LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s

2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019

Compiled by: Kira Jorgio

SYLLABUS (A.Y. 2018-2019) Articles 82-94

Employer-Employee Relationship
R.A. No. 8042, as amended, and its IRR (Migrant Workers Act)
1. Francisco v. NLRC August 21, 2006
Cases: 2. Sonza v. ABS CBN, June 10, 2004
1. People v. Chua, March 10, 2010 3. Javier v. Flyace Corp. Feb 15, 2012
2. People v. Gallo, June 29, 2010 4. SMCEU v. Judge Bersamira (in Azucena)
3. Yap v. Thenamaris Ship Management, May 30, 2011 5. Locsin et. al. v. PLDT, October 2, 2009
4. People v. Panis, 142 SCRA 667 6. People’s Broadcasting Service v. Sec of Labor, March 6, 2012
5. Trans Action Overseas Corporation v. DOLE Secretary, September 5, 1997 7. Ymbong v. ABS-CBN, March 7, 2012
6. Republic v. Principalia Management and Personnel Consultants Inc. April 19, 2006 8. Professional Services v. CA, February 11, 2008
7. Datuman v. First Cosmopolitan Manpower, November 14, 2008 9. South East International Rattan Inc. v. Coming, March 12, 2014
8. Stolt- Nielsen Transportation Group Inc. v. Medequillo, January 18, 2012 10. Tenazas et. al. v. R. Villegas Taxi Transport, April 2, 2014.
9. People v. Dela Piedra, January 24, 2001 11. Tongko v. Manufacturer’s Life Insurance Co., November 7, 2008
10. Estate of Nelson Dulay v. Aboitiz Jebsen Maritime, June 13, 2012 12. TAPE Inc. v. Servana, January 28, 2008
11. Santiago v. CF Sharp Crew Management, July 10, 2007 13. Encyclopedia Britannica v NLRC, November 4, 1996
12. Sameer Overseas Placement v. Cabilles, August 5, 2014 14. Atok Big Wedge Co. Inc. v. Gison, August 2011
13. IPMS v. Arriola, March 7, 2016 15. Dumpit Murillo v. CA, June 28, 2011
14. Sunace International Management Service v. NLRC, January 25, 2006 16. Bernardo v. PBA, September 14, 2011
15. Maersk- Filipinas Crewing Inc. v. Avestruz, February 18, 2015 17. Jardin v. NLRC, February 23, 2000
16. Gagui v. Dejero, October 23, 2013 18. Chavez v. NLRC, January 17, 2005
17. AMCOW v. GCC Approved Medical Centers Association, December 6, 2016 19. Coca-Cola Bottlers Inc. v. Climaco, February 2007
18. Gargallo v. DOHLE Seafront Crewing, August 17, 2016 20. Gabriel v. Bilon, February 2007
19. Princess Talent Center v. Masagca, April 11, 2018 21. Felix v. Buenaseda, January 7, 1995
20. David v. Marquez, June 5, 2017 22. Autobus Transport v. Bautista
21. Powerhouse Staff Builders International Inc. v. Romelia Rey et al., November 7, 2016 23. David v. Macasio, July 4, 2014
24. Begino v. ABS-CBN, April 20, 2015
R.A. No. 8759, as amended by R.A. No. 10691 and its IRR (D.O. No. 157-16) PESO Act of 1991 25. Chevron Phils. v. Galit, October 7, 2015
26. Manila Memorial Park v. Lluz, (2016 case)
Revised POEA Rules 2016 (for land-based workers) 27. Diamond Farms v. Southern Federation of Labor Workers, January 13, 2016 (also
applicable to Certification Elections)
D.O. No. 141-14 Rules and Regulations Governing Private Recruitment and Placement Agency for 28. SUMIFRU (Phil) Corp. v. NAMASUFA-NAFLU-KMU, June 7, 2017
Local Employment 29. Weslayan University Phils. v. Maglaya, January 23, 2017
30. Nestle Phil. v. Pineda, January 30, 2017
Articles 22-81 31. Valenzuela v. Alexandra Mining Ventures, October 5, 2016
32. HSY Marketing Ltd. v. Villastique, August 17, 2016
• D.O. No. 186-17, Revised Rules for the Issuance of Employment Permits to Foreign
Nationals Handbook on Workers Statutory Monetary Benefits
• D.O. No. 65-04, IRR of R.A. No. 9231 as amending R.A. No. 7610.
Latest NCR Wage Order
• D.C. No. 2 Series of 2018.
• Magna Carta of Disabled Persons D.O. No. 118-12 Series of 2012
o L.A. No. 14 Series of 2018.
• Expanded Senior Citizens Act and its IRR Expanded Breastfeeding Act
• R.A. No. 10771 and D.O. No. 180-17, Philippine Green Jobs Act of 2016 and its IRR
D.O. No. 143-15 (exemption)
• R.A. No. 10869 and D.O. No. 179-17, Jobstart Philippines Act and its IRR.
D.O. No. 184-17 Safety and Health Measures for Workers, who, by the Nature of their Work, Have
Cases: to Spend Long Hours Sitting
1. Century Canning Corp v. CA, August 17, 2007
2. Bernardo v. NLRC, July 12, 1999 D.O. No. 178-17 Safety and Health Measures for Workers, who by the Nature of their Work, Have
to Stand at Work

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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

1. P.I. Manufacturing Inc. v. P.I. Manufacturing Supervisors and Forman

Article 95 Association, February 4, 2008
2. Bankard Employees Union-Workers Alliance Trade Unions v. NLRC, February
1. Autobus Transport Systems v. Bautista May 16, 2005 17, 2004

Article 97 13th month pay

1. Songco et. al. v. NLRC, March 23, 1990 1. Central Azucarera de Tarlac v. Central Azucarera de Tarlac Labor Union, July
2. Millares et. al v. NLRC, March 29, 1999 26, 2010
(Facilities v. supplements)
3. SLL International Cables Specialist et. al. v. NLRC, March 2, 2011 Article 128

Article 100 1. People’s Broadcasting Service v. Secretary of Labor, March 6, 2012

2. Yanson v. Secretary of Labor, February 11, 2008
1. American Wire and Cable Daily Rated Employees Union v. American Wire and 3. Balladares et. al. v. Peak Ventures Corporation, June 16, 2009
Cable Co. Inc., April 29, 2005 4. Allied Investigation Bureau v. Sec of Labor, November 24, 1999
2. TSPIC Corp v. TSPIC Employees Union (FFW), February 13, 2008 5. Urbanes v. Sec of Labor, February 19, 2003
4. (Bonus)
3. Lepanto Ceramics Inc. v. Lepanto Ceramics Employees Association, March 2, Article 130-131, repealed
2010
4. Eastern Telecom Phils. v. Eastern Telecoms Employees Union, February 8, 2012 See new provisions on 154-161 under RA 10151

Article 106 Maternity Leave Benefits under SSS

D.O. No. 174-17 Battered Woman Leave

E.O. No. 51 Series of 2018
Magna Carta of Women Leave
1. GSIS v. NLRC, November 17, 2010
2. Aliviado et. al. v. Proctor and Gamble Philippines, June 6, 2011
3. Mandaue Galleon Trade Inc. v. Andales, et. al, March 7, 2008 Article 134 (formerly Article 136)
4. Spic n’span Services Corporation v. Paje et. al., August 25, 2010
1. 1.Zialcita v. PAL February 20, 1977
Article 110 2. Star Paper Corporation v. Simbol, April 12, 2006

1. DBP v. NLRC, March 1, 1995 Sexual harassment

Article 111 1. Domingo v. Rayala, February 18, 2008

2. Phil. Aeolus Automotive United Corp. v. NLRC, April 28, 2000
1. Hoegh Fleet Services Phil. v. Turallo, July 26, 2017
Article 139 (formerly Article 141)
Article 113
(1) Apex Mining Co. v. NLRC, April 22, 1991
1. SHS Perforated Materials Inc. v. Diaz, October 13, 2010
2. D.O. No. 195 Series of 2018 Domestic Workers Act and its IRR and recent wage order on DW
L.A. No. 17, Series of 2018
LA No. 11 Series 2014 L.A. No. 10, Series of 2018

Article 118 R.A. No. 10911 and its IRR, Anti Age Discrimination in Employment Act
R.A. 11165 – Telecommuting Act
1. Panaligan v. Phyrith Enterprises Corp., June 21, 2017 R.A. 11210 – Maternity Leave Extension
R.A. 11227 – POEA Handbook
Article 124
Book IV

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

10. DAR v. Carriedo, October 10, 2018

D.O. No. 198, Series of 2018
D.O. No. 196 Series of 2018
DISCLAIMER
1. GSIS v. CA, January 2008 Some of the information in this material are complete and true to my knowledge. All
2. Salmone v. ECC, September 26, 2000 recommended answers, especially to the hypothetical questions, are without
3. Heirs of Deauna v. Fil Star Maritime Corporation, June 20, 2012 guarantee. Liability may be disclaimed in the use of this information.
4. Debaudin v. SSS, September 21, 2007
5. Austria v. CA, August 12, 2002 ALSO: Use at your own risk
6. Gatus v. SSS, January 26, 2011
7. Republic of the Phils. v. Mariano, March 28, 2003
8. Magsaysay Maritime Corporation v. Lobusta, January 25, 2012
9. SSS v. Azote, April 15, 2015
10. Marlow Navigation v. Ganal, June 7, 2017 GENERAL PRINCIPLES
11. Seapower Shipping v. Sabanal, June 19, 2017
12. GSIS v. Pauig, January 30, 2017 1. Labor laws – governs the rights and duties of employers and employees, first with
13. CF Sharp v. Castillo, April 19, 2017 respect to the terms and conditions of employment, and second with respect to the
14. Dionio v. Transglobal Martime, November 19, 2018 labor disputes arising from collective bargaining respecting such terms and
15. Guerrero v. Phil Transmarine Carrier, October 3, 2018 conditions
16. Phil. Hammonia Ship Agency v. Israel, October 3, 2018
17. CF Sharp v. Santos, August 1, 2018 2. Labor Standards – deals with the minimum standards as to wages, hours of work and
18. Magsaysay MOL Marine Inc. v. Atraje, July 23, 2018 other terms and conditions of employment that employers must provide their
19. Dionio v. ND Shipping Agency and Allied Services, August 15, 2018
employees (Other examples: medical & death benefits, right to due process)
RA 9679 – PAGIBIG Home Development Fund
3. Labor Relations - defines the status rights and duties as well as the institutional
SSS Law mechanisms that govern the individual and collective interactions between
1. SSC v. Azcote, April 15, 2015 employers, employees and their representatives.
2. SSS v. Favilla, March 28, 2011
3. Mendoza v. People, August 3, 2010
4. SSS v. Signey, January 28, 2008 4. Difference between a union and an association
5. SSS v. Jarque, March 24, 2006

GSIS Law An association is an organization with a common purpose (ex: with respect to benefits), while
1. Gersip Association v. GSIS, October 16, 2013 a union has a right to collective bargaining
2. GSIS v. De Leon, November 17, 2010
3. GSIS v. Alcaraz, February 6, 2013
5. Is picketing a form of a strike?
RA 7699 - Limited Portability Law.
R.A. 10606 and its IRR – PHILHEALTH LAW
R.A. 11228 – Mandatory PhilHealth coverage for Disabled Persons A strike is a temporary stoppage of work by concerted actions of employees arising from a
R.A. 11223 – Universal Healthcare Law labor dispute

Agrarian Law 6. What is conciliation?

1. Sec of DAR v. Dumagpi (2015 case)
2. Landbank v. Alsua, February 2015 Settlement of labor disputes
3. Hacienda Luisita v. PARC, July 2011
4. Lebrudo v. Loyola, March 9, 2011 7. What is a charter?
5. Bumagat et al., v. Arriba, June 9, 2014
6. DAR v. Carriedo, January 20, 2016 Description of an organization’s functions
7. Vivencio Mateo et al. v. DAR, February 2017
8. Landbank v. Heirs of Tanada et al., January 11, 2017 8. Article 4, how do you construe?
9. Robustum Agricultural Corp v. DAR, November 19, 2018

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

The workingman’s welfare should be the primordial and paramount consideration. However, 14. Hypo: ruling in People v. Panis, in relation to the definition of recruitment and
there must be balance given to the exercise of the management rights of the employer. placement

As between an IRR and a special law, the special law must prevail. Because an IRR is only a 15. Can government agencies engage in recruitment and placement?
legislative function
Art. 16, LC.
9. Who are an employer, worker and employee?
16. What if the niece of janitor applies for position of Labor Arbiter?
Employer – one for whom employees work and who pays their wages or salaries, any
person natural or juridical, domestic or foreign, who carries on in the Philippines any 17. Daughter of NBI director?
trade, business, industry, undertaking or activity of any kind and uses the services of
another person who is under his order as regards the employment *Qualify whether overseas or local.

Employee – any person who performs services for an employer in which either or 18. Powers of the POEA
both mental and physical efforts are used and who receives compensation for
such services, where there is employer -employee relationship. a) Suspend/cancel license
b) Order refund of illegal charges
Worker – any member of the labor force, whether employed or unemployed c) Deployment of Filipino workers

10. Constitutional basis? 19. Does the POEA have judicial powers?

*check mem-aid NO, only quasi-judicial.

11. What is the “Protection to Labor clause” in the Constitution? 20. Quasi-judicial powers

Art III, Sec. 13. Yes, administrative. But only those concerning disciplinary cases of OFW, pre-
employment cases, with respect to licenses, etc.
12. Does Article 6 apply to all workers?
21. Powers of the BLE?
AS A GENERAL RULE, YES.
EXCEPTIONS: Article 15. The Bureau of Employment Services shall be primarily responsible for
a. Corporate officers/Intra -corporate disputes developing and monitoring a comprehensive employment program. It shall have the
b. Employees of government -owned or controlled corporations (GOCCs) power and duty:
created by special or original charter.
i. Corps with original charter refers to corporations chartered by a. To formulate and develop plans and programs to implement the
special law from Congress. Subject to CIVIL SERVICE LAW employment promotion objectives of this Title;
ii. As distinguished from corporations organized under our b. To establish and maintain a registration and/or licensing system to regulate
general incorporation statute, the Corporation Code. Subject to private sector participation in the recruitment and placement of workers,
LABOR CODE. locally and overseas, and to secure the best possible terms and conditions
c. Local water districts, except where NLRC jurisdiction is involved of employment for Filipino contract workers and compliance therewith
d. Foreign governments under such rules and regulations as may be issued by the Minister of
e. International Agencies Labor;
c. To formulate and develop employment programs designed to benefit
13. Requisites of valid recruitment and placement disadvantaged groups and communities;
d. To establish and maintain a registration and/or work permit system to
“Recruitment and placement” refers to any act of canvassing, enlisting, contracting, regulate the employment of aliens; To develop a labor market information
transporting, utilizing, hiring or procuring workers, and includes referrals, contract system in aid of proper manpower and development planning;
services, promising or advertising for employment, locally or abroad, whether for profit e. To develop a responsive vocational guidance and testing system in aid of
or not: Provided, That any person or entity which, in any manner, offers or promises for proper human resources allocation; and
a fee, employment to two or more persons shall be deemed engaged in recruitment f. To maintain a central registry of skills, except seamen.
and placement
The regional offices of the Ministry of Labor shall have the original and exclusive
jurisdiction over all matters or cases involving employer-employee relations including

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

money claims, arising out of or by virtue of any law or contracts involving Filipino a) Provide advice and assistance to the President (Prime Minister) of the
workers for overseas employment except seamen: Provided, That the Bureau of Philippines and the Batasang Pambansa in the formulation of policies and
Employment Services may, in the case of the National Capital Region, exercise such measures affecting Filipinos overseas;
power, whenever the Minister of Labor deems it appropriate. The decisions of the b) Formulate, in coordination with agencies concerned, an integrated program
regional offices of the Bureau of Employment Services, if so authorized by the Minister for the promotion of the welfare of Filipinos overseas for implementation by
of Labor as provided in this Article, shall be appealable to the National Labor Relations suitable existing agencies;
Commission upon the same grounds provided in Article 223 hereof. The decisions of c) Coordinate and monitor the implementation of such an integrated program;
the National Labor Relations Commission shall be final and unappealable. d) Initiate and directly undertake the implementation of special projects and
(Superseded by Exec. Order 797, May 1, 1982). programs, whenever necessary, to promote the welfare of Filipinos
overseas with respect to their interests and activities in the Philippines;
The Minister of Labor shall have the power to impose and collect fees based on rates e) Serve as a forum for preserving and enhancing the social, economic and
recommended by the Bureau of Employment Services. Such fees shall be deposited in cultural ties of Filipinos overseas with their motherland;
the National Treasury as a special account of the General Fund, for the promotion of f) Provide liaison services to Filipinos overseas with appropriate government
the objectives of the Bureau of Employment Services, subject to the provisions of and private agencies in the transaction of business and similar ventures in
Section 40 of Presidential Decree No. 1177. the Philippines;
g) Promulgate rules and regulations to carry out the objectives of this Act;
22. What is the nature of a complaint in the POEA? h) Call upon any agency of the Government, including government-owned or
controlled corporations, to render whatever assistance is needed in the
Administrative pursuance of the objectives of this Act; and
i) Perform such other related functions as may be directed by the President
23. What is direct hiring? (Prime Minister) or assigned by law.

Refer to workers directly hired by employers for overseas employment as authorized 28. What is PESO?
by the Secretary of Labor and process by the POEA, including:
Public Employment Service Offices. The Public Employment Service Office or PESO is
• Those hired by international organizations a non-fee charging multi-employment service facility or entity established or accredited
• Those hired by members of the diplomatic corps; and pursuant to Republic Act No. 8759 otherwise known as the PESO Act of 1999.
• Name hires or workers who are able to secure overseas employment
opportunities with employers without the assistance or participation of any To carry out full employment and equality of employment opportunities for all, and for
agency this purpose, to strengthen and expand the existing employment facilitation service
machinery of the government particularly at the local levels there shall be established
24. Why does law prohibit it? in all capital towns of provinces, key cities, and other strategic areas a Public
Employment Service Office, Hereinafter referred to as PESO, which shall be
• To assure the best possible terms and conditions of work to the employee community-based and maintained largely by local government units (LGUs) and a
• To assure the foreign employer that he hires only qualified Filipino worked number of non-governmental organizations (NGOs) or community-based organizations
• To insure compliance with the Labor Code provisions on the solidary (CBOs) and state universities and colleges (SUCs). The PESOs shall be linked to the
liability of private employment and recruitment agencies with their foreign regional offices of the Department of Labor and Employment (DOLE) for coordination
principal and technical supervision, and to the DOLE central office, to constitute the national
employment service network.
25. What is name hiring?
29. Services of PESO
A name hire is a worker who is capable to secure employment overseas on his own
without the assistance or participation of any agency or entity a. Jobs Fairs - these shall be conducted periodically all over the country to
bring together in one venue job seekers and employers for immediate
26. What is CFO? matching;
b. Livelihood and Self-employment Bazaars - these will give clients
Commission of Filipino Overseas information on the array of livelihood programs they choose to avail of,
particularly in the rural areas;
27. Powers of the CFO? (B.P. Blg. 79) c. Special Credit Assistance for Placed Overseas Workers - this type of
assistance will enable poor but qualified applicants to avail of opportunities
Section 3. Powers and Functions. The Commission shall have the following powers for overseas employment;
and functions: d. Special Program for Employment of Students and Out-of-School Youth
(SPESOS) - this program shall endeavor to provide employment to

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

deserving students and out-of-school youths and out-of-school youths Such liabilities shall continue during the entire period or duration of the employment contract and
coming from poor families during summer and/or Christmas vacations as shall not be affected by any substitution, amendment or modification made locally or in a foreign
provided for under Republic Act No. 7323 and its implementing rules, to country of the said contract.
enable them to pursue their education;
e. Work Appreciation Program (WAP) - this program aims to develop the Any compromise/amicable settlement or voluntary agreement on money claims inclusive of
values of work appreciation and ethics by exposing the young to actual damages under this section shall be paid within thirty (30) days from approval of the settlement by
work situations; the appropriate authority.
f. Workers Hiring for Infrastructure Projects (WHIP) - this program is in
pursuance of Republic Act No. 6685 which requires construction In case of termination of overseas employment without just, valid or authorized cause as defined
companies, including the Department of Public Works and Highways and by law or contract, or any unauthorized deductions from the migrant worker's salary, the worker
contractor for government-funded infrastructure projects, to hire thirty shall be entitled to the full reimbursement of his placement fee and the deductions made with
percent (30%) of skilled and fifty percent (50%) of unskilled labor interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his
requirements from the areas where the project is constructed/located; and employment contract or for three (3) months for every year of the unexpired term, whichever is
g. Other programs/activities developed by DOLE to enhance provision of less.
employment assistance to PESO clients, particularly for special groups of
disadvantaged workers such as persons with disabilities (PWDs) and In case of a final and executory judgement against a foreign employer/principal, it shall be
displaced workers. automatically disqualified, without further proceedings, from participating in the Philippine
Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it
fully satisfies the judgement award.

MIGRANT WOKERS ACT Noncompliance with the mandatory periods for resolutions of case provided under this section
Laws: R.A. 10022, as amended and its IRRs and ORRs. shall subject the responsible officials to any or all of the following penalties:
Frequently Asked Cases: Sameer Overseas Placement v. Cabilles, Yap v. Thenamaris Ship a) The salary of any such official who fails to render his decision or resolution within the
Management, People v. Chua, Sto. Tomas v. Salac, IPAMS v. Arriola, Sunace International prescribed period shall be, or caused to be, withheld until the said official complies
Management Service v. NLRC, Princess Talent Center v. Masagca, Gargallo v. Dohle therewith;
b) Suspension for not more than ninety (90) days; or
1. Who is an Overseas Filipino Worker? c) Dismissal from the service with disqualification to hold any appointive public office for
five (5) years.
refers to a person who is to be engaged, is engaged or has been engaged in a remunerated
activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign Provided, however, That the penalties herein provided shall be without prejudice to any liability
seas other than a government ship used for military or non-commercial purposes or on an which any such official may have incurred under other existing laws or rules and regulations as a
installation located offshore or on the high seas; to be used interchangeably with migrant worker. consequence of violating the provisions of this paragraph.

(2) Sec. 10, RA 8042, as amended. (3) Application of Sec. 10, R.A. 8042 in the case of Yap v. Thermaris.

SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters (4) Overseas Filipino Workers in distress
of the National Labor Relations Commission (NLRC) shall have the original and exclusive
jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the Overseas Filipino who has a medical, psycho-social or legal assistance problem requiring
claims arising out of an employer-employee relationship or by virtue of any law or contract treatment, hospitalization, counseling, legal representation as specified in Rule IX of these Rules
involving Filipino workers for overseas deployment including claims for actual, moral, exemplary or any other kind of intervention with the authorities in the country where he or she is found.
and other forms of damage. Consistent with this mandate, the NLRC shall endeavor to update and
keep abreast with the developments in the global services industry. (5) May a daughter of an OFW be considered as an OFW in distress?

The liability of the principal/employer and the recruitment/placement agency for any and all claims YES, provided, that the daughter is living abroad with the parent.
under this section shall be joint and several. This provision shall be incorporated in the contract for
overseas employment and shall be a condition precedent for its approval. The performance bond (6) Is an OFW in distress cover ‘Homesickness’?
to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all
money claims or damages that may be awarded to the workers. If the recruitment/placement No, although psychological, it is not one of those requiring treatment as provided by
agency is a juridical being, the corporate officers and directors and partners as the case may be, law.
shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid
claims and damages. (7) If the dependent of the OFW killed someone, can the legal assistance fund be
used?

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Compiled by: Kira Jorgio

YES, because the dependent falls within the definition of ‘Overseas Filipino Worker’ Members of the POEA governing Board who allowed the deployment without DFA
certification shall suffer the penalties of
(8) Primary functions of Legal Assistance Council
• Removal or dismissal from service with disqualification to hold any
SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created appointive public office for 5 years.
under the preceding section shall be used exclusively to provide legal services to
migrant workers and overseas Filipinos in distress in accordance with the guidelines, Any government official responsible for allowing the deployment in direct
criteria and procedures promulgated in accordance with Section 24 (a) hereof. contravention to POEA prohibition shall suffer the same penalties.

The expenditures to be charged against the Fund shall include the fees for the foreign (14) Who can issue a deployment ban?
lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent
migrant workers facing charges or in filing cases against erring or abusive employers The POEA Governing Board after consultation with DFA. It is determined by national
abroad, bail bonds to secure the temporary releases and other litigation expenses: interest OR when public welfare requires it.
Provided, That at the end of every year, the Department of Foreign Affairs shall include
in its report to Congress, as provided for under Section 33 of this Act, the status of the (15) How about travel advisories?
Legal Assistance Fund, including the expenditures from the said fund duly audited by
the Commission on Audit (COA): Provided, further, That the hiring of foreign legal Sec. 7. Travel Advisory. The DFA shall issue travel advisories as the need arises. A
counsels, when circumstances warrant urgent action, shall be exempt from the “travel advisory” is a notice to the traveling public normally for a security reason and
coverage of Republic Act No. 9184 or the Government Procurement Act. based on the prevailing peace and order situation in a specific destination.

(9) Can the council appeal? (16) Illegal Recruitment

No amount of the Legal Assistance Fund shall be disbursed for the appeal of cases (17) Prohibited Acts
except when the penalty meted is life imprisonment or death or under meritorious
circumstances as determined by Undersecretary Migrant Workers Affairs (18) What is Economic Sabotage

(10) Guarantees to deploy migrant worker abroad? (19) What are the 7 other acts?

• It has existing labor and social laws protecting the rights of workers SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of
including migrant workers canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers
• It is a signatory to and/or a ratifier of multilateral conventions, declarations and includes referring, contract services, promising or advertising for employment
or resolutions relating to the protection of workers, including migrant abroad, whether for profit or not, when undertaken by non-licensee or non-holder of
workers authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended,
• It has concluded a bilateral agreement or arrangement with the government otherwise known as the Labor Code of the Philippines: Provided, That any such non-
on the protection of the rights of overseas Filipino Workers licensee or non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any person, whether a non-licensee, non-
a. Are these in the alternative? YES
holder, licensee or holder of authority:
(11) What are positive and concrete measures?
1) To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
Shall include legislative or executive initiatives, diplomatic negotiations, judicial
Labor and Employment, or to make a worker pay or acknowledge any
decisions, programs, projects, activities and such other acts by the receiving country
amount greater than that actually received by him as a loan or advance;
aimed at protecting the rights of migrant workers.
2) To furnish or publish any false notice or information or document in relation
to recruitment or employment;
(12) Who determines receiving countries?
3) To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority
The DFA shall issue a certification that a receiving country complies with any of the
under the Labor Code, or for the purpose of documenting hired workers
guarantees, and that the receiving country is taking such positive and concrete
with the POEA, which include the act of reprocessing workers through a job
measures to protect workers
order that pertains to nonexistent work, work different from the actual
overseas work, or work with a different employer whether registered or not
(13) If the country did not comply, is there liability?
with the POEA;

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

4) To include or attempt to induce a worker already employed to quit his has been prematurely terminated through no fault of his or her
employment in order to offer him another unless the transfer is designed to own;
liberate a worker from oppressive terms and conditions of employment; d) Impose a compulsory and exclusive arrangement whereby an
5) To influence or attempt to influence any person or entity not to employ any overseas Filipino worker is required to undergo health
worker who has not applied for employment through his agency or who has examinations only from specifically designated medical clinics,
formed, joined or supported, or has contacted or is supported by any union institutions, entities or persons, except in the case of a seafarer
or workers' organization; whose medical examination cost is shouldered by the
6) To engage in the recruitment or placement of workers in jobs harmful to principal/shipowner;
public health or morality or to the dignity of the Republic of the Philippines; e) Impose a compulsory and exclusive arrangement whereby an
7) To fail to submit reports on the status of employment, placement vacancies, overseas Filipino worker is required to undergo training,
remittance of foreign exchange earnings, separation from jobs, departures seminar, instruction or schooling of any kind only from
and such other matters or information as may be required by the Secretary specifically designated institutions, entities or persons, except
of Labor and Employment; for recommendatory trainings mandated by
8) To substitute or alter to the prejudice of the worker, employment contracts principals/shipowners where the latter shoulder the cost of such
approved and verified by the Department of Labor and Employment from trainings;
the time of actual signing thereof by the parties up to and including the f) For a suspended recruitment/manning agency to engage in any
period of the expiration of the same without the approval of the Department kind of recruitment activity including the processing of pending
of Labor and Employment; workers' applications; and
9) For an officer or agent of a recruitment or placement agency to become an g) For a recruitment/manning agency or a foreign
officer or member of the Board of any corporation engaged in travel agency principal/employer to pass on the overseas Filipino worker or
or to be engaged directly or indirectly in the management of travel agency; deduct from his or her salary the payment of the cost of
10) To withhold or deny travel documents from applicant workers before insurance fees, premium or other insurance related charges, as
departure for monetary or financial considerations, or for any other reasons, provided under the compulsory worker's insurance coverage.
other than those authorized under the Labor Code and its implementing
rules and regulations; The persons criminally liable for the above offenses are the principals, accomplices
11) Failure to actually deploy a contracted worker without valid reason as and accessories. In case of juridical persons, the officers having ownership, control,
determined by the Department of Labor and Employment; management or direction of their business that are responsible for the commission of
12) Failure to reimburse expenses incurred by the worker in connection with his the offense and the responsible employees/agents thereof shall be liable.
documentation and processing for purposes of deployment, in cases where
the deployment does not actually take place without the worker's fault. In the filing of cases for illegal recruitment or any of the prohibited acts under this
Illegal recruitment when committed by a syndicate or in large scale shall be section, the Secretary of Labor and Employment, the POEA Administrator or their duly
considered an offense involving economic sabotage; and authorized representatives, or any aggrieved person may initiate the corresponding
13) To allow a non-Filipino citizen to head or manage a licensed criminal action with the appropriate office. For this purpose, the affidavits and
recruitment/manning agency. testimonies of operatives or personnel from the Department of Labor and Employment,
POEA and other law enforcement agencies that witnessed the acts constituting the
illegal recruitment is deemed committed by a syndicate if carried out by a group of offense shall be sufficient to prosecute the accused.
three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually or In the prosecution of offenses punishable under this section, the public prosecutors of
as a group. the Department of Justice shall collaborate with the anti-illegal recruitment branch of
the POEA and, in certain cases, allow the POEA lawyers to take the lead in the
In addition to the acts enumerated above, it shall also be unlawful for any person or prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled
entity to commit the following prohibited acts: to receive additional allowances as may be determined by the POEA Administrator.
a) Grant a loan to an overseas Filipino worker with interest The filing of an offense punishable under this Act shall be without prejudice to the filing
exceeding eight percent (8%) per annum, which will be used for of cases punishable under other existing laws, rules or regulations.
payment of legal and allowable placement fees and make the
migrant worker issue, either personally or through a guarantor
or accommodation party, postdated checks in relation to the TAKE NOTE: PROHIBITED ACTS are under R.A. 8042, while OTHER
said loan; PROHIBITED ACTS are under POEA Rules.
b) Impose a compulsory and exclusive arrangement whereby an
overseas Filipino worker is required to avail of a loan only from (20) Penalty for illegal recruitment?
specifically designated institutions, entities or persons;
c) Refuse to condone or renegotiate a loan incurred by an SEC. 7. Penalties. -
overseas Filipino worker after the latter's employment contract

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(a) Any person found guilty of illegal recruitment shall suffer the penalty of Section 7. Prescription. Illegal recruitment cases under this Rule shall prescribe in 5
imprisonment of not less than twelve (12) years and one (1) day but not years; provided, however, that illegal recruitment cases involving economic sabotage
more than twenty (20) years and a fine of not less than One million pesos shall prescribed in 20 years.
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
(b) The penalty of life imprisonment and a fine of not less than Two million Section 9. Prescriptive Period. All pre-employment/recruitment violation and
pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) disciplinary action cases shall be barred if not commenced or filed with the
shall be imposed if illegal recruitment constitutes economic sabotage as Administration within 3 years after such cause of action accrued.
defined therein.
(25) Who may institute criminal action?
Provided, however, that the maximum penalty shall be imposed if the
person illegally recruited is less than eighteen (18) years of age or SOLE, POEA admins, aggrieved persons
committed by a non-licensee or non-holder of authority.
(26) What if the offended party is underage?
(C) Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of less than six (6) years and one (1) day but not more than twelve (12) Shall be represented by the guardians.
years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more
than One million pesos (P1,000,000.00). (27) How is it instituted?

If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, (28) Who conducts preliminary investigation?
be deported without further proceedings.
Prosecution Officer or Judge
In every case, conviction shall cause and carry the automatic revocation of the license
or registration of the recruitment/manning agency, lending institutions, training school (29) Is there are need for PI?
or medical clinic.
YES, in coordination w/ DOJ.
(21) X employed by Y, with a 2-year contract. After 3 months, the employer increased
the salary, but the increase was not processed through the POEA. Is it IR? (30) What are the agencies tasked to implement RA 8042?

Suggested answer: Would not be considered as IR. (might be under alteration of DOLE, OWWA, POEA, NBI, DFA, DOJ, DOH, BI, NLRC, TESDA, CFO, PNP, CAAP
contracts) because it provides that it shall be to the prejudice of the worker. Such
increase is not to the prejudice of the worker. (31) Sec. 10. What do you mean by joint and solidary liability?

(22) Who may be held liable for illegal recruitment? Mutual Agency, Mutual Guaranty.

The persons criminally liable for the above offenses are the principals, accomplices (32) Does it bind a corporation?
and accessories. In case of juridical persons, the officers having ownership, control,
management or direction of their business who are responsible for the commission of YES, the liability of the principal/employer and the recruitment/placement agency shall
the offense and the responsible employees/agents thereof shall be liable. be solidary.

(23) Where should a complaint be filed? (33) Does it attach automatically?

General Rule: POEA YES, the liability shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval
In regions outside the National Capital Region, may be filed with the appropriate
regional office of the POEA or DOLE (34) When he has been terminated, what is he entitled to receive?

The complaints and reports receive by the DOLE shall be endorsed to the POEA. Sec. 10 of RA 8042, in connection with BSP Circular 799 s. 2013 on Interest and the
digested case of Gargallo v. Dohle.
After evaluation, POEA may endorse the case to the proper prosecution office.
Because BSP Circular 799, which provides for an interest rate of 6%, is merely a
CIRCULAR, while R.A. 8042 is a substantive law.
(24) What is the prescriptive period?
(35) Who has jurisdiction over monetary claims and damages?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(40) Can the family of OFW avail such loan?

LABOR ARBITERS, not just the NLRC. NLRC has appellate jurisdiction.
Family Assistance Loans for emergency financing assistance
(36) Powers and Functions of the Migrant Workers Resource Center?
(41) What is compulsory insurance coverage?
The Migrant Workers and other Overseas Filipinos Resource Center shall provide the
following services: Each migrant worker deployed by a recruitment/manning agency shall be covered by a
a. Counseling and legal services; compulsory insurance policy which shall be secured at no cost to the said worker.
b. Welfare assistance including the procurement of medical and
hospitalization services; (42) Who pays the premium?
c. Information, advisory programs to promote social integration such as post-
arrival orientation, settlement and community networking services and Recruitment/manning agency
activities for social interaction;
d. Registration of irregular/undocumented workers to bring them within the (43) Policy coverage and how much for each benefit?
purview of the Act;
e. Implementation of DOLE and OWW A Programs; Shall be effective for the duration of the migrant worker’s employment contract.
f. Human resource development, such as training and skills upgrading;
g. Gender-sensitive programs and activities to assist particular needs of • Accidental death – at least US$15,000.00; survivor’s benefit payable to the
migrant workers; migrant worker’s beneficiaries;
h. Orientation program for returning workers and other migrants; • Natural death - at least US$10,000.00; survivor’s benefit payable to the migrant
i. Monitoring of the daily situation, circumstances and activities affecting worker’s beneficiaries;
migrant workers and other overseas Filipinos; • Permanent total disablement - at least US$7,500 disability benefit payable to the
j. Ensuring that labor and social welfare laws in the receiving country are migrant worker;
fairly applied to migrant workers and other overseas Filipinos; and • Repatriation cost of the worker when his/her employment is terminated by the
k. Conciliation of disputes arising from employer-employee relationship, in employer without any valid cause, or by the employee with just cause, including
accordance with this Rule. the transport of his/her personal belongings. (Actual cost)
• Subsistence allowance benefit - at least US$100 per month for a maximum of six
(37) What is one country team approach? (6) months for a migrant worker who is involved in a case or litigation for the
protection of his/her rights in the receiving country;
All officers, representatives, and personnel posted abroad, regardless of their mother • Money claims arising from employer’s liability which may be awarded or given to
agencies shall, on a per country basis, act as one country team with a mission under the worker in a judgment or settlement of his/her case in the NLRC. The
the leadership of the ambassador. insurance coverage for money claims shall be equivalent to at least three (3)
months salaries for every year of the migrant worker’s employment contract
(38) What is the theory of imputed knowledge? • Compassionate visit. When a migrant worker is hospitalized and has been
confined for at least seven (7) consecutive days, he shall be entitled to a
SUNACE V. NLRC: compassionate visit by one (1) family member or a requested individual. (actual
The theory of imputed knowledge ascribes the knowledge of the agent to the principal, cost)
not the other way around. Also, the agency between a foreign principal and its local
• Medical evacuation. When an adequate medical facility is not available proximate
recruitment agent is revoked if the foreign principal directly manages the business
to the migrant worker, as determined by the insurance company’s physician
(hiring of employee) entrusted to the local recruitment agent, dealing directly with third
and/or a consulting physician, evacuation under appropriate medical supervision
persons.
by the mode of transport necessary shall be undertaken by the insurance
provider (actual cost); and
(39) What is a migrant worker’s loan?
• Medical repatriation. When medically necessary as determined by the attending
physician, repatriation under medical supervision to the migrant worker’s
Pre-Departure Loans - refer to loans granted to departing migrant workers covered by
residence shall be undertaken by the insurance provider at such time that the
new contracts to satisfy their pre-departure requirements such as payments for
migrant worker is medically cleared for travel by commercial carrier. (Actual cost)
placement/processing fees, airplane fare, subsistence allowance, cost of clothing and
pocket money.

