed Article 130-131

18
C. Minors

Labor Code: Articles 137-138

Omnibus Rules: Book III, Rule XII, Sections 2-3
R.A. 7610, Special Protection Against Child Abuse, Exploitation and
Discrimination Act, Section 12, as amended by R.A. 7658
R.A. No. 9231, An Act Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for the Working Child

D. Househelpers

R.A. 10361, Kasambahay Law

Implementing Rules for Kasambahay Law

Apex Mining Company, Inc. v. NLRC, April 22, 1991

Remington Industrial v. Castaneda, November 20, 2006

E. Homeworkers

Labor Code: Articles 151-153

DOLE Department Order No. 5, series of 1992

F. Handicapped/Disabled

R.A. 7277, Magna Carta for the Disabled, Sections 4 (a-d, i), 5-11, 32-33
Labor Code: Articles 78-81
Omnibus Rules: Book II, Rule VIII

Bernardo v. NLRC, July 12, 1999

HUMAN RESOURCES DEVELOPMENT PROGRAM

A. National Manpower Development Program - Government Machinery

Labor Code: Articles 43-56 (insofar as they have not been modified)
The TESDA Act: R.A. 7796

B. Apprenticeship and Learnership

Labor Code: Articles 57-77

Omnibus Rules: Book II, Rules VI-VII
The Dual Training System Act: R.A. 7686

Nitto Enterprises v. NLRC, September 29, 1995

Filamer Christian Institute v. IAC, August 17, 1992
Atlanta Industries v. Sebolino, January 26, 2011

C. Employment of Aliens

Labor Code: Articles 40-42

Omnibus Rules: Book I, Rule XIV

General Milling Corp. v. Torres, April 22, 1991

International School Alliance of Educators (ISAE) v. Quisumbing, June 1,
2000
McBurnie v. Ganzon, EGI-Managers, Inc., October 17, 2013

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PRE-EMPLOYMENT, MIGRANT WORKERS

R.A. 8042, Migrant Workers & Overseas Filipino Act, as amended by RA 10022
Implementing Rules, Migrant Workers and Overseas Filipino Act
D.O. 141-14 – Revised Rules and Regulations Governing Recruitment and
Placement for Local Employment

A. Principles and Definitions

Labor Code: Articles 12 - 13

R.A. 8042 (Migrant Workers and Overseas Filipino Act): Secs. 2 - 5
Omnibus Rules Implementing R.A. 8042, secs. 1 - 2
1991 POEA Rules: Book I, Rules I – II

JMM Promotion and Management, Inc. v. CA, November 22, 1993

Philippine Ass. of Service Exporters, Inc. v. Drilon, June 30, 1988
Philippine National Bank v. Cabansag, June 21, 2005

B. Recruitment and Placement

1. Definition; Illegal Recruitment; Prohibited Acts

Labor Code : Articles 13(b), 34, 35, 38, 39

R.A. 8042: Secs. 6-9
Rules Implementing R.A. 8042: Secs. 9-13

People vs. Diaz, July 26, 1996

Aquino vs. Court of Appeals, November 21, 1991
People v. Señoron, January 30, 1997
People v. Panis, July 11, 1990
People v. Goce, August 39, 1995
Darvin v. CA, July 13, 1998
People v. Yabut, October 5, 1999
People v. Saulo, November 15, 2000
Athenna International Manpower v. Villanos, April 15, 2005
Rodolfo v. People of the Phil., August 10, 2006
People v. Abella, January 20, 2016

2. Regulation of Recruitment and Placement Activities

Labor Code: Art. 16, 18, 25-33, 35-37

R.A. 8042, secs. 29 - 30

Eastern Assurance Corp. vs. Secretary of Labor, January 17, 1990

Capricorn Travel and Tours vs. CA, April 3, 1990
Stronghold Insurance Co. vs. CA, January 30, 1992
Catan v. NLRC, April 15, 1988
Royal Crown v. NLRC, October 16, 1989
Trans Action Overseas Corp. v. Secretary of Labor, September 5, 1997
Salazar v. Achacoso, March 14, 1990
Republic v. Human Link Manpower, April 22, 2015