Family Assistance Loans - refer to loans granted to currently employed migrant POEA Rules
workers or their eligible dependents/families in the Philippines to tide them over during Laws: Revised POEA Rules and Regulations Governing the Recruitment and Employment of Land
emergency situations. based Overseas Filipino Workers Of 2016 (Appendix of Azucena book)

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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

Appeal to the Secretary of Labor

1) When can POEA issue a closure order? -10 days for Motion to Lift/Motion to Reopen
-15 days for appeal of POEA decision re: illegal recruitment
Two days from termination of surveillance
10) Can there be appeal on cancellation of license?
2) Should there be a complaint involving IR?
11) Can they file an MR?
Yes.
No.
3) Can it be issued against a licensed agency?
12) Liability of the accredited DOH Clinic?
No. What will be issued is Cancellation.
In case an OFW is found to be not medically fit within fifteen (15) days upon his/her arrival in
4) How is the closure order implemented? the country of destination, the medical clinic or health facility that conducted the health
examination/s of such OFW shall pay for his/her repatriation back to the Philippines and
SECTION 84. Implementation of Closure Order. — The Closure Order shall be served upon the cost of deployment of such worker.
the offender or the person-in-charge of the establishment subject thereof. The closure shall
be effected by sealing and padlocking the establishment and posting a notice of such closure Any DOH-accredited clinic which violates any provisions of this section shall, in addition to
in bold letters in a conspicuous place in the premises of the establishment. Whenever any other liability it may have incurred, suffer the penalty of revocation of its DOH
necessary, the assistance and support of the appropriate law enforcement agencies may be accreditation if after investigation, the medical reason for repatriation could have been
requested for this purpose. 22 The Secretary, the Administrator or the DOLE Regional detected at the time of examination
Director concerned shall recommend the immediate cancellation/revocation of the business
permit to the local government unit where such establishment operates. 13) 12 days after deployment, employee was found to have hepatitis thus repatriated,
what is the liability of the clinic?
5) What is the effect of the closure order?
Pay for his/her repatriation back to the Philippines and the cost of deployment of such
Inclusion in derogatory record, and be disqualified/barred from participation in the overseas worker.
employment program of the government
14) Who is primarily liable of repatriation?
6) Remedy of the owner of the building, against whom closure order was issued?
Shall be the primary responsibility of the principal, employer or agency that recruited or
• Motion to lift deployed him/her abroad.
• Motion to reopen
15) Does it apply regardless of reason of termination?
7) What are the grounds?
NO, exception: after the worker has returned to the country, the principal or agency may
Grounds for reopening the establishment recover the cost of repatriation from the worker if the termination of employment was due
• The office in not the subject of the closure order solely to his/her fault.
• The contract of lease with the owner of the building or the building
administrator has already been cancelled or terminated 16) Kinds of repatriation?
• Office is shared by a person/entity not involved in illegal recruitment
• Any other analogous ground, determined by POEA o Emergency Repatriation in cases of war, epidemic, disasters or
Grounds for lifting a Closure Order calamities, natural or man-made, and other similar events, without
prejudice to reimbursement by the responsible principal or agency
• The person/entity is later found out or has proven that it is not involved in
within sixty (60) days from notice
illegal recruitment activities, whether directly or indirectly
o Mandatory Repatriation of Underage Migrant Workers upon discovery
• Any other analogous ground, determined by POEA
or upon being informed of the presence of migrant workers whose actual
ages fall below the minimum age requirement for overseas deployment,
8) Where should they file?
the responsible officers in the Foreign Service shall without delay
repatriate said workers
To the agency who issued the closure order
o Other Cases of Repatriation in all cases where the principal or agency of
the worker cannot be identified, cannot be located or had ceased
9) If the motion was denied, what is the remedy?
operations, and the worker is in need and without means, the OWWA

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

personnel at the jobsite, in coordination with the DFA, shall cause the • Individuals, partners, officers or directors of an insurance company who
repatriation in appropriate make, propose or provide an insurance contract under the compulsory
insurance coverage for agency-hired Overseas Filipino Workers;
17) Mr. X ran from his foreign employer. However, he stayed in the country but jumped • Sole proprietors, partners or officers and members of the board with
from one job to another. Now, he wants to go home. Who shall bear the loss? derogatory records, such as, but not limited to the following:
i. Those convicted, or against whom probable cause or prima
18) Who may engage in recruitment and placement? facie finding of guilt is determined by a competent authority, for
illegal recruitment, or for other related crimes or offenses
1) Public employment offices committed in the course of, related to, or resulting from, illegal
2) Private recruitment entities recruitment, or for crimes involving moral turpitude;
3) Private employment agencies ii. Those agencies whose licenses have been revoked for violation
4) POEA of RA 8042 (Migrant Workers and Overseas Filipinos Act of
5) Construction contractors, if authorized 1995), as amended, PD 442 (Labor Code of the Philippines), as
6) Members of diplomatic corps amended, and RA 9208 (Trafficking in Persons Act of 2003), as
7) Other persons authorized by the DOLE amended, and their implementing rules and regulations;
8) Name-hires iii. Those agencies whose licenses have been cancelled, or those
9) Shipping or manning agents who, pursuant to the Order of the Administrator, were included
in the list of persons with derogatory record for violation of
19) What are the requirements? recruitment laws and regulations; and
iv. Any official or employee of the DOLE, POEA, OWWA, DFA,
CITIZENSHIP DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBI, PNP, Civil
o Sole proprietorship – Filipino Aviation Authority of the Philippines (CAAP), international
o Partnership & Corporations – 75% Filipino owned airport authorities, and other government agencies directly
CAPITAL REQUIREMENTS involved in the implementation of RA 8042, as amended, and/or
o If local – any of his/her relatives within the fourth civil degree of
Sole – 1M capital consanguinity or affinity.
Partnership and Corp – 1M paid-up
o If overseas 23) Mr. X was a former government employee who has committed graft and corruption,
Sole – 5M capital after serving his sentence, he now wants to put up a placement agency, is he
Partnership and Corp – 5M paid-up capital qualified?
NOT OTHERWISE DISQUALIFIED BY LAW
No, those convicted or whom probable cause has been determined, in relation to crimes of
20) What are the other amounts required to put up overseas employment? moral turpitude.

Filing fee, escrow deposit 24) What if he was convicted for not filing his SALN, is he qualified?

21) Purpose of Escrow Deposit NO, the non-filing of SALNs is a crime.

It is apart from the capital and is to answer for legal claims for employment related disputes 25) What is the period of validity?
and/or violation of labor law.
26) Distinctions of a provisional and regular license?
22) Who are disqualified?
Sec. 9-15 (POEA)
SECTION 5. Who are disqualified? — The following persons and entities are disqualified to
participate in the recruitment and placement of workers for overseas employment: 27) When should you file for renewal of license?
• Travel agencies and sales agencies of airline companies;
• Officers or members of the Board of any corporation or partners in a Within 3 months before the expiration of license
partnership engaged in the business of a travel agency;
• Corporations and partnerships, where any of its officers, members of the 28) Can POEA demand an additional escrow deposit?
board or partners is also an officer, member of the board or partner of a
corporation or partnership engaged in the business of a travel agency; 29) When does POEA issue a provisional license?

30) If they upgraded too regular, do they acquire additional 4 years?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

NO, full term of regular license is 4 years from the date of issuance of a provisional license. Report to POEA, the expansion must be adjacent.
So, plus two years lang.
45) Limit of placement fee?
31) How does placement agencies advertise job vacancies?
Charge must not be more than the equivalent to 1-month basic salary
Sec. 68, POEA. W/o prior approval and within validity.
46) Exception for placement fee?
32) What is accreditation?
• Domestic Workers
Refers to the grant of authority by the Administration to a foreign principal/employer to recruit • Workers to be deployed to countries where the prevailing system, either by law, policy
and hire Filipino workers through a licensed recruitment agency for overseas employment. or practice do not allow, directly or indirectly, the charging and collection of
recruitment/placement fee.
33) Mr. X, has a prospective foreign principal not yet accredited, have numerous job
orders not yet accredited, may he advertise? 47) Skill testing? Sec. 56

34) Mr. X has accredited foreign principals, he saw the publication ads but was not 48) When can the agency charge the placement fee?
satisfied. Can he go directly to any publication to modify such ads?
Only after signing the POEA-approved contract
Only through POEA, licensed recruitment agency, or POEA (Sec. 70)
49) Aside from placement fee are there any fees that may be charged against the
35) Why are foreign principals prohibited from directly advertising? workers?

36) Can Mr. X sell his license? • Documentation costs

• Membership with Philhealth, PagIbig and SSS.
NO. No license shall be used, directly or indirectly, by any other person other than the one in
whose favor it was issued, nor at any place other than that stated in the license, nor may 50) Can a foreign principal be accredited in two or more agencies?
such license be transferred, conveyed or assigned to any other person or entity. (Sec. 21)
Up to 5 (memorandum circular no. 6)
37) Mr. X sole proprietor died, can the wife takeover the business of the recruitment?
51) Can it transfer accreditation from one agency to another?
NO. The license of the sole proprietorship shall automatically be revoked upon the death of
the sole proprietor. YES, to another licensed recruitment agency. Provided, no downgrading of benefits, the
transferee assumes full responsibility of all contractual responsibilities and there are no
38) When Mr. X died, he had 20 pending overseas workers for deployment. What is the pending cases.
effect to the pending application?
52) Exclusive and original jurisdiction of POEA? POEA Rules, Rule VI (Jurisdiction) (Sec.
May be finished by the heirs 138)

39) The foreign principal wants to participate in the screening of the employees. Does he 53) Give 3 grounds wherein a foreign principal can be subject to sanction under POEA?
need to have authorization? (Sec. 144)

40) What Is the period for filing? 54) Grounds for disciplinary action against OFW? (Sec. 145)

41) Is conducting recruitment activity outside the registered address allowed? 55) Can the POEA preventively suspend a license pending a case in litigation?

YES, by securing a Special Recruitment Authority Yes, Sec. 170.

42) What if nasunugan? Does it have to be published? 56) Mr. X filed for illegal recruitment, POEA rules in his favor. What is the remedy of
recruitment agency?
43) What about putting up a satellite?
Appeal/Motion to Reconsider
44) What about expansions of recruitment agency?

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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

57) Where to appeal?

2. Requirements? (Sec. 6.)
DOLE, Sec. 185
3. What are the qualifications? (Sec. 4)
58) Reglementary Period?
4. Who are disqualified? (Sec. 5.)
15 days, Reckoned from the receipt of the Decision
5. What if relative of the law officer? Up to what civil degree?
59) Will the filing of appeal stay the execution of the judgement?
6. Escrow deposit v. Security bonds? (Sec. 11.)
YES, except:
• When the penalty imposed is suspension of license for 12 months or more 7. Where to file application for PRPA?
• When the penalty imposed is cancellation of license; or
• When the penalty imposed is permanent disqualification Regional Office/Field Office having jurisdiction over the place where the applicant
intends to establish its office.
60) Can you file an MR for a Decision of SoLE?
8. Validity?
60 days upon the receipt of the transmittal of entire records
3 years after the issuance
61) Order in which execution shall proceed for garnishment?
9. When can renewal be made?
Sec. 193 (enumeration)
Execution shall proceed against the assets of the losing recruitment agency in the following YES. Not earlier than 60 days but not later than 30 days before its expiration.
order:
a) Supersedeas bond; 10. Can it be done one month after expiration?
b) Escrow deposit;
c) Personal property; and YES, but the filing of such application after the lapse of the prescribed period shall be
d) Real property subject to penalties as provided for in these rules.

62) May the agency just pay a fine instead of serving suspension? 11. Can X sell his license to another person?

Yes. Sec. 171. 50K/month of suspension NO. The license or authority to recruit shall not be transferred, conveyed or assigned to
any person or entity other than the one in whose favor it was issued.
63) Ground for preventive suspension? (Sec. 168)
12. Can he change his address?
64) Can the POEA grant clemency to an OFW previously penalized with disqualification?
Yes. An agency intending to transfer to a new place of business shall notify the
YES. Provided that any of the following exists: Regional Office that issued the license within 15 days prior to the intended date of
a) The offense committed does not involve a serious offense, or crime involving transfer.
moral turpitude, misrepresentation or theft; or
b) There is a settlement of claims or the complainant has condoned the acts of 13. Is notification sufficient?
respondent
c) He is a first-time offender and has the capacity to deploy. If transfer is within the region, YES.

In case of transfer to another region, and within fifteen (15) days prior to the date of
transfer, the agency shall:
PRIVATE RECRUITMENT AND PLACEMENT AGENCIES a. Secure a clearance of no pending case from the issuing Regional Office;
Laws: DO 141-14 and its IRR b. Notify the Regional Office which has jurisdiction over the new place of
business;
1. Who are covered by DO 141-14? c. Submit to the receiving Regional Office a clearance of no pending case,
location map of the new office and a copy of the contract of lease or
Every person, partnership or corporation intending to engage or engaged in the certificate of ownership; and
recruitment and placement for local employment through an agency (Sec. 2)

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

d. Publish the new address for two (2) consecutive weeks in a newspaper of i. If the worker is certified by a competent/government physician to be
general circulation. The receiving Regional Office must conduct an ocular suffering from a medical or mental illness within one month from the first
inspection of the agency’s new office to ensure compliance with day of work rendering him incapable of discharging the minimum
requirements. requirements of the job; or
ii. If the worker abandons the job, voluntarily resigns, commits theft or any
14. Service contract v. recruitment contract other acts prejudicial to the employer or his family within three months from
the first day of work
15. What happens if the sole proprietorship dies? iii. If it is imputable to the employee within 3 months

16. Grounds for the denial of application? (Sec. 50) If the request for a replacement is beyond the abovementioned periods, the employer
shall pay an additional service fee as agreed by both parties.
17. Can he conduct recruitment elsewhere outside the place of business?
25. Cease and desist? (Sec. 47)
The authority to recruit shall be valid nationwide.

18. What is authority to recruit?

ALIEN EMPLOYMENT PERMIT
Refers to a document issued by the Secretary through the Regional Director Laws: D.O. No. 186-17
authorizing a person to conduct recruitment activities for local employment on behalf of
a private employment agency. 1. What is an alien?

19. Is it different from a license? A person belonging to a different country or nation, especially one who is not a naturalized
citizen of the country where they are living
License refers to a document issued by the Secretary through the Regional Director
authorizing a person, partnership or corporation to operate a private employment 2. Who are required to get an AEP?
agency.
All foreign nationals who intend to engage in gainful employment in the Philippines
20. X issued a license, should he secure authority?
3. Alien, visiting, does he need AEP?
The authority to recruit may be issued together with the license by the concerned
Regional/Field Office. NO. Alien Employment Permit is one of the requirements in the issuance of a work visa to
legally engage in gainful employment in the country. Not needed for tourists.
21. What is the period of the validity of SRA?
Valid for the date and venue indicated, unless extended, modified or revoked by the 4. What is gainful employment?
Administration for violation of the conditions for its issuance. License to conduct
recruitment activities outside its registered address A state or condition that creates an employer-employee relationship between the Philippine
based company and the foreign national where the former has the power to hire or dismiss
22. X filed an application, but denied because he was previously convicted, does he the foreign national from employment, pays the salaries or wages thereof and has authority
have any remedy? to control the performance or conduct of the tasks and duties.

Appeal 5. Who are exempted from securing an AEP?

23. Can you file an appeal? • All members of the diplomatic service and foreign government officials accredited by
and with reciprocity arrangement with the Philippine government
YES, an MR is allowed but a second MR is no longer allowed. • Officers and staff of international organizations of which the Philippine government is a
member, and their legitimate spouses desiring to work in the Philippines;
24. X hired janitor, Y, 2 months in service, Y abandoned his job, X demanded • All foreign nationals granted exemption by law;
replacement? • Owners and representative of foreign principals whose companies are accredited by
the POEA, who come to the Philippines for a limited period and solely for the purpose
An employer shall be entitled to a replacement of worker without additional cost or a of interviewing Filipino applicants for employment abroad;
refund of 75% of the service fee and transportation expenses subject to the following • Foreign nationals who come to the Philippines to teach, present and/or conduct
conditions: research studies in universities and colleges as visiting, exchange or adjunct
professors under formal agreements between the universities or colleges in the

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

Philippines and foreign universities or colleges; or between the Philippine government

and foreign government: provided that the exemption is on a reciprocal basis; and – 10. Who should secure the AEP?
• Permanent resident foreign nationals and probationary or temporary resident visa
holders under sec 13 of the Philippine Immigration Act of 1940. 11. X, Chinese, entered into a contract with B company as Chinese interpreter for 5 years.
How long is the validity of AEP issued?
6. How about those excluded?
3 years. The AEP shall be valid for the position and the company for which it was issued for
a. Members of the governing board with voting rights only and do not intervene in the a period of 1 year, unless the employment contract, or other modes of engagement provides
management of the corporation or in the day-to-day operation of the enterprise. otherwise, which in no case shall exceed 3 years.
b. Corporate officers as provided under the Corporation Code of the Philippines, Articles
of Incorporation, and By-Laws of the Corporation such as President, Secretary, and 12. Can AEP be processed subsequent to the hiring of the foreign national?
Treasurer.
c. Those providing consultancy services who do not have employers in the Philippines Newly hired or appointed officers may file the application for new AEP without penalty
d. Intra corporate transferee who is a manager, executive or specialist as defined below thereof within 15 working days after signing of contract or appointment.
in accordance with Trade Agreements and an employee of the foreign service supplier
for at least 1 year prior to deployment to a branch, subsidiary, affiliate or representative 13. Before securing AEP, can he sign the contract of employment?
office in the Philippines
a. An Executive: a natural person within the organization who primarily directs YES. If the commencement of employment is later than the fifteen working days grace
the management of the organization and exercises wide latitude in decision period, the application for new AEP may be filed before the commencement of employment
making and receives only general supervision or direction from higher without penalty.
executives;
b. A Manager: a natural person within the organization who primarily directs 14. X, Chinese, after one year of employment was pirated to Y company. What is the
the management of the organization/department/subdivision and exercises status of AEP?
supervisory and control functions over other supervisory, managerial or
professional staff; does not include first line supervisors unless employees Considered revoked. A change of position requires a new AEP
supervised are professionals; does not include employees who primarily
perform tasks necessary for the provision of the service; 15. What is the period of validity of AEP?
i. A Specialist: a natural person within the organization who
possesses knowledge at an advanced level of expertise As a general rule, 1 year (filing fee of 9k)
essential to the establishment/provision of the service and/or Exceptions: Not to exceed 3 years (+4k for every year or fraction of employment)
possesses proprietary knowledge of the organization ́s service,
research equipment, techniques or management. Renewal of AEP: filed not earlier than sixty days before expiration (permit fee of 4k for each
c. Contractual service supplier who is a manager, executive or specialist and year of validity or fraction)
an employee of a foreign service supplier which has no commercial
presence in the Philippines: 16. Alien transfers to another job, new AEP or not?
i. Who enters the Philippines temporarily to supply a service
pursuant to a contract between his/her employer and a service YES, additional position in the same company or subsequent assignment in related
consumer in the Philippines; companies during the validity of an existing AEP will be subject to a publication requirement.
ii. Must be employed by the Foreign Service supplier for at least
one year prior to the supply of service in the Philippines. 17. Grounds for denial of application?
d. Representative of a foreign principal in a manning agency
a. Misrepresentation of facts in the application;
7. Wife of a diplomat wants to be a ballet instructor, is AEP required? b. Submission of false documents;
c. The foreign national has been convicted of a criminal offense or a fugitive
NO. There is no engagement of gainful employment. There is no creation of an employer - from justice in the country or abroad;
employee relationship d. Grave misconduct in dealing with or ill treatment of workers; or
e. Availability of a Filipino who is competent, able and willing to do the job
8. Why does DOLE distinguish those who are exempted from those excluded? intended for or being performed by the foreign national;
f. Worked without a valid AEP for more than a year;
All foreign national excluded from securing AEP shall secure Certificate of Exclusion from the g. Application for renewal with expired visa or with temporary visitor’s visa
Regional Office *fees forfeited

9. Is the exemption or exclusion automatic? 18. Grounds for revocation/cancellation of AEP?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

10k for every year or fraction thereof an employer found to have failed to pay the penalty
a. Non-compliance with any of the requirements or conditions for which the provided herein shall not be allowed to employ any foreign national for any position in the
AEP was issued; said company
b. Misrepresentation of facts in the application;
c. Submission of falsified or tampered documents;
d. Meritorious objection or information against the employment of the foreign 23. How about the foreign national? What is the penalty?
national;
e. The foreign national has been convicted of a criminal offense or a fugitive 10,000 for every year or a fraction thereof
from justice in the country or abroad;
f. Employer terminated the employment of the foreign national; 24. Who is a fugitive of justice?
g. Grave misconduct in dealing with or ill treatment of workers; or
a) A person committed a 'crime' or has been charged for the commission thereof; and
19. Foreign national misrepresented civil status (single instead of married), is it a ground b) Thereafter, leaves the jurisdiction of the court where said crime was committed or his
for the denial of application? usual place of abode.

It depends. 25. Is one considered a fugitive from justice if it’s a civil case? NO.
• Misrepresentation of facts includes fraudulent misrepresentation that is a false
statement that will have a negative effect in the evaluation of the application was made 26. Meritorious objection?
knowingly, or without belief in its truth, or recklessly whether it is true or false.
Any information/objection to the applicant of AEP, which merits the denial of the application or
20. Foreign national has many creditors in China planning to sure him, sought cancellation of AEP
employment in the PH; can that be a ground for denial?

SENIOR CITIZEN ACT

NO. Unless, act penalized or is criminally charged which therefor makes him a fugitive Laws: RA 9994 (Expanded Senior Citizens Act) and its IRR
from justice.
1. What is a senior citizen?
a) Executive chef in Chinese restaurant, issue AEP?
b) Validity of AEP in stipulated contract is 5 years, allowed? NO. Must not Is an elderly, a resident citizen of the Philippines at least 60 years old. It may also apply to
exceed 3 years. Filipinos with dual citizenship status, PROVIDED, they prove their citizenship and must at
c) Creditor filed a case, revocation of AEP? (Civil, debt of sum of money) least have 6 months of residency in the Philippines.
NO. Case is civil in nature, not criminal.
2. Should he be a resident of the Philippines?
21. What is the remedy if AEP denied?
3. What are their privileges?
• APPEAL to Secretary of Labor within 10 days from receipt of denial
• MR allowed within 10 days from receipt of decision a. 20% discount and VAT exemption on sale of goods and services
• 2nd MR not allowed b. Medical and Drug Purposes – 20%, provided prescribed by the physician, or
vitamins, and in availment of vaccines, Medical equipment brought from drug
Denial or Cancellation of AEP: Foreign national is disqualified to re-apply within 10 years if stores, Dental services, professional fees of physicians and health workers
denial was due to: c. 20% on transportation
a. Conviction of criminal offense or fugitive from justice in the country or d. 20% on hotels, restaurants and recreational centers, funeral and burial services
abroad; or e. Income Tax exemption
b. Grave misconduct in dealing with or ill treatment of workers f. Free medical and dental services in the government
g. Free vaccination for indigent senior citizens
Barred for 5 years if due to misrepresentation of facts or submission of falsified h. Educational privileges – support for books, uniforms
documents i. EXPRESS LANES
Barred for 5 years if found to have filed fraudulent application of AEP for three counts j. 5% Utility Discounts

22. What is the penalty of an employer hiring an alien without AEP? 4. What are the benefits for hiring a senior citizen?

Section 2. Private entities that shall employ senior citizens as employees upon effectivity of
the Act, shall be entitled to an additional deduction from their gross Income, equivalent

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens exploitative or not harmful to his/her health and safety or physical, mental or
subject to the provision of Section 34 of the National Internal Revenue Code (NIRC), as psychosocial development. No permit or certificate of employment for those
amended and the Revenue Regulations to be issued by the BIR and approved by the DOF; above 15 is required.
Provided, however, That such employment shall continue for a period of at least six (6)
months; Provided, further, That the net annual income of the senior citizen does not exceed A child who performs work in his/her own household, family farm or business
the poverty level for that year as determined by NEDA thru the NSCB. undertaking, provided that the work is light, the working hours are not long thus
allowing for normal development, schooling, enough sleep and occasional play,
5. What if the senior citizen is employed for 3 months only, is the employer still entitled is not a child laborer.
to reduction?
4. 8-year-old, working for his parents’ sari-sari store, is he a working child?
NO. Refer to above provision.
YES, he falls in the sub-paragraph (i) of the Working Child definition.
6. Is the senior citizen required to present an ID to avail of the benefits?
5. What if the parents were working with two other friends, and 8-year-old helps out, is
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of benefits he a working child?
and privileges under the Act and these Rules, the senior citizen, or his/her duly authorized
representative, shall present as proof of eligibility, a valid and original Senior Citizens' Still applicable, only helping out. Provided, the guardians are employed.
Identification Card issued by the Head of the Office of Senior Citizens Affairs (OSCA) of the (1) When a child works directly under the sole responsibility of his parents or legal guardian
place where the senior citizen resides, and which shall be honored nationwide. and where only members of the employer's family are employed: Provided, however, That
his employment neither endangers his life, safety, health and morals, nor impairs his normal
development; Provided, further, That the parent or legal guardian shall provide the said
CHILD LABOR AND WORK PERMIT minor child with the prescribed primary and/or secondary education;
Laws: D.O. 65-04, IRR of R.A. 9231, as amending R.A. 7610, D.C. No. 2. Series of 2018
6. Requirements on conditions of a working child?
1. Who is a child?
WORKING HOURS
Refers to any person under 18 years of age
a) For a child below 15 years of age, the hours of work shall not be more than
twenty (20) hours a week, provided that the work shall not be more than
2. “Working child”?
four hours at any given day;
b) For a child 15 years of age, but below 18, the hours of work shall not be
“Child labor” refers to any work or economic activity performed by a child that subjects
more than eight hours a day, and in no case beyond 40 hours a week; and
him/her to any form of exploitation or is harmful to his/her health and safety or physical,
c) No child below 15 year of age shall be allowed to work between eight
mental or psychosocial development.
o’clock in the evening and six o’clock in the morning of the following day
and no child 15 years of age but below 18 shall be allowed to work between
Refers to any child engaged as follows:
ten o’clock in the evening and six o’clock in the morning of the following
When the child is below eighteen (18) years of age, in work or economic activity
day.
that is not child labor as defined in the immediately preceding sub-paragraph,
and
Sleeping time as well travel time of a child engaged in public entertainment or
When the child below fifteen (15) years of age,
information from his/her residence to his/her workplace shall not be included as hours
 In work where he/she is directly under the responsibility of his/her worked without prejudice to the application of existing rules on employee’s
parents or legal guardian and where only members of the child’s compensation.
family are employed; or
 In public entertainment or information. EMPLOYMENT DOES NOT ENDANGER THE LIFE AND THE SAFETY OF THE
CHILD
3. Minimum Employable Age
PROVIDED WITH AT LEAST ELEMENTARY OF SECONDARY EDUCATION
AS A GENERAL RULE, no child below 15 must work. EXCEPT:
a. When the child is under the sole responsibility of his parents, and that the parents WITH A WORK PERMIT
are employed
b. When the child’s employment or participation in public entertainment or 7. When is the employer required to secure a work permit?
information is essential, regardless of the child’s role.
When a child below 15 is employed
Minimum employable age is 15. Thus, a child who is aged 15 to below 18, may
be employed, provided that the activity to be performed is not hazardous, not

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

8. Exceptions? 1st offense, immediate restitution and correction of violation. Failure to comply
constitutes as 2nd offense
Spot extras or those cast within the day 2nd offense – restitution and prohibition from hiring a child for six months from the date
• However, employer is still required to file a notice with Regional office of occurrence of offense. Failure to comply leads to third violation
where the work is to be performed 3rd offense – same as first
4th – CLOSURE.
9. What are the required hours of work? (Rules)
It is summary in nature, but due process is properly accorded.
(1) All the time the child is required to be at a prescribed workplace and (2) all the time the
child is suffered to work, including rest hours 19. What If the child doesn’t want to study despite the employer providing educational
programs? Did the employer violate?
10. X, 10, child actor was secured by ad agency for elections and had a line advertisement
“Wag kayo sa kalaban, mayaman at mandurukot sila” YES, because it is a condition precedent the employment of the minor.

11. X, 8 years old, hired to participate in a political ad. No line, but was required to wear 20. What are the worst forms of Child Labor?
beggar clothes
Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in
12. What if the tagline of ad is: “Kung iboboto mo ang kalaban ko, magiging ganito ang the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the
anak mo” following:

13. Baste, was employed in Eat Bulaga TV Special (7 AM – 1 PM) Parents and Baster 1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or
agreed to render services for 5 days, with overtime pay twice his salary. Is that practices similar to slavery such as sale and trafficking of children, debt bondage and
allowed? serfdom and forced or compulsory labor, including recruitment of children for use in
armed conflict; or
14. Transportation from Antipolo (residence) to GMA, is that included? 2) The use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or
NO, from residence to place of work not included 3) The use, procuring or offering of a child for illegal or illicit activities, including the
production and trafficking of dangerous drugs and volatile substances prohibited under
15. What is studio to the location of the shoot? existing laws; or
4) Work which, by its nature or the circumstances in which it is carried out, is hazardous
YES. or likely to be harmful to the health, safety or morals of children, such that it:

16. What if his call time is 6 AM, but his shoot is at 8 AM, is it included in the work hours? a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being; or
YES, waiting hours are included. b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
17. What if GMA used CGI, then couldn’t find an extra. GMA has net, cushions, doctor, c) Is performed underground, underwater or at dangerous heights; or
and w/ agreement of hospital nearby. Baste and his parents agreed. Did GMA violate d) Involves the use of dangerous machinery, equipment and tools such as power-
D.O. 65-04? driven or explosive power-actuated tools; or
e) Exposes the child to physical danger such as, but not limited to the dangerous
YES, this is one of the worst forms of child labor, exposing him to physical danger. Recourse feats of balancing, physical strength or contortion, or which requires the manual
maybe done by the SoLE to order the immediate closure of the establishment if there is transport of heavy loads; or
imminent danger to the life of the child in accordance with the occupational health and safety f) Is performed in an unhealthy environment exposing the child to hazardous
standards. An imminent danger is a condition of practice that is reasonably expected to working conditions, elements, substances, co-agents or processes involving
cause death or physical harm. (Golangco, 2017 Bar Lecture) ionizing, radiation, fire, flammable substances, noxious components and the like,
or to extreme temperatures, noise levels, or vibrations; or
18. Penalty imposed against institution? g) Is performed under particularly difficult conditions; or
h) Exposes the child to biological agents such as bacteria, fungi, viruses,
If it resulted death, insanity, serious physical injury OR engaged in prostitution: CLOSURE, protozoans, nematodes and other parasites; or
and employer must pay employees affected with separation pay and other monetary benefits i) Involves the manufacture or handling of explosives and other pyrotechnic
applicable. products.

If didn’t result in death, insanity, spi: 21. What if Baste’s talent is actually to jump from buildings was there any violation?

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Compiled by: Kira Jorgio

Refers to a disadvantage for a given individual resulting from an impairment or a disability,

Yes, violation. WORST FORMS OF CHILD LABOR. that limits or prevents the functions or activity, that is considered normal given the age and
sex of the individual;
22. What If Ryzza Mae has a 10 million income, can her parents buy a 5 million house with
the same money? 5. “Sheltered Employment”. Is this absolute?

NO. Only 20% of Ryzza’s income will be used for the collective means of the family. 6. Is the State required to provide sheltered employment to all PWDs?

23. Who administers the child’s income? 7. Mr. X lost a right thumb, is that an impairment or handicap? Or is that a disability?

By both parents, in the absence of, or incapacity of either parents, the other shall administer. Impairment
In case both are absent, in accordance with the order of preference of parental authority in
the FC. 8. What if he lost his right lower limb? Is he handicap?

24. Grounds for cancellation of work permit? Disabled

SECTION 22. Grounds for Suspension and Cancellation of Work Permit – The Regional 9. What if his work is to be a call center agent, and he does not use his limbs, is he
Director shall suspend or cancel the work permit issued to a working child under the considered a handicap or a person with disability?
following instances:
(a) If there is fraud or misrepresentation in the application for work permit or any of Qualified Individual with a Disability
its supporting documents;
(b) If the terms and conditions set forth in the child’s employment contract and/or 10. Is it based on the work of the person?
employer’s undertaking have been violated;
(c) If the employer fails to institute measures to ensure the protection, health, safety, YES, in view thereof Labor Law
morals, and normal development of the child as required in Section 7 (b)ii;
(d) If the employer fails to formulate and implement a program for the education, 11. Incentives to employers who hire PWDS?
training and skills acquisition of the child; or
(e) If a child has been deprived access to formal, non-formal or alternative learning SECTION 8. Incentives for Employer
systems of education.
(a) To encourage the active participation of the private sector in promoting the welfare of
disabled persons and to ensure gainful employment for qualified disabled persons, adequate
incentives shall be provided to private entities, which employ disabled persons.
DISABILITY
Laws: Magna Carta on Disabled Persons (RA 7277), Labor Advisory No. 14 s. 2018, Labor Code:
(b) Private entities that employ disabled persons who meet the required skills or
Arts. 78-81
qualifications, either as regular employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the
1. “Person with Disability”
total amount paid as salaries and wages to disabled persons: Provided, however, That such
entities present proof as certified by the Department of Labor and Employment that disabled
Those suffering from restriction of different abilities, as a result of a mental, physical or
person are under their employ. Provided, further, That the disabled employee is accredited
sensory impairment, to perform an activity in the manner or within the range considered
with the Department of Labor and Employment and the Department of Health as to his
normal for a human being.
disability, skills and qualifications.
2. “Impairment”
(c) Private entities that improved or modify their physical facilities in order to provide
reasonable accommodation for disabled persons shall also be entitled to an additional
Is any loss, diminution or aberration of psychological, physiological, or anatomical structure
deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs
of function.
of the improvements or modifications. This section, however, does not apply to
improvements or modifications of facilities required under Batas Pambansa Bilang 344.
3. Where does a deaf-mute fall?
12. Can a PWD join or create a labor organization?
HANDICAP
Yes. Sec. 30-31.
4. “Handicap”

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

13. Mr. X is a deaf mute, applying as mail sorter at the post office. But was denied by the (i) Excluding disabled persons from membership in labor unions or similar organization.
office on the ground that the position needs someone who can communicate, and he
needs someone who speaks. Is that tantamount to discrimination? 20. Penalties?

14. BERNARDO v. NLRC. Why was the Magna Carta applied in this case? SECTION 46. Penal Clause –
(a) Any person who violates any provision of this Act shall suffer the following
15. What if the applicant was only mute, not deaf, and is actually knowledgeable, is there penalties:
discrimination? (a) For the first violation, a fine of not less than Fifty thousand pesos
(P 50,000.00) but not exceeding One hundred thousand pesos (P
16. Mr. X, a person without limbs, was denied by the Labor Org because it would be 100,000.00) or imprisonment of not less than six (6) months but
inconvenient for him to join because his wheelchair will not fit. Discrimination? not more than two (2) years, or both at the discretion of the court;
and
17. Mr. Y, former pizza delivery, on his way back to the office, he fractured his right knee, (b) For any subsequent violation, a fine of not less than One hundred
so he can’t operate a motorcycle. He was transferred to a desk job, where he was thousand pesos (P 100,000.00) but not exceeding Two hundred
found incompetent, so the business is nalulugi. Can he be terminated because of thousand pesos (P 200,000.00) or imprisonment for less than two
that? Is that discrimination? (2) years but not more than six (6) years, or both at the discretion
of the court.
18. Rights and Privileges of a disabled person?
(b) Any person who abuses the privileges granted herein shall be punished with
19. Acts of Discrimination? imprisonment of not less than six (6) months or a fine of not less than Five thousand
pesos (P 5,000.00) but not more than Fifty thousand pesos (P 50,000.00), or both, at
SECTION 32. Discrimination on Employment. No entity, whether public or private, shall the discretion of the court.
discriminate against a qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of employees, employee (c) If the violator is a corporation, organization or any similar entity, the officials thereof
compensation, job training, and other terms, conditions, and privileges of employment. The directly involved shall be liable therefor. (d). If the violator is an alien or a foreigner, he
following constitute acts of discrimination: shall be deported immediately after service of sentence without further deportation
proceedings.
(a) Limiting, segregating or classifying a disabled job applicant in such a manner that
adversely affects his work opportunities;
(b) Using qualification standards, employment tests or other selection criteria that
screen out or tend to screen out a disabled person unless such standards, tests or
ANTI-AGE DISCRIMINATION
Law: RA 10911 and D.O. 170 s. 2017
other selection criteria are shown to be job-related for the position on question and are
consistent with business necessity;
1. Coverage
(c) Utilizing standards, criteria, or methods of administration that:
1) Have the effect of discrimination on the basis of disability; or
2. Do we have to consider the health hazards?
2) Perpetuate the discrimination of others who are subject to common
administrative control;
3. Bank has retirement plan where employees can retire at Age 55. Did it violate?
(d) Providing less compensation, such as salary, wage or other forms of remuneration
and fringe benefits, to a qualified disabled employee, by reason of his disability, than
As a general rule, imposing early retirement on the basis of employee’s age is a prohibited
the amount to which a non-disabled person performing the same work is entitled;
act. However, if the Bank’s intent is to observe the terms of a bona fide employment
(e) Favoring a non-disabled employee over a qualified disabled employee with respect
retirement or a voluntary early retirement plan is consistent with the purpose of the law and
to promotion, training opportunities, study and scholarship grants, solely on account of
the Labor Code, such may be allowed.
the latter’s disability;
(f) Re-assigning or transferring a disabled employee to a job or position he cannot
Another exception is when it is sprung out of a CBA, or is written in the contract and
perform by reason of his disability;
company policies prior to the enactment of this law.
(g) Dismissing or terminating the services of a disabled employee by reason of his
disability unless the employer can prove that he impairs the satisfactory performance of
4. If they want to implement voluntary retirement, do they need DOLE’s approval?
the work involve to the prejudice of the business entities; Provided, however, That the
employer first sought provide reasonable accommodations for disabled persons;
Yes, they shall submit a report prior its implementation to the DOLE-Regional Office that has
(h) Failing to select or administer in the effective manner employment tests which
jurisdiction over the office.
accurately reflect the skills, aptitude or other factor of the disabled applicant or
employee that such test purports to measure, rather than the impaired sensory, manual
5. Company wants to employ bouncer, male, age 25-35, did it violate?
or speaking skills of such applicant or employee, if any; and

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

No, unless it is able to prove that age is a bona fide occupational qualification reasonably An apprentice is a person undergoing training for an approved apprenticeable
necessary in the normal operation of a particular business, or when it is based on reasonable occupation during an established period assured by an apprenticeship agreement
factors other than age. This is one of the exceptions provided. (R.A. 7796, Sec. 4. par. (k))

6. Prohibited Acts? 2. What is an apprenticeable occupation?

• EMPLOYMENT Is an occupation officially endorsed by a tripartite body and approved for

i. Print or publish any notice relating to employment that suggests a apprenticeship by TESDA. (R.A. 7796, Sec. 4. Par (m)) that requires 3 months of
preference in age practical training on the job supplemented by theoretical institution.
ii. Require the declaration of age on application
iii. Deny an employment application based on age 3. What are the criteria to determine an apprenticeable occupation?
iv. Deny a promotion by reason of age
v. Discriminate against an individual in terms of compensation, privileges a. Qualifications of apprenticeship are met
vi. Lay-off because of old age b. Apprentice earns not less than 75% of the prescribed minimum salary
vii. Require early retirement without benefits c. Apprenticeship agreement is duly executed and signed
d. Apprenticeship program must be approved by TESDA, otherwise, he will be
• LABOR ORG deemed as a regular employee
i. Deny membership because of age e. Period shall not exceed 6 months
ii. Cause the employer to discriminate an employee by reason of age
4. Are learners and apprentices the same?
• PUBLISHER
i. To publish any notice suggesting preferences based on age NO. Learners are persons hired as trainees in semi-skilled occupations, which are non-
apprenticeable and may be learned through practical training on-the-job, which shall
7. Is the hiring of pilots beyond 60 years of age an act of discrimination? not exceed 3 months.

NO, same answer with the bouncer hypo. - Learners are only hired when there are no other experienced workers available, while
Apprentices are hired when they possess vocational aptitude after being assessed
8. Exceptions to the Prohibited Acts? through tests.

a. If age is a bona fide occupational qualification reasonably necessary in the 5. Minimum age of learners and apprentices?
normal operations of a particular business, or when differentiation is based on
other factors other than age For both: 15 years old, provided that those below 18 are hired only for non-hazardous
b. Intent is to observe a bona fide seniority system that is not inconsistent with jobs.
these Rules
c. Intent is to observe the terms of a voluntary retirement in accordance with these 6. Qualifications of a learner?
Rules
d. Action is duly certified by the SoLE in coordination with the stakeholders. • Must not be below 15 years of age
e. If there is a CBA, contract and company policies prior the enactment of these • A Learnership Agreement is duly executed
Rules.
7. Qualifications of an apprentice?
9. Penalties?
a. At least 15 years of age. Provided, that in case below 18, they are assigned
Fine not less that P50,000 but not more that P500,000 or imprisonment of not less than 3 to non-hazardous occupations;
months but not more than 2 years, or both, at the discretion of the court. b. Must be physically fit, or physically able in case of PWDs;
c. Must possess vocational aptitude and capacity for particular occupation;
d. Able to comprehend and follow the oral and written instructions.
APPRENTICESHIP & LEARNERS 8. How do you determine if it’s an apprenticeship or learnership? Is there an
Laws: R.A. 7796 and its IRR, Labor Code: Arts. 57-77 agency?

TESDA
1. Who is an apprentice?
9. Does the TESDA set forth the guidelines for the apprenticeship?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

YES, by the Office of the Non-Formal Technical-Vocational Education Training YES. When training on-the-job:
(1) when required by a school curriculum;
10. Requirement for valid apprenticeship agreement? (2) for taking a government board exam.

a. Must indicate the names of the contracting parties 19. Do you need the approval of DOLE?
b. Birthdate of the apprentice
c. Name of trade or occupation that the apprentice shall be trained with, with Yes, the DOLE through the Apprenticeship Division may authorize the hiring of
indication of when it will begin and end; apprentices without compensation.
d. Schedule of work, and time
e. Wages
f. Probationary period
g. A clause that if the employer is unable to fulfill his training obligation, that
PHILIPPINE GREEN JOBS ACT OF 2016
Laws: RA 10771 and D.O. 180 s. 2017
he may transfer the agreement, with consent of the apprentice, to any
other employer who is willing to assume such obligation.
1) What are Green Jobs?
11. CCC vs. Palad case
Refer to employment that contributes in preserving or restoring the quality of the
environment. These are jobs that help to protect ecosystems ad biodiversity, etc.
12. How long shall apprenticeship agreement last?
2) What is Green Economy?
Not less than 3 months, but not more than 6 months.
- 400 hours or 2 months for trades or occupations which normally require a year or
One, which is low carbon and resource efficient, and results in the generation of green
more for proficiency, and
jobs… entire definition for plus points
- 200 hours or 1 months for those that require less than 1 year of proficiency
3) What are the incentives?
13. Can it extend up to 8 months?
Tax Deduction – 50% from the taxable income equivalent
No, (Atlanta v. Sebolino) it will be considered as an invalid apprenticeship or he may be
Exempt Importation of Capital Equipment – not custom duties and taxes
considered as regular employee.
4) What are examples of Green Jobs?
14. When can an employer hire a learner?
Urban Growers
a. When no experienced workers are available;
Water quality technicians
b. The employment of such is necessary to prevent curtailment of
Clean Car engineers
employment opportunities;
Recyclers
c. No unfair competition and impairment of working standards
Wind Energy workers
15. If employers employ apprentices, are they required to hire the apprentice after
5) Agencies involved?
the lapse of agreement?
PSA
NO. The employer is not required.
DOF
DENR
16. What about a learner? Are they automatically hired?
DepED
CHED
The employer is compelled to employ the learner as a regular employee if he desires
TESDA
upon the completion of learnership.
NEDA
DTI
17. Who can terminate an apprenticeship agreement?
PRC
DOST
Either party, after the probationary period and only through valid cause (ex. Program
DOTr
no longer exists) *check mem-aid for valid causes of termination
DOT
DPWH
18. Is an apprenticeship valid even if there is no compensation?
Climate Change Commission

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Compiled by: Kira Jorgio

Internships – practical learning of a trainee in a regular work environment under the

mentorship of an employee for a period of up to 3 months.
JOBSTART PHILIPPINES ACT Technical training – technology-based theoretical instruction for a maximum period of 3
Laws: RA 10869 and D.O. 179 s. 2017
months. Maybe lecture of hands-on exercises
Life skills training – 10-day training to develop the attitude of trainee, enabling them to plan
1. What is Job Start Philippine Program
their career
DOLE’s program designed to enhance the employability of at-risk youth to improve their
9. Can a jobstart trainee participate in the internship without the life training?
integration into productive employment through the provision of the full cycle employment
facilitation services, life-skills training, job search assistance and job referrals.
Yes, what is only required is that the he has completed the technical training.
2. Purpose of the Program?
10. How is it different from apprenticeship?
To shorten the youth’s school to work transition
In Jobstart, the target population of the DOLE are out-of-school ‘at risk’ youth.
3. Allowance?
11. What are the fees needed?
Trainees – Daily training allowance determined by DOLE Internship (life skills and technical
Training grant and administrative fees.
training)
– Daily stipend of not less than 75% of minimum wage
12. What is the ‘training grant’?
4. If he exceeded 3 months, should he be considered a regular employee?
In-house training cost per trainee. The amount is determined by DOLE, which may be
adjusted during its annual program review. Higher fees may be requested for highly skilled,
He is considered probationary employee, which must not exceed 6 months.
but subject to DOLE’s approval.
5. Is the employer obligated to hire the employee?
13. What is the administrative fee?
No, employer must consider job-readiness
Preparation of payroll of Jobstart trainees
Use of supplies and equipment
6. Who are qualified?
Indirect/direct expenses pertaining to the training.
- Up to the maximum of 6 months
• Filipino citizen
• 18-24 years of age at the time of registration. Those who are 17 years old may 14. Can you still join the program if you graduated?
also register provided that they will be 18 years old at the time of the technical
training. At least high school graduate* 15. PROGRAM DESIGN? Part II
• Either currently not working, or have less than a year of work experience, not
enrolled in an educational or training program during the time of registration
• With less than 1 year, or no work, experience 16. What is the Participation Agreement? What is its nature?
*please check new IRR, considering K+12 program 17. Who conducts the job training?

7. Coverage PESO staff

Under JobStart, the youth beneficiaries shall receive full-cycle employment facilitation 18. Is it correct to say that the Jobstart replaced apprenticeship?
services that include:
• Career Guidance and Coaching, to be provided by PESO staff and other trained No. #10 questions
career guidance coaches and advocates;
• Life Skills training for 10 days; 19. Who pays for the allowance stipend? Is it subsidized by DOLE?
• Technical skills training for up to three months; and
• Company-based internships for up to six months. Training stipend - from JobStart Unit
Internship stipend - It is the employer’s duty to pay the trainee, paid once every 2 weeks.
8. Jobstart Internship v. Jobstart Technical v. Jobstart Life Skills Training Yes, with funding support from DOLE.

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

26. Dispute on trainee

20. If the PESO made job matching, are they required to execute a contract?
A grievance against or involving a JobStart trainee is to be resolved preliminary by the
21. What are in the contract? LGU/PESO Level Grievance Committee but may be referred to the DOLE Field Office or
directly to the DOLE Regional Office Level Grievance Committee if not resolved in the
22. Do they have Er-Ee relationship? LGU/PESO Level.

NO, 27. Ground for termination by trainee?

1. Right to hire or to the selection and engagement of the employee. d. Unsafe working conditions
2. Payment of wages and salaries for services. e. Cruel treatment
3. Power of dismissal or the power to impose disciplinary actions. f. Continuing illness
4. Power to control the employee with respect to the means and methods by which g. Pregnancy
the work is to be accomplished. h. Migration
i. Non-compliance of the employer of the conditions
This is known as the right-of-control test.
28. Procedure of filing cases in Jobstart?
23. Remedies available to the employer?
• PESO has initial jurisdiction
24. Function & Composition of the Grievance Committee • LGU
• DOLE – 20 DAYS to resolve, then final & executory in 10 days
Sec. 17. Grievance Committee. – The Grievance Committee shall have the initial
responsibility of settling differences in case of any violation of the training agreement or 29. Are there any incentives to employer for participating?
upon the filing of a complaint by an aggrieved party. The Grievance Committee shall be
composed of the officials and representatives of the concerned DOLE regional and field
offices, and PESOs that have jurisdiction over concerned establishments. The Committee
shall investigate and render a decision pursuant to pertinent rules and regulations. In case
of failure by the Grievance Committee to settle the issue or render a decision, or in case the
complaint is against members of the Grievance Committee, the case shall be referred to the
DOLE-BLE for appropriate action.

a. LGU/PESO Level Grievance Committee

i. PESO Manager, as Chairperson
ii. Members consisting of the senior representative of the LGU as
designated by the local chief executive
b. DOLE Regional Office Level Grievance Committee
i. The Director of the DOLE Regional Office, as Chairperson
ii. Members, consisting of 1 or 2 Field Office representatives, the DOLE
Regional Office Jobstart representative, and concerned PESO
Managers
c. BLE Level Grievance Committee
i. The Director of BLE, as Chairperson
ii. Members consisting of Division Chief and BLE Jobstart Program
Officer/s

25. Allowed absences in life skills training?

Must have been present 80% of the training days (so if 10 days, dapat 2 lang absences
niya)

Table 1 - JobStart v. Apprenticeship v. Learner

Target Population Agency who Age Duration Required to Compensation Cause/s of termination by Cause/s of termination by

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

implements Requirement Hire ER Ee

Jobstart Out-of-school ‘at- JobStart Unit, 18-24 years old. Internships – for a NO, employer Stipend 1. Habitual absenteeism 5. Unsafe working
trainee risk’ youth PESO, DOLE A 17-y/o may be period of up to 3 must consider Allowance 2. Willful disobedience conditions
allowed to join if months. job readiness 3. Theft or malicious 6. Cruel treatment
he/she will turn Technical training because work destruction 7. Continuing illness
18 before the – for a maximum is easily 4. Engaging in violence 8. Pregnancy
commencement period of 3 months. learnable 9. Migration
of the job. Life skills training – 10. Non-compliance of the
10 days employer of the
conditions
Apprentice Any person TESDA Any person 15 More than 3 No obligation Must not be 25% 1. Poor Physical condition 1. Deleterious working
qualified for a highly or above, months, but must to hire lower than the 2. Habitual Absenteeism conditions
skilled provided, that if not exceed 6 prevailing 3. Willful disobedience 2. Bad health/continuing
apprenticeable he/she is below minimum wage 4. Poor efficiency illness
occupation 18, he/she is 5. Engaging in violence 3. Cruel/inhumane
assigned to non- 6. Theft or malicious treatment
*may be a disabled hazardous jobs destruction 4. Repeated violence
person 5. Personal problems
Learner Any person TESDA Any person 15 Not less than 6 Upon the Must not be 25%
qualified for semi- or above, months completion, lower than the Cancellation of the program—when the program no longer
skilled occupations provided, that if the employer prevailing exists
approved by he/she is below may be minimum wage
TESDA 18, he/she is compelled to
assigned to non- hire learner
hazardous jobs

----------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------

EMPLOYER-EMPLOYEE RELATIONSHIP *for reference, check Orozco case (PDI employment, columnist)
Laws: Labor Code
Frequently asked cases: Lu v. Enopio, Nestle v. Pineda, Locsin v. PLDT, TAPE v. Servana, 4. What are the guidelines? 7 economic realities
Jardin v. NLRC, Bernarte v. PBA, Coca-Cola v. Climaco, Tongko v. Manulife, Sonza v. ABSCBN,
Dumpit Murillo v. CA, David v. Macasi, Chevron v. Galit 1) Extent to which the services performed formed an integral part of the employer’s
business
1. Who is an employer? 2) Extent of the worker’s investment in equipment and facilities
3) Nature and degree of control exercised by the employer
Employer – one for whom employees work and who pays their wages or salaries, any person 4) Worker’s opportunity for profit and loss
natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, 5) The amount of initiative, skill, judgement required for the success of the claimed
industry, undertaking or activity of any kind and uses the services of another person who is independent enterprise
under his order as regards the employment 6) Permanency/duration of the relationship
7) Degree of dependence of the worker upon the employer for his continued
2. Who is an employee? employment in that line of business (Francisco v. NLRC)

Employee – any person who performs services for an employer in which either or both 5. What is the four-fold test?
mental and physical efforts are used and who receives compensation for such services,
where there is employer -employee relationship. a. Selection and engagement of the employee
b. Payment of wages
3. In Francisco v. NLRC, what is the two-tiered test? c. Power of dismissal; and
d. Power to control
1) The putative employer’s power to control the employee with respect to the means
and methods by which the work is to be accomplished *All these need to exist
2) Economic realities of the activity or relationship

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

6. Which test do you apply? "Managerial employees" refer to those whose primary duty consists of the management of
the establishment in which they are employed or of a department or subdivision thereof, and
Generally, the four-fold test or the control test. But in the event where it is still hard to to other officers or members of the managerial staff.
determine, the two-tiered test must apply.
4. Difference of a supervisor to a manager? Art 212 (m)
7. Differentiate Sonza v. Dumpit Murillo
Supervisory employees are those who, in the interest of the employer, effectively
In Sonza, there was no control test. It was ruled that Jay Sonza was only acting under an recommend such managerial actions if the exercise of such authority is not merely routinary
Agreement between ABS-CBN and he was given the freedom to execute the hosting or clerical in nature but requires the use of independent judgment. All employees not falling
according to his own style. Control test was not applicable. within any of the above definitions are considered rank-and-file employees for purposes of
this Book.
In Dumpit-Murillo case, it is evident that the contract was only there to preclude her tenurial
employment. It is also evident that ABC had full control over her means and method and that 5. Characteristics of a manager?
she was dependent of ABC for employment.
i. Primary duty consists of the management of the establishment
ii. Customarily and regularly direct the work of two or more employees therein
iii. Have the authority to hire or fire other employees of lower rank; or their suggestions
EMPLOYMENT BENEFITS and recommendations as to the hiring and firing and as to promotion are given
Laws: Labor Code, Handbook on Workers Statutory Monetary Benefits, D.O. No. 118-12 s. 2012,
particular weight
Expanded Breastfeeding Act and its IRR (D.O. No. 143-15), D.O. No. 178-17 (Spend Long Hours
Sitting), D.O. 178-17 (Spend Long Hours Standing)
6. Why are managerial employees not entitled to benefits?
Cases: Autobus v. Bautista
They are employed by reason of their special training, experience, or knowledge. Therefore,
1. What does Art 82 provide?
the value of their work cannot be measured in terms of hours
Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments
7. Types of managerial employees (United Pepsi-Cola Supervisory Union v. Luagesma)
and undertakings whether for profit or not, but not to government employees, managerial
employees, field personnel, members of the family of the employer who are dependent on
Types of Managerial Employees
him for support, domestic helpers, persons in the personal service of another, and workers
The term "manager" generally refers to "anyone who is responsible for subordinates
who are paid by results as determined by the Secretary of Labor in appropriate regulations.
and other organizational resources."
As used herein, "managerial employees" refer to those whose primary duty consists of the
As a class, managers constitute three levels of a pyramid:
management of the establishment in which they are employed or of a department or
subdivision thereof, and to other officers or members of the managerial staff.
Top management
————————
"Field personnel" shall refer to non-agricultural employees who regularly perform their duties
away from the principal place of business or branch office of the employer and whose actual
Middle Management
hours of work in the field cannot be determined with reasonable certainty.
——————————
2. Benefits provided in Title I, Book 3 (Reg3-WON-CAS2)
First-Line Management (also called Supervisor)
1) Regular working hours
====================
2) Regular working days
3) Regular meal periods
Operatives or Operating Employees
4) Weekly rest
5) Overtime work
FIRST-LINE MANAGERS — The lowest level in an organization at which individuals
6) Night-shift differential pay
are responsible for the work of others is called first-line or first-level management. First-
7) Compensation for holiday work
line managers direct operating employees only; they do not supervise other managers.
8) Additional compensation for weekends and schedules rest days
Examples of first-line managers are the "foreman" or production supervisor in a
9) Service Incentive Leave
manufacturing plant, the technical supervisor in a research department, and the clerical
10) Share in collective service charges
supervisor in a large office. First-level managers are often called supervisors.
3. Who is a managerial employee?

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Compiled by: Kira Jorgio

MIDDLE MANAGERS — The term middle management can refer to more than one These are those whose work is not measured by the time they spent the time to complete
level in an organization. Middle managers direct the activities of other managers and the work. TIME IS NOT AN ELEMENT. Such work is measured either by: (a) piece; (b) task.
sometimes also those of operating employees. Middle managers' principal
responsibilities are to direct the activities that implement their organizations' policies 14. Normal hours of work
and to balance the demands of their superiors with the capacities of their subordinates.
A plant manager in an electronics firm is an example of a middle manager. 8-hour Labor Law (Art. 83)
Shall not exceed 8 hours per day. The basis of the 8-hour work requirement is to ensure that
TOP MANAGERS — Composed of a comparatively small group of executives, top the best work conditions are provided for the employees
management is responsible for the overall management of the organization. It
establishes operating policies and guides the organization's interactions with its 15. How do we compute the 8 hours?
environment. Typical titles of top managers are "chief executive officer," "president,"
and "senior vice-president." Actual titles vary from one organization to another and are ART 84. Shall include: (a) all the time the employee is required to be on duty; (b) all the time
not always a reliable guide to membership in the highest management classification.2 that an employee is suffered/permitted to work

As can be seen from this description, a distinction exists between those who have the 16. Do we prescribe these rules in the hospital?
authority to devise, implement and control strategic and operational policies (top and
middle managers) and those whose task is simply to ensure that such policies are As provided in Article 83, YES. But this provision DOES NOT APPLY to health personnel in
carried out by the rank-and-file employees of an organization (first-level the gov’t service.
managers/supervisors). What distinguishes them from the rank-and-file employees is
that they act in the interest of the employer in supervising such rank-and-file Those with a population AT LEAST 1 million or in hospitals or in hospitals and
employees. clinic with a bed capacity of AT LEAST 100

"Managerial employees" may therefore be said to fall into two distinct categories: the a) Shall be 8 hours a day for 5 days a week or 40 hours a week, exclusive of mealtimes
"managers" per se, who compose the former group described above, and the b) In case of exigencies, they may work for 6 days or 48 hours, but must be entitled to
"supervisors" who form the latter group. Whether they belong to the first or the second additional compensation of at least 30% of their regular wage for the work performed
category, managers, vis-á-vis employers, are, likewise, employees. that day.

8. X is head of accounting department, required to log in and out of work. She works for 17. Coverage
8 hours and supervises 5-6 employees, assess and rates subordinates, recommends
disciplinary actions. Is he a managerial employee? • Resident Physicians
• Nurses
9. What is a domestic helper? • Workers
• Dieticians
1. Perform services in the employer’s home which are usually necessary and • Pharmacists
desirable for the maintenance or enjoyment thereof • Lab technologists
2. Minister to the personal comfort, convenience or safety of the employer’s • Midwives
household
18. Workday v. Work week
10. What is a field personnel?
A workday is a 24-hour period commencing from the time an employee regularly starts to
1) Who regularly perform their duties away from the principal place of business or work regardless of whether the work is broken or continuous. It may not conclude with a
branch office of the employer; and calendar day (Calendar day start from 12mn to 11:59 PM)
2) Whose actual hours of work in the field cannot be determined with reasonable
certainty
An employee's workweek is a fixed and regularly recurring period of 168 hours—seven
consecutive 24-hour periods.
11. What is an example of field personnel?
19. Mr. X, clerk, worked from 8 AM – 6 PM, how many hours were worked?
Doctor/physician in the case of Coca-Cola v. Climaco
20. Is mealtime compensable? Omnibus Rules on LC
12. X is a pahinante, he sleeps in the truck. Is that considered as hours worked?
GENERAL RULE, No. It is imperative for the employer to give his employees not less than 1-
13. Piece-rate workers v. workers by result hour time off for regular meals except in the following cases when a meal period of less that

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

20 minutes may be given by the employer and is considered as compensable in the following
cases: 29. Can employer shorten work hours from 8 to 6 hours? HYPO: Mr. X owns a company
(a) when work is non-manual work and does not require physical exertion and has 60 employees. He observed that from 8-9 AM, the workers only chat and after
(b) when the establishment operates not less than 16 hours a day lunch, they sleep, 6 hours lang talaga yung actual work.
(c) Impending emergencies
(d) when work is necessary to prevent serious loss of perishable goods. Yes, provided that the shortening will be proportionate to what the regular working hours
provide.
21. Who fixes the meal period of the employee?
30. Is the travel from home to office via company bus, is it considered?
The employer
YES. It Is one of the exceptions.
22. Is it okay to set the meal period 2-3 PM? Is it not fixed to 12NN-1PM?
GENERALLY, NO. Except: (1) working on an emergency call; (2) if the conveyance is
23. Are coffee breaks counted? provided by the employer; (3) travel is under the supervision and control of the employer.

YES, provided that it will only run from 5 minutes to 20 minutes 31. Does the under time offset overtime?

24. X, a Company driver was tasked to drive to Er from house to work required to wait NO.
until the end of employer’s work. X sleeps while waiting, is it considered hours
worked? Art. 88. Under time not offset by overtime. Under time work on any particular day shall not be
offset by overtime work on any other day. Permission given to the employee to go on leave
Yes, he is considered as Engaged To Wait, and (1) his waiting time is an integral part of his on some other day of the week shall not exempt the employer from paying the additional
work; (2) he was required by his employer to wait; and (3) He was required to be on-call. compensation required in this Chapter.

25. Is it required that X needs to be nearby? What if his house is near the Er’s workplace, The principle here is that the employee should not be deprived of the benefit of overtime pay.
can he go home? Under the law, the normal hours of work of any employee shall not exceed 8 hours. Anything
beyond 8 hours should be paid the overtime premium.
Yes, he is required to be within the area or so close thereto.
Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed
26. Who determines the rest day? eight (8) hours a day.

Art. 91. It shall be the duty of every employer to provide each of his employees a rest period Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that
of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal the employee is paid for the overtime work, an additional compensation equivalent to his
workdays. regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight
hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate
The employer shall determine and schedule the weekly rest day of his employees to be of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
subject to collective bargaining agreement and to such rules and regulations as the
Secretary of Labor and Employment may provide. However, the employer shall respect the 32. What if these employees have been working from 8-5 for 7 years, is the employer
preference of employees as to their weekly rest day when such preference is based on allowed to change that?
religious grounds.
Yes, it is part of a valid management prerogative. Provided, that there are no diminution of
27. The employer is a storeowner, X works there, and his rest day is Saturday, but the Er benefits and employees were duly notified
compels X to work on a Saturday. Can he do that?
33. Can employee lessen hours of work?
28. Mr. X attends mass on Sundays, and he works at a restaurant, is the employer
mandated to grant this request? YES, the Labor Code provides for the maximum and not minimum.

The law protects both current employees and job applicants against religious discrimination. 34. What if the reason is to avoid profit losses?
Since asking job applicants about their availability on specific days tends to screen out
employees with certain religious practices who need accommodation, employers should not 35. If brownout was for 4 hours. Company told them that they could do whatever they
ask this question during the hiring process. want but not leave the office. Is it considered hours worked?

Will be tantamount to religious discrimination. DOLE Policy Instruction No. 36

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

1. If 20 minutes or less, compensable hours 42. Should they need to notify DOLE?
2. More than 20 minutes, not hours worked, provided:
o They can leave their workplace or go elsewhere YES, and in cases that the work includes hazardous substances or in conditions that are
o Use the time effectively hazardous to the health and safety of the employees, a certification is required.

36. How about CBA negotiations? 43. Would it not violate Art 100?

GENERALLY, not compensable, except if: No, it is a valid exception, provided that the conditions are met.
there is an agreement;
established practice 44. What is NSD?
done during regular work hours
Art. 86. 10% for each hour of worked performed between 10PM-6AM.
Grievance meeting – COMPENSABLE, if employees are required by employer to be on
the premises, EXCEPT: when there is a bona fide union is involved and there is a CBA 45. Basis of the 10%?
Conciliation – not compensable if the conciliation is against the Er
Strikes – not compensable, except if there is an agreed strike duration pay 46. What is Overtime work pay?

37. What about conferences? Pay for work performed beyond 8 hours.

38. What is CWW? 47. How do you compute? How much?

Resorted by the employer, they must agree to the temporary change, provided: Payment of 25% on a regular day
(1) supported by majority of the employees; Payment of 30% on a holiday
(2) if work is hazardous, there must be a Certification;
(3) DOLE is notified 48. Can OT pay be waived?

Conditions: The right to overtime pay cannot be waived. Any stipulation in a contract stating that an
• if work beyond 8 hours will not be compensable by OT premium provided it employee must work beyond eight hours without being compensated for it is illegal.
will not exceed 12 hours
• Entitlement to meal periods Except: if promised of better benefits and compressed work week, or for when there is a
• No diminution of benefits need for such when it might cause loss or injury to the employer’s business.

39. CWW v. Flexible work arrangements 49. Mr. X is a part-time security guard who works for 4 hours. On Feb 5, tasked to work 8-
hour shift to cover for the shift because the employee to cover the shift is going to be
D.A. No. 2-9 absent. Is he entitled to pay?
- Is a better alternative than the outright termination of the services of the employee, ad must
also be temporary: YES.
1. broken-time schedule, which when combined will not be less than required
work hours 50. Can he be compelled to render OT?
2. forced leave, to utilize their leave requirement
3. flexi-holiday schedule As a general rule, overtime must be voluntary. Two exceptions, usually raised for
4. reduction of workdays “Emergency Overtime Work” are Article 89 (e) Labor Code of the Philippines, which states
5. rotation of workers that, “Where the completion or continuation of the work started before the eighth hour is
necessary to prevent serious obstruction or prejudice to the business or operations of the
40. If CWW exceeds 10 hours, is he entitled to payment? Do we add the 25% premium? employer.” And Article 92 (e) also states that, “Where the nature of the work requires
continuous operations and the stoppage of work may result in irreparable injury or loss to the
No, the measure used is that it must not exceed 12 hours, or 48 hours a week. Otherwise, employer.”
the employee shall be subject to overtime premium.
Emergency Overtime Work:
41. Can the employer do it unilaterally? • In times of war
• When work is entirely dependent on weather
NO, consent is required of the MAJORITY of the employees affected. • Necessary to preserve the perishables
• There is urgent work

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

• To prevent impeccable loss Special Holidays:

• If lack of employees with result to prejudice in the business
Ninoy Aquino Day August 21
51. What if the OT is not consented by employer? Is it compensable? All Saints’ Day November 1
Immaculate Conception of Mary December 8
52. Mr. X, a security guard, asked to waive OT pay in exchange of 10K/month, is it a valid New Years’ Eve December 31
stipulation? Any holiday declared by the
President or any local
53. Mr. X wants to participate in basketball game tomorrow. So he took papers home and ordinance.
encoded it there. He recorded and it was done in total of 4 hours. Is it compensated?
59. What kind of holiday are:
54. How is premium pay computed? All terms 1) CNY?
2) EDSA Revolution
Additional pay for work performed within 8 hours on non-workdays, such as rest days and 3) Manila Day
special days. 4) General Elections?
• If required to work on rest day 60. Are monthly paid employees entitled to holiday pay?
• If rest day falls on Sunday
• If rest day on a regular holiday YES.
• If rest day falls on a special day
61. What are the divisors indicating inclusion of legal holidays?
55. What is holiday pay?
304, over 365, as the former is more favorable to the employees and yields higher rate that
Payment of regular daily wage for any unworked regular holiday. the latter.

56. What if the employee is absent the day before? 62. Service charge – how much is given?

• If absent with pay, he is entitled 85% of which for employers and contractors working therein
• If absent was without pay, he may not be entitled 15% goes to the management to answer for breakages, losses and for the distribution to
managerial employees, at the discretion of the management at the latter case.
57. How many regular holidays?
63. Service Incentive Leave
12 as provided for by law. (MALIGN2-BEER-C) Art. 95. Every employee who has rendered at least one year of service is entitle to Service
Incentive Leave of 5 days, WITH PAY.
Maundy Thursday Movable date
Araw ng Kagitingan April 9 64. Who are entitled to SILP?
Labor Day May 1
Independence Day June 12 All employees, except those in Handbook of Benefits for workers.
Good Friday Movable Date
New Year’s Day January 1 65. Is it continuous?
National Heroes’ Day Last Monday of August
Bonifacio Day November 30 Maybe broken, because it is reckoned from the day the employee started working. The
period includes the authorized absences, unworked weekly rest days and paid regular
Eid’l Fitr Movable Date holidays.
Eid’l Adha Movable Date
Rizal Day December 30
66. Coverage, and exceptions other than those mentioned in the law
Christmas Day December 25
In addition,
58. Regular holiday v. Special holiday?
• Those already enjoying this benefit
• Those establishments who employ less than 10 people.
Work during a regular holiday entails double pay, while work on a special day entails only
additional pay/premium pay.
67. Discuss SILP issue in David v. Macasio

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

68. Lactation Stations II. Compute the NSD

Sec. 11, R.A. 10028. All health and non-health facilities, establishments or institutions shall DAILY WAGE/NORMAL HOURS OF WORK x 1.1 x hours worked
establish lactation stations. The following are, but not limited to, equipment and facilities such from 10PM – 6 AM
as: (1) Lavatory for hand washing, (2) refrigeration and cooling facilities for breast milk; (3)
electrical outlets for breast pumps; (4) small table; (5) comfortable seats. i. 85.9375 x 1.1 = 94.53125
ii. 94.53125 x 2 = 189.0625 – this is the NSD pay
69. Period allowed for lactation? What If the lactating employee takes 2 hours? Is it still
compensable? III. Add the Daily Wage + OT pay + NSD

As mandated by law, they are given breaks on top off meal-periods for a duration of 40 550 + 429.6875 + 189.0625 = 1,168.75
minutes for every eight hours of work.

70. Are establishments required to put up lactation stations? WAGE FOR OCT. 31 = 1,168.75

AS A GENERAL RULE, yes. But an exception may be given provided that the establishment
secures a (1) certification of exception that no female clients visit/transact with the
establishment; (2) or there are no nursing or lactating employees; (3) there are no pregnant b) DECEMBER 25 – holiday
employees.
I. Compute OT pay first
71. A small car shop in Banawe employs 6 men, are they required to put up a lactation
station? DAILY WAGE/NORMAL HOURS OF WORK x 2 x 1.3 (because holiday
and OT on a holiday) x hours worked overtime
Yes. It is one of those excepted. (IRR on Lactation Station)
550/8 x 2 x 1.3 x 5
72. Measures under D.O. 184-17
i. 68.75 x 2 = 137.5
73. 2018 COMPUTATION: ii. 137.5 x 1.3 = 178.75 – this is the hourly rate for THE OT on
a holiday
Daily Wage = P550 iii. 178.75 x 5 = 893.75 – this is the OT pay
Work hours are from M-F, 8-5 PM
He was requested to work on October 31 and December 25 from 8AM to 12 MN. II. Compute the NSD
Compute the OT pay and NSD.
DAILY WAGE/NORMAL HOURS OF WORK x 1.1 x hours worked
from 10PM – 6 AM
a) OCTOBER 31 – regular workday
i. 178.75 x 1.1 x 2 = 393.25
I. Compute OT pay first
III. Add the DAILY WAGE x 2 (because holiday) + OT PAY + NSD
DAILY WAGE/NORMAL HOURS OF WORK x 1.25 x hours worked
overtime 1100 + 893.75 + 393.25 = 2,387

WAGE FOR DECEMBER 25 = 2,387

(550/8) x 1.25 x 5 – hours worked before 10 PM (5-10 PM)

74. 2019 COMPUTATION:

i. 550/8 = 68.75 – this is the hourly rate X is a cashier that works on minimum wage. Her work is from Monday to
Saturday, 8-5 PM. However, on June 12, she was compelled to work from 8 AM to
ii. 68.75 x 1.25 = 85.9375 – this is the hourly rate for the OT 11 PM. How much is her salary?

iii. 85.9375 x 5 = 429.6875 – this is the OT pay Answer: June 12 is a holiday, so we must follow this equation

I. Compute for the OT

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

DAILY WAGE/NORMAL HOURS OF WORK x 2 (because a holiday) x - When an Er enters into a contract with another person for the performance of
1.3 (holiday w/OT) x work in excess of 8 hrs. another’s work.
- In the event that the C/S fails to pay the wages of his employees, the employer
i. 527/8 x 2 x 1.3 shall be jointly and severally liable with the contractor/sub to the extent of the
ii. 65.875 x 2 x 1.3 work performed.
iii. 131.75 x 1.3 - The SoLE is empowered to regulate, restrict and prohibit contracting-out of labor
iv. 171.275 x 5 (hours worked OT before 10PM) - There is labor-only contracting where the person supplying work:
o Does not have substantial capital or investment in the form of tools
876.375 o Workers recruited are performing activities which are directly related
to the principal business of the employer
II. Compute for the NSD o (In this case, the C/S is considered only as the agent of the employer)

DAILY WAGE/NORMAL HOURS OF WORK x 1.1 x hours worked (2) Explain the trilateral relationship
from 10PM – 6 AM
It is the relationship formed between the principal and the contractor and the contractor and
i. 527/8 x 1.1 x 1 the employee.
ii. 65.875 x 1.1 x 1 (1) The principal decides to farm out a job or a service to a contractor or subcontractor;
iii. 72.4625 x 1 (2) The C/S has the capacity to undertake the performance or a job, work or service;
(3) the workers are engaged by the contractor.
72.4625
(3) What is the nature of relationship between the employee and principal?
III. Add the Daily Wage x 2 (because holiday) + OT + NSD Indirect Er-Ee relationship, OR NO PRIVITY OF CONTRACTS.

i. 527 x 2 + 856.375 + 72.462 (4) Only indirect?

ii. 1054 + 243.737
If it is a legitimate labor contracting. If not or if the Er/Contractor is guilty of committing illicit
2,002.84 forms of employment arrangements, the worker will be considered as an Employee of the Er.

IV. Finally, add the +10 COLA to the Wage (5) Requirements for legitimate contracting

i. 2,002.84 + 10 = - SUBSTANTIAL CAPITAL

o Investment in the form of tools, equipment, machineries, supervision, etc
2012.84
- EXERCISE OF CONTROL OVER CONTRACTOR’S EMPLOYEES
It is important to note these when you’re computing for wages
- DULY REGISTERED WITH DOLE
1. If the given amount is MINIMUM WAGE, before computing, you must first
(6) What is an in-house agency? D.O. 174-17
deduct 10 PESOS (or the prevailing COLA) because the COLA is not
included in the computation
(7) What is a cabo? D.O. 174-17
2. If the given amount is NOT MINIMUM WAGE, there will be no need to
deduct the COLA, because, there, the COLA is presumed.
(8) “Contracting” D.O. 174-17

(9) When is there ‘labor-only’ contracting?

CONTRACTING AND SUB-CONTRACTING a. Lack of substantial capital/investment AND performance of activities directly related to
Laws: Art. 106-109, D.C. 01, L.A. No. 06-17
principal’s business (confirming element)
Frequently Asked Cases: Spic n’ Span v. Paje; Casap v. Adidas; Aliviado v. P&G; Petron v.
b. The contractor does not exercise the right of control over the performance of the
Caberte; Vigilla v. PCCI; Babas v. Lorenzo Shipping Co., Mandaue Galleon Trade
contractual EE (confirming element)
c. The arrangement is merely to recruit, supply or place workers to perform a job, work, or
(1) What is Art 106? service for a principal (Essential Element)
LOC = Essential Element + either or both confirming element/s
Contracting and sub-contracting

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(20) Period of validity?

(10) Mr. X, a sole proprietor has a contracting agency with a 5M capital and that the
employees work is necessary for business of employer. Is that legitimate contracting?