3. Contracts

1991 POEA Rules: Book V, Rule II

Labor Code: Arts. 34-35

20
Virjen Shipping v. NLRC, November 18, 1983, July 20, 1982
Suzara v. Benipayo, August 15, 1989
Seagull Maritime v. Balatongan, February 28, 1989
Chavez v. Bonto-Perez, March 1, 1995
Interorient Maritime Enterprises, Inc. v. NLRC, September 16, 1996
Placewell International Services v. Camote, June 26, 2006
Sunace International Management Services v. NLRC, January 25, 2006
Santiago v. C.F. Sharp, July 10, 2007

4. Government Machinery

Labor Code: Articles 14-21, 24 (Note: Art.15,17,19 have been repealed)

E.O. 247 (1987) (POEA Organization)
R.A. 8042: secs. 13 - 30, 32- 34
RA 10801 - OWWA
B.P. 79 (Commission on Filipinos Overseas)

5. Other matters incidental to Overseas Employment

a. Repatriation: R.A. 8042, secs. 14 - 18, 36;

Omnibus Rules Implementing R.A. 8042, secs. 52 - 61

Equi-Asia Placement, Inc. v. DFA, September 19, 2006

b. Foreign Exchange Remittance

Labor Code: Art. 22
E.O. 857 (1982)
Rules Implementing EO 857: Rule 2, sec. 4; Rule 5, secs. 1 - 5

c. Exemption from taxes and fees; scholarship

R.A. 8042: secs. 35-37

d. Migrant Workers’ Day: R.A. 8042: sec. 39

e. Incentives to Professionals: R.A. 8042: sec. 31
f. Disciplinary Actions: 1991 POEA Rules, Book VII, Rule 7

6. Dispute Settlement

Labor Code: Arts. 36 -37

RA 8042: Secs. 9 - 13
Omnibus Rules Implementing R.A. 8042, secs. 28 - 29
Acuña v. CA, May 5, 2006
Serrano vs. Gallant Maritime, March 24, 2009
Sameer Overseas v. Cabiles, August 5, 2014
Yap v. Thenamaris Ship’s Management, May 30, 2011
Skippers United v. Doza, February 8, 2012
Stolt-Nielsen v. Medequillo, January 18, 2011
Estate of Nelson Dulay v. Aboitiz Jebsen Maritime, June 13, 2012
Hon. Sto. Tomas v. Salac, November 13, 2012
GBMLT Manpower Services v. Malinao, March 7, 2016
Industrial Personnel & Management Services (IPAMS) v. De Vera, March 7, 2016
Dagasdas v. Grand Placement, January 18, 2017

7. Miscellaneous

R.A. No. 10706 – Seafarers Protection Act

21
HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

A. Medical Dental and Occupational Safety (Art 162-171)

R.A. 11058

B. Employees’ Compensation (Art 172-178)

Sarmiento v. ECC, May 11, 1988

Belarmino v. ECC, May 11, 1990
Hinoguin v. ECC, April 17, 1989
GSIS v. CA and Alegre, April 20, 1999
Valeriano v. ECC, June 8, 2000
Alano v. ECC, March 16, 1988
Lazo v. ECC, June 18, 1990
NFD International Manning Agents v. Illescas, September 29, 2010
Torillos v. Eastgate Maritime, January 10, 2019
Menez v. ECC, April 25, 1980
Clemente v. GSIS, July 31, 1987
Narazo v. ECC, February 6, 1990
Orate v. CA, March 26, 2003
Elburg Shipmanagement Phils., Inc. v. Quiogue, July 29, 2015

Art. 179

Ortega v. Social Security Commission, June 25, 2008

Ysmael Maritime v. Avelino, June 30, 1987
P.D. 1921 (DOJ Opinion, May 23, 1989, and January 12, 1990)

C. Social Security (Focus on Coverage, Benefits, Beneficiaries)

R.A. 11199 (SSS)

Social Security Commission v. Azote, April 15, 2015

R.A. 8291 (GSIS)

Limited Portability Law, R.A. No. 7699

R.A. 7875,as amended by R.A. 9241,10606, &11223 (Universal Health Care Act)

R.A. 10754 (An Act Expanding the Benefits and Privileges of PWDs)

22