YES. Contracting out a job related or necessary or desirable to the principal’s main business
WAGES
Laws: Arts 97-119, Labor Code
is not unlawful.
Frequently asked cases: DBP v. NLRC, American Wire Employees Union v. American Wire,
Lepanto v. Lepanto Employees Assoc., Songco, SLL.
(11) Employee is under the direct control of employer, tapos may capital naman yung
contractor, is it a labor-only contractorship?
1) Wages
YES. To have LOC, the essential element of supplying workers to another is not enough.
• Are paid to any employee shall mean the remuneration or earnings, however
Either of the confirming elements must be present.
designated, capable of being expressed in terms of money, whether fixed or
ascertained on a time, task, piece, or commission basis, or other method of
Confirming elements: (a) Capital, and (b) Control.
calculating the same, which is payable by an employer to an employee under a
written or unwritten contract of employment for work done or to be done, or for
(12) Other illicit forms of L.O.C.? Sec. 6, D.O. 174-17
services rendered or to be rendered and includes the fair and reasonable value, as
determined by the Secretary of Labor and Employment, of board, lodging, or other
(13) Mr. X has a 5m capital for security agency, assigned 2 guards to S Bank. They assist
facilities customarily furnished by the employer to the employee. “Fair and reasonable
the general manager in locking. Take note of those who enter premises, assist clients
value” shall not include any profit to the employer, or to any person affiliated with the
in parking, and open/closing bank as directed by the bank manager. Is it L.O.C.?
employer. (Art. 97, LC)
(14) Mr. X is the owner of Y Agency and has deployed 16 workers to B Restaurant. They
had a captain who orients the employees of Y Agency. A Headwaiter orients the rules. • Includes Commission, Facilities and Commodities
It is the company who pays wages and has power to dismiss. However, restaurant
directs whom to serve, ordered to assist customers. Assuming that Mr. X has • Wages do not apply to farm tenancy, domestic workers and persons working in their
substantial capital, is it L.O.C.? respective homes, cooperatives, barangay Micro Business Enterprise

YES. Confirming Element number 2. He should be supervising or controlling the work 2) Salary
performance of the persons hired.
Remuneration paid to white-collared workers and denotes a higher grade of employment. It
(15) What if restaurant owner repeatedly hired workers for another year, is Y Agency may be subject to execution, garnishment and execution. (Gaa v. CA)
engaged in L.O.C.?
WAGE SALARY
(16) Employees of Y Agency of Y Agency, on the ground of serious misconduct (stealing). Compensation for skilled or unskilled manual Paid to white-collared workers and denotes a
Employee filed for Illegal Dismissal; can the employee implead the employer? labor higher grade of employment
Generally, not subject to garnishment and Not exempt from execution, garnishment and
(17) What if the Service Agreement was pre-terminated (failed to pay their employees)? execution, except for debts relating to food, attachment.
Can employees file for recovery from the principal in the contractor? clothing, shelter and medicine

It depends. Sec. 13. 3) Facilities and requirement for it to be deductible?

(18) Are the employees of the legitimate contractor entitled to separation pay? On what all the articles or services for the benefit and subsistence of the Ee and his family but shall
ground? not include the tools of trade or articles FOR THE BENEFIT OF THE ER, even when
necessary to conduct the business.
Yes, according to Sec. 10 of D.O. 174-17, and because the employees are employees of the
contractor, they have the rights and privileges enjoyed under the LC. Requirements:
(19) What if the Service Agreement has been cancelled? Can he apply again? Is it • PROOF that such is customarily furnished by trade
perpetual?
• ACCEPTED IN WRITING by the Ee
• Charged at FAIR AND REASONABLE VALUE.
Sec. 13. The mere expiration of the Service Agreement shall not be deemed as a termination
of the contractor’s employees WHO ARE REGULAR EMPLOYEES of the latter.
4) Supplements

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Compiled by: Kira Jorgio

Constitute extra remuneration or special privileges or benefits given to the Er above their when it is made part of wage, salary or compensation of employee (e.g. it has been
ordinary earnings or wages. promised by the employer, or it has been a long-time practice)

5) Commission v. Allowance 14) Is “lapse of time” considered in ripening of a practice? May minimum years ba?

Commission Allowance 15) X gave his employees performance bonus. Last year, it only reached 80% of the target
Direct remuneration received by an agent, Amount of money, which are not part of wages, sales. So, there was no bonus. Did ER violate?
salesman, executor, broker calculated as but are given in consideration of certain
percentage on the amount of his transactions expenses like transportation AND 16) X, gave 14th months for 2 years, but this year, they lost P 1 Billion. They can no longer
or on the profit to the principal representation. give 14th month pay. Did they violate?

17) Art 102-105, payment, requisites

6) Does Commission form part of the Wages?
Art 102 – FORMS OF PAYMENT (How)
7) X is a realtor (desk job). Er offered to give commission when a property was sold. Is
As a general rule, employer cannot pay his workers by means of (V-PAC2T2)
that commission part of the wages?
Vouchers;
Promissory notes;
8) Article 100 – NON-DIMUNITION OF BENEFITS; when applicable?
Any objects other than legal tender;
Coupons;
• When practice is consistent and deliberate Chits;
• The diminution of discontinuance is done unilaterally by the employer, with legal bases Tokens; or
(ex. Company downgrade) Tickets
• The grant has ripened into practice *must always be legal tender
• The practice is not due to the error in construction or application of a law EXCEPT:
• Wage order compliance By Special Circumstances as determined by SoLE
• Reclassification of position If stipulated in the CBA
When there is a bank within 1KM from Workplace
9) What is company practice - That they are given reasonable time during working hours to
withdraw the wages from the bank
10) Gratuity pay v. Bonus - And that it is consented by the worker

Gratuity is something given freely or without recompense to reward employees who have Art 103 – TIME OF PAYMENT (When)
rendered satisfactory and efficient service Once every two weeks or twice a month at intervals not exceeding 16 days.
EXCEPT in cases of force majeure, the Er is obligated to pay immediately
*Ang bonus pwedeng ‘di monetary
Art 104 - PLACE OF PAYMENT (Where)
11) If bonus has ripened into a company practice, can it be unilaterally withdrawn? At or near the place of undertaking

Yes. (American Wire and Cable Daily Rated Employees Union v. American Wire and Cable Art 105 – DIRECT PAYMENT (To whom)
Co., Inc.) All the said benefits are in excess of what the law requires each employer to give Directly to the employee thereto.
its employees. (Ex. When these are only incidental benefits or when it depended on the EXCEPT:
financial stability of the employer) If by force majeure, to any person authorized by the Ee
- or if it appears that an error has been made in the implementation of a Wage Order. In case of death, to the heirs, with attestation (Affidavit of Next Kin)
If authorized, to a member of his family
12) How can you say it has ripened?

If the giving of the bonus should have been done over a long period of time and must be 18) What is Art 110?
shown to have been consistent and deliberate.
Preference of unpaid wages and other monetary claims in case of bankruptcy, before claims
13) When is a bonus enforceable and demandable? of government and other creditors.

As a general rule, the granting of a bonus is a management prerogative, something given in 19) Assuming that there is judicial declaration, do they enjoy the preferred status? How
addition to what is ordinarily received. A bonus is not demandable and enforceable except about the taxes?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

There is nothing that prevents the employees to enforce such right, however, the preference 26) Mr. X, employee of Y, has a debt to Mr. A, a neighbor of Y. Can Mr. Y deduct the wage
of credits under the CC must govern. Credits due the laborer are only ORDINARY CREDITS. of Mr. X?
a. Does he need the consent of X?
Applies only to claims that do not attach in properties (DBP v. NLRC)
YES, if it is a payment to a THIRD PERSON.
20) Employer has debt on Gov’t, and then a ship mortgage, then employees, then
creditors? b. What if the debt is due and demandable and instead of A, Y is the creditor?

Under Art 2241(?) the taxes must be first exhausted. No need if the creditor is the employer.

21) Art. 111? 27) Can agency fee be deducted without the employee’s consent?

Attorney’s fees imposed upon the losing party. No.

1. in unlawful withholding of wages, the culpable party may be assessed attorney’s 28) What is an agency fee?
fees equivalent to 10%
2. It shall be unlawful for any person to demand or accept attorney’s fees that exceed It is a counterpart of union dues, in this case, it is paid by a non-union member to enjoy
10% of the amount of wages recovered. benefits enjoyed by union members.

22) What does ‘no less than 10%’? Can it exceed? 29) Art 114- is the prohibition absolute?

YES, as between the lawyer and the client, the attorney’s fees may exceed 10% on the basis NO. These are the exceptions: (1) Practice of making deductions is recognized; (2) Practice
of quantum meruit—or as much as he deserves. It is anchored on the basis that it is unjust to is recognized by the DOLE; (3) Ordered by the Court. PROVIDED, the employee is given the
retain benefit without paying for it. chance to be heard.

23) When can the LA Award Attorney’s fees? 30) X was guilty of destroying company property. Can it be deducted from its wages?
• Withholding of wages
• Those arising from CBA negotiations
(*ARTS 115-119, are merely codal provisions, according to Atty. Golangco)
On the basis of quantum meruit (Canon 20 of the Code of Professional Responsibility)
(a) time spent & extent of services
(b) difficulty of questions involved
(c) importance of subject matter WAGE STUDIES, WAGE ARRANGEMENTS AND WAGE DISTORTIONS
(d) skill demanded Laws: Arts 120-127, Labor Code
(e) amount involved Cases asked: Bankard & P.I. Manufacturing case
(f) character of employment
(g) professional standing of the lawyer (1) Powers and Functions of the NWPC?

24) Can LA award Attorney’s fees as damages? Art. 121. Powers and functions of the Commission. The Commission shall have the
following powers and functions:
In cases where Ee was required to litigate. Extraordinary cases. a. To act as the national consultative and advisory body to the President of the
Philippines and Congress on matters relating to wages, incomes and productivity;
25) Aside from those enumerated under Art 113, when can an employer deduct without b. To formulate policies and guidelines on wages, incomes and productivity
consent of employee? improvement at the enterprise, industry and national levels;
c. To prescribe rules and guidelines for the determination of appropriate minimum
• Union dues wage and productivity measures at the regional, provincial, or industry levels;
• Insurance d. To review regional wage levels set by the Regional Tripartite Wages and
• If authorized Productivity Boards to determine if these are in accordance with prescribed
• SSS guidelines and national development plans;
• PagIbig e. To undertake studies, researches and surveys necessary for the attainment of its
• PhilHealth functions and objectives, and to collect and compile data and periodically
disseminate information on wages and productivity and other related information,
• If the employee is indebted to the employer

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

including, but not limited to, employment, cost-of-living, labor costs, investments (7) Can they punish contempt?
and returns;
f. To review plans and programs of the Regional Tripartite Wages and Productivity (8) X is a financially distressed employer. He can’t comply with the Wage Order. What
Boards to determine whether these are consistent with national development shall he do?
plans;
g. To exercise technical and administrative supervision over the Regional Tripartite
Wages and Productivity Boards; a. What is the petition that should be filed? Petition for exemption
h. To call, from time to time, a national tripartite conference of representatives of b. If denied, what is the remedy?
government, workers and employers for the consideration of measures to c. Can he file an MR? Yes, but a second MR is not allowed.
promote wage rationalization and productivity; and d. Can he file an appeal to DOLE? Yes, when it’s from NWPC, and NWPC denied
i. To exercise such powers and functions as may be necessary to implement this his appeal.
Act.
(9) What is a wage order?
(2) What does the NWPC consist of?
It establishes minimum wage rates to be paid by employers in the region.
• Secretary of Labor and Employment – ex officio chairman
• Director General of the National Economic and Development Authority – as ex It is an order issued by the RTWPB whenever the conditions on the region so warrant after
officio vice-chairman investigating and studying all pertinent facts and based on the standards and criteria
• 2 members each from workers and employers as appoint by the President prescribed by the labor code.

(3) Powers of the RTWPB? (10) Who issues a wage order? RTWPB

Art. 122. Creation of Regional Tripartite Wages and Productivity Boards. There is a. Procedure
hereby created Regional Tripartite Wages and Productivity Boards, hereinafter referred to as
Regional Boards, in all regions, including autonomous regions as may be established by law. - The RTWPB shall investigate and study all pertinent facts.
The Commission shall determine the offices/headquarters of the respective Regional Boards. - The RTWPB shall conduct public hearings/consultations, giving notices
The Regional Boards shall have the following powers and functions in their respective to employees’ and employer’s groups, provincial, city and municipal
territorial jurisdictions: officials and other interested parties.
- Within 30 days after the conclusion of the hearings, the board shall
a. To develop plans, programs and projects relative to wages, incomes and decide on the merits of the petition.
productivity improvement for their respective regions; - After which, the same shall be publicized in a newspaper of general
b. To determine and fix minimum wage rates applicable in their regions, provinces circulation. It shall take effect after 15 days from its complete publication.
or industries therein and to issue the corresponding wage orders, subject to - The board shall furnish a copy of the wage order to the NWPC.
guidelines issued by the Commission; - 10 days after the issuance, the Board shall prepare its IRR subject to
c. To undertake studies, researches, and surveys necessary for the attainment of approval by the SOLE.
their functions, objectives and programs, and to collect and compile data on
wages, incomes, productivity and other related information and periodically (11) Do they need the approval of NWPC?
disseminate the same;
d. To coordinate with the other Regional Boards as may be necessary to attain the NO.
policy and intention of this Code;
e. To receive, process and act on applications for exemption from prescribed wage (12) Frequency of the issuance
rates as may be provided by law or any Wage Order; and
f. To exercise such other powers and functions as may be necessary to carry out A wage order issued may not be disturbed for a period of 12 months from its effectivity and
their mandate under this Code. no petition for wage increase shall be entertained during said period.

(4) Does the RTWPB exercise adjudicatory powers? (13) Is inflation a ground for the issuance of a wage order not in accord with the proper
frequency?
YES daw. check those that fall within its jurisdiction
EXCEPTIONS:
(5) In what cases? a. When the congress itself issues a law increasing the wages
b. Supervening conditions, such as extraordinary increases in prices of petroleum
(6) Can they entertain a petition for injunction? products and basic goods/services.

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(14) Does the current wage order cover all employees? (17) Does the NWPC have a quasi-judicial power?

Apply to all minimum wage earners in the private sector in the region, regardless of their The NWPC guidelines allow any party aggrieved by a wage order to appeal the
position, designation or status of employment and irrespective of the method by which they same to the NWPC through the board within 10 days from the issuance of the
are paid. wage order.

It shall not cover: (18) Methods used in fixing the current wage order
- kasambahay/domestic workers; 2 METHODS
- persons in the personal service of another; and a. Floor wage method
- workers of duly registered Barangay Micro Business Enterprises. involves the fixing of a determinate amount to be added to the
prevailing statutory minimum wage rates
a. Are bus drivers and conductors covered? YES. D.O. No. 118-
12 s. 2012 b. Salary-cap or salary ceiling
Method where the wage adjustment is to be applied to employees
(15) NCR wage order-what is the minimum wage receiving a certain denominate salary ceiling.

537.00 with 10.00 COLA c. CRITERIA:

(16) Who are the employees in distress? I. The demand for living wages
II. Wage adjustment vis-a-vis the consumer price index
They are employees of establishments in distress. III. Cost of living and changes or increases therein;
FULL – deficit amounts to 20% or more of paid-up capital IV. The needs of the workers and their families;
BANK- if under receivership or liquidation Corporations and partnership under V. The need to induce industries to invest in the
corporate rehabilitation countryside;
VI. The improvements of the standards of living;
a. Is a distressed employee covered in the wage order? VII. The prevailing wage levels;
No. VIII. Fair return of the capital invested and capacity to pay
1. The wage order requires that the establishment shall file an of employers;
application for exemption from the wage order along with IX. Effects on employment generation and family income;
supporting documents before the RTWPB. The establishment and
shall notify the DOLE RO having jurisdiction over the workplace X. The equitable distribution of income and wealth along
of the pendency of the application. the imperatives of economic and social development
2. The application shall be acted on within 45 days from the date
of filing. (19) What is wage distortion?

Subject to requirements, the following are exempted: A situation where an increase in prescribed wage rates results in the elimination
I. Distressed establishments or sever contractions of intentional quantitative differences in wage or salary
II. Retail/Service establishments employing not more than rates between and among employee groups.
ten (10) workers
III. Establishments adversely affected by natural (20) Elements of wage distortion
calamities such as natural and/or human - induced
disasters. a. Significant change or increase in the salary rate of a lower pay class
without corresponding increase in the salary rate of a higher one;
Exemption granted to a distressed principal shall not extend to its b. Existing Hierarchy of positions with corresponding salary rates;
contractor in case of contract(s) for construction, security, janitorial c. The elimination of distinction between the two groups or classes; and
and/or similar services with respect to the employees of the latter d. The distortion exists in the same region of the country.
assigned to the former
(21) Bankard v. P.I. Manufacturing case
EFFECT OF DISAPPROVED APPLICATION – covered workers
shall be paid mandated wage, increase/allowance as provided for Bankard Case - No wage distortion as the employees were classified by rank
under the rule to the date of effectivity, plus simple interest of 1% and not by seniority
per month. PI manufacturing Case - Increase in the CBA was more than enough
compliance with the wage law

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

d) Those employing house helpers

(22) Who has jurisdiction over wage distortion disputes? The LA, and appealable e) Those who are paid on pure commission, boundary or task basis
to the NLRC.
5. Are managerial employees covered?
Any dispute as a result of the wage distortion shall depend WoN it is an
established or unestablished workplace: NO, only rank-and-file employees are covered.

ESTABLISHMENT W/ UNION: Any dispute arising from the correction of wage 6. How frequent shall it be given? Sec. 5.
distortion should be resolved through grievance procedure under their CBA
An employer has the option to pay ½ of the 13 th month pay before the opening of the regular
If the dispute remains unresolved, it shall be resolved through voluntary school year and the other before the 24 th day of December of every year.
arbitration.
7. X was hired December 1, 2018. Is he entitled to receive his 13 th month pay on Dec 24,
ESTABLISHMENT WITHOUT UNION: 2018?
Any dispute arising therefrom shall be settled through the National Conciliation
and Mediation Board (NCMB) No, the law requires that the employee must have worked one month to be qualified to avail
13th month pay.
If it remains unresolved after 10 days of conciliation, it shall be referred to the
NLRC. 8. Computation

For non-compliance X’s monthly wage is Php10,500. And he worked from January to May 2018. How much
is he entitled?
Complaints for non-compliance of wage orders shall be filed with the Regional
Office of the Department having jurisdiction over the workplace and shall be Monthly wage x months worked ÷ 12
subject to the mandatory 30-day conciliation and mediation process under the
SEnA. If such mediation fails, then it becomes subject of the enforcement 10,500 x 5 ÷ 12 = Php 4,375
proceedings under ART 128 and 129 of the LC.

ADMINISTRATION AND ENFORCEMENT

13TH MONTH PAY Laws: Arts 128 and 129, Labor Code
Laws: P.D. 851 and any subsequent Labor Advisory Cases asked: Allied, Urbanes, Balladares case, Bombo Radyo case
Frequently asked cases: Allied, Urbanes, Balladares case, Bombo Radyo case
1. Distinctions between Art 37 v. Art 128
1. What is 13th month pay?
a. Article 37 – inspection of recruitment and placement activities
1/12 of the basic salary of an employee within a calendar year. b. Article 128 – enforcement of labor legislation

2. Employees covered *there is also another visitorial power vested in the SOLE, under the old article number (Art.
274, can’t remember the new number)
All rank and file employees in the private sector, regardless of their position, designation or
employment status, and irrespective of the method which payment of wages is made, 2. What is a compliance order? (p. 447, AZUCENA)
PROVIDED, they have worked for at least one month during the calendar year.
It is an exercise of enforcement power
3. BONUS v. 13th month pay
Enforcement power – the power of the SoLE to compel employer to comply with labor
Bonus is GENERALLY not enforceable, while a 13 th month pay is enforceable because it is standards upon finding of violations discovered in the course of the exercise of the visitorial
provided for by law. power.

4. Employers not covered? Sec. 3. 3. What are the orders that the SOLE can issue?

a) Distressed employers a. Writs of Execution

b) Government and its instrumentalities b. Work stoppage/Suspension of operations
c) Employers already paying their employees 13 th month pay or its equivalent c. Conduct hearings within 24 hours to determine whether:

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Compiled by: Kira Jorgio

i. An order for stoppage of work/suspension of operations shall be lifted or not; and

ii. Employer shall pay the employees concerned their salary in case the violation is Take note: pagka-primarily may TERMINATION DISPUTE, kahit pa ang money claims
attributable to his fault. pa niyan ay less than P5,000, which is incidental to the dispute, it is the LA, not he
SOLE, that has jurisdiction.
4. Can suspension order be issued? On what ground?
7. Requisites under Art 129?
YES, the regional director may likewise order stoppage of work or suspension of operations
of any unit or department of an establishment when non-compliance with the law, safety a. The claim is presented by an employee, or a person employed in domestic or household
order or implementing rules and regulations poses grave and imminent danger to the health service, or house helper;
and safety of the workers in the workplace. b. The claim arises from employer-employee relations;
c. The claimant does not seek reinstatement; and
5. If someone made an anonymous phone call snitching a company for not following d. The aggregate money claim of each claimant does not exceed PHP 5,000.00 In the
labor regulations, can the SOLE act on it? absences of any of the requisites, the Labor Arbiter shall have exclusive original jurisdiction
over claims arising from employer-employee relations, pursuant to Article 224.
YES, they can act, under Art. 128, because in that power, a complaint is not needed. (unlike
sa 129) 8. X was claiming for P 50,000 as underpayment of wages. Who has jurisdiction?

6. Distinctions between Art 128 and 129, in relation to Art 224. In this case, the SOLE can have jurisdiction in the form of a compliance order, ordering the
employer to pay. PROVIDED, hindi naman terminated si employee.
Article 128 Article 129
VISITORIAL AND ENFORCEMENT MONEY CLAIMS 9. X, files for illegal dismissal and money claims of P 2,000, who has jurisdiction?
As to nature and Subject of Proceedings
Inspection of establishments and the Refers to adjudication through summary 10. Bombo Radyo Case v. Balladares v. Urbanes
issuance of orders to compel compliance proceedings after notice and hearing, of
with labor standards, wage orders and other employees’ claims for wages and benefits. Bombo Radyo - No limitation was placed upon the power of the DOLE to determine the
labor laws and regulations. existence of an ER-Ee relationship. No procedure was laid down where the DOLE would
Limits the proceedings to monetary claims, only make a preliminary finding, that the power was primarily held by the NLRC. The law did
Covers enforcement of labor legislation in which therefore involve only labor standards. not say that the DOLE would first seek he NLRC’s determination of the existence of the ER-
general. Ee relationship or should it be disputed, the same shall be referred to the NLRC. If the DOLE
Proceedings are initiated by sworn makes a finding that there is an existing ER-Ee relationship, it takes cognizance of the
Proceedings are offshoots of inspections complaint filed by any interested party matter, to the exclusion of the NLRC. The DOLE would have no jurisdiction only if the ER-Ee
done by labor officers or safety engineers. relationship was already terminated, or it appears that no ER-Ee relationship existed in the
As to Workers Involved* first place.
Involves employees still in service Applies to present or past employees at the
time the complaint was filed, provided, there Balladares – The visitorial and enforcement powers of the DOLE RO to order and enforce
is not demand for reinstatement. compliance with labor standards law can be exercised even if the individual claim exceeds
As to Jurisdictional Limits 5k. In order to divest the DOLE of its jurisdiction, the ff elements must be present:
The law fixes no maximum monetary The amount of money claim per claimant
a. The employer contests the findings of the labor regulations officer and raises issues
amount for the exercise of the enforcement should not exceed PHP 5,000**
thereon;
power (ex. Monetary award)
b. That in order to resolve such issues, there is a need to examine evidentiary matters;
As to the Officers Designated
c. That such matters are not verifiable in the normal course of inspection
Exercised by the SoLE or any of his duly Vested upon an RD or any duly authorized d. That the employer must raise such objections during the hearing of the case or any time
authorized representatives who may or may hearing officer of the DOLE after the notice of inspection result
not be a RD.
Regarding Appeal Urbanes - It is well-settled in law and jurisprudence that where no er-ee relationship exists
Appealable to SOLE Appeal to the NLRC between parties and that no issue is involved which may be resolved with reference to the
LC, other labor statues or CBA, it is the RTC that exercises jurisdiction.

*Articles 128 and 129 are operative only in the context of employment relationship. A regular court,
not DOLE or NLRC, has jurisdiction over claim of independent contractor to adjust contractual fee.
EMPLOYMENT AND FACILITIES FOR WOMEN
**The PHP 5,000 limit does not apply to the exercise of power under Art 128 (b) Laws: Arts. 130-131, as repealed, Labor Code, Arts. 154-161 under R.A. 10151, R.A. 11210
(Expanded Maternity Leave which repealed the Maternity Leave provision under SSS), R.A. 9262

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(Battered Woman Leave), R.A 9710 (Magna Carta of Women Leave), R.A. 8187 (Gynecological d. Payment of Maternity benefit bar recovery of sickness benefits in this Act for the same
Benefits) compensable period of 60 days for the same childbirth, abortion, or miscarriage
Frequently asked cases: Zialcita v. PAL, Star Paper v. Simbol
e. MB shall be paid ONLY for the first 4 deliveries after March 13, 1973
1) Facilities for women?
f. SSS shall immediately reimburse ER of 100% of the amount of MB advanced EE by ER
upon receipt of satisfactory proof of such payment and legality thereof
a. Provide seats proper for women and permit them to use the seats when they are
free from work or during office hours provided the quality of the work will not be g. IF w/out required contributions or w/out previous notice to SSS by ER of the time of
compromises; the pregnancy, ER shall pay SSS damages equivalent to benefits that EE would
b. Establish separate toilet rooms and lavatories for men and women and provide at otherwise have been entitled to, and the SSS shall in turn pay such amount to the
least a dressing room for women; employee concerned.
c. Determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and the like; 6) Minimum SSS contributions?
and
d. Establish a nursery in the establishment. 7) What is the obligation of the employer?

R.A. 10151: 8) Qualifications to avail maternity leave?

1. Suitable first-aid facilities (incl. arrangements where workers, where necessary, can be a. She has paid at least 3 monthly contributions within the 12-month period
taken immediately to a place for appropriate treatment) immediately preceding the semester of her childbirth or miscarriage.
2. Safe and healthful working conditions b. She has given the required notification of her pregnancy through her employer if
3. Adequate or reasonable facilities (such as sleeping/resting quarters) employed, or directly to the SSS, if a self-employed (SE) or voluntary member
4. Transportation from work premises to the nearest point of their residence subject to (VM) or Member Separated from Employment.
exceptions and guidelines to be provided by the DOLE
9) Limitations?
2) Define “Nursery”
The sickness benefits cannot be availed of at the same time as the maternity benefit if such
It is an area in a workplace where working mothers feed their infants. It is a safe place where illness had happened at the same time of the delivery or the healing period.
the young children are left during working hours.
10) Prior to delivery, she had four miscarriages?
3) Is every employer mandated to establish a nursery?
The maternity benefit shall be paid only for the first four (4) deliveries or miscarriages.
The Secretary of Labor may require employers to provide such facilities.
11) How much is she entitled to receive?
4) Who is entitled to a maternity leave?
The maternity benefit is equivalent to 100% of the member’s average daily salary credit
5) Maternity Benefit? (ADSC) multiplied by 60 days for normal delivery/miscarriage/ectopic pregnancy without
operation/hydatidiform mole (H-mole) and 78 days for caesarean section delivery/ectopic
It is a daily wage allowance granted to a female member who was unable to work due to pregnancy with operation.
childbirth or miscarriage. 100% of her daily salary credit: 60 days for normal delivery, 78 days
for caesarean. 12) Is the employer required to advance payment of maternity benefit?

100% present basic salary, allowances & other benefits/CE OR for 60 days YES. The employer shall advance the full payment within 30 days from the filing of the
subject to the following conditions: maternity leave application (Sec. 14-Ab, RA 8282)

a. EE notified ER of pregnancy & probable date of childbirth AND transmitted to SSS or 13) Acts considered discriminatory to women under LC & special law?
directly to the SSS if separated, voluntary or self-employed member
Article 133:
b. Payment shall be advanced by ER in 2 equal installments w/in 30 days from filing of I. Payment of lesser compensation, including wage, salary or other forms of
ML application remuneration and fringe benefits, to a female employee as against a male
employee, for work or equal value; and
c. IF caesarian delivery, EE shall be paid the daily maternity benefit for 78 days

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

II. Favoring a male employee over a female employee with respect to promotion, When so requested by the woman employee, the extension of her maternity leave beyond
training opportunities, study and scholarship grants solely on account of their the four week post-delivery leave shall be paid by the employer from her unused vacation
sexes. and/or sick leave credits, where the extended leave is due to illness medically certified to
arise out of her pregnancy, delivery, complete abortion or miscarriage which render her unfit
Art. 136. Stipulation against marriage. It shall be unlawful for an employer to require as a for work.
condition of employment or continuation of employment that a woman employee shall not get
married, or to stipulate expressly or tacitly that upon getting married, a woman employee 15) Paternity leave benefit?
shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of her marriage. Benefits granted to a married male employee allowing him not to report for work for seven (7)
days but continues to earn the compensation therefor, on the condition that his spouse has
Art. 137. Prohibited acts. It shall be unlawful for any employer: delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newly born child.
To deny any woman employee the benefits provided for in this Chapter or to discharge any
woman employed by him for the purpose of preventing her from enjoying any of the benefits 16) How many days?
provided under this Code.
To discharge such woman on account of her pregnancy, or while on leave or in confinement 7 days.
due to her pregnancy;
To discharge or refuse the admission of such woman upon returning to her work for fear that 17) Is cohabitation an essential requisite? Exceptions?
she may again be pregnant.
YES.
Art. 138. Classification of certain women workers. Any woman who is permitted or suffered
to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar Conditions for entitlement:
or similar establishments under the effective control or supervision of the employer for a (a) He has applied for paternity leave with his employer
substantial period of time as determined by the Secretary of Labor and Employment, shall be (b) His wife has given birth or suffered a miscarriage;
considered as an employee of such establishment for purposes of labor and social (c) He is cohabiting with his spouse at the time she gives birth or suffers a
legislation. miscarriage;
(d) He is an employee at the time of the delivery of his child; and
RA 9710 Magna Carta of Women (e) Covers only the first 4 deliveries or miscarriages

Any gender-based distinction, exclusion, or restriction which has the effect or purpose of 18) Husband works in far place at the time that the wife gave birth, can he still avail of
impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their paternity benefit?
marital status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil, or any other field. He must be cohabiting with his spouse at the time she gives birth or suffers a miscarriage.
However, if the spouses are not physically living together because of the workstation or
It includes any act or omission, including by law; policy, administrative measure, or practice, occupation, the male employee is still entitled to the paternity benefit.
that directly or indirectly excludes or restricts women in the recognition and promotion of their
rights and their access to and enjoyment of opportunities, benefits, or privileges. 19) Muslim, 3 spouses, live in 1 compound, 1 st wife has 2 kids, 2 nd wife – 2 kids, 3rd wife
gives birth for the 1st time, entitled to paternity leave?
A measure or practice of general application is discrimination against women if it fails to
provide for mechanisms to offset or address sex or gender-based disadvantages or YES. R.A. 8187 provides that every married male is entitled to a grant of paternity leave
limitations of women, as a result of which women are denied or restricted in the recognition benefits with full pay for the first 4 deliveries of his lawful spouse. The law looks at the
and protection of their rights and in their access to and enjoyment of opportunities, benefits, number of deliveries by the lawful spouse and not the number of children that the married
or privileges; or women, more than men, are shown to have suffered the greater adverse employee has. X may still avail of such, provided he has complied with the requirements of
effects of those measures or practices. the law. Likewise, to prohibit such would constitute as discrimination again religion.

Provided, finally, that discrimination compounded by or intersecting with other grounds, 20) Solo parent leave?
status, or condition, such as ethnicity, age, poverty, or religion shall be considered
discrimination against women. a. Refers to the leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities where physical present is required
14) Can maternity leave be extended on the ground that no one will take care of the b. He/she shall be entitled to 7 days leave with pay
mother’s child?
21) What is a solo parent?

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Compiled by: Kira Jorgio

Any individual who falls under any of the following categories: Not more than 7 working days every year, provided employee has rendered service of at
(a) A woman who gives birth as a result of rape and other crimes against chastity least 1 year.
even without a final conviction of the offender: Provided, That the mother keeps
and raises the child; 27) Converted to cash, commutable?
(b) Parent left solo or alone with the responsibility of parenthood due to death of
spouse; No. Unutilized parental leave is not convertible to cash unless otherwise agreed. Non-
(c) Parent left solo or alone with the responsibility of parenthood while the spouse is compliance with the law may make the employer liable for damages.
detained or is serving sentence for a criminal conviction for at least one (1) year;
(d) Parent left solo or alone with the responsibility of parenthood due to physical 28) Other benefits that a solo parent can receive?
and/or mental incapacity of spouse as certified by a public medical practitioner;
(e) Parent left solo or alone with the responsibility of parenthood due to legal Single parents that make less than the estimated P12,000 (or updated poverty threshold) are
separation or de facto separation from spouse for at least one (1) year, as long entitled to all the benefits and privileges of R.A. 8972. This includes services for emotional
as he/she is entrusted with the custody of the children; and mental health such as counseling; support in developing parenting skills and knowledge;
(f) Parent left solo or alone with the responsibility of parenthood due to declaration and even crisis management and spiritual enhancement. Medical, educational, and financial
of nullity or annulment of marriage as decreed by a court or by a church as long help should also be provided by the respective government partner agencies.
as he/she is entrusted with the custody of the children;
(g) Parent left solo or alone with the responsibility of parenthood due to As for benefits and privileges that even single parents above the poverty threshold can
abandonment of spouse for at least one (1) year; enjoy, these are the flexible working schedule (determined by both the employer and the solo
(h) Unmarried mother/father who has preferred to keep and rear her/his parent regarding the arrival and departure of the solo parent at the work place); protection
child/children instead of having others care for them or give them up to a welfare from work discrimination; and up to seven days of parental leave (on top of regular leave
institution; benefits) for solo parents that have been employed for at least one year.
(i) Any other person who solely provides parental care and support to a child or
children; 29) Privileges in the workplace?
(j) Any family member who assumes the responsibility of head of family as a result
of the death, abandonment, disappearance or prolonged absence of the parents Flexi-work schedule
or solo parent.
30) Who is a battered woman?
The law does not consider an employee whose spouse is abroad a solo parent since the
other spouse still exercises duties over his/her family. However, if the other parent is abroad A female employee who is a victim of violence (physical, sexual or psychological) is entitled
and has lost contact with his/her family for a year or more, then it qualifies the other spouse to a paid leave of 10 days in addition to other paid leaves.
as a solo parent
i. Purpose
22) What are the conditions for entitlement of this benefit? So, the state will be able to afford legal and medical protection to those
physically abused women
23) X is an OFW, and is married to B. Can B avall the solo parent leave?
31) How to secure the benefit?
NO, the law does not consider an employee whose spouse is abroad a solo parent since the
other spouse still exercises duties over his/her family. However, if the other parent is abroad Provide the following before availing the benefit:
and has lost contact with his/her family for a year or more, then it qualifies the other spouse A complaint
as a solo parent Barangay Protection Order/Certificate from Kagawad
Police report
24) How will employer know that you are a solo parent?
32) Is it cumulative? Can it be converted to cash?
He/she has presented to his/her employer a Solo Parent Identification Card, which may be
obtained from the DSWD office of the city or municipality where he/she resides. NO.

25) What agency will you apply for a solo parent ID? 33) How will employee determine if she is a battered woman?

Municipal/City Social Welfare and Development Office The only requirement is for the victim-employee to present her certification from the
barangay chairman or barangay councilor or prosecutor or clerk of court than an action
26) How many days? relative to the matter is pending.

34) How can one avail of gynecological benefit?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

i. Confined for 1 day only?

Conditions for entitlement:
Maybe charged as a sick leave
a. She has rendered at least 6 months continuous aggregate employment service for the last
twelve months prior to surgery; 43) Woman suffered a miscarriage, under maternity leave or gynecological?
b. She has filed an application for special leave with her employer within a reasonable period Maternity
of time as may be provides by company rules and regulations or collective bargaining i. How many days of leave?
agreement; and 60 for normal delivery
c. She has undergone surgery due to gynecological disorders as certified by a competent 78 for caesarean delivery
physician.

35) What is gynecological disorder? *For further discussion, read Saudia Airlines v. Rebesencio case. According to Atty.
Golangco, this will serve you great use, even in Lab Rel.
Refers to disorders that would require surgical procedures such as, but not limited to dilation
and curettage and those involving female reproductive organs such as a vagina, cervix,
uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent
physician. It shall also include hysterectomy, ovariectomy, and mastectomy.
SEXUAL HARASSMENT
Laws: A.O. 250, R.A. 7877
Case/s asked: Domingo v. Rayala
36) Is it convertible to cash?
1) What is sexual harassment?
No, unless made convertible under a CBA.
One or a series of incidents involving unwelcome sexual advances, requests for sexual
37) A female Ee is pregnant, water ruptured, child in the womb died. Procedure in removal
favors, or other verbal or physical conduct of sexual nature, made directly, indirectly and
of the child, gynecological leave or maternity leave?
impliedly when:
i. Such conduct might reasonably be expected to cause insecurity, discomfort,
This falls under gynecological because the purpose of the maternity leave is to be able to
offense or humiliation to another person or group; or
give birth?
ii. Submission to such conduct is made either implicitly or explicitly a condition of
employment or any opportunity for training or grant of scholarship, or
38) What if the uterus also needs to be removed after miscarriage?
iii. Submission to or rejection of such conduct is used as a basis for any
employment decision (including, but not limited to, matters of promotion, raise in
39) Woman employee cannot give birth because of numerous cysts, can she avail of
salary, job security and benefits affecting the employee); or
gynecological leave?
iv. Such conduct has the purpose or the effect of interfering with a person’s work
performance, or creating an intimidating, hostile or offensive work environment.
i. How long?
2 months with full pay based on gross monthly compensation
Employment-related sexual harassment means sexual harassment by a member or employee of
the agency which occurs:
Major surgery – 22-60 calendar days
1. In the working environment, or
Minor surgery – 14 days of less
2. Anywhere else as a result of employment responsibilities or employment
relationship.
ii. Recovery period exceeded, can she ask for extension?
2) How is it committed in a workplace? Sec. 3.
YES, provided that the employer consented, and it is certified by a licensed
physician. Provided further, if the employee avails of such, the extra leaves
(a) In a work-related or employment environment, sexual harassment is committed when:
may be charged to the sick/vacation benefits.
(1) The sexual favor is made as a condition in the hiring or in the employment, re-
40) Maternity Leave v. Gynecological Leave?
employment or continued employment of said individual, or in granting said
individual favorable compensation, terms of conditions, promotions, or privileges;
41) Only that needs surgery?
or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive or
Yes. The special leave shall be granted to the qualified employee after she has undergone
diminish employment opportunities or otherwise adversely affect said employee;
surgery.
(2) The above acts would impair the employee's rights or privileges under existing
labor laws; or
42) What if outpatient only?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(3) The above acts would result in an intimidating, hostile, or offensive environment a) Promulgate appropriate rules and regulations in consultation with and joint1y
for the employee. approved by the employees or students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation of sexual
3) Where can it be committed? harassment cases and the administrative sanctions therefor.

a. in the premises of the workplace or office or of the school or training institution; Administrative sanctions shall not be a bar to prosecution in the proper courts for
b. in any place where the parties were found, as a result of work or education or unlawful acts of sexual harassment.
training responsibilities or relations;
c. at work or education- or training-related social functions; The said rules and regulations issued pursuant to this subsection (a) shall
d. while on official business outside the office or school or training institution or include, among others, guidelines on proper decorum in the workplace and
during work or school or training-related travel; educational or training institutions
e. at an official conferences, fora, symposia or training sessions; or b) Create a committee on decorum and investigation of cases on sexual
f. by telephone, cellular phone, fax machine or electronic mail. harassment. The committee shall conduct meetings, as the case may be, with
officers and employees, teachers, instructors, professors, coaches, trainors, and
4) Can a female employee commit it? students or trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases constituting
YES, this may be committed by an "employer, employee, manager, supervisor, agent of the sexual harassment
employer, any other person who, having authority, influence or moral ascendancy over
another in a work environment, demands, requests or otherwise requires any sexual favor In the case of a work-related environment, the committee shall be composed of
from the other." at least one (1) representative each from the management, the union, if any, the
employees from the supervisory rank, and from the rank and file employees.
5) What if same rank?
In the case of the educational or training institution, the committee shall be
Such acts when both the offender and offended party are of the same rank are not within the composed of at least one (1) representative from the administration, the trainors,
scope of law. instructors, professors or coaches and students or trainees, as the case may be.

6) Moral ascendancy, requirements? The employer or head of office, educational or training institution shall
disseminate or post a copy of this Act for the information of all concerned.
a) demand, request, or requirement of a sexual favor;
b) the same is made a pre-condition to hiring, re- employment, or continued employment; SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. -
or The employer or head of office, educational or training institution shall be solidarily liable for
c) the denial thereof results in discrimination against the employee. damages arising from the acts of sexual harassment committed in the employment,
education or training environment if the employer or head of office, educational or training
However, in Domingo v. Rayala: “It is not essential that the demand, request or requirement institution is informed of such acts by the offended party and no immediate action is taken.
be made as a condition for continued employment or for promotion to a higher position. It is
enough that the respondent’s acts result in creating an intimidating, hostile or offensive 9) Penalty?
environment for the employee.”
SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than six
7) If no moral ascendancy, what is the crime committed?
(6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Acts of lasciviousness, on the other hand, is malum in se. Intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person needs to be proven. Good faith
Any action arising from the violation of the provisions of this Act shall prescribe in three (3)
is a defense. The relationship of the offender and the offended party does not matter
years.
8) Obligation of employer in case of commission of sexual harassment?
10) “Good morning are you going to wear a mini skirt today” as seen on texts messages
of Manager. Sexual harassment?
SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training
Environment. - It shall be the duty of the employer or the head of the work-related,
YES. The key ingredient in sexual harassment under RA 7877, therefore, is the feelings or
educational or training environment or institution, to prevent or deter the commission of acts
effect to the victim as a result of the offender’s act. As long as the offender creates an
of sexual harassment and to provide the procedures for the resolution, settlement or
intimidating, hostile, or offensive environment for the victim, there could exist sexual
prosecution of acts of sexual harassment. Towards this end, the employer or head of office
harassment.
shall:

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

11) Janitor comments “ganda ng legs” to office clerk. Sexual harassment? ERS
a. If not, what crime? Laws: R.A. 10361, Labor Code provisions, L.A. No. 17 s. 2018
b. What is unjust vexation? Case asked: Apex Mining Co.
any human conduct that, although not productive of some physical or material harm, 1. What is a kasambahay?
could unjustifiably annoy or vex an innocent person. The paramount question to be
considered is whether the offender’s act caused annoyance, irritation, torment, Refers to any person engaged in domestic work within an employment relationship such as,
distress, or disturbance to the mind of the person to whom it was directed. but not limited to, the following:
a) General house help
12) Mr. X is the supervisor of Company Y. The workplace is a small room separated by b) Nursemaid or yaya
cubicles. When Ms. A was going to submit a paper to Mr. X, she saw that Mr. X’s c) Cook
wallpaper is pornographic. Is he guilty of Sexual Harassment? d) Gardener
e) Laundry person
YES. FORMS OF SEXUAL HARASSMENT
1. Physical But shall exclude any person who performs domestic work only occasionally or sporadically
a. Malicious touching and not on an occupational basis.
b. Overt sexual advances
c. Gestures with lewd insinuation The term shall not include children who are under foster family arrangement and are
2. Verbal, such as but not limited to, requests or demands for sexual favors, and provided access to education and given an allowance incidental to education, i.e., “baon”,
lurid remarks transportation, school projects and school activities.
3. Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings 2. Who are not covered?
4. Other forms analogous to the foregoing.
1. service providers
13) In the company, they played “Guess the color of the panty” to which Y was a 2. family drivers
participant therein. Y said “ang babastos niyo,” and the game master is the manager. 3. foster family agreement
Is he guilty of Sexual Harassment? 4. those employed sporadically

3. Who is a service provider?

---------------------------------------------------- Refers to any person that carries an independent business and undertakes to perform job,
work or service on his/her own for a household, according to his/her own manner and
method and free from the control and direction of the employer in all matters in connection
MIDTERMS with the performance of the work except as to the results thereof.

4. “Foster care agreement”?

---------------------------------------------------------------------- Refers to children living with a family or household of relatives and are provided access to
education and given allowance incidental to education (baon, transportation, school projects
KA and activities) provided that the foster family and foster care arrangement are in compliance
SA with the Foster Care Act of 2012.
MB 5. What is debt bondage?
AH
AY refers to the rendering of service by the Kasambahay as security or payment for debt where
LA the length and nature of service is not clearly defined or when the value of the service is not
reasonably applied in the payment of the debt.
W&
HO 6. Who pays the deployment expenses?
ME
• The employer also shoulders the deployment expenses whether the kasambahay is
WO hired directly or through the PEA. However, the employer may recover the deployment
RK

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

cost from the kasambahay whenever the employment is terminated within 6 months 13. Mr. X hired Ms. Y through PEA. 2 days after arrival, X asked for Y’s replacement on the
without just cause. ground that Y suffers body odor. Is the ground valid?

7. Who pays the cost of hiring? No, the law requires the disease should be prejudicial to the health of the Kasambahay, the
employer or members of the household.
Employer, whether through PEA or not
Note: In order to determine if the same is prejudicial, we should apply the requirements of
8. X, employer of Y, likes to curse. Into 3 months, Y left because she could no longer Article 299 of the LC which requires the certification of a competent physician.
take it. Can X recover, assuming she had been hired thru a PEA?
14. Same hypo, but instead of Body odor, kasambay has dark color?
No, X may no longer recover as the termination by the kasambahay is vald (Verbal abuse)
This is discrimination
9. Contents of the contract?
15. So there is no other option but to employ?
1. Duties and responsibilities of the kasambahay, which include the responsibility to
render satisfactory service at all times; 16. 2 months of hiring, Y runs away with all the personal property of the employer.
2. Period of employment;
3. Compensation; When the kasambahay unreasonably leaves the employer within six (6) months from the
4. Authorized deductions; time he/she started work, the employer may be reimbursed of the deployment expenses.
5. Hours of work and proportionate additional payment;
6. Rest days and allowable leaves; 1. Are they required to pay the service pay?
7. Board, lodging and medical attention; 2. If PEA failed to pay, what is the effect?
8. Agreements on deployment expenses, if any 3. Can the agency be obliged to pay the value of goods on the ground that
9. Loan agreement, if any PEA guarantees its employees?
10. Termination of employment
11. Any other lawful condition agreed upon by the parties 17. Rights and privileges?

If kasambahay is below 18 years old: contract shall be signed by his/her parent a) Minimum wage
or lawful guardian on his/her behalf, may be read by the Punong Barangay b) Daily and weekly rest periods, service incentive leave, and 13th month pay;
c) Freedom from employer’s interference in the disposal of wages;
10. What are the responsibilities of PEA? d) Coverage under the SSS, Philhealth and Pag-IBIG laws
e) Standard of treatment;
1. Ensure that the kasambahay is qualified as required by the employer; f) Board, lodging and medical attendance;
2. Secure the best terms and conditions of employment for the kasambahay; g) Right to privacy
3. Ensure that the employment agreement between the kasambahay and the h) Access to outside communication
employer stipulates the terms and conditions of employment and all the benefits i) Access to education and training;
in accordance with the IRR j) Right to form, join, or assist labor organization;
4. Provide a pre-employment orientation briefing to the kasambahay and the k) Right to be provided a copy of the employment contract as required
employer about their rights and responsibilities in accordance with the law l) Right to certificate of employment
m) Right to terminate employment
11. Minimum wage of a kasambahay? n) Right to exercise their own religious beliefs and cultural practices
o) PAYMENT must be with pay slip
a. NCR – 3,500 a month
b. Chartered cities and first class municipalities – 2,000 18. X failed to pay 2months worth of salary, can she demand unpaid salary from PEA?
c. Other municipalities – 1,500
19. What are the basic necessities of the kasambahay?
12. Employment of children below 18 but above 18
1. At least three (3) adequate meals a day, taking into consideration the
1. Working for not more than 40 hrs per week (8 hrs/day) kasambahay’s religious beliefs and cultural practices;
2. No work from 10 PM – 6 AM 2. Humane sleeping condition; and
3. No hazardous jobs 3. Appropriate rest and basic medical assistance.
4. There is access to education
20. When is the kasambahay entitled to SSS benefit?

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

YES, based on an LA Advisory, those who can apply for leave benefits are household
When the kasambahay has rendered at least 1 month of service service workers who meet the requirements for Solo Parent Leave (RA 8972), Special Leave
Benefit for Women under Magna Carta for Women (RA 9710), and Violence against Women
21. Who pays the premium? and their Children (VAWC) Leave (RA (9262).

Shouldered by the employer. 30. On the 10th year of employment, the house helper developed a tumor. The ER offered
to pay for the procedure, but the Kasambahay insists that the procedure be done in
However, if the domestic worker is receiving a wage of 5,000 PHP and above per month, the her province because she needs someone to take care of her.
domestic worker shall pay the proportionate share in the premium payments or contributions,
as provided by law. (1) Is the ER bound to cover medical assistance should the tumor develop into
cancer?
In the event that the kasambahay avails of certain loan privileges which require additional
payment of premiums, said additional shall be shouldered solely by the kasambahay. (2) Can she insist that the procedure be done in her province?

22. Is the kasambahay entitled to SIL? 31. House helper destroyed the Nintendo Switch of the employer’s kid. Can it be
deducted?
Yes, same rule. Provided, that she has rendered at least 1 year of service for a 5-day leave. 1. Does he need the consent of employee?
2. Is this requirement found in the LC?
23. Commutative? Convertible to cash? 3. Is the Er allowed to deduct the entire salary?

NO, unused leaves shall not be convertible to cash nor may it be carried over. Yes, provided that the following are present:

24. What is the right to loan? i. The Kasambahay is shown to be responsible for the loss or damage.
ii. The Kasamabahay is given reasonable opportunity to show cause
SECTION 10. Deduction for Loans/Debts. – In case there are loans/debts, an agreement why deduction should not be made.
may be made to deduct from the wages of the Kasambahay an amount which shall not iii. The total number of such deductions is fair and reasonable and shall
exceed 20% of his/her wages in a month. not exceed the actual loss or damage.
iv. The deduction from the wages of the Kasambahay does not exceed
An employer may agree to extend loan assistance to the Kasambahay at an amount not 20% of his /her wages in a month.
exceeding the equivalent of his/her six (6) months’ salary. v. Employer secures the written consent or authorization of the
Kasambahay.
This Section shall not apply to working children.
32. Can the kasambahay request for a 4-month salary advance?
25. What is the wisdom of the law that minors do not have the right to loan?
Agreement may be made to deduct from the wages an amount which shall not exceed 20%
Law on OBLICON that minors, due to their age, cannot enter into a contract, much more in of wages in a month. An employer may agree to extend loan assistance to the kasambahay
the case which involves money. at an amount not exceeding the equivalent of his/her 6 months salary. (Right to Loan)

26. Is it mandatory for the employer to grant such when the kasambahay requests? 33. Can kasambahay be allowed to join a labor organization?

Law uses the word “may”, hence giving an option to the employer. The kasambahay shall have a right to join a labor organization of his/her own choosing for
purposes of mutual aid and collective negotiation. The kasambahay shall be afforded
27. If Y is pregnant, is she entitled to maternity benefit? opportunity to attend organization meetings.

Qualify if she contributes to SSS, or if her employer contributes to SSS. 34. Where to file Illegal Dismissal?

28. Can the ER insist that Kasambahay take a leave when she is pregnant, and just come To the DOLE-Regional Office having jurisdiction of the workplace
back to work? What if ayaw ni Kasambahay, kaya pa naman daw niya. Whose decision
shall prevail? 35. Can the RD order reinstatement?

29. Can the Kasambahay avail the Solo Parent Leave? No reinstatement.

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

36. What if the personal property was destroyed on purpose, is it a valid ground for 44. Minimum age of kasambahay?
termination?
1. Is it willful disobedience? 45. If the house helper has been with you for 6 months, can you ask for replacement
without cause?
YES.
NO, tantamount to Illegal Dismissal.
2. Does the kasambahay law require due process?
46. Household helper voluntarily assists in the sari-sari store of employer?
YES, the kasambahay may be given the chance to show cause.
YES, provided she is paid the correct wage.
37. Employer: “Lutuan mo ‘ko ng adobo,” kasambahay: “Bukas na, late na.” Is this a valid
ground for termination? 47. What if House helper doesn’t want to work after 4 months, can the Er recover
deployment expenses?
If it is a continuous, unreasonable disobedience, then it may be a ground for termination.
Section 3. Deployment Expenses. – The employer, whether the kasambahay is hired directly
38. Homeworker v. House helper? or through an employment agency, shall pay the expenses directly used for his/her transfer
from place of origin to the place of work. The employer may recover deployment costs from
Homeworker House helper the kasambahay whenever he/she leaves without justifiable reason within six (6) months
Ministers to the personal needs of her Performs in or about his house the from employment.
employer in her employer’s residence. processing or fabrication of goods, furnished
by the employer and thereafter sold or 48. What are the specific acts declared as unlawful under the law?
returned to the latter.
1. Employment of children below 15 years of age;
39. Is the Homeworker entitled to Min. Wage? SILP? 2. Withholding of the kasambahay’s wages;
3. Interference in the disposal of the kasambahay’s wages;
No, because they are considered “in the personal service of another,” and is therefore 4. Requiring kasambahay to make deposits for loss or damage;
excluded to such benefit. 5. Placing the kasambahay under debt bondage; and
6. Charging another household for temporarily performed tasks.
40. Is the kasambahay entitled to benefits?
1. OT pay? NO. 49. Penalty?
2. 13th month? YES, rendered at least 1 month of service shall be entitled, which
shall not be less than 1/12th of his total basic salary earned in a calendar year. Admin fine of 10k-40k, to be imposed by the DOLE-RD
Pay shall be paid not later than December 24 of every year.
50. Grounds where the kasambahay and employer may terminate?
41. Can the kasambahay demand weekly day-off?
By the Kasambahay By the Employer
Yes. He/she is entitled to at least 24 consecutive hours of rest in a week. However, the a. Verbal or emotional abuse of the a. Misconduct or willful
kasambahay and the employer may agree to shorten the rest day, provided the employer kasambahay by the employer or disobedience by the
pays for the hours worked during the shortened rest day. any member of the household; kasambahay of the lawful order
b. Inhuman treatment including of the employer in connection
42. Is the employer obligated to provide kasambahay secondary education? physical abuse of the with the former’s work;
kasambahay by the employer or b. Gross or habitual neglect or
Yes. The Kasambahay shall be afforded the opportunity to finish basic education, consisting any member of the household; inefficiency by the kasambahay
of elementary and secondary education. c. Commission of a crime or in the performance of duties;
offense against the kasambahay c. Fraud or willful breach of the
The employer shall adjust the work schedule of the kasambahay to allow his/her access to by the employer or any member trust reposed by the employer on
education or training without hampering the services required by the employer. Access to of the household; the kasambahay;
education may include financial assistance at the option of the employer. d. Violation by the employer of the d. Commission of a crime or
terms and conditions of the offense by the kasambahay
43. If a child worker is also a kasambahay? employment contract and other against the person of the
standards set forth under the employer or any immediate
YES, provided she is not below 15. law; member of the employer’s
e. Any disease prejudicial to the family;

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

health of the kasambahay, the e. Violation by the kasambahay of

employer, or member/s of the the terms and conditions of the Unpaid compensation and indemnity equivalent to 15 days of work. No reinstatement. No
household; and employment contract and other back wages.
f. f. Other causes analogous to the standards set forth under the
foregoing. law; 60. Provisions protecting employers?
f. Any disease prejudicial to the
health of the kasambahay, the 1. Require pre-employment documents
employer, or member/s of the 2. Recover deployment expenses
household; and 3. Forfeit 15-day unpaid salary if kasambahay leaves without justifiable reason
g. g. Other causes analogous to 4. To terminate
the foregoing. 5. Demand Replacement
6. Prohibit employee from disclosing information about employer

51. On the ground of a valid cause that Kasambahay has over ER for termination. Can she 61. Can the employer demand the NBI clearance?
just leave w/o notice? How about when the Kasambahay says “Di ko na po kaya yung
ugali niyo, aalis na po ako.” Will that be acceptable? 62. Rule on dispute settlements in Kasambahay Law?

52. When the Kasambahay has been terminated, can she avail of the maternity benefits?

YES, Sec. 8 of new law on Maternity Benefits

53. What if the ER won’t give the wi-fi password. Is that a valid ground?

54. Kasambahay has a favorite teledrama that airs on 10 PM. The employer prohibits to
watch because she has to wake up at 4AM. Can X claim that there is abuse?

No.

55. Abuse?

The law mandates the conduct of immediate rescue of abused or exploited kasambahay by
the municipal or city social welfare officer or a social welfare officer from DSWD, in
coordination with the concerned barangay officials.

The law sets out that crimes or offenses committed under the Penal Code and other criminal
laws shall be filed with the regular courts.

Rehab services for LSWD include shelter, counseling, legal services, medical services,
livelihood skills training

56. Househelper taught child to curse, is it a valid ground?

EMPLOYMENT OF NIGHT WORKERS
Laws: Labor Code, Arts. 154 -161
YES.
1. What is a night worker? R.A. 10151
57. If house helper neglects to bathe the dog once a week, valid ground?
Article 154. Coverage. - This chapter' shall apply to all persons, who shall be employed or
permitted or suffered to work at night, except those employed in agriculture, stock raising,
58. Can the ER terminate on the ground of pregnancy?
fishing, maritime transport and inland navigation, during a period of not less than seven (7)
consecutive hours, including the interval from midnight to five o'clock in the morning, to be
SECTION 4. Invalid Ground for Termination. – Pregnancy and Marriage of the Kasambahay
determined by the Secretary of Labor and Employment, after consulting the workers'
are not considered valid grounds for termination of employment.
representatives/labor organizations and employers.
59. If kasambahay found to be illegal dismissed, what is the kasambahay entitled to
receive?

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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

'Night worker' means any employed person whose work requires performance of a a) Apply for Technical Retirement
substantial number of hours of night work which exceeds a specified limit. This limit shall be b) Check Patient's Philhealth Eligibility Status upon Admission
fixed by the Secretary of Labor after consulting the workers' representatives/labor c) Check Philhealth Rate for Specific Cases of Illness/Surgical Procedure
organizations and employers. d) Enroll for Personal Equity and Savings Option Fund (PESO)
e) Locate Philhealth-accredited Health Care Institutions Submit Maternity
2. Call center agent, working from 9 PM to 3 AM. Is she considered as a night worker? Notification to SSS
f) Submit Maternity Notification via Text-SSS
YES.
FILE COMPLAINTS
3. Can a female be a night worker?
g) Avail OFW Online Legal Counseling for Human Trafficking Victims, etc
Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to h) File Complaints on DSWD Disaster-related initiatives
night work is available to women workers who would otherwise be called upon to perform i) File Complaints on Illegal Activities such as Kotong, Payola, Lagay
such work: j) File Human Trafficking Report
(1) Before and after childbirth, for a period of at least sixteen (16) weeks, which k) Inquire or Report a Human Trafficking Case or Incident
shall be divided between the time before and after childbirth l) Request for POEA Legal Assistance
(2) For additional periods, in respect of winch a medical certificate IS produced
stating that said additional periods are necessary for the health of the FINANCIAL ASSISTANCE
mother or child:
i. During pregnancy; m) Apply for DBP Water for Every Resident (WATER) Program Register
ii. During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE REGISTER
after consulting the labor organizations and employers.
n) Express Interest to Adopt or Foster
During the periods referred to in this article:
a) A woman worker shall not be dismissed or given notice of dismissal, except for SALARY LOANS
just or authorized causes provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities. o) Certify Employee Salary Loan
b) A woman worker shall not lose the benefits regarding her status, seniority, and
access to promotion which may attach to her regular night work position. 6. Is there a penal sanction if failure to comply?

Pregnant women and nursing mothers may be allowed to work .at night only if a competent Fine of not less than 30k nor more than 50k or imprisonment of not less than 6 months or
physician, other than the company physician, shall certify their fitness to render night work, both at the discretion of the court.
and specify, in the case of pregnant employees, the period of the pregnancy that they can
safely work. 7. Mr. X, a call center agent on graveyard shift has anemia, according to company-
designated physician. Can he take two weeks leave?
The measures referred to in this article may include transfer to day work where this is
possible, the provision of social security benefits or an extension of maternity leave. Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health
reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to
The provisions of this article shall not leave the effect of reducing the protection and benefits work. "If such transfer to a similar job is not practicable, these workers shall be granted the
connected with maternity leave under existing laws. same benefits as other workers who are unable to work, or to secure employment during
such period.
4. Facilities and benefits
A night worker certified as temporarily unfit for night work shall be given the same protection
• First aid facilities against dismissal or notice of dismissal as other workers who are prevented from working for
• Necessary arrangements reasons of health.
• Safe and healthful working conditions
• Resting quarters 8. If a GRO got pregnant, and the physician found her unfit for work, but she cannot be
• Transportation from residence transferred because the Bar where he works for is only open during the morning.

5. Examples of Social Services 9. If she was allowed 3 months leave, and 3 months additional leave but without pay.
Isn’t that tantamount to constructive dismissal (floating employment)?
BENEFITS

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

10. Requirement for a disease as ground for termination? if no preventive or control measure are in place. The following are workplaces commonly
associated with potentially high-risk activities:
SECTION 8. Disease as a ground for dismissal. — Where the employee suffers from a
disease and his continued employment is prohibited by law or prejudicial to his health or to • Chemical works and chemical production plants
the health of his co-employees, the employer shall not terminate his employment unless • Construction
there is a certification by competent public health authority that the disease is of such nature • Deep Sea Fishing
of at such a stage that it cannot be cured within a period of six (6) months even with proper • Explosives and Pyrotechnics Factories
medical treatment. If the disease or ailment can be cured within the period, the employer • Firefighting
shall not terminate the employee but shall ask the employee to take a leave of absence. The • Healthcare Facilities
employer shall reinstate such employee to his former position immediately upon the • Installation of communication accessories, towers and cables
restoration of his normal health (Sec. 8, Rule II, Book Vi, Implementing Rules of the Labor
• LPG filling, refilling, storage and distribution
Code).
• Mining
• Petrochemical and biofuel works and refineries
This means that for an employee to be terminated on the ground of his disease, the disease
must be: • Power generation, transmission and distribution in the energy sector
a) of such nature that his continued employment is considered prohibited by law; or • Storage, handling and distribution center for toxic or hazardous chemicals
b) prejudicial to himself or to the other employees; and that • Storage and handling of fertilizers in high volume
c) it cannot be cured within a period of six months even with proper medical attention. • Transportation
• Water supply, sewerage, waste management, remediation activities
11. Anemia, 6 weeks unfit for work, valid termination? • Works in which chlorine is used in bulk
• Activities closely similar to those above mentioned
12. Is the employer required to provide medical assessment?
3. Is San Beda a high-risk?
Article 155. Health Assessment. - At their request, workers shall have the right to undergo a
health assessment without charge and to receive advice on how to reduce or avoid health 4. Duties of employer (Sec. 4(a).
problems associated with their work:
Duties of Employers. — Every employer, contractor or subcontractor, if any, and any person
(a) Before taking up an assignment as a night worker; who manages, controls or supervises the work being undertaken shall:
(b) At regular intervals during such an assignment; and
(c) If they experience health problems during such, an assignment which are not caused by 1) Equip a place of employment for workers free from hazardous conditions;
factors other than the performance of night work. 2) Provide complete job safety instructions and proper;
3) Ensure that the chemical, physical and biological substances and agents, and
With the exception of a finding of unfitness for night work, the findings of such assessments ergonomic and psychosocial stresses under their control are without risk to
shall not be transmitted to others without the workers' consent and shall not be used to their health when the appropriate measures of protection are taken;
detriment. 4) Use only approved specific industry set of standards of devices and equipment
for the workplace, as applicable;
5) Make arrangements for workers and their representatives to have the time and
resource to participate actively in the processes of organizing, planning and
MEDICAL, DENTAL AND OCCUPATIONAL SAFETY implementation, monitoring, evaluation and action for improvement of the OSH
Laws: Labor Code, but D.O. 196-18 and D.O. 198-18 are controlling
management system;
Case/s asked: Meñez v. ECC
6) Provide for measures identifying trainings and drills, evacuation plans, etc., to
deal with emergencies, fires and accidents including first-aid arrangements;
1. Who is a first aider?
7) Comply with all reportorial requirements of the OSH standards; and
8) Register establishment to DOLE as provided under the OSH standards.
Any person trained and duly certified to administer first-aid by the Red Cross or any
organization authorized by the SOLE
5. Duty of Workers (Sec. 4(b).
2. What is a high-risk establishment?
a) Participate in capacity building activities on safety and health and other OSH
related topics and programs;
Workplace wherein the presence of hazard or potential hazard within the company may
b) Proper use of all safeguards and safety devices furnished for workers' protection
affect the safety and/or health of workers not only within but also persons outside the
and that of others;
premises of the workplace. There is high level of exposure to safety and health hazards, and
c) Comply with instructions to prevent accidents or imminent danger situations in
probability of a major accident resulting to disability or death or major illness is likely to occur
the workplace;

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d) Observe prescribed steps to be taken in cases of emergency including All PPE must be of appropriate size, weight, and type to specific workers exposed to hazards
participation in the conduct of national or local disaster drills; and from which PPE are meant to ensure effective protection. Issuance of PPE shall be
e) Report to their immediate supervisor or any other responsible safety and health supplemented by training on the application, use, handling, cleaning and maintenance of
personnel any work hazard that may be discovered in the workplace. said PPE in accordance with the manufacturer's recommendations.

6. Purpose of Committee Failure to provide appropriate PPE in high risk activities shall give rise to the right of the
worker to refuse unsafe work.
To ensure that the safety and health program is observed and enforced.
10. Safety signages (Sec. 9)
7. Is an OSH Committee required at a low-risk establishment?
- Shall have safety signage and devices to warn the workers and the public of the
8. Composition of Committee (Sec. 13) hazards in the workplace.
- Shall be posted in prominent positions at strategic locations in a language
LESS THAN 10 WORKERS & LOW-RISK ESTABLISHMENTS WITH 10 TO 50 WORKERS understandable to all, and in accordance with the OSH standards on color of signs for
safety instructions and warnings, Globally Harmonized System (GHS) pictograms,
Chairperson: Company Owner – shall have undergone Red Cross/DOLE organization 1 st aid construction safety, classification and labelling of chemicals, radiation, safety
Secretary: Safety Officer of the workplace instructions and warning signs, set by DOLE.
Member: 1 worker. Preferably a union member, if organized. - Shall also be of appropriate quality to ensure their legibility.

MEDIUM-RISK ESTABLISHMENTS WITH 10-50 WORKERS & LOW TO HIGH-RISK 11. Who is a safety officer? (Sec. 14)
ESTABLISHMENTS WITH 51 WORKERS AND ABOVE
a) Oversee the overall management of the OSH program in coordination with the
Ex-officio chairperson: Employer OSH committee;
Secretary: Safety Officer of the workplace b) Monitor and inspect any health or safety aspect of the operation being
Ex-officio members: Certified first-aider, OH nurse, dentist and physician undertaken with the participation of supervisors and workers;
Members: Safety officers and workers c) Assist government inspectors in the conduct of safety and health inspection at
any time whenever work is being performed or during the conduct of an accident
2 OR MORE ESTABLISHMENTS HOUSED UNDER ONE BUILDING OR COMPLEX investigation by providing necessary information and OSH reports as required by
(MALLS) – Joint Coordinating Committee the OSH standards; and
d) Issue Work Stoppage Order when necessary based on the OSH standards
Chairperson: Building Owner
Secretary: Safety Officer of the building, appointed by the chairperson 12. What is first aider?
Member: 2 Safety officers, 2 workers’ representative
Means any person trained and duly certified as qualified to administer first- aid by the PNRC
9. Right to Equipment (Sec. 8) or by any other organization accredited by the former

Every employer, contractor or subcontractor shall provide his/her workers, free of charge, 13. Educational attainment of first aider
PERSONAL PROTECTIVE EQUIPMENT (PPE) for any part of the body that may be
exposed to hazards, and lifeline, safety belt or harness, gas or dust respirators or masks, Must be able to read and write;
and protective shields whenever necessary by reason of the hazardous work process or Must have completed a course in first aid duly certified by the NRC or any other
environment, chemical, radiological, mechanical, and other irritants or hazards capable of organization accredited by the former
causing injury or impairment in the function of any part of the body through absorption,
inhalation or physical contact. The cost of PPE shall be part of the safety and health program 14. Garment factory has 50 sewers. Beside the company, there is a newly built hospital. Is
which is a separate pay item a first aider still required?

All PPE shall be of the appropriate type as approved by the DOLE based on its standards Art. 158. When emergency hospital not required. The requirement for an emergency hospital
and/or other means of verification. or dental clinic shall not be applicable in case there is a hospital or dental clinic which is
accessible from the employer’s establishment and he makes arrangement for the reservation
The usage of PPE in all establishments, projects, sites and all other places where work is therein of the necessary beds and dental facilities for the use of his employees.
being undertaken shall be based on the evaluation and recommendation of the safety officer Yes. An employer need not put an emergency clinic or hospital if there is a hospital or dental clinic
as a result of the workplace hazard assessment. which is:
I. Not more than 5km away – urban areas
Can be reached by motor vehicle in 25 mins of travel – rural areas

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II. Employer has facilities readily available for transporting a worker to the hospital - Where the workers use or are exposed to heavy or power-driven machinery or
or clinic in case of emergency; equipment;
III. Written contract with the hospital or clinic for the use thereof in treatment of - Where the workers use or are exposed to power-driven tools.
workers in case of emergency
17. 300 employees of Boysen, beside a hospital. Is first aid still required?
15. Does the rule apply to hazardous workplace?
18. X, an employee of Boysen, kept on eating chicharon. The following day, at 8:15 AM, he
Yes. Emergency clinic or hospital is required for hazardous/non-hazardous workplaces. had a stroke. Is first-aid treatment required?

16. What is a hazardous workplace? 19. Regardless of the cause? Even if stroke is not a regulated illness?

- Where the nature of the work exposes to dangerous environmental elements, 20. When is an illness compensable?
contaminants or work conditions including ionizing radiations, chemicals, fire,
flammable substances, noxious components and the like; • If it is one of the Occupational Diseases listed
- Where the workers are engaged in construction work, logging, quarrying, mining, • If it is not, that proof was substantially provided that the illness was work-related.
firefighting, blasting, stevedoring, dock work, deep-sea fishing and mechanized
farming; 21. Safety Officer v. First-aider
- Where the workers are engaged in the manufacture or handling of explosives and
other pyrotechnic products; 22. FACILITIES

23. CLINIC REQUIREMENT

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Conditions:

• Coverage of the SIF shall be compulsory.

TELECOMMUTING • Every employee not over the age of 60 shall be covered.
Laws: R.A. 11165 • However, employees over 60 years of age shall be covered if he had been paying contributions
to the system prior to the age of 60 and has not been compulsorily retired.
1. What is Telecommuting (Sec. 3) • An employee who is coverable by both the SSS and GSIS shall be compulsorily covered by
both systems.
Refers to work arrangement that allows an employee in the private sector to work from an alternative • Filipinos working abroad in the service of an employer as defined in Sec. 2 shall be covered by
workplace with the use of telecommunication and/or computer technologies the system and are entitled to the same benefits as are provided for employees working in the
PH.
• Program must be voluntary, and terms must have been agreed upon
(2) Start of Coverage?
2. Fair Treatment
Art. 176.
The employer shall have the duty to ensure that that telecommuting employees are given the same Employer - First day of operations
treatment as a regular employee. Employee – first day of employment
1. receive a rate of pay, OT, NSD and other monetary benefits not lower than those provided by (3) What are the limitations of liability?
law
2. rest days, holidays and special non-working holidays Art. 178.
3. equivalent workload and performance standards
4. access to training and development opportunities 1. Willful intention to injure or kill himself
5. appropriate training on the technical equipment at their disposal 2. Intoxication
6. Collective rights 3. Notorious Negligence
4. Not work-related

(4) POSTIONAL/LOCAL RISK RULE

EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND
Laws: Labor Code, Arts. 154 -161 EXCEPTION TO NOTORIOUS NEGLIGENCE - The exception to the above-mentioned rule. It states that if
Frequently Asked Cases: Bellarmino v. ECC, Hinoguin v. ECC, GSIS v. CA, Alegre, Valeriano v. ECC, Alano v. an employee, by reason of his duties, is exposed to a special or peculiar danger from the elements, that is,
ECC, Lazo v. ECC, Limbo (all in the book) one greater than that to which other persons in the community are exposed, and an unexpected injury
results, the injury is one arising out of and in the course of employment within the purview of the law.
(1) What is the State Insurance Fund?
(5) Is ECC the same with Worker’s Compensation Program?
The Labor Code adopts the compensation fund type, in which employers contribute to a common fund and
in turn, an injured employee is compensated out of that fund. All employers are required to contribute to a WPC covered all illnesses, death, injury contracted before the effectivity of the ECC, which is on January 1,
common fund equivalent to 1% of the monthly salary credit of every covered employee. 1975.

Coverage: WPC is the old law regarding compensability of work-related injury or illness. In here, there is a
- All employers and employee presumption of compensability. Once the injury or illness arose in the course of employment, the legal
presumption, in the absence of substantial evidence to the contrary, was that the claim for compensation
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came within the provisions of the compensation law. The burden of proof rests on to the employer to show Executive Director of the ECC Secretariat
that the illness or injury did not arise out of employment or at least aggravated by it. The employee has n o Two representatives from employees, and two representatives from the employers, as appointed by the
duty to show causation. President.

WCP ECC (11) Procedure in ECC

Act 3428 P.D. 422, as amended extensively by P.D. No. 6262
There is presumption of compensability No presumption 1. There must be a work-related injury
No need to present proof of causation Proof of causation is needed when I, D or D arose from 2. The employee must file within 5 days to notify the employer
those not listed 3. The employer must report such to SSS or GSIS of the sickness
Employer carries the burden of proof The claimant has the burden of proof 4. Employer decides if it is compensable by GSIS/SSS – ECC – CA (p.517)
Employer may controvert the claim Their employer is not allowed to intervene in the process
of claiming (12) Is the employer required to advance expenses? Is it compulsory?
Payment is made by the employer Payment is made by the SSS/GSIS through the State
Art. 184. (?)
Insurance Fund. The employer has nothing left to do but
to pay the contribution
(13) Powers of the ECC? (Art. 183)
Litigious Administrative
a) to fix the rate of employer’s contributions
b) to determine the rate of contribution from all employers
(6) Who administers the S.I.F.? c) to make rules on processing of claims
d) To initiate policies and programs
SSS – private sector
e) actuarial studies
GSIS – Public sector f) appoint staff
ECC- policy making and appellate body g) adopt budget a budget, chargeable against the S.I.F.
h) to administer oaths, issue subpoenas in any question arising from cases
The system shall have original and exclusive jurisdiction to settle any dispute arising from this title with i) to sue and be sued in court
respect to coverage, entitlement, benefits and collection and payment of contributions and penalties
j) acquire property
thereon and any other matter related thereto, subject to appeal to the commission, which shall decide k) enter into contracts
appealed cases within 20 working days from submission of evidence. l) perform acts as may be deemed appropriate for the attainment of the purpose of the
Commission
(7) Purpose of WCP
(14) Does the ECC have quasi-judicial powers?
a) To provide compensation benefits to occupationally disabled workers in case of death or disability
from occupational diseases. YES, they have the power to decide cases on compensability.
b) to IMPROVE economic status of workers
c) to OBVIATE uncertainties upon enforcement of court remedies (15) How do they enforce decisions?
d) to IMPROVE relations
e) to PROVIDE employees a remedy to employer’s limited liability.
Art. 188(a). Their decisions are final and executory if no appeal is taken therefrom within 10 days from
notice thereof.
(8) What is the Employee’s Compensation’s benefit?
Appeals must be effected within 15 days from the receipt of notice.
The Employees' Compensation (EC) benefits or disability benefits is a compensation package for public
and private sector employees and their dependents in the event of work-related injury, sickness, disability
(16) Are they empowered to issue writs of execution?
or death. The EC is a purely employer-based contribution benefit. Thus, the employee is not required to
contribute any amount to the program. He does not have to litigate his right to compensation. All he has to YES, 188(b). should it be necessary for the enforcement of decisions.
do is to file a claim with the ECC who determines whether or not he should be paid any compensation.
They have the power to put someone in contempt.
(9) Conditions of Compensability
(17) Can you file an MR?
a) Injury must be the result of accident arising out of and in the course of employment.
b) Sickness must be listed /considered an "occupational disease"; or even if not listed as one, it No express provision.
must be shown that the risk of contracting the sickness is increased by the working conditions.
c) Disability/Death is caused by work-connected injury or sickness
(18) What if the ECC sustained the GSIS’ decision, what is the remedy?
(10) Composition of the ECC (Art. 182) Art. 187. Review. Appeal under Rule 65 of the Rules of Court (certiorari)
CHAIRMAN: SoLE (19) Does the employer participate in the compensation?
EX OFFICIO MEMBERS:
GSIS General Manager YES, (Art. 189). Worth 1% of employee’s salary credit (permissible deductions)
SSS Administrator
Chairman of the Philippine Medical Care Commission (20) Does the employer have the discretion to determine the compensability?
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No. Only the ECC. REASONS:

1. Workplace cannot always be literally applied to a soldier on an active duty status. A soldier
must go where his company is stationed. He and his companions had lawful permission to
proceed to the place, and it is held that a place which soldiers have secured a lawful
DEATH, ILNESS AND DISABILITY BENEFITS permission cannot be different to a place where they are required to go by their commanding
Law: Labor Code
officer.
Frequently asked cases: Morate v. ECC, Limbo v. ECC, SSS, GSIS v. CA, United Phil Lines v. Sibug,
2. They were not on vacation leave and were authorized to carry weapon as to defend themselves
Montierro v. Rickmers, GSIS v. Balais, Austria v. CA, Salmone v. ECC, Magsaysay v. Lobusta, Gatus v. SS, CF
against the elements of the NPA.
Sharp v. Santos, Marlow Navigation v. Ganal, Seapower Shipping v. Sabanal, GSIS v. Pauig, CF Sharp v.
3. A soldier on an active duty status is really on duty 24 hrs a day. He is subject to call or to orders
Castillo, Dionio v. Transglobal Martime
of his superior at all times, except when he is on vacation leave. He did not effectively cease
performing official functions because he was granted a pass.
(21) What is an injury?
4. A soldier should be presumed to be on official duty unless he is shown to have clearly and
unequivocally put aside that status or condition temporarily (by going on vacation leave)
Any harmful change in the human organism from any accident arising out of and in the course of the
employment. (Art 173)
(29) 24-HOUR DUTY DOCTRINE
(22) What is an ailment?
Soldiers and policemen and even firemen, by their nature of their work, may be considered on duty around-
the-clock. But this doctrine, while it relaxes the workplace factor, does not dispense with the work-
Is a sickness accepted as occupational disease as listed by the Commission, or any sickness caused by
connection requisite.
the employment.
(30) X, police on vacation leave. On leave, while in 7/11, he saw a person stealing money from another
(23) Is muscle pain an injury?
customer. The person had accomplices. When X was about to stop the person. One of the
accomplices stabbed him which caused his injury. Is it compensable?
(24) When is an illness compensable?
YES. 24 Hour Duty doctrine will apply.
a) He must have been injured at the place where his work requires him to be
b) Employee must be performing his official functions
(31) Valeriano vs ECC (p. 537)
c) If elsewhere, that he has been executing an order
d) His injury is not due to intoxication or willful intent
The petitioner failed to demonstrate how his job as a firetruck driver was related to the injuries he had
suffered. He sustained his injuries after pursuing a purely personal and social function. His injuries were
(25) A San Beda employee was tasked to carry 5KGs of text booklets. He claims that he suffered injury.
not acquired at his workplace nor they were sustained while he was acting within the scope of his
Is It an injury?
employment or in pursuit of an order of his superior.
(26) Belarmino vs. ECC (p. 530)
The 24-hr duty doctrine cannot be applied because he was neither at his assigned workplace nor in pursuit
of an order from his superior at the time, he met the accident.
Proximate cause – the sufficient cause which may be remote in an operation chain. It sets the others in
motion. And the final event of which is the disability.
(32) GSIS vs. CA and F. Alegre (p. 533)
The right to compensation extends to disability due to diseases supervening upon and proximately and
The members of the national police are by the nature of their functions technically on duty 24 hrs a day
naturally resulting from a compensable injury. Where the primary injury is shown to have arisen in the
because policemen are subject to call at any time and may be asked by their superiors or by any
course of employment, every natural consequence that flows from the injury likewise arises out of
distressed citizen to assist in maintaining the peace and security of the community.
employment. Simply stated, all medical consequences and sequels that flow from the primary injury are
compensable.
Obviously, the matter the petitioner was attending at the time of his death, that of ferrying passengers for a
fee, was intrinsically private and unofficial in nature proceeding as it did from no particular directive or
In the case, Mrs. Belarmino’s fall in the classroom floor brought about her premature delivery which caused
permission of his superior officer. In the absence of such prior authority, or peacekeeping nature of the act
the development of septicemia postpartum which resulted to her death. Her fall was the proximate or
attended by the policeman, at time he died, there is no justification that Alegre met the requisites set forth
responsible cause that set-in motion an unbroken chain of events, leading to her demise. Her fall was the
in the ECC guidelines. He was not placed in a situation where he was required to exercise his authority
primary injury that arose in the course of her employment as a classroom teacher; hence, all the medical
and duty as a policeman. The 24 hr duty doctrine serves more than as an after-the-fact validation of their
consequences flowing from postpartum septicemia, and death, are compensable.
acts to place them within the scope of the guidelines rather than a blanket license to benefit them in all
situations that not be sweepingly applied to all acts and circumstances causing the death of a police officer,
(27) “ARISING OUT OF” V. “IN THE COURSE OF”
but only to those which, although not on official line of duty, are nonetheless, basically police service in
character.
A – origin or the cause of accident, followed from that source as a rational consequence
(33) GOING AND COMING IN RULE EXCEPTIONS:
I – the time, the place and circumstance which accident took place
(1) When the employee deviated from the original route
(28) Hinoguin vs ECC (p. 531) – Arising Out/In the Course of Employment
(2) When he has his own special, personal purpose
The death of Sgt. Hinoguin from his being hit by an accidental discharge of rifle arouse out of and in the
(34) Alano vs. ECC – Accident on the Way to Work (Off Premises Rule) p. 540
course of employment as a soldier on an active duty status of the AF and thus, compensable.
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An injury or death of a covered member in an accident while he is going to, or coming from, the workplace Generally, an accidental injury to an employee is not covered if it occurs off the employer’s premises while
shall be compensable provided: the employee is going to or coming from an unpaid lunch time. (Off Premises Rule)

i. The act of the employee of going to, or coming from, the workplace, must have If X is at a place where he had no right to be, then he is not under the protection of the statute.
been a continuing act, that is, he had not been diverted therefrom by any other
activity, and he had not departed from his usual route to or from his workplace; and EXCEPT: If he was permitted by the employer
ii. An employee on a special errand – must have been official and in connection to his
work (40) X & Y are employees of A company. X wanted to commit suicide and invited Y to do the same. Y
In the case, the deceased died while going to her place of work. She was at the place where her job was pushed off the building. They did not die, but only suffered injuries. Is it compensable?
necessarily required her to be if she was to reach her place of work on time. She was there because her
employment required her to be there. (41) X is sales attendant in SM. Customer was not satisfied with the goods sold. He confronted X, that it
was defective. So customer pushed X and X suffered injuries. Compensable?
(35) Lazo vs. ECC – Accident on the Way Home (p.542)
YES, assault arising from quarrel over work matters arising out of employment Is compensable.
There was no evidence that the petitioner deviated from his usual, regular homeward route or that
interruptions occurred in the journey. Employment includes not only the actual doing of work but a (42) If injury happened in workplace, is it always compensable?
reasonable margin of time and space necessary to be used in passing to and from the place where the
work is to be done. If the employee be injured in the place with such close proximity and relation as to be in NO, there is no presumption of compensability.
practical effect a part of the employer’s premises, the injury is one arising out of and in the course of the
employment as though it had happened while the employee was engaged in his work at the place of its (43) What if in workplace, but injury is not work-related. Compensable?
performance.
No, not in all cases.
(36) Mr. X was on duty, on his way home, when he rode the jeepney, he was stabbed by the passenger.
Is it compensable? (44) DUAL PURPOSE DOCTRINE

Yes. Employment includes not only the actual doing of the work, but a reasonable margin of time and Special trip would have to be made for the employer If the employee had not combined that service for the
space necessary to be used in and passing to and from the place of work. Of course, it must be proximate employer with his going/coming trip.
to the place of work.
Guidelines:
(37) SHUTTLE BUS DOCTRINE
Both business and personal purpose are deemed within the course of employment
EXTRA PREMISES RULE, Where the employer, as an incident to employment, provides means for If he would still make the trip in the absence of official purpose/non-fulfillment of personal
transportation to and from the place of employment, the company is liable. purpose, IT IS CONSIDERED PERSONAL
If he would make the trip without personal purpose, it is BUSINESS, even if not in contingency
of employment.
(38) During meal period, X went to the CR to urinate. He fell. Is it compensable even if it is unpaid?
(45) X, a teacher went to SM Manila at 6 PM to withdraw salary, (1 hr from workplace because of the
YES, because acts of ministration (call of nature, etc.) and meal period are incidents to the employment. traffic.) Is it compensable?

It is settled that injuries sustained in connection with acts which are reasonably incidental to the YES. Because withdrawing his salary is in connection with his duties as an employee. Likewise, X has no
employment are deemed arising out of employment. This includes acts of personal ministration for the other time to withdraw but after class hours.
comforts or convenience of the employee. The course of employment is not broken because of acts of
administration done by an employee to himself. a. What if the purpose it to pay the bills?

Acts of ministration are those done by a person to satisfy call of nature. They are deemed incidents of No. paying bills is not an incident to his employment. This is also not considered as an act of
employment and thus, injuries sustained thereby are compensable. ministration.

The general rule is that injuries occurring to an employee during an intermission or break for rest or (46) Mr. X, a basketball player and an encoder. He bought home his work. He had a carpal tunnel
refreshment arise in the course of employment are compensable. An employee is entitled to compensation syndrome. Is it compensable?
for injuries received on the employer’s premises, although the accident occurred during lunch period,
where the eating of the lunch was with the employer’s knowledge and consent. Injuries sustained at home or upon his work premises in connection with the performance of his duties are
generally compensable where such work is done in pursuant to the terms of the contract or pursuant to the
It is not compensable if it results from an independent act of the employee having no connection with his order of the employer. An exception to this is if it is done voluntarily by the employee for his own benefit.
work or his meal, of it at the time he was in a place where he had no right to be.
If it was permitted by the employer, it may be compensable.
Ordinarily, an employee is not compensated while away from the employer’s premises during an
intermission for lunch, subject to exceptions (47) X, employee of a garment company. He was curious with the cutter. During his meal period, he
pressed the switch, and one of his fingers was cut. Is it compensable?
(39) X, San Beda employee, had a meal in Mcdo during a non-compensable meal period. On the way
back, he slipped. Compensable? NO, as it amounts to self-inflicted injury (notorious negligence) wherein he disregarded his personal safety.

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OR (60) X wanted to meet his friend during lunch break, he was allowed to have lunch out but was ordered
to buy Krispy Kreme. X purchased the donuts, he slipped and fell. Compensable?
YES. It is compensable if the injury was not intentional but one due to carelessness or negligence.
Furthermore, a defense against notorious negligence is the unexpectedness of the accident. Another is YES, if it was an act for the benefit of the employer.
lack of knowledge or awareness of the peril or the seriousness of the impending danger.
An injury sustained by an employee outside the company premises is compensable if his being out is
(48) Negligence on his part? Simple or notorious? covered by an office order or locator slip or pass for an official business. Where the claimant was
performing official functions, it hardly matters that she was injured outside regular working hours and
(49) What if may sign na “Do not touch the machine”? beyond her place of work. The act is also considered incidental to the employment, as it is done for the
benefit of the employer.
(50) Can ER negate its liability on the ground of notorious negligence?
(61) Mr. X, a janitor, suffered injuries during earthquake and the fan fell off his head. Is it compensable?
(51) What is notorious negligence? What if he was intoxicated?

(52) Give an example. GR: Employer is not responsible in cases of force majeure/Act of God
XPN: Positional/Local Risk
Solidum v. GSIS, p. 50 – challenged his comrades to a duel, then pulled the trigger, causing his death 1. If employee Is exposed to peculiar damage from elements and is exposed more compared to
others
Or playing with a dynamite, knowing it to be confiscated 2. Arising out of or in the course of employment. (required to be at that area)

NOTORIOUS NEGLIGENCE is a deliberate act of the employee to disregard his own personal safety. (62) Mr. X was the clerk of San Beda. He has stage 3 colon cancer. Is it compensable?
Generally, it is not compensable. But if there has been (1) lack of knowledge or awareness of the peril of
the seriousness of existing danger or (2) unexpectedness of the accident, it may compensable. To establish compensability, the claimant must show ample proof of reasonable work-connection, not just
direct causal relation. If from the nature of his work as clerk, it cannot be shown that a colon cancer may
(53) What does Art. 179 provide? develop, it may not be compensable.

(54) X died at work, so the family claimed death benefits. Later on, investigations ensued and showed (63) X & Y are sweethearts, in the workplace, X found Y was cheating. So X intentionally pushed Y, and
that the employer was negligent in ensuring safety for the employees. Otherwise, he would have Y suffered injuries. Is it compensable?
not died. May the heirs still file for damages?
NO. Not work-related.
(55) X, a security guard of San Beda, celebrated his birthday inside the campus. Everyone had 1 bottle
of beer. X had an altercation with Y, Y took his ice pick and stabbed him. Are the injuries sustained (64) X and Y are co-workers – sale agents. Y stole X’s client account. X pushed Y on fire exit. Is it
by X compensable? compensable?

(56) X, a seafarer, was on board. They had a party. He had 6-7 bottles of beer. The Captain asked him to YES. Assault arising from quarrel over work assignment was held to be compensable. Because the quarrel
stop drinking. When X had his 12 th bottle, he re-enacted Titanic, so he jumped off. Is that rooted from their employment.
compensable?
(65) What is a disability
No. This case is of intoxication, which limits the liability of the employer. (Mabuhay Shipping v. NLRC, p.
587.) Loss or reduction in earning capacity caused by a loss or impairment of the normal functions of the
employee's physical and/or mental faculties as a result of an injury or disease.
(57) How to we determine if an employee is intoxicated?
(66) If awarded, what is being compensated?
The breath analyzer, to determine the blood alcohol concentration level.
THE LOSS OF EARNING, not the loss of the anatomical function of the body part.
(58) X despite having a bipolar disorder, was employed as a seaman. One night, he felt homesick and a. The employee's actual loss of income from the usual occupation
asked for repatriation, but his captain denied and advise him to try to adjust. The next day, he b. The capacity to engage in any other gainful occupation because of impairment
jumped off the ship and died. Is it compensable?
(67) 3 categories of disability
YES, because there was no willful intent. Having a mental disorder, if established to be one that
incapacitates the mind or making a personal emotionally unable to decide, negates the exception on willful PTD – Permanent Total Disability (Art. 198)
intent. Permanent - inability of a worker to Injuries
perform his job for more than 120 • Complete loss of sight of both eyes
(59) X, security guard, had an altercation with a frat member. 3 hours later while outside the school, X days regardless of whether or not • Loss of two limbs at one or above
was stabbed. Compensable? he loses the use of any parts of his the ankle or wrist
body. • Permanent complete paralysis of
An assault, although resulting from a deliberate act of the slayer, is considered an accident within the two limbs
meaning of the WC. Assault resulting from resentment, having its origin in the work, arouse out of Total disability – disablement of an • Brain injury resulting in incurable
employment. (Bohol Land vs. Madanguit) employee to earn wages in the imbecility, insanity or other
same kind of work, or work of a irreversible conditions
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Compiled by: Kira Jorgio

similar nature that he was trained a. He cannot work, so he found another employment (as singer). Is it permanent? Is he still
for, or accustomed to perform, or entitled to receive even if he is engaged in gainful employment?
any kind of work which a person of
his mentality and attainment could No, the employee is no longer entitled to receive such because he had already regained gainful
do. employment.

Inability to perform an a) What if he was under the same company?

occupation for a continuous
period exceeding 240 days. (72) Assuming the injuries are compensated. Can they claim for other benefits?
PPD – Permanent Partial Disability (Art. 199)
Occurs when an employee loses Complete and permanent loss of the use YES.
the use of any particular anatomical of:
part of his body which disables him a) One of the (73) If the system has already paid, can they still demand if the cost given was insufficient?
to continue with his former work fingers
b) Any toe (74) What are the disability benefits?
Employee loses the use of any c) One arm
particular anatomical part of his d) One hand Income benefit, (90% of his average daily salary credit for TTD, full amount for PTD, and full amount, in
body which disables him to e) One foot relation to the months respective the injury for PPD), medical services, supplies, rehabilitation services.
continue with his former work. f) One leg
g) One or both (75) X carries sack of rice from one place to another, and then met an accident causing his right arm to
eats be severed. What is the nature of the disability?
h) Hearing in
one or both Permanent Partial Disability.
ears
i) Sight of one (76) X, lost his right index finger in the rice mill, is he entitled to the benefits?
eye
TTD – Temporary Total Disability (77) If a local worker suffers disability, where shall he file?
Temporary if as a result of the
injury or sickness, the employee is To the GSIS/SSS, to be confirmed by the ECC.
unable to perform any gainful
occupation for a continuous period (78) What about an OFW?
of NOT exceeding 120 days,
except when such disability still Art. 175. Sea-based OFWs, and OFWs who are paying SSS.
requires medical treatment beyond
120 days but not to exceed 240 (79) Can the OFW Claim from their employer and at the same time from the System?
days.
An action for recovery of sickness benefits under the Social Security Act for the employee's confinement
It is compensable if it still requires which is compensable under the Workmen's Compensation Law, is not a recovery against the employer for
medical attendance after 120 days sickness benefits. (Benguet Consolidated Inc v. SSS)
but not after 240 days.
(80) If OFWs claim benefits from a foreign employer through a CBA, may they still claim benefits here?
(68) What is the 120- and 240-day rule? Wouldn’t there be double recovery?

It is the period to gauge what type of disability the employee has incurred, in connection with the (81) Are the benefits from SSS/GSIS and SIF the same?
compensation to be given.
No. The Workmen's Compensation Act is particularly design to provide rights of action to employees for
(69) On the 241st day, there still had been no findings? injuries suffered them during employment. They are compensated, in the form damages for injuries arising
out of, and in the course of, employment or in illness aggravated by, or the result of, the employment (Sec.
The latter shall be deemed to be totally and permanently disabled. 2, Workmen's Compensation Act, as amended).

On the other hand, benefits granted under the Social Security Law are not damages. They are rights
• What if he is under rehabilitation?
afforded social security members and their dependents, through which said members are assured
minimum financial assistance during times of work stoppage, due to hazards covered by the law. Unlike the
If beyond 240 days, what he is entitled to are Medical Benefits, and no longer the disability benefits.
Workmen's Compensation Act where the injury must arise out of and in the course of employment, benefits
under the Social Security Law are awarded to a member for whatever cause Compensation under the
(70) If left arm was cut off, do we still apply the 120 & 240 rule?
Workmen's Compensation Act is a unilateral liability of the employer. Under the Social Security Law, the
benefits are paid by the System out of funds contribute by the employer and the employees in the
(71) Loss of sensation of lower limbs?
proportions provide by law. All members-employees of the System pay contribution, which have been
deducted from their monthly salary, wage, or compensation. Said contributions are in the amount
Permanent Total Disability.
corresponding to their salary, wage or compensation, in accordance with the schedule fixed by the Social
Security Act.
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v. Approve restructuring proposals for payment of due but unremitted contributions

(82) Can the employee choose the physician and/or a hospital? and unpaid loan amortizations
vi. Authorize Cooperatives to act as Collecting agents with respect to their members
(83) What if the physician he chooses is not accredited by the System? vii. Penalize
viii. Implement the rate of contribution
Art. 192. The System shall not be liable for compensation for any aggravation of the employee’s injury or ix. To develop a special social security program, for workers with unique geographic
sickness resulting from unauthorized changes by the employee conditions
x. Approve, confirm or pass upon review of all actions of SSS
(84) Is there a prescriptive period in claiming benefits before either System? Reckoned from when?
SSS:
Sec. 6, Rule VII, IRR on Health, Safety and Welfare Benefits – three years from the time the cause of 1. Submit a valuation report
action accrued. 2. Establish SSS offices to cover provinces
3. Enter into agreements for such service and aid
(85) What is the purpose of Drug Testing? 4. Adopt and approve budget reports
5. Set up accounting system
To ensure the health and welfare of the workers. 6. Require reports
7. Acquire, develop and dispose of property
Random drug-testing may be done, and the expenses of which must be shouldered by the employer. 8. To expropriate
9. To enter into agreement w GSIS for the transfer of members
Screening Testing - determines the positive result and type of drug used 10. To sue and be sued in court.
Confirmatory Testing – confirms a positive screen testing
3. How does the SSS settle disputes? (Sec. 5)
(86) X is applying as a nurse at St. Luke’s. May the employer require HIV testing?
When the SSS takes cognizance of the case and evidence submitted, they shall have a mandatory
NO, as compulsory HIV testing is unlawful and deemed to intrude the right of privacy. However, a voluntary period to decide for 20 days.
or consented testing is allowed.
4. What are the remedies? (Sec. 5)
(87) Under the LC, what is the average monthly salary credit? b) APPEAL
c) COURT REVIEW – after all remedies have been exhausted
(88) Why is there a need to determine such? d) WRIT OF EXECUTION

5. SSS rendered a decision of no entitlement to benefits, on the ground that the contribution required
was lacking. Is there an appeal? Appeal under what rule in the ROC?
SSS Law
Laws: R.A. 11199, R.A. 11128
Sec. 5, Rule 43 (Appeal to Quasi-Judicial Bodies), or Rule 45 (Appeal by Certiorari), as the case may be.
Frequently Asked Cases: Dalusong v. Eagle, SSS v. Azcote, Signey v. SSS, SSS v. Favila, Mendoza v. People
• What is the reglementary period?
1. Composition of SS Commission
15 days from notice of judgement
CHAIRPERSON – Secretary of Finance
VICE CHAIRPERSON – SSS President and Chief Executive Officer
6. What is the average monthly salary credit?
EX OFFICIO MEMBER – SOLE
MEMBERS – 6 appointive
It is the computation bases on the contributions provided for by this act.
3 members of the worker’s group (1 is woman)
3 members of the employer’s group (1 is woman)
YEAR RATE SHARE SALARY CREDIT
2. What are the powers of SSS? Sec.4(A) and (B) ER EE MIN MAX
2019 12% 8% 4% P2,000 P20,000
COMMISSION: 2020 12% 8% 4% P2,000 P20,000
i. Formulate rules and regulations; 2021 13% 8.5% 4.5% P3,000 P25,000
ii. Establish Provident Fund for members which will consist of Er/Ee/Self-employed’s 2022 13% 8.5% 4.5% P3,000 P25,000
contributions 2023 14% 9.5% 4.5% P4,000 P30,000
iii. Maintain a Provident Fund which will consist of SSS officials’ and employees’ 2024 14% 9.5% 4.5% P4,000 P30,000
earnings 2025 15% 10% 5% P5,000 P35,000
iv. Conduct actuarial studies to determine the financial conditions
Average Monthly Salary credit:

Dividing the sum of the last sixty (60) monthly salary credits immediately preceding the semester of or the result obtained by dividing the sum of all the monthly salary credits paid prior to the semester
contingency by sixty (60), of contingency by the number of monthly contributions paid in the same period.

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Provided, that the injury or sickness which caused the disability shall be deemed as the permanent • Who pays the premium of land-based? Since it is provided for by law that land based OFWs
disability for the purpose of computing the average monthly salary credit. shall be considered in the same manner as self-employed persons, he shall bear the payment
of his premium
7. Who are the compulsory members of the SSS? Sec. 9, 9(A), 9(B). • Who pays the premium of sea-based? Employer
• How will he receive the benefits? Payment-thru-Bank scheme
All employees, including kasambahays not over 60 years of age and their employers. Provided,
any benefit being enjoyed prior this Act shall not be discontinued. 13. Mr. X was caught stealing so the contract was validly terminated. What is the effect of separation to
Spouses who devote full time to managing the household and family affairs, and is not the contribution of payment of employer? Sec. 11
employed
His employer’s contribution on his account and his obligation to pay contributions arising from the
SELF-EMPLOYED: employment shall cease at the end of the month of separation. But he shall be credited with all
Partners and single proprietors of business contributions paid in his behalf, and still entitled to benefits.
Actors and Actresses, directors, scriptwriters
Professional athletes, trainers and coaches However, he may still continue to pay the total contributions to maintain his right to full benefit.
Individual farmers and fishermen
14. What is self-employed?
OFW:
Land based and sea-based, under R.A. 8042 In the eyes of the SSS law, he is both the employee and the employer.
Manning agencies
DFA and DOLE, and its agencies involved in deploying OFWs 15. What if Dentist was not able to pay as he was caught in an accident. He wasn’t able to work for 3
months. Is he required to pay? Sec. 11-A
8. Who are the voluntary members of the SSS?
Self-employed and voluntary members may pay their monthly contributions prospectively or in
Spouses who devote full time to managing the household and family affairs, but is engage in other advance, but never retroactively to cover month/s when no contribution payments were remitted.
employment.
16. Mr. X, OFW but became an immigrant. Allowed?
Under the old law, R.A. 8282, OFWs are voluntary members
Yes. Basically, a Filipino immigrant is still a Filipino citizen. Citizenship Retention and Reacquisition
9. When does an employee become a member of the SSS? Sec. 10 Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another
country shall be deemed not to have lost their Philippine citizenship.
Employer – first day of operations
Employee – on the first day of his employment There are already many Filipinos who have been naturalized citizens of other countries that have
Self-employed – on the day of his registration with the SSS been receiving their Philippine SSS pensions monthly. Filipino pensioners abroad have been filing
Domestic helper – after rendering one month of service their Annual Confirmation of Pensioner’s (ACOP) Form every year on their birthday month. Many
have been using Visa debit cards to receive their SSS pension monthly. Recently, it’s Chinatrust
10. Can an alien avail of SSS benefits? (now CTBC Philippines) that has been issuing Visa debit cash cards for SSS pension withdrawals
abroad.
YES, provided he has an Alien Employment permit
17. Is he compulsory or voluntary?
SSS may pay benefits without regard to nationality or country of residence. It also implies that a
national of a foreign country can receive SSS benefits as long as his or her country is recognized by Voluntary. SEC. 9-B. Compulsory Coverage of Overseas Filipino Workers (OFWs)
the Philippines and is also extending benefits to Filipino beneficiaries in the Philippines. (g) Filipino permanent migrants, including Filipino immigrants, permanent residents and naturalized
citizens of their host countries may be covered by the SSS on a voluntary basis.
• Reciprocity Requirement (Sec. 8(h), par. 3)
18. Who are dependents under R.A.11199?
Reciprocity, which is fundamental to all social security agreements, means that each country
which is a party to an agreement undertakes to apply the same mechanisms as every other i. Legal spouse
party to make its social security benefits more accessible to migrant workers. Reciprocity also ii. Legitimate, legitimated, legally adopted, and illegitimate child who:
means that there is a reasonable degree of comparability in the obligations that each party 1. is unmarried, not gainfully employed and has not reached 21 years of
assumes as a result of an agreement. age, or
2. is 21 but is permanently incapacitated, or incapable of self-support
11. Is he compulsory or voluntary? iii. The parent receiving regular support from the member.

It depends on the character of his employment. 19. What if parents are 60 years old and having a sari-sari store business? Can they be considered
dependent?
12. Can an OFW avail?
NO? The word dependent means as one who derives his/her main support from another, relying on,
Yes. or not able to exists or sustain without the aid of someone else.

20. Who are the beneficiaries?

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ii. AT LEAST 3 months contributions paid within the 12-month period immediately
PRIMARY SECONDARY before the semester of sickness
Dependent spouse until she remarries Dependent parents iii. ALL company sick leaves have been used up
Dependent legitimate, legitimated, Any other person designated by the iv. Employer has been notified.
adopted or illegitimate children. member
PROVIDED, illegitimate children shall be • Notification requirement
entitled to 50% of the share of legitimate,
legitimated and adopted children, and Within 5 calendar days after sickness or injury. The employer, in turn, must notify the SSS
PROVIDED, if there are no legitimate, within 5 calendar days after the receipt thereof.
legitimated and adopted children,
illegitimate shall receive 100% • X suffered sickness already known to the employer, is notice still required?

21. Is the mistress a dependent or beneficiary? Not necessary if the sickness or injury occurred while working or within company premises.

The mistress may not be considered as a dependent under the law but may be considered as a If he was admitted abroad, his medical certificate shall be in English, which shall be
secondary beneficiary. authenticated by the Consulate.

22. X was survived by 60 y/o spouse, has 6 legitimate children, 5 adopted children and 8 illegitimate • If self-employed
children. Who may claim?
Directly to the SSS, within 5 days after confinement.
They may all claim, provided these conditions are met:
• Limitation as to the number of sickness - compensation based on number of days of
With regard to the spouse: confinement, not per ailment.
1. That she is unmarried
2. That she dependent of support from the spouse Maximum of 120 days in one calendar year.

With regard to the children: • But what if the company has sick leaves, tapos nakaipon siya ng 10 days, pwede
3. That they are below 21 years old and not yet gainfully employed; or pa ba mag-avail under the system?
4. That they are above 21 AND permanently incapacitated or incapable of self-support
(a) The illegitimate child is entitled to 50% of the share of the legitimate child; and if there is No, he must use up his sick leaves first.
no legitimate child, the illegitimate, the adopted and legitimated shall be entitled to 100%
of the share. • Effect if ER failed to notify SSS? Sec. 14-d

23. Minimum age requirement? No right to recover the corresponding daily allowance he advanced to the employee.

Under the Working Child Law, a child below the age of 15 employed is considered a working child. It 27. Does the system pay directly the sickness benefit or is it advanced by the employer?
is a requirement however that his participation is indispensable in local entertainment, etc. As an
employee, the child is entitled to be covered by the SSS. The payment of the daily sickness allowance is advanced by the employer every regular payday.
The SSS will then reimburse the employer of the amount legally advanced upon receipt of
24. Age limitation? satisfactory proof of such payment and legality thereof.

No minimum age requirement as long as the child is a working child. For an employee, he must be at The SSS will reimburse the employer only for confinements within the one-year period immediately
most, 60 years old. preceding the date the claim for benefit or reimbursement is received by the SSS, except for
confinements in hospital.
25. Benefits (D2FM2PRS)
28. Are there exceptions for the reimbursement of the SSS to the employer? What are the sanctions?
Death
Dependent Pension Any employer who has failed to remit the same to the employee, wholly or partially, is guilty of
Funeral Benefits misappropriation of funds, and shall suffer a fine from PHP 5,000 to PHP 20,000 or jailed for at least
Maternity six years.
Monthly Pensions
Permanent Disability Benefit They must also remit all unpaid SSS contributions in addition to a 3% penalty each month, and pay
Retirement the benefits of employees who die, become disabled, get sick, or reach retirement age.
Sickness
Aside from the SS Law violation, a delinquent employer is also liable for the crime of Estafa because
26. SICKNESS BENEFITS (Sec. 14) non-remittance of employees’ SSS contributions is considered a form of fraud or tantamount to
• Requirements misappropriation.

i. Unable to work due to sickness or injury and confined either in a hospital or at home 29. FUNERAL BENEFITS – expenses for the burial expenses for of the deceased member (Sec. 13-B)
for AT LEAST 4 DAYS.
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How many months of contributions?

34. DISABILITY BENEFITS (w/ dependent’s pension and supplemental allowance.)
For self-employed/ non-working spouse/ OFW members - the deceased SSS member must • Contributions?
have paid at least one (1) monthly contribution, for his/her beneficiaries to be entitled to the At least thirty-six (36) monthly contributions prior to the semester of disability, monthly pension.
funeral benefit. If less than, lump sum only.

For employed members and those separated from employment - the deceased must be • PTD – How long will it last?
reported for coverage by his/her employer, even if no contribution was paid, for his/her
beneficiaries to be entitled to the funeral benefit. Lifetime pension, however, the pension will be suspended if the pensioner recovers from the
disability, resumes employment, or fails to report for annual physical examination when notified
Who is entitled to receive? by the SSS. The member may request for a domiciliary or a home visit if the disability inhibits
him/her from reporting for re-examination by the SSS physician at any SSS branch office.
The beneficiaries of the deceased-member
• PTD, but upon reaching the age of 65, he applied for retirement benefit. Should SSS grant?
3rd person, who spend for her funeral
The disability pension shall cease.
...or any person who has defrayed expenses for the burial. The claim for this benefit should
be supported by an official receipt of the funeral expenses issued in the name of the • If PPD, is he entitled?
claimant and the deceased member’s death certificate.
In case of permanent partial disability, the monthly pension benefit shall be given in lump sum,
Only 2-month contribution, are beneficiaries entitled to the 12,000? if it is payable for less than 12 months.

SEC 2. AMOUNT OF FUNERAL BENEFIT. – The funeral benefit is equivalent to the • May it be availed with retirement benefits?
following amounts paid either in cash or in kind, depending on the date of contingency and
may be adjusted as may be determined by the Commission: [Sec 13-B] No.
(1) P12,000.00, effective May 24, 1997;
(2) P15,000.00, effective September 1, 1998; • If employee already enjoys the disability benefit, is he entitled to the sickness benefit?
(3) P20,000.00, effective September 1, 2000; or
(4) A variable amount ranging from a minimum of P20,000.00 to a maximum of P40,000.00, depending • X, seafarer, suffered injuries in vessel. File claims from his employer. He remembered that he
on the member's number of contributions and AMSC, effective August 1, 2015. was paying the SSS for 8 years. Can he claim disability benefits from the SSS?
30. Mr. X died at his 15th day of employment. Is he already a member? Is his family entitled to the Yes, employees in private companies with Social Security System (SSS) membership may
benefit? claim Employees’ Compensation (EC) benefits from SSS when suffering from work-related
illnesses, injuries, and deaths.
Yes.
• Mr. X was employed by Company Y Mar. 30, on April 10, he suffered injury, can he avail the
31. Death benefit v. Funeral Grant
medical benefit? Is he a member of the System?
DEATH FUNERAL
No, he is not yet entitled to the benefits. Because the minimum requirement in this case, is that
Given to the beneficiary Given to whoever has paid for the funeral the member has paid at least 1-month contribution before the semester of injury
expenses
Must have paid at least 36 monthly No necessary minimum contribution
contributions 35. RETIREMENT BENEFITS – He must have been 60 and separated from employment or ceased to be self-
employed; or has reached the age of 65 (mandatory retirement).
32. DEATH BENEFITS 1. X reached 65, not able to pay 120-month contributions. Is he
entitled to monthly pension?
SEC. 13. Death Benefits. - Upon the death of a member who has paid at least thirty-six (36) monthly
contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly Lump sum benefits equal to the total contributions paid or may be given the option
pension: Provided, that if he has no primary beneficiaries, his secondary beneficiaries shall be to continue paying contributions to complete the 120 months eligibility.
entitled to a lump sum benefit equivalent to thirty-six (36) times the monthly pension. If he has not
paid the required thirty-six (36) monthly contributions, his primary or secondary beneficiaries shall be 2. X complied with the 120 monthly contributions, what is he entitled
entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly to receive?
contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.
He shall receive a monthly pension for as long as he lives and have the option to
33. Rule of Death Benefits in SSS for children and spouse receive his first 18 monthly pensions in lump sum.

The monthly death pension ranges from P1,000 to P2,400, depending on years of service. If the 13th Month pension, payable every December.
member has dependent minor children, they get a pension equivalent to 10% of the member’s
monthly pension or P250, whichever is higher. You also get a 13th-month pension every December. 3. Should he die, is the benefit converted to monthly pension?
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42. Survivorship benefits same with GSIS’ Death Benefit?

4. Mr. X worked for 5 years. Upon reaching the age of 60, he retired.
However, after 2 years, he obtained gainful employment. What is No, in SSS, the survivorship benefits are in the form of ‘dependent’s pension’ and is equivalent to
the effect of this on his membership? 10% of what the pensioner may receive monthly from the benefit. Meanwhile, in GSIS, the surviving
spouse is entitled to 50% of the basic pension of the deceased member and the children, to 10%.
Suspended upon the re-employment of a retired member. However, at the age of
65, whether employed or not, he can claim of the benefit. 43. X wants to migrate and has contributed for 10 years. May he ask for a refund?

36. MONTHLY PENSION No, once you become a covered SSS member, you become a member for life. The contributions that
you remit become savings for the future that will serve as basis for the granting of social security
a. Requirement for wife to receive pension benefits in times of contingencies. Membership cannot be withdrawn and contributions paid cannot
refunded.
A dependent spouse is considered a primary beneficiary of a member of the SSS.
As a primary beneficiary of a retired member of the SSS, the wife is entitled to Besides, OFW or immigrants may still avail of SSS benefits
receive the monthly pension, which is due to her husband. However, Section 12-B
of the SSS Law explicitly states: “(d) Upon the death of the retired member, his 44. Effect Failure to remit
primary beneficiaries as of the date of his retirement shall be entitled to receive the
monthly pension…” To the Employee - the employee is still entitled to SS benefits even if the employer fails or refuses to
remit the SSS contributions.
b. During his lifetime, can the dependent redeem the pension?
To the Employer - An employer who does not report temporary or provisional employees is violating
Yes. the SS law.

c. Would this be in addition to the death benefit? The employer is liable to the employees and must:
pay the benefits of those who die, become disabled, get sick or reach retirement age;
No. In case of death, the disability pension shall cease. pay all unpaid contributions plus a penalty of three percent per month;
and be held liable for a criminal offense punishable by fine and/or imprisonment.

37. UNEMPLOYMENT INSURANCE, INVOLUNTARY SEPARATION – 50% IF THE AMSC (Sec. 14-B) To the Self-employed Person and Voluntary Member - A self-employed person who fails to register
Requirements with the SSS may be subjected to fines and/or imprisoned. However, in the event the self-employed
or voluntary member does not realize earnings in a given month, payment of SSS contributions for
- He is not over 60 years of age that month is no longer required.
- Has paid 36-month contribution, 12 months of which shall be included in the 18
months preceding the termination. Self-employed and voluntary members may pay their monthly contributions prospectively or in
- Laid off from work due to merger, reorganization, or bankruptcy of the employer. On advance, but never retroactively to cover month/s when no contribution payments were remitted. In
the other hand, if unemployment is voluntary—resigned from work, the SSS won’t give the case of the covered Non-Working Spouse, if he/she later becomes employed, self-employed or
you unemployment benefits. an OFW, the membership shall be reclassified accordingly as employed or self-employed or OFW.

When shall this benefit cease? 45. Acts penalized?

After two months of receiving this benefit. Sec. 28 – Penal Clause

o Causing to be paid or received through misrepresentation
X got a job after 2 months. After a year, he got separated again. Can it be granted? o Receiving money/check without authority thereto
o Forgery or alteration with respect to materials used (stamps, coupon, ticket, books,
No. Claiming of this benefit shall only be available once every 3 years. and other devices)
o Failure to comply with the provisions of the SSS Law
38. When an OFW suffers disability, where shall they file their claims? o Receiving funds deliverable to the SSS and misappropriating them
o An employer who after deducting a portion of the employee’s salary that fails to
With their employer or any SSS/GSIS office. remit

39. X died while on vacation. Can his heirs claim death benefit from the system, even if it is not work- 46. Prescription period?
related? What if drug overdose?
20 years
Yes
47. Liability of employer under SSS law na voluntary waiver of employee na magkaron ng SSS. Is a
40. Is it the same with the S.I.F? Pipili na lang ba siya kung saan niya iaavail yung benefit? voluntary waiver valid? Sec.28(I) –
i. Under the NCC, what will apply?
Yes.
Article 6 of the Civil Code expressly provides that rights may be waived unless the waiver is
41. Paano pag walang contribution sa both. Can they still avail? contrary to law, public order, public policy, morals or good customs. The tribunal cannot see
any such violation in this case.
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

Monthly pensions
Separation benefits
GSIS Law Involuntary separation
Law: R.A. 8291
Retirement benefits
Cases: GSIS v. De Leon, GSIS v. Alcaraz
Survivorship benefit
Life Insurance Benefits
1) Who are covered?
Funeral Benefits
All government employees receiving compensation who have not reached the compulsory age of
*no Maternity benefits
retirement.
10) Beneficiaries?
All government personnel, whether elective or appointive, irrespective of status of appointment,
provided they are receiving fixed monthly compensation and have not reached the mandatory
Primary
retirement age of 65 years, are compulsorily covered as members of the GSIS and shall be required
Legitimate spouse, until he/she re-marries, or co-habits/engages in common-law
to pay contributions
relationship;
Dependent legitimate, legally adopted or legitimated children, including illegitimate
2) Minimum contribution on GSIS
children, who have not reached the age of majority, or, have reached the age of majority
but incapacitated and incapable of self-support due to a mental or physical defect
Special Members – under a special law or charter are under schemes designated by the DBM.
acquired prior to age of majority.
ConComm, Judiciary
Secondary
Regular Members
• Dependent parents and, subject to the restrictions on dependent children
• Legitimate descendants.
CONTRIBUTION PERCENTAGE BREAKDOWN
Life Insurance Retirement
11) SURVIVORSHIP BENEFITS
Personal/Employee 9% 2% 7%
Government/Employer 12% 2% 1% When a member or pensioner dies, the beneficiaries shall be entitled to survivorship benefits.
Total 21% 4% 17%
Conditions:
3) Who are excluded?
That the deceased:
• Members of AFP (i) was in the service at the time of his death; or
• Members of PNP (ii) if separated from the service, has at least 3 years of service at the time of his death and has paid
• Members of BJMP 36 monthly contributions within the 5-year period immediately preceding his death;
• Members of BFP (iii) or has paid a total of at least one 180 monthly contributions prior to his death;
• Contractual Employees who have no employer-employee relationship with the agencies
they serve The survivorship pension shall consist of:
• Members of the Judiciary
• Members of Constitutional Commissions (1) Basic survivorship pension - 50% of the basic monthly pension; and
(2) Dependent children’s pension not exceeding 50% of the basic monthly pension.
4) Job-order employees?
12) DEATH BENEFITS
Not included (Contractual employees who have no Er-Ee relationship)
Implementing Rules and Regulations (IRR) of R.A. No. 8291 provides for the rules that should be applied in
5) Labor Arbiters? case a retired member of the GSIS died while his claim for retirement benefits is being processed.

Included. Section 20.5 thereof provides that:

6) Secretary of Labor? • If the deceased member opted for a 5-year lump sum benefit as indicated in his claim for
retirement application, his legal heirs shall be entitled to a 5 lump sum benefit equivalent to 60
Covered. months basic monthly pension.

7) Congressman? However, the survivorship pension to qualified primary beneficiaries, if any, shall be granted
after the end of the 5-year guaranteed period, but the filing of claim for survivorship benefit
Covered. should be done before the end of the 4-year prescriptive period.

8) Judge? • If the deceased member opted for immediate pension as indicated in his claim for retirement
benefit, his legal heirs shall be entitled to retirement benefits equivalent to eighteen (18) months
9) Benefits? of the basic monthly pension plus accrued pension, if any, up to the date of death of the retiree.
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Compiled by: Kira Jorgio

6 or more years but less than 9 years 4 months

Shall be paid to the qualified primary beneficiaries, 9 or more years but less than 11 years 5 months
Shall be computed from the date of death of the retiree, subject to the filing of the claim. 11 or more years but less than 15 years 6 months

In case the deceased member failed to indicate in his retirement option, it shall be computed as if he 16) Can separation and retirement benefits be availed of simultaneously?
opted for immediate pension. The proceeds of retirement benefits shall be paid and distributed to the
legal heirs in accordance with the law on succession under the Civil Code of the Philippines. No, as it is one of the conditions.

13) SEPARATION BENEFITS? Requirements? 17) X was dismissed for dishonesty. May he avail of separation benefits?

(a) Cash payment equivalent to 100% of his average monthly compensation for each year of No. As it is not a ground for the entitlement to such
service he paid contributions, but not less than P12,000 payable upon reaching 60 years of age
or upon separation, whichever comes later: 18) RETIREMENT BENEFITS

Provided: Retirement benefit shall be:

(a) That the member resigns or separates from the service (1) LUMP SUM - payable at the time of retirement plus an old-age pension benefit (equal to the basic
(b) He has rendered at least 3 years of service but less than 15 years; monthly pension payable monthly for life, starting upon expiration of the 5-year lump sum period); or
(2) CASH PAYMENT - equivalent to 18 months of his basic monthly pension plus monthly pension
• Cash payment equivalent to 18 times his basic monthly pension payable at the time of for life payable immediately with no five-year (5) guarantee.
resignation or separation,
• Old-age pension benefit equal to the basic monthly pension payable monthly for life upon Conditions for Entitlement (SECTION 13-A):
reaching the age of 60. (1) Rendered at least 15 years of service;
(2) At least 60 years of age at the time of retirement; and
Provided, That the member resigns or separates from the service after he has rendered at least 15 (3) Not receiving a monthly pension benefit from permanent total disability.
years of service and is below 60 years of age at the time of resignation or separation.
• X, 12 years of service, dismissed. Will it affect GSIS membership? May he still
14) X, has worked 15 years, and before he turned 60, he resigned. May he avail? contribute?

It depends. Qualify. He is considered an Inactive Member – someone who has been separated from
service by reason of resignation, retirement, disability or dismissal.
15) INVOLUNTARY SEPARATION BENEFITS
A member separated from the service shall continue to be a member and shall be
Unemployment benefits in the form of monthly cash payments equivalent to fifty percent (50%) of the entitled to whatever benefits he has qualified.
average monthly compensation shall be paid to a permanent employee who is involuntarily
separated from the service due to the abolition of his office or position usually resulting from • May an inactive member be allowed to avail benefits?
reorganization:
Yes. Provided that the contingency is compensable.
Provided, that he has been paying integrated contributions for at least 1 year prior to separation.
19) X is already enjoying disability benefit, filed for retirement at 60 y/o. Should GSIS grant? Not wholly
• What are the grounds – cause of dismissal – to avail of the benefits? entitled to the retirement?

Abolition of Office or Position due to Reorganization No, he is not entitled if he is receiving PERMANENT TOTAL DISABILITY BENEFITS. However, if he
is only suffering from PPD and TTD, he may be allowed.
• Minimum contributions?
20) DISABILITY BENEFITS?
Has been paying integrated contributions for at least one (1) year prior to
separation. A member who suffers permanent disability for reasons not due to his grave misconduct, notorious
negligence, habitual intoxication, or willful intention to kill himself or another, shall be entitled to the
• Effect on benefit if he receives involuntary separation benefits? benefits.

• If re-employed, what is the effect on contributions? PERMANENT DISABILITY BENEFITS (SECTION 16)

All accumulated unemployment benefits paid to the employee during his entire (a) If the permanent disability is total, he shall receive a monthly income benefit for life equal to the
membership with the GSIS shall be deducted from voluntary separation benefits. basic monthly pension effective from the date of disability:
Provided, That:
• How do you compute the creditable years of service? In case of employment if (1) he is in the service at the time of disability; or
resigned/retired prior? (2) if separated from the service, he has paid at least 36 monthly contributions within the 5-year
period immediately preceding his disability, or has paid at least 180 monthly contributions, prior to his
1 year but less than 3 years 2 months disability;
3 or more years but less than 6 years 3 months
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(3) If at the time of disability, he was in the service and has paid a total of at least 180 monthly
contributions, in addition to the monthly income benefit, he shall receive a cash payment equivalent If the disability requires more extensive treatment that lasts beyond 120 days, the payment of the
to 18 times his basic monthly pension. temporary total disability benefit may be extended by the GSIS but not to exceed 240 days.

A member cannot enjoy the monthly income benefit for permanent disability and the old-age The temporary total disability benefit shall not be less than P70.00/day.
retirement simultaneously.
NON-SCHEDULED DISABILITY (Sec. 19)
(b) If a member who suffers permanent total disability does not satisfy conditions (1) and (2), but has For injuries or illnesses resulting in a disability not listed in the schedule of partial/total disability, as
rendered at least 3 years’ service at the time of his disability, he shall be advanced the cash payment provided herein, the GSIS shall determine the nature of the disability and the corresponding benefits
equivalent to 100% of his average monthly compensation for each year of service he paid therefor.
contributions, but not less than P12,000 which should have been his separation benefit.
21) FUNERAL BENEFITS?
Unless he has reached the minimum retirement age, disability benefit shall be suspended when:
(1) he is reemployed or Shall not be less than P12,000.00 and shall be increased to at least P18,000.00 after 5 years.
(2) he recovers from disability as determined by the GSIS, whose decision shall be final and binding;
or It shall be paid upon the death of:
(3) he fails to present himself for medical examination when required by the GSIS. (a) an active member;
(b) a member who has been separated from the service, but who may be entitled to future benefit
The following disabilities shall be deemed total and permanent: pursuant to Section 4 of this Act; or
(1) complete loss of sight of both eyes; (c) a pensioner, as defined in Section 2(o) of this Act; or
(2) loss of two (2) limbs at or above the ankle or wrist; (d) a retiree who at the time of his retirement was of pensionable age under this Act but who opted to
(3) permanent complete paralysis of two (2) limbs; retire under Republic Act No. 1616.
(4) brain injury resulting in incurable imbecility or insanity; and
(5) such other cases as may be determined by the GSIS. 22) LIFE INSURANCE BENEFITS (Sec. 24)

PERMANENT PARTIAL DISABILITY BENEFITS (Sec. 17) All employees except for Members of the AFP and PNP shall be compulsorily covered with life
insurance, which shall automatically take effect as follows:
He shall receive a cash payment in accordance with a schedule of disabilities to be prescribed by the (1) for those employed after the effectivity of this Act, their insurance shall take effect on the date of
GSIS: Provided, that he satisfies either of these conditions their employment;
(1) he is in the service at the time of disability; or (2) for those whose insurance will mature after the effectivity of this Act, their insurance shall be
(2) if separated from the service, he has paid at least 36 monthly contributions within the 5-year deemed renewed on the day following the maturity or expiry date of their insurance;
period immediately preceding his disability, or has paid at least 180 monthly contributions, prior to his (3) for those without any life insurance as of the effectivity of this Act, their insurance shall take effect
disability; following said effectivity.

The following disabilities shall be deemed permanent and partial:

(1) complete and permanent loss of the use of:
(i) any finger
LIMITED PORTABILITY LAW
Law: R.A. 7699 and its IRR
(ii) any toe
(iii) one arm
(1) What is Limited Portability Law?
(iv) one hand
(v) one foot
LPL is designed for retirees who do not meet the required number of years provided under SSS Law
(vi) one leg
and GSIS Law. They may still avail themselves of retirement and other benefits.
(vii) one or both ears
(viii) hearing of one or both ears
Under this law, retirees may combine their years of service in the private sector represented by
(ix) sight of one eye
contributions to the SSS with their government service and contributions to the GSIS to satisfy the
required years of service under PD 1146 and RA 8291.
(2) such other cases as may be determined by the GSIS.
However, if retirees have already satisfied the required years of service under the GSIS/SSS
TEMPORARY DISABILITY BENEFITS (SECTION 18.)
retirement option they have chosen, they would not be allowed to incorporate their contributions to
the SSS anymore for availment of additional benefits.
Entitlement to 75% of his current daily compensation for each day or fraction thereof of temporary
disability benefit not exceeding 120 days in 1 calendar year after exhausting all his sick leave credits
In case of death, disability and old age, the periods of creditable services or contributions to the SSS
and collective bargaining agreement sick leave benefits, if any, but not earlier than the fourth day of
and GSIS shall be added to entitle retirees to receive the benefits under either PD 1146 or RA 8291.
his temporary total disability.
If qualified under RA 8291, all the benefits shall apply EXCEPT the cash payment. The Portability
CONDITIONS:
Law provides that only benefits common to both Systems (GSIS and SSS) shall be paid. Cash
(1) he is in the service at the time of his disability; or
payment is NOT included in the benefits provided by the SSS.
(2) if separated, he has rendered at least 3 years of service and has paid at least 6 monthly
contributions in the 12-month period immediately preceding his disability.
(2) What are the limitations?
A member cannot enjoy the temporary total disability benefit and sick leave pay simultaneously
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

He cannot avail of LPL: a. Can she avail the maternity leave grant under SSS although she is now a member
of the GSIS?
i. If he is eligible in any system;
ii. If such benefit is not common to both systems; YES. Provided,
iii. More than once per benefit. (1) She has paid at least three-monthly contributions within the 12-month period
immediately preceding the semester of her childbirth or miscarriage.
(3) What is portability? (2) She has given the required notification of her pregnancy to SSS through her
employer if employed; or submitted the maternity notification directly to the SSS if
It is the transfer of funds for the account and benefit of a worker who transfer from one system to separated from employment, a voluntary or self-employed member.
another.
(10) X, 61, was a Labor Arbiter. He was hired again as a consultant. Would that entitle him to the
(4) What is totalization? retirement benefits?

Refers to the process of adding up the period of creditable services or contributions under each of (11) X, 65, is a government retiree. He served for 6 years. He decided to resign, but after 3 years,
the Systems, for purposes of eligibility and computation of benefits. he re-applied for the same position. Does he have the same benefit?

(5) What are the creditable services? Yes. The last three years of service need not be continuous.

For the public sector, the following shall be considered creditable services: (12) Reckoning period for the determination of the retirement pay?
1. All previous services rendered by an official/employee pursuant to an appointment
whether permanent, provisional or temporary. Date when members have finally chosen to retire or upon choosing the compulsory retirement
2. All previous services rendered by an official/employee pursuant to a duly approved age, whichever comes first.
appointment to a position in the Civil Service with compensation or salary
3. The period during which an official/employee was on authorized sick leave of
absence without pay not exceeding one year;
4. The period during which an official or employee was out of the service as a result of
PhilHealth Law
Law: R.A. 10606 and its IRR
illegal termination of his service as finally decided by the proper authorities; and
5. All previous services with compensation or salary rendered by elective officials.
1. Who are covered in PhilHealth?
(6) How often can employee avail of the provisions of LPL?
FORMAL MEMBERS
Government Employees – whether regular, casual or contractual
Once for every benefit.
Private Employees
o Corporations, partnership, single proprietorship
(7) X worked 3 years in public, and then, he transferred to private. Upon reaching 7 years, he
o Foreign Employees
reached the age of retirement. Can he avail of the LPL?
o Foreign business hiring Filipinos, provided there is an agreement
Those who render services, whether in private or government, such as job-orders
(8) X worked in private for 6 years, then transferred to public service and served there for 8 years.
Owners of Micro-enterprises, Small, Medium, Large Enterprises
Can he apply for the benefits under the Portability Law?
Household Help
Family Drivers
Yes.
a. How much will he receive from GSIS – Only a lump sum of his retirement benefits/or
INFORMAL MEMBERS
whatever benefits correspond to his or her contribution in either or both Systems,
considering that he has only been in service for 14 years in total.
Migrant Workers
Informal Sector
b. When will totalization apply?
Self-Earning Individuals
Non-working Spouses
i. When he is not qualified in both systems;
Dual Citizens
ii. When he is not qualified in SSS
Naturalized Filipinos
iii. When he is not qualified in GSIS
Citizens of countries working and or residing in the Philippines
Indigent
(9) Ms. X, employed in the private sector for 6 years. 2 months before her childbirth, she was
Sponsored Member
appointed into public office. Can she avail of the LPL?
Lifetime Member
Retirees from GSIS
No, because totalization will only apply to benefits that are the same in both systems. These are:
Retirees/Pensioners from the Private sector
• old-age benefit Uniformed Members of AFP, PNP, BJMP, BFP
• disability Has reached the age of retirement
• survivorship
• sickness 2. Voluntary members?
• medical
Migrant Worker
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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

Working Informal Sector Members and their dependents are entitled to avail the benefits provided that these conditions are met:
Dual Citizens
Naturalized Filipino Citizen a. Paid premium contribution for at least 3 months within the 6 months prior to the first day of
Self-earning citizens availment; or,
Ex-pats b. Paid in full the required premium for the calendar year.

3. Compulsory Members? In addition, the member is not currently subject to legal penalty of suspension as provided for in
Section 44 of the Act and has paid the premium with sufficient regularity.
Senior citizens
Indigents The Corporation may issue other requirements for entitlement to benefits as it deems
Lifetime Members appropriate.

4. Who pays for the Premiums? The following need not pay the monthly contributions to be entitled to the Program’s benefits
a. Retirees and pensioners of the SSS and GSIS prior to March 4, 1995; and,
Formal Sector Equally by the employee and employer, not b. Members of PhilHealth who have reached the age of retirement as provided for by law, not
exceeding 5% of their monthly salaries gainfully employed or continuing their practice as professional and have met the required
Seasonally employed – must continue payments to premium contributions of at least 120 months.
ensure entitlement
Kasambahay Solely by the employer, 9. Does PhilHealth accept retroactive payments as contributions?
EXCEPT her salary is P5,000 above, then
proportionate share Retroactive payment of premium contributions may be allowed ONLY if members have been able to
OFW By the member, based on the household establish 9 consecutive months of premium contributions prior to the missed quarter. The said retroactive
earnings payment may be counted as qualifying contributions if paid prior to the first day of confinement.
Indigent Fully subsidized by the National Government
PWD* new law (R.A. 11228 IF FORMAL, by the national gov’t and the 10. X, contributed from January to March. The company invoked valid suspension of payment from
employers; April – June because they were experiencing financial losses. On July, he had been sick. May he
If INFORMAL, by DSWD. avail?
Sponsored
Yes, X satisfied the minimum contribution requirement.
Informal sector who do not qualify for full subsidy LGUs through cost-sharing mechanisms
Orphans, abandoned and abused minors, out-of- DSWD
11. X, is self-employed member from January to May. He was able to remit, but because of losses for 4
school youth, street children, battered woman
months, he failed to do so. Can he pay in October for the missed months?
Barangay health workers, nutrition scholars, barangay LGUs concerned
tanods Yes, he may pay retroactively because he is considered an Informal Member, provided he has met the
Un-enrolled women about to give birth Fully borne by the LGUs and/or National condition
Government
12. Is there a need for an ID? NO. Sec. 7.
FOR FORMAL SECTOR:
Yes, because it is also considered a Government ID. However, the absence of the ID card shall not
Monthly Basic Salary x 2.75 % Monthly premium prejudice the right of any member to avail of benefits or medical services under the National Health
P10,000 and below P275.00 Insurance Program (NHIP).
P10,0001 to P39,999.99 P275.02 – P1,099.99
P40,000 and above P1,100 13. Who are the dependents? (IRR)

5. Can you apply even if you are not employed? Legal spouse (non-member or membership is inactive)

Yes, even unemployed people can benefit from the PhilHealth assistance. It is voluntary. Child/ren – legitimate, legitimated, acknowledged and illegitimate (as appearing in birth certificate) adopted
or step below 21 years of age, unmarried and unemployed. Also covered are child/ren 21 years old or
6. Minimum Age Requirement? above but suffering from congenital disability, either physical or mental, or any disability acquired that
renders them totally dependent on the member for support.
None, the NHIP promotes mandatory coverage for all Filipino. However, once a legal
dependent has reached 21, he must apply for his membership. Parents (non-members or membership is inactive) who are 60 years old, including stepparents (biological
parents already deceased) and adoptive parents (with adoption papers) and those below 60 who is
7. Aliens? suffering from permanent disability

Yes, they fall under voluntary and informal. 14. Mr. X, is 40 years old, and is an employee of Y company. He has a child, no spouse and has a
mother who is 60 years old and owns a sari-sari store. His mother is not a PhilHealth member. Can
Is there a need for a reciprocal agreement? the mother be a dependent if she gets sick?

8. Required number of contributions to avail of the benefit? (Sec. 39) Yes.

• What if the mother is suffering from PTD? Can she still be a dependent?
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

Yes, confinement due to sickness or for an operation while abroad is still covered by member's
15. How about senior citizens? compensation.

Yes, including their qualified dependents. Reimbursement may be filed within a grace period of 180 days or 6 months at any PhilHealth local office
through the member's authorized representative.
Senior Citizens who are gainfully employed or who remain to have regular sources of income shall
continue to pay their premium contributions to PhilHealth under the applicable membership categories. Documents needed to claim the reimbursement are the following:

o When can they avail of the benefits? a. Fully accomplished PhilHealth Claim Form, duly signed by the member or his authorized
representative;
In hospitals with installed HCI Portal, Senior Citizens only need to present their b. Photocopy of MDR or latest receipt;
senior citizen card, MDR or any accepted proof of identity and age. The c. Medical certificate with complete diagnosis, period of confinement and services rendered;
Hospital shall print a PhilHealth Benefit Eligibility Form (PBEF). A PBEF that says (should be in English)
“YES” means that the patient is entitled to the benefits and shall serve as a basis for d. Statement of Account and/or Official Receipts with itemized charges; and other supporting
automatic deduction. documents (should be in English).

In case the hospital has no HCI portal installed, or the PBEF says “NO”, or the EXCEPTIONS:
senior citizen was not able to enroll before discharge, the following should be
attached to the usual claim documents: - Fifth and subsequent normal obstetrical deliveries
- Non-prescription drugs & devices
a. duly accomplished PhilHealth Member Registration Form (PMRF); and - Alcohol abuse or dependency treatment
b. an acceptable proof of status as a senior citizen, including but not limited to the - Cosmetic Surgery Optometric Services
Senior Citizens' Identification Card. - Cost-ineffective procedures that shall be defined by PhilHealth

o Is it necessary to present an ID? 18. If there is a difference between abroad price and local price, how do you settle? (Sec. 41)

Yes, only to show the identity and age. But not the PhilHealth ID. The benefit shall be paid in the equivalent local base rate based on Level 3 hospital category.

16. What are the benefits that can be derived? Sec. 37 • Entire price? Sec. 41(2)

Members and their dependents are entitled to the following minimum services, subject to the limitations 19. Mr. X, a member, died in a fatal car crash. His 5 dependents got injured too. Can they avail of the
specified in the Act and as may be determined by the Corporation: benefits?
a. In-patient care:
o Room and board; 20. Is the availment always through reimbursement? No automatic discounts?
o Services of health care professionals;
o Diagnostic, laboratory, and other medical examination services; But aside from filing for the reimbursement, an OFW PhilHealth member may avail his benefit through
o Use of surgical or medical equipment and facilities; outright/automatic deduction from hospital bills. During the confinement, submit the following documents to
o Prescription drugs and biologicals, subject to the limitations of the Act; and, the hospital: PhilHealth Claim Form 1 accomplished and signed by the member or its immediate family
o Health Education. member; Photocopy of MDR or latest receipt and another supporting document if the patient is not yet
reflected as dependent in the MDR.
b. Out-patient medical and surgical care:
- Services of health care professionals; 21. What are excluded?
- Diagnostic, laboratory and other medical services;
- Personal preventive services; No. It does not cover expenses for the following services:
- Prescription drugs and biologicals, subject to the limitations of the Act; and,
- Health Education. a. Non-prescription drugs and devices;
b. Alcohol abuse or dependency treatment;
c. Emergency and transfer services; c. Cosmetic surgery;
d. Optometric surgery;
d. Health Education Packages; and, e. Fifth and subsequent normal obstetrical deliveries;
f. Cost-ineffective procedure, which shall be defined by the PhilHealth
e. Such other health care services that the Corporation and the DOH shall determine to be appropriate and g. Outpatient psychotherapy and counseling for mental disorders
cost-effective. h. Home and rehabilitation services

These services and packages shall be reviewed annually to determine its financial sustainability and 22. Botox treatment? No, it is cosmetic
relevance to health innovations, with the end in view of quality assurance, increased benefits and reduced 23. Acne treatment? No, considered cosmetic
out-of-pocket expenditure. Such review shall include actuarial studies. 24. Is oral prophylaxis covered? PhilHealth only covers dental procedures done in hospitals.
25. Dentures? As of now, no.
17. Can they enjoy it for medical procedures abroad? 26. New eyeglasses? No.
27. Chemotherapy? Yes. It is one covered as Z case rate, a catastrophic illness
28. Childbirth? Yes. But only up to 4 births and miscarriages.
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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

29. Lasik treatment? No longer covered. Suspended. news reporters who are not under an employer-employee relationship;
30. Medicine? Painkillers? Only if prescribed. professional athletes, coaches, trainers and jockeys; farmers and fisherfolks;
and workers in the informal sector such as cigarette vendors, watch-your-car
boys, among others.
UNIVERSAL HEALTH CARE LAW Provided finally, that actual membership in the SSS shall not be a condition precedent for mandatory coverage in
Law: R.A. 11223
the Fund, it being sufficient that the person ought to be covered compulsorily by the SSS.
1) Who are covered? Is it the same with PhilHealth?
b. Employees who are subject to mandatory coverage by the GSIS,
Sec. 5 and Sec. 6, All Filipinos.
c. Uniformed members of the AFP, BFP, BJMP, and PNP.
2) Different categories under UHCA?
d. Filipinos employed by foreign-based employers. Coverage under the Fund shall be mandatory for Filipinos
employed by foreign-based employers whether deployed here or abroad, or a combination thereof, but whose
UHC Bill aims to simplify the groups by only having two types of membership:
respective employers are exclusively based outside of the Philippines.
contributory/formal and non-contributory/non-formal. There will be no more segmentation
based on the type of work. For instance, there is no distinction between employees in the public
Mandatory Coverage of Employers
and private sector anymore.
a. Employers of employees compulsorily covered by the SSS.
3) Are the members required to pay for premium?
b. Employers of employees subject of mandatory coverage by the GSIS.
c. The AFP, BFP, BJMP, and PNP.
All Filipino citizens are eligible for the program, though members can be either direct or indirect.
Direct membership requires the payment of health premiums, while indirect membership does
Voluntary Coverage
not and will be given to senior citizens and indigents.
Persons who are at least eighteen (18) years old but not more than sixty-five (65) years old and are not subject
4) Indigent, obliged to pay?
to mandatory coverage may be covered by the Fund on a voluntary basis
5) How do they become a member? The moment a child is birthed, she is already covered?
- Spouses who devote full time to managing the household and family affairs, unless they also
engage in another vocation or employment, which is subject to mandatory coverage.
6) Is there a provision for free medicines?
- Filipino employees of foreign government or international organization
- Employees of an employer who is granted a waiver or suspension of coverage by the Fund
- Leaders and members of religious groups;
PAG-IBIG LAW - A member separated from employment, local or abroad, or ceased to be self-employed, but
Law: R.A. 9679 and its IRR would like to continue paying his or her personal contribution.
- Public officials or employees who are not covered by the GSIS, such as Barangay Officials,
1. What is PAG-IBIG Law? Sec. 1, Rule II including Barangay Chairmen, Barangay Council Members, Chairmen of Sangguniang
Kabataan, and Barangay Secretaries and Treasurers.
Nationwide sound and viable tax-exempt mutual provident savings system suitable to the needs of the - Such other earning groups as may be determined by the Board by rules and regulations.
employed and other earning groups
a) Barangay Official? Voluntary
To motivate them to better plan and provide for their housing needs, by membership in the Home b) SK member? Voluntary
Development Mutual Fund, with mandatory contributory support of the employers in the spirit of social c) Below 18 years? Qualified? No.
justice and the pursuit of national development. d) What if the Kasambahay is just 15, is she covered?
e) What if a child actor, below 15, is he covered?
2. Members?
3. Benefits
Mandatory Coverage and Membership of Employees.
Housing loans
a. Employees who are compulsorily covered by the SSS Housing programs
Short-term loans
A Private employee, whether permanent, temporary or provisional, who is not Provident savings
over 60 years old.
A household-helper earning at least P1,000 a month. 4. Membership Term?
A Filipino seafarer upon the signing of the standard contract of employment
between the seafarer and the manning agency which, together with the Employer - first day of his business operation
foreign shipowner, act as employers. Employee - on the date of his or her employment
A self-employed person, regardless of trade, business or occupation, with an
income of at least P1,000 a month and not over 60 years old. This includes, Employees and employers who are not subject of mandatory coverage prior shall take effect on
but not limited to; self-employed professionals; business partners, single January 1, 2010, unless a different date is set by the Board by resolution
proprietors and board directors; actors, actresses, directors, scriptwriters and Employers whose coverage had been previously suspended or waived shall take effect after the
expiration of their respective suspension or waiver of coverage
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

Voluntary members, coverage shall commence on the actual date of registration 11. What is the Provident Fund?

Finally, that actual membership in the Fund shall commence only upon remittance of the initial contribution The Pag-IBIG provident savings program is a fast, easy and affordable way for a member to save for his
and not at point of registration. future needs.

5. Can a member withdraw his or her membership? The contributions that a member makes together with the employer’s counterpart are credited to his saving
called Total Accumulated Value (TAV).
Yes, there is an option to withdraw his or her Total Accumulated Value on the fifteenth (15th) year of
continuous membership. Provided, that said member has no outstanding housing loan with the Fund at the 1. A member contributing 2% of his monthly compensation doubles his savings immediately with the
time of withdrawal. addition of the employer counterpart contribution.
2. Meanwhile, a member contributing 1% of his monthly compensation triples his savings as the
This shall not be considered as a ground to terminate his membership with the Fund. The member shall employer counterpart remains at two percent. Aside from being fully guaranteed by the national
continue to be mandatorily covered by the Fund and his or her employer is mandated to continue deducting government, members’ contributions are deducted from the gross income prior to computation of the
and remitting the employee’s required contribution together with the corresponding employer’s contribution income tax.
pursuant to these Rules.
Members’ savings earn annual dividends that are also tax-free. The dividend rate varies depending on the
6. Grounds for termination of membership? Sec. 9 Rule V IRR net income of the Fund at yearend.

Shall be terminated anytime upon the occurrence of any of the following, provided that the member’s 12. Housing program requirements?
financial obligations with the Fund are first fully settled: - has made at least 24 monthly savings, or a lump sum
a. Membership Term Maturity; - Gross monthly income of P17,500
b. Death; - Not more than 65 years old, and not more than 70 years old at the time of maturity
c. Retirement; - Have legal capacity to acquire or encumber real property
d. Permanent Total Disability or Insanity; - Have good credit standing
e. Permanent departure from the country; - No PAG-IBIG housing that has been foreclosed.
f. Termination from the service by reason of health;
g. Other causes as may be provided for by the Board of Trustees 13. X, member, calamity loan, 3 months after, he applied for a housing loan, is he eligible?

Occurrences other than the above, such as resignation, lay-off or suspension from employment, shall not Yes, as long as he is updated in his payments.
constitute a ground for termination of membership. Such occurrences shall only result to suspension of
contributions. 14. Mr. C is a PAGIBIG member for 3 years. He wants to purchase a farm lot 700 sq.m. Half will be used
as his dwelling place, while the other will be used for planting crops. Can he avail of the loan?
7. When does the fund mature?
No, the housing loan is only for residential house and lots.
When Pag-IBIG contributions have been paid for at least 20 years, equivalent to 240 monthly payments. If
Pag-IBIG Overseas Program (POP) member, contributions may be claimed at the end of 5, 10, 15, or 20 15. 20M peso for a 1,500 sq.m. house-and-lot. Will it be granted?
years, depending on the option chosen during membership registration.
No, only up to 6 million pesos.
8. X, in service for 20 years, withdrew his contributions. May he still be required to apply for new
membership? • How much is the minimum loan amount?

Yes. 450,000 pesos

In the event the member after membership termination continues or subsequently places him or herself in a 16. X is a residential owner in a village near San Beda. He wants to improve his house. Should it be
situation which would subject him or herself to mandatory coverage, then the member shall continue to be granted?
mandatorily covered by the Fund and his or her employer is mandated to continue deducting and remitting
the employee’s required contribution together with the corresponding employer’s contribution pursuant to Yes.
these Rules. (Rule V, Section 9, PAG-IBIG IRR) a. What if he intends the 2 nd and 3rd floors as dormitories? May it be allowed?

9. X was suspended without pay, is that also suspension in payment? (Rule V, Sec. 9) 17. Mr. X wanted to avail the loan to repair the house of his mother. Can it be granted?

Yes. Resignation, lay-off, suspension from employment, or unemployment. ||| (Amended Guidelines on Yes.
Pag-IBIG Fund Membership Termination, HDMF Circular No. 380-17)
18. Mr. X obtained a housing loan for 10 years. On his 3 rd year, the house was destroyed due to force
10. What are the programs? majeure. He stopped the payment. Can he be prosecuted?

Housing Loan Availment It shall be considered as loan default.

a. Developer-Assisted - the developer assists the member in his/her housing loan application and
b. Retail - the member applies directly to the Fund. • Can’t they just foreclose the property?
Housing Programs
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

“Compensation” All actual remuneration for employment, including The basic pay or salary received by an employee,
Yes. For regular Pag-IBIG Housing Loans, loan default happens when the borrower or any of the mandated cost-of-living allowance, as well as pursuant to his election/appointment, excluding per
his co-borrowers fails to pay three consecutive monthly amortizations fails to pay monthly the cash value of any remuneration paid in any diems, bonuses, overtime pay, honoraria,
medium other than cash except that part of the allowances and any other emoluments received in
membership contributions fails to comply other obligations of the loan remuneration in excess of the maximum salary addition to the basic pay which are not integrated
credit as Provided under Section Eighteen of this into the basic pay under existing laws;
In the case of Pag-IBIG Rent-to-Own units, a default happens if you fail to pay three Act.
consecutive monthly rentals. Beneficiaries Primary beneficiaries Primary beneficiaries
1. The dependent spouse until he or she (a) The legal dependent spouse until he/she
If the borrower defaults on a loan, the outstanding loan, accrued interest, penalties, fees and remarries, remarries and the dependent children;
other charges become immediately due and demandable. Aside from that, Pag-IBIG also 2. the dependent legitimate, legitimated or
legally adopted, and illegitimate children,
imposes that the “unpaid monthly payments shall continue to be charged with a penalty Secondary beneficiaries-
Provided, That the dependent illegitimate (b) The dependent parents and,
equivalent to 1/20 of 1% of the amount due for every day of delay.” children shall be entitled to fifty percent (50%) (c) Subject to the restrictions on dependent
of the share of the legitimate, legitimated or
children, the legitimate descendants;
19. Is there any penal sanction? Yes. Section 1, Rule XII legally adopted children: Provided, further,
That in the absence of the dependent
Refusal or failure to register its employees, collect and remit employee contributions as well as employer legitimate, legitimated children of the
member, his/her dependent illegitimate
counterparts, or the correct amount due, will subject the employer to: children shall be entitled to one hundred
a) A fine of not less, but not more than twice the amount involved; or percent (100%) of the benefits.
b) Imprisonment of not more than 6 years; or
c) Both, in the discretion of the court. Secondary Beneficiaries
a. the dependent parents of the member.
b. In the absence of all the foregoing, any
other person designated by the
member as his/her secondary
TABLES OF COMPARISON beneficiary.
Coverage/ Compulsory: Membership in the GSIS shall be compulsory for
Table 2 - SSS v. GSIS Membership All employees, including kasambahays not all employees receiving compensation who have
over 60 years of age and their employers. not reached the compulsory retirement age (65),
Provided, any benefit being enjoyed prior this irrespective of employment status,
SSS (RA 11199) GSIS (RA 8291)
Act shall not be discontinued.
Spouses who devote full time to managing
“Employer” Any person, natural or juridical, domestic or foreign, The national government, its political subdivisions, the household and family affairs, and is not
who carries on in the Philippines any trade, branches, agencies or instrumentalities, including employed
business, industry, undertaking, or activity of any government-owned or controlled corporations, and
kind and uses the services of another person who is financial institutions with original charters, the SELF-EMPLOYED:
under his orders as regards the employment, except constitutional commissions and the judiciary. (a) Partners and single proprietors of
the Government and any of its political subdivisions, business
branches or instrumentalities, including corporations (b) Actors and Actresses, directors,
owned or controlled by the Government: Provided, scriptwriters
That a self-employed person shall be both employee (c) Professional athletes, trainers and
and employer at the same time. coaches
“Employee” Any person who performs services for an employer Any person receiving compensation while in the (d) Individual farmers and fishermen
in which either or both mental or physical efforts are service of an employer as defined herein, whether
used and who receives compensation for such by election or appointment, irrespective of status of OFW:
services, where there is an employer-employee appointment, including barangay and Sanggunian a. Land based and sea-based, under R.A. 8042
relationship: Provided, that a self-employed person officials; b. Manning agencies
shall be both employee and employer at the same c. DFA and DOLE, and its agencies involved in
time. deploying OFWs
“Dependents” (a) The legal spouse entitled by law to receive - the legitimate spouse dependent for
Voluntary:
support from the member; support upon the member or
a. Spouses who devote full time to
(b) The legitimate, legitimated or legally adopted, pensioner; managing the household and family
and illegitimate child who is unmarried, not - the legitimate, legitimated, legally affairs, but is engage in other
gainfully employed, and has not reached adopted child, including the employment
twenty-one (21) years of age, or if over illegitimate child, who is unmarried, b. Employees already separated from
twenty-one (21) years of age, he is not gainfully employed, not over the employment or those self-employed
congenitally or while still a minor has been age of majority, or is over the age of with no realized income for a given
permanently incapacitated and incapable of majority but incapacitated and month, who chose to continue with
self-support, physically or mentally; and incapable of self-support due to a contributions to maintain right to full
(c) The parent who is receiving regular support mental or physical defect acquired benefit.
from the member. prior to age of majority; and
- the parent’s dependent upon the Exclusion from Casual Employees 1) Members of the Armed Forces of the
member for support; Coverage Service performed on or in connection with Philippines and the Philippine National
an alien vessel by an employee if he is Police, BJMP and BFP
employed when such vessel is outside PH 2) Contractuals who have no employer and
Government employees employee relationship with the agencies they
Temporary employees serve.
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 LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

3) Members of the judiciary and constitutional a. If he was in the service when he died; or
commissions who shall have life insurance b. Even if separated from the service, he has
only. at least 3 years of service and has paid 36
Effective date of Employer: 1st day of operation monthly contributions within the 5 years
coverage Employee: 1st day at work immediately preceding death; or
Self-employed: Upon registration c. Even if separated from the service, he has
paid 180 monthly contributions prior to
Effect of When an employee under compulsory coverage is A member separated from the service shall
death.
Separation from separated from employment, his employer's continue to be a member, and shall be entitled to
Employment or contribution on his account and his obligation to pay whatever benefits he has qualified to in the event of
Survivorship pension plus cash payment of
Service contributions arising from that employment shall any contingency compensable under this Act.
100% average monthly compensation for
cease at the end of the month of separation, but
every year of service [essentially, pension plus
said employee shall be credited with all contributions
total contributions made]
paid on his behalf and entitled to benefits according
a. If he was in the service when he died; and
to the provisions of this Act. He may, however,
b. With 3 years of service
continue to pay the total contributions to maintain
his right to full benefit.
Cash payment equivalent to 100% average
Dispute Settlement SSC CA [Rule 43; question of law and fact] SC GSIS CA [Rule 43] SC [Rule 45]; appeal does monthly compensation for each year of
[Rule 45; question of law only] not stay execution service he paid contributions or 12,000,
Prescriptive period 20 yrs 4 yrs whichever is higher
1. With 3 years of service; and
2. He has failed to qualify in the prior
2 schemes.
Benefit Ranging from P1,000-P2,400/month 1. Survivorship pension, but only after the 5-
BENEFITS year guaranteed period.
If he has not paid the required 36 monthly 2. If the deceased member opted for the 5-
contributions, beneficiaries shall be year lump sum benefit – 60 monthly
SICKNESS BENEFITS SSS GSIS entitled to a lump sum pensions
Eligibility 1. Inability to work due to sickness • Employee must be: • Dependent child will receive 3. If the member opted for immediate
or injury, confined in a hospital or o In service at the time of 10% of the pension pension – 18 monthly basic pensions, up
at home for a period of 4 days disability; • 13th month pension every to the death of the retiree
2. Have used up all sickness leaves o If separated, he has December 4. In case the deceased member failed to
3. Employer had been notified within rendered at least 3 years of indicate in his retirement option, it shall be
5 calendar days after the sickness service; computed as if he opted for immediate
or injury • All sick leave credits including CBA pension.
sick leaves for the current year has
been used up; DISABILITY SSS GSIS
Required Number of contributions At least 3 months paid within the 12- At least 6 monthly contributions in the 12-
Permanent Total Disability 1. Complete loss of sight of both eyes; Accrues or arises when recovery from
month period immediately preceding the month period immediately prior to
2. Loss of two limbs at or above the ankle the impairment mentioned in Section
semester of sickness disability
or wrists; 2(Q) is medically remote
Limitation May not be availed of if beyond 120 Maximum of 120 days per one calendar
3. Permanent complete paralysis of two
days per year year
limbs; Sec. 2(Q) Disability — Any loss or
4. Brain injury resulting to incurable impairment of the normal functions of the
Sickness confinements is 240 days for 2
imbecility or insanity; and physical and/or mental faculty of a
consecutive years
5. Such cases as determined and member which reduces or eliminates
Amount of Benefit 90% of average salary credit 75% of the current daily compensation for
approved by the SSS. his/her capacity to continue with his/her
everyday or fraction thereof of disability
current gainful occupation or engage in
any other gainful occupation
FUNERAL BENEFITS SSS GSIS Permanent Partial Complete and permanent loss of use (1) Complete and permanent loss of the
of/Number of Months use of:
Required Number of contributions At least 1 month contribution
Benefit P20,000 – P40,000, depending on the Shall not be less than P12,000.00 and One thumb 10
member’s contributions shall be increased to at least One index finger 8 (i) Any finger
P18,000.00 after 5 years (As of 2015, One middle finger 6 (ii) Any toe
it’s P30,000) One right finger 5 (iii) One arm
One little finger 3 (iv) One hand
Who are entitled - Beneficiary (a) An active member
- Any 3rd person who spent for the (b) A member who has been separated One big toe 6 (v) One foot
funeral from the service, but who may be One hand 39 (vi) One leg
entitled to future benefit One arm 50 (vii) One or both ears
(c) a pensioner One foot 31 (viii) Hearing of one or both ears
(d) A retiree who at the time of his One leg 46 (ix) Sight of both eyes
retirement was of pensionable age One ear 10
under this Act but who opted to retire Both ears 20 (2) Such other cases as may be
under a different law. Hearing of one ear 10 determined by the GSIS
Hearing of both ears 50
Sight of one eye 25
DEATH BENEFITS SSS GSIS Required Number of contributions To qualify, pensioner must have at least Exceptions:
Eligibility At least 36 monthly contributions prior to Primary beneficiaries are entitled to only one of 1-month contribution. Grave misconduct,
the semester of death the ff: Notorious negligence, Habitual
At least 36 monthly contributions prior the intoxication, or Willful intention to kill
Survivorship pension semester of disability himself or another
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

12 months of which shall be position; and

PTD/PPD included in the 18 months 2. Employee has been paying
Employee is: preceding the termination. integrated contributions for at
1. In service at the time of disability; 3. Laid off from work due to merger, least 1 year prior to separation.
or reorganization, or bankruptcy of
2. Even if separated, he has paid at the employer. On the other hand,
least 36 monthly contributions if unemployment is voluntary—
within the 5-year period resigned from work, the SSS won’t
immediately prior to disability OR give you unemployment benefits.
has paid a total of at least 180 Duration Up to 2 months only, and claiming of 2 to 6 months, depending on the
monthly contributions prior to such shall be once every 3 years employment schedule
disability; and Benefit • Monthly pension (from P1,000) Monthly cash payments equivalent to
3. Member is not enjoying old-age • 13th month pension paid every 50% of average monthly compensation
retirement benefit. December
• Dependent’s pension (10% of the
TTD: shall be treated the same as monthly pension)
sickness benefits*
Duration Lifetime, except: If PTD/PPD – Lifetime, equal to the
MATERNITY BENEFIT SSS GSIS
o If the pensioner recovers, basic monthly pension
o Resumes employment, or Eligibility a. Has paid 3 monthly contributions in N/A
o Fails to report for annual physical If member is in service at the time of the 12-month period immediately
examination disability and he has paid at least 180 preceding the semester of her
monthly contributions, in addition to the childbirth/miscarriage
monthly income benefit, he shall receive b. Had properly notified her employer
an additional cash payment of 18 times c. For first 4 deliveries or miscarriages
basic monthly pension. Duration 60 days for regular delivery; 78 days for
Benefit 1. Monthly pension (from P1,000) caesarean
2. Dependent’s pension (10% of the Benefit 100% of the average salary credit
pension)
3. Monthly supplemental allowance SEPARATION BENEFIT SSS GSIS
(PHP 500)
4. Additional benefit (PHP 1,100, as Eligibility N/A 1. 60 years of age, or separated from
per E.O. 54) service with at least 3 years but not
5. 13th month pension paid every over 15 years served;
December 2. Below 60 yrs. of age, but at least 15
6. PhilHealth hospitalization benefits yrs. of service rendered.
Benefit 1. For 60 years of age or separated
from service with 3-15 years of
RETIREMENT SSS GSIS service: cash payment of 100% of
Eligibility 1. 120 monthly contributions; 1. 15 years service average monthly compensation for
2. 65 years old OR a member who 2. 60 years of age; and each year of service [essentially, total
has reached 60 years may also 3. Not receiving pension amount of contributions], or 12,000,
avail if he is already separated benefit from permanent total whichever is higher
from employment or has ceased disability. 2. Below 60 yrs. of age and at least
to be self-employed. 15 yrs. of service: cash payment
Note: Retirement is compulsory for equivalent to 18x monthly pension at
employees 65 years of age who have the time of resignation or separation
rendered at least 15 years of service; if plus an old-age pension benefit equal
employee has less than 15 years of to basic monthly pension.
service, he may be allowed to continue in
accordance with Civil Service laws.
LIFE INSURANCE BENEFITS - GSIS
Benefit 7. Monthly pension (from P1,000) 10. 60 x [basic monthly pension] lump COMPULSORY LIFE INSURANCE
8. 13th month pension paid every sum payment at the time of All employees except for members of the AFP and PNP. It shall automatically take effect as follows:
December retirement PLUS basic monthly • For those employed after the effectivity of this act - on the date of their employment;
9. Dependent’s pension (10% of the pension payable monthly for life • For those whose insurance will mature after the effectivity of this Act - shall be deemed renewed on
monthly pension) after expiry of the 5-yr guaranteed the day following the maturity or expiry date of their insurance;
period which is already covered by • For those without any life insurance as of the effectivity of this Act - shall take effect following said
the lump sum; OR effectivity.
11. Cash payment equivalent to 18 x
[basic monthly pension] PLUS DIVIDENDS
monthly pension for life An annual dividend may be granted to all members of the GSIS whose life insurance is in force for at least
immediately but with no 5-yr 1 year in accordance with a dividends allocation formula to be determined by the GSIS.
guarantee.
Note: subject to periodic adjustment OPTIONAL INSURANCE
A member may apply for insurance and/or pre-need coverage embracing life; health, hospitalization,
education, memorial plans, and such other plans as may be designed by the GSIS, for himself and/or his
UNEMPLOYMENT SSS GSIS dependents. Any employer may likewise apply for group insurance coverage for its employees. The
/SEPARATION insured or his employer and/or any person may make the payment of the premiums/installments for
Eligibility 1. He is not over 60 years of age 1. Employee separated from service optional insurance and pre-need products acceptable to the GSIS.
2. Has paid 36-month contribution, due to abolition of office or
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

L be declared unconstitutional. The mentioned sections of the law provide, among others, the product-
GSIS may reinsure any of its interests or part thereof with any private company or reinsurer whether sharing plan, including those engaged in livestock and poultry business.
domestic of foreign: Provided, That the GSIS shall submit an annual report on its reinsurance operations to
the Insurance Commission.
Luz Farms further argued that livestock or poultry raising is not similar with crop or tree farming.
Note: Judiciary and Constitutional Commissions are entitled to life insurance only. That the land is not the primary resource in this undertaking and represents no more than 5% of the total
investments of commercial livestock and poultry raisers. That the land is incidental but not the principal
factor or consideration in their industry. Hence, it argued that it should not be included in the coverage of
RA 6657 which covers “agricultural lands”.

AGRARIAN LAWS Issue: W/N certain provisions of RA 6657 is unconstitutional for including in its definition of “Agriculture” the
Laws: R.A. 6657 and its IRR, respective Administrative Orders livestock and poultry industry?
Cases frequently asked: Cervantes v. Miranda, Phil Veterans Bank v. CA, Rosario v. Rosario, Soriano vs.
Bravo, Luz Farms v. DAR Ruling: YES. Looking into the transcript of the Constitutional Commission on the meaning of the word
“agriculture”, it showed that the framers never intended to include livestock and poultry industry in the
1) What is Agrarian Reform? coverage of the constitutionally mandated agrarian reform program of the government. Further,
Commissioner Tadeo pointed out that the reason why they used the term “farmworkers” rather than
The redistribution of lands, redistribution of lands, regardless of crops or fruits produces to farmers and “agricultural workers” in the said law is because “agricultural workers” includes the livestock and poultry
regular farmworkers. Includes the totality of factors and support services to lift the economic status of the industry; hence, since they do not intend to include the latter, they used “farmworkers” to have distinction.
farmers who are landless. Hence, there is merit on the petitioner’s argument that the product-sharing plan applied to “corporate
farms” in the contested provisions is unreasonable for being confiscatory and violative of the due process
Includes: of law.
o Labor administration
o Profit-sharing 8) Abandoned cemetery for 10 years, can it be under CARP?
o Stock distribution
Idle or abandoned land – refers to any agricultural land not cultivated, tilled, or developed to produce any
2) Purpose? crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to
the receipt of notice of acquisition by the government as provided under this Act, but does not include land
To regulate relationships between landowner, agrarian worker, lessee, and tenant. that has become permanently or regularly devoted to non-agricultural purposes. It does not include land,
which has become unproductive by reason of force majeure or any other fortuitous event, provided that
3) When did RA 6657 take effect? June 10, 1988 prior to such event, such land was previously used for agricultural or economic purpose.
1) Is it still controlling?
2) Which are still in effect? 9) Agrarian Dispute
3) When did it expire? Only until June 30, 2014 (according to R.A. 9700)
4) What law is being implemented now? CARPER Refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or
otherwise, over lands devoted to agriculture, including disputed concerning farmworkers ́ associations or
4) Properties covered? representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or
conditions of such tenurial arrangements.
AGRICULTURAL LANDS ONLY.
Exceptions: It includes any controversy relating to compensation of lands acquired under this Act and other terms and
o Residential conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform
o Commercial beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary,
o Industrial landowner and tenant, or lessor and lessee.
o Mineral
o Forest land 10) X disputes the Notice of Coverage, is it an Agrarian Dispute?

5) What is an agricultural land? YES, because it involves the implementation of the CARP Law. (Robustum Agri Corp v. DAR)

Land devoted to agricultural activities. Those that are arable and suitable for farming. The Secretary of Agrarian Reform has the jurisdiction and authority to exempt or exclude a property from
the coverage of the agrarian reform program.
6) What is an agricultural activity?
11) What if there had been collusion between the DAR and the PARO with respect to the service of
Is the cultivation of soil, planting of crops, growing of fruit trees, harvesting of such farm products and other notice of coverage is that still an Agrarian Dispute?
farm activities and practices performed by a farmer.
No, because what is assailed in the question at hand is the collusion and not the implementation nor the
7) Luz Farms v. DAR validity of the notice of coverage. Therefore, the case will partake a civil character, which does not make it
an agrarian dispute.
Facts: On 10 June 1988, RA 6657 was approved by the President of the Philippines, which includes,
among others, the raising of livestock, poultry and swine in its coverage. Petitioner Luz Farms, a 12) Natalia Realty v. DAR (p.6)
corporation engaged in the livestock and poultry business, avers that it would be adversely affected by the
enforcement of sections 3(b), 11, 13, 16 (d), 17 and 32 of the said law. Hence, it prayed that the said law 13) Farmland – 50 HA, owned by indigenous people. Is it covered?

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It depends on w/n land is ancestral. Ancestral lands are exempt from the coverage of the agrarian reform 7. Mechanize all his farm work
program. 8. Deal with millers

14) All agricultural lands are covered by CARP? 19) OBLIGATIONS OF THE TENANT

Sec. 4 – all public and private agricultural lands, including other lands of public domain suitable for C2ANT-R
agriculture. Provided, it is 5 HA above. (a) Cultivate the land, with the diligence of a good father of a family
a) Alienable and disposable lands of public domain. Provided, reclassification is approved. (b) Care for the animals and the farm implements entrusted to him
b) Lands of public domain in excess of 5HA (c) Attend to his crops and farm during the work season
c) Land owned by Gov’t for agriculture (d) Notify the lessor of the threshing, at least 3 days before the date of harvesting
d) Private lands used for agriculture (e) Inform the lessor of any Trespassers
(f) Pay the Rental when it falls due
Not covered:
20) X and Y are spouses, owning a property covered by CARP. C, their child, owns a 5HA land. Is C still
• Private lands 5HA and below entitled to 3HA?
• Lands used for PW2R – F2-BM: Parks, Wildlife, Watersheds, Reforestation, Forest
Reserve, Fish Sanctuaries, Breeding Grounds, Mangroves (Luz Farms v. DAR) No, provided that he is a qualified child, he has already reached the ceiling.
• Private fishponds and prawn farms
• Lands directly used for National Defense, Churches, School Campuses, Penal 21) Requirements for children to be beneficiaries?
Colonies, Lands with 18% slope
1. The child is 15 years old;
15) Right of Retention 2. And is actually tilling or managing the farm

A landowner has the right to retain not more than 5 hectares of his landholdings. 22) What if X & Y have 5 children, ages 7, 8, 9, 18 and 20 respectively. What are the rules for the
beneficiary?
16) X and Y are spouses. How much are they allowed to retain?
Only those qualified. So ‘yung 18 and 20 years old lang. Provided, further, that they manage or tilling the
It depends on what property regime they have: land lang.

1. If conjugal or absolute community - the spouses may only retain 5 hectares What if Y has an illegitimate child aged 16, and actually tilling the land? Is she entitled to the
2. If separation of property – the spouses can retain 5 hectares each (a total of 10 ha) land?

17) X, landowner, 20 HA of agricultural land. Who determines? The illegitimate child is likewise entitled.

It is the landowner who determines. Or if after 60 days of receipt of Notice of Coverage, the landowner still 23) Exception to Retention limits? Sec. 6-A
hasn’t submitted his choice, a Municipal Agrarian Reform Officer (MARO) will be the one to choose.
Provincial and city municipal government units acquiring private agricultural lands by expropriation, used
What if he wants it to be the shape of a sun for public (i.e. bridges, public markets, schools, markets)

No, it must be compact and contiguous. 24) CMU v. DARAB (p.37)

What is DAR disagrees, can he insist his choice? 25) Republic v. CA (p.35)

No, although preference may be had in the choice of his landowner, his choice is not as prescribed 26) What is a commercial farm? Are they covered?
by law
Are lands devoted to:
Does the beneficiary have the choice? a) Salt beds
b) Fruit farms
The beneficiary’s choice is only limited to the decision of vacating or staying in the area. c) Orchards
d) Vegetable and cut-flower farms
18) RIGHT OF THE TENANT IF HE CHOOSES TO REMAIN IN THE RETAINED AREA e) Cacao, coffee and rubber plantations

BHI-POWER-M2 27) Who are qualified as commercial beneficiaries?

1. Buy the land in case the owner chooses to sell the same;
2. Be afforded a home lot 1) 18 years old at time of filing of application as beneficiary
3. Indemnified for the costs and expenses incurred for cultivation, in case he surrenders or 2) Willingness, aptitude and ability to cultivate and make land productive
abandons for just cause. 3) Must have been employed in commercial farm between June 15, 1988 or upon expiration of
4. Peaceful possession and enjoyment of the land deferment
5. Manage and work on the land, provided it conforms to the practices 4) Farm workers who have worked the longest on the land continuously will be given priority
6. Redeem the landholding, in case the owner sells the land without his knowledge
28) Obligations of an Agricultural Lessee?
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(d) Taking of immediate possession of land by DAR

(a) Cultivate and take care of the farm, growing crops and other improvements on the landholding as a (i) Upon receipt of payment
good father of a family and perform work in accordance with proven farm practices (ii) Upon not replying to the notice
(b) Inform agricultural lessor within a reasonable time of any trespass committed by 3rd persons upon (e) Issuance of a TCT in the Register of Deeds
farm, without prejudice to his direct action against the trespasser (f) Distribution of the land to the beneficiaries
(c) Take reasonable care of work animals and farm implements delivered to him by agricultural lessor
and see that they are not used for purposes other than those intended or used by another without the 32) Notice Requirement
knowledge and consent of the agricultural lessor 1) Effect if issue is personally issued but not posted on conspicuous places?
(d) Notify agricultural lessor at least 3 days before date of harvesting or threshing o Pay lease rental to
agricultural lessor when due 2) If posting, to newspapers?

29) Modes of acquisition? Yes, allowed.

Voluntary Land Transfer (Sec. 20) Section 12. Commencement of an Action. — After issuance of notice of coverage —
Compulsory Acquisition (Sec. 16) Commencement shall be at the DAR Municipal Office (DARMO). When the applicant/petitioner
Voluntary Offer to Sell commences the case at any other DAR once, the receiving once shall transmit the case folder
Direct Payment Scheme to the DARMO or proper DAR office in accordance with the pertinent order and/or circular
governing the subject matter. Only the real-party in interest may file a protest/opposition or
30) Under the CARPER, what are the modes of acquisition? petition to lift CARP coverage and may only do so within sixty (60) calendar days from receipt
of the notice of coverage; a protesting party who receives the notice of coverage by
VLT and Stock Distribution are not included, because such was discontinued in 2009. newspaper publication shall file his protest/opposition/petition within sixty (60) calendar
days from publication date; failure to file the same within the period shall merit outright
31) Compulsory Acquisition (Sec. 16) dismissal of the case.

1) Who determines whether the land is covered by CARP? 33) Just compensation (Sec. 17)

DAR Full and fair equivalent of the property taken from its owner by expropriator. PROMPT AND FULL.

2) Notice of Coverage 34) If landowner agreed to LBP’s offer, when will the title be transferred to the republic?

Issued for CARP-covered private agricultural lands under Compulsory Acquisition that still form After the compulsory acquisition process
part of the Land Acquisition and Distribution (LAD) CARPER Balance. Once the NOCs have
been served/issued to landowners, DAR can initiate the land acquisition and distribution 35) Remedy in case of disagreement?
process.
Submit a case to the RTC as Special Agrarian Court
3) Does the NOC need to indicate the “offer price”?
36) In determination of land value, does the beneficiary have a say?
4) Effect if not given personally to the landowner?
No, because he is not a party to the process.
Notice may still be given by posting in a conspicuous place in the barangay hall, where the land
is located. Such non-compliance shall constitute as a violation of constitutional due process. 37) Land Bank paid after 6 years. Is this just compensation?
The acquisition process shall be suspended.
38) Role of DARAB/PARAD
5) When can land be distributed to beneficiary?
They conduct the summary administrative proceeding of determining just compensation to determine if
After the compulsory acquisition process has been complied with. LBP’s land valuation is in accordance with the rules.

6) Who determines compensation? Preliminary Proceedings

PARAD – land valuation is less than 10M
The Land Bank of the Philippines RARAD – 10M – 50M
DARAB – above 50M
7) PROCEDURE
39) Factors used in valuation
(a) Identification by the DAR of the L, LO and B
(b) Notice to the landowner about the acquisition and the price, thru: (Personal notice CNI – Capitalized Net Income – land use and productivity
by mail; AND by posting in conspicuous place) CS – Comparable Sales – 70% of BIR zonal value
(c) Acceptance/Rejection by the LO, within 30 days from notice MV – Market Value – Tax Declaration
(i) If LO accepts – LBP will pay within 30 days within the execution of the TCT
(ii) If LO rejects – DAR will determine the just compensation through summary 40) Formula?
proceeding
(iii) If the LO disagrees with DAR, he may appeal to the regular courts.
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Treasury bills
ALL FACTORS PRESENT
Negotiable Instruments
Land Value = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
1) Does the landowner have a say which GFI must pay?

NO CNI 47) 30 HA – what is the mode of payment?

Land Value = (CS x 0.90) + (MV x 0.10) 30% cash, 70% financial instruments

48) So it depends on size or amount of property?

NO CS
49) Voluntary Land Transfer – the farmer beneficiary pays directly to the landowner the agreed price,
Land Value = (CNI x 0.90) + (MV x 0.10) whether in cash or in kind.

50) SEC 22. Qualified Beneficiaries

NO CNI and CS
(a) CHILDREN of tenants who are 15 years old and actually tilling the land
Land Value = MV x 2 (b) Agricultural lessees and share tenants
(c) Regular farmworkers
(d) Seasonal Farmworkers
41) MV = 4M, CNI = 50K, no CS (e) OTHER farmworkers
(f) Actual tillers of occupants of public lands
NO CS (g) Collectives of cooperatives of the above beneficiaries; and
(h) Others directly working on the land
Land Value = (CNI x 0.90) + (MV x 0.10)
= (50,000 x 0.90) + (4,000,000 x 0.10) 51) Qualifications
= 45,000 + 400,000
= 445,000 (a) Filipino citizen;
(b) Resident of the barangay or municipality where the landholding is located
(c) At least 15 years old at the time of selection
42) Reckoning point for MV? (d) Willing, able, and equipped with aptitude to cultivate and make the land productive

Value of the property at the time it was taken from owner and appropriated by government 52) Same municipality – is this absolute?

What If there was delay? When is the reckoning period? Yes, because it is a basic qualification. And not having this qualification, will count as a disqualification

At the time of full payment 53) Who are disqualified?

43) 50 ha for 100 million. May an owner insist to be paid in cash? i. Those who do not meet the basic qualifications;
ii. Waived their right to become a beneficiary
No, such payment shall be in accordance with Sec. 18, and such landowner cannot insist because it is not iii. Non-payment of an aggregate of 3 annual amortizations
provided by law. iv. Failed to exercise right of redemption within 2 years
v. Dismissed for cause
44) Sec. 18 vi. Obtained substantially equivalent employment
Payment shall be made thru: vii. Retired
viii. Those who have misused the land
I. CASH PAYMENT ix. Misrepresented fats
a. Above 50 ha – 25% cash, 75% financial instruments x. Sold, abandoned the land
b. Above 24 ha, but below 50 ha – 30% cash, 70% financial instruments xi. Conversion
c. Less than 24 ha – 35% cash, 65% financial instruments xii. Guilty of Forcible entry or unlawful detainer
o GOVERNMENT STOCKS – shares of Land Bank xiii. Violated
o TAX CREDITS – to offset tax liabilities
o LBP BONDS 54) X had 60 ha of land.
1) Redemption limits? According to Sec. 22-A, 3 HA.
45) Value of prop = 90 M, 120 ha property. How should gov’t pay?
2) 16 farmers are qualified, how is it distributed?
Above 50 ha – 25% cash, 75% financial instruments
To the regular workers first.
46) WHAT IS A GFI?

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Because the landholding is not enough to meet the 3-hectare award ceiling, the area to be Certificate of Land Ownership Award only serves as a basis for the issuance in his name of an OCT or
distributed shall be based on the actual size of tillage of the lessee or tenant. CARP only TCT. However, it is indefeasible, the same as a Torrens Title.
provides for the maximum redemption size, not the minimum.
63) Is it same with TCT? Is this sufficient to prove ownership?
3) What if they are all regular workers?
GENERALLY, they are voidable. But in a recent ruling, it said that CLOAs, EPs and other titles issued
Priority shall be given to those who have continuously worked on the subject landholding. under any agrarian reform program cannot be voided after these were recorded with the Office of the
Others who cannot be accommodated will be put on the waitlist. Registry of Deeds for a year.

4) What if beneficiary already has 1 HA? 64) Grounds for cancellation of CLOA?

Then he may only be given 2 ha more. 1) Abandonment of land

2) Neglect or Misuse of land
55) Is the transfer of land to beneficiaries automatic? 3) Failure to pay 3 annual amortizations
4) Misuse of financial and support services
No, transfer can only be made after the FULL payment to the landowner 5) Sale and transfer before the 10-year period
6) Illegal Conversion
56) Can DAR issue collective title?
65) X is a qualified beneficiary, and wants to lease the land to B. May he do so?
YES, provided these conditions are complied with. (Sec. 25):
1) Land covered is not appropriate for individual farming; Yes. What the law prohibits is the transfer of ownership, and not possession. X may lease the land to B,
2) Farm Labor system is specialized (i.e., weeding, spraying, packing) provided that it is for agricultural purpose. If it is not for an agricultural purpose, X must seek the approval
3) Beneficiaries collectively work on the land parcels of DAR.
4) Farm consists of multiple crops in an integrated manner
What if he changes the crops planted?
57) Emancipation Patent v. CLOA
Changing the crops planted is not tantamount to an illegal conversion, and is therefore,
Emancipation Patents (EPs) are provided to beneficiaries of the land reform law of 1972 while the allowable. What is prohibited is that it is devoted to a purpose other than agricultural.
Certificates of Land Ownership and Acquisition (CLOAs) are those given to beneficiaries under the 1988
agrarian reform program (CARL or RA 6657) 66) A, landowner was the one who planted the corn crops. By the time the land was transferred to B,
the qualified beneficiary, the corn was ready for harvest. Who shall be the owner of the crops?
58) Schedule of payment/Basis of monthly amortization?
The landowner retains his right over the crops not yet harvested at the time the DAR took possession of
The cost of awarded land is payable to the Land Bank (by the beneficiaries) in 30 annual amortizations with the land.
6% interest per annum
67) Is conversion a ground?
Payment starts 1 year from:
registration of CLOA; OR Yes, if it is illegal conversion
actual occupancy, after the registration of CLOA
68) Obligation of a farmer beneficiary?
59) Mr. X, religiously paying for 2 years. On the 25 th and 26th month, he got sick and wasn’t able to pay.
Will that affect his rights? Will the title revert? o Exercise due diligence in the use and maintenance of the land
o Pay the amortizations
No. He may be given a reduction on the interest because the failure to produce is not the beneficiary’s
fault. It is likewise a usufruct. 69) What is a corporate farm?

However, he may sell his rights to the land with these conditions: These are farms owned an operated by corporations and/or business associations.
- it is approved by the DAR
- it is sold ONLY to an heir of the beneficiary or any qualified beneficiary How is it distributed?
- transferee must cultivate the lands himself.
As a general rule, corporate farms are to be distributed directly to the individual
60) What if he has not paid 1 year of amortization? worker-beneficiary

It will take failure to pay 3 years of amortization to forfeit the landholding. Except if it is not economically feasible to divide the land, it shall be distributed
indirectly to the worker-beneficiaries through cooperatives. (Collective ownership)
61) When does DAR issue a CLOA?
70) Corporate farm (500 HA), has 400 beneficiaries. How shall it be distributed?
Upon the full payment of the amortization by the farmer beneficiary.
May a qualified beneficiary waive his right?
62) Nature of CLOA

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Yes, rights may be waived except: (1) when the waiver is contrary to law, public order, public policy, 79) PARCOM (PARC EXECUTIVE COMMITTEE POLICY ORDER NO. 01-97)
morals or good customs, and (2) when prejudicial to a third person with a right recognized by law
(Article 6, NCC) Provincial Agrarian Reform Coordinating Committee (PARCCOM)
o Formulates policies to ensure that support services shall be provided at all stages
What if he wants to transfer to another farm within the municipality because he will get a of the program implementation
bigger land there?
80) Support Services (Sec. 35)
Cannot be allowed, because he must be actually tilling the land
(a) Irrigation facilities
71) What is a ‘home lot’? (DAR A.O. 12-91) (b) Infrastructure Development
(c) Government Subsidies
A home lot refers to a parcel of agricultural land used by the ARB as the site of his permanent dwelling (d) Price support
including the area utilized for raising vegetables, poultry, pigs and other animals and engaging in minor (e) Financial assistance
industries. The area of the home lot may not exceed 1,000 square meters. (f) Research and development
(g) Development Cooperative management
72) When is it awarded? (h) Marketing Training
(i) Information dissemination
A beneficiary may be awarded the home lot if he actually occupies the subject of land distribution under (j) Credit Guarantee Fund
CARP, provided said home lot does not form part of the retained area of the landowner. (k) Administration of services

73) When is there collective ownership?

BENEFICIARIES (Sec. 36) LANDOWNERS (Sec. 38)
When it is not economically feasible and sound to divide the land, then it shall be distributed indirectly to -Land surveys and tillings -Investment information, financial and
the worker beneficiaries through a workers’ cooperative or association -Liberalized access to credit counseling assistance
-Social terms on agricultural credit -Facilities, programs and schemes for
74) Can they use it for business establishment? facilities the conversion or exchange of bonds
-Technology transfer issued for payment of the lands
YES. Home lot is land not exceeding 1,000 sq.m.s which the beneficiary can use as the site of his -Infrastructure, such as storage acquired with stocks and bonds issued
permanent dwelling and for raising vegetables, poultry, pigs and other animals and engaging in minor facilities and mini dams by the National Government, the BSP
industries. and other government Institutions and
instrumentalities
75) Hacienda Luisita v. PARC (p. 80 to 83) -Marketing of agrarian reform bonds
-Other services designed to utilize
76) What is PARC? productively the proceeds of the sale
of such lands for rural industrialization.
Presidential Agrarian Reform Council

CHAIRMAN: President of the PH

VICE-CHAIRPERSON: Sec. of Agrarian Reform 81) Does it always provide support services?
MEMBERS: Secretaries of DA, DENR, DBM, DILG, DPWH, DTI, DOF, DOLE,
DIRECTOR GENERAL: NEDA Yes, the government is mandated to provide these services.
PRESIDENT: LBP
ADMINISTRATOR: LRA 82) Composition of Barangay Agrarian Reform Council (BARC)

6 reps of Landowners Representatives from:

6 reps of Beneficiaries
o Farmers that are beneficiaries
20% of its members must be women o Farmers that are not beneficiaries
o Agricultural cooperatives
77) Functions and Duties (EO 229, 1987) o Farmer Organization
o Barangay Council
• Formulate and implement policies, rules and regulations necessary to implement the CARP o NGOs
• Recommend small farm economy areas; o Landowners
• Schedule the acquisition and distribution of specific agrarian reform areas; and o Land Bank
• Control mechanisms for evaluating the owner's declaration of current fair market value. o DAR official of the barangay
o DENR official of the barangay
78) What disputes does it settle? o DAR Technologist assigned to the barangay (Acting Secretary)

Those that fall under the PARC’s jurisdiction 83) Functions

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(a) Mediate between parties in an agrarian disputes;

(b) Assist in the identification of qualified beneficiaries and landowners within the barangay; Yes, the PARAD has the primary jurisdiction over agrarian disputes.
(c) Attest the accuracy of the mapping of the beneficiary's tillage;
(d) Assist qualified beneficiaries in obtaining credit from lending institutions; The jurisdiction of the Department of Agrarian Reforms is limited to the following:
(e) Assist in the initial determination of the value of the land; a) adjudication of all matters involving implementation of agrarian reform;
(f) Assist the DAR representatives in the preparation of reports on the CARP implementation b) resolution of agrarian conflicts and land-tenure related problems; and
for submission to the DAR; c) approval and disapproval of the conversion, restructuring or readjustment of agricultural
(g) Coordinate the delivery of support services to beneficiaries; and lands into residential, commercial, industrial, and other non-agricultural uses.
(h) Perform such other functions as may be assigned by the DAR
90) X approached you and asked, how would she know whether to file before DARAB or PARAD for the
The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it alienation of the property covered by CARP?
within thirty (30) days from its taking cognizance thereof. If after the lapse of the thirty day
period, it is unable to settle the dispute, it shall issue a certificate of its proceedings and shall PARAD has the specific jurisdiction over Sale, alienation, pre-emption and redemption cases.
furnish a copy thereof upon the parties within seven (7) days after the expiration of the thirty-
day period. 91) Cases which originate with PARAD?

84) Two-fold jurisdiction of DAR Rights and obligations of persons managing and cultivation agricultural lands
Preliminary administrative determination of just compensations
Essentially EXECUTIVE and pertains to the enforcement and administration of the laws, carrying them into Annulment or rescission of lease contracts or deeds of sale.
practical operation and enforcing their due observance Ejectment cases
Sale, alienation, pre-emption and redemption
JUDICIAL and involves the determination of rights and obligations of the parties. Correction, partitioning of CLOA
a) The quasi-judicial is exercised through DARAB, who has the primary Review of rentals
jurisdiction to adjudicate agrarian reform matters Collection of amortization
Power to: administer oaths, take testimonies, issue subpoenas, issue writs of execution and hold a person Boundary disputes
in contempt. Any agrarian dispute referred by the Sec. of DAR

85) Does it have appellate jurisdiction? 92) Cases which fall within RARAD?

DAR, through DARAB, have exclusive appellate jurisdiction to review, reverse, modify, alter, or affirm 1) Cases that cannot be held by the PARAD by reason of inhibition, disqualification, or when there’s no
resolutions, orders and decisions of the Agrarian Reform Adjudicators. PARAD in the locality
2) Matter of sensitivity amounting to regional interest
86) Can you file an MR? If yes, what is the remedy if you were denied? 3) Just compensation amounting to P10-P50M
4) Conduct hearing on applications for issuance of writs of PI
87) Cases that fall within the jurisdiction of DARAB
1) If an agrarian dispute is filed with the court?
1. Primary jurisdiction to determine and adjudicate agrarian reform matters; and It shall be referred to DAR
2. Appellate jurisdiction over orders and decisions of the Agrarian Reform Adjudicators
93) Restraining order or Injunction with regard to the implementation by CARP?
For DARAB to have jurisdiction over a case, there must exist a tenancy relationship
between the parties. In order for a tenancy agreement to take hold over a dispute, it No. (Sec. 55)
would be essential to establish all its indispensable elements:
94) If the complaint is for proper valuation, where shall it be filed?
1) that the parties are the landowner and the tenant or agricultural lessee;
2) that the subject matter of the relationship is an agricultural land; 95) How about a petition for exclusion of farmer-beneficiary?
3) that there is consent between the parties to the relationship;
4) that the purpose of the relationship is to bring about agricultural production; 96) Cancellation of a CLOA?
5) that there is personal cultivation on the part of the tenant or agricultural lessee;
and 97) Incarceration?
6) that the harvest is shared between the landowner and the tenant or agricultural
lessee 98) Role of Land Bank in CARP? (Sec. 65)

88) Prerequisite if you want your complaint to be under DARAB? Will it go through mediation and It is the financial arm of the CARP. They determine the just compensation.
conciliation? (Page 124)
99) Valcurza v. CA
Get a certificate from BARC, that it had gone through mediation and conciliation. Except for: (1) issues
involving the valuation of land; (2) where the party is a corporation and the issue is with regard to the 100) Cervantes v. Miranda
discharge of his duties; (3) Where the Sec. of DAR refers the matter to the DARAB; and (4) where the
MARO certifies the inability of the BARC to intervene. 101) Soriano v. Bravo

89) In an agrarian dispute, is the referral to DARAB/RARAD absolute? 102) Laguna Estates v. CA (p. 121)
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103) Rosario v. Rosario These are highly restricted because apart from the standard requirements, a project
feasibility study and environmental compliance certificate is required.
104) Jurisdiction of RTC as SAC? What is the pre-requisite before filing with the SAC?
112) Obligations of farmer-beneficiaries once conversion has been approved?
It must be designated by the DAR, otherwise it cannot hear and decide cases on (1) determination of just
compensation and (b) criminal violations of the CARL Invest 10% of the proceeds from the conversion in government securities
Pay the LBP the full price
105) Where do you appeal?
113) What if he fails to comply with these obligations?
SECTION 60. Appeals. An appeal may be taken from the decision of the Special Agrarian Courts by filing a
petition for review (Rule 43) with the Court of Appeals within fifteen (15) days from receipt of the decision; The land will continue to be under the coverage of CARP, susceptible of transfers, etc.
otherwise the decision shall become final.
114) Rights and privileges of bank/financial institutions as landowners or lienholders?
106) Conversion v. Reclassification
AS LANDOWNER
Conversion act of changing the current use of a piece of agricultural land into some other use receive all notices, advice, correspondence from the DAR, or LBP, such as Notice of Coverage,
Land Valuation
Reclassification specifying how agricultural lands shall be utilized for agricultural use such as residential, Transact with the DAR or LBP
industrial and commercial Named as recipient of all cash bonds and deposits
Receive all proceeds of subject land transfer
107) What are the kinds of conversion?
AS LIEN HOLDER
108) Can farmer beneficiary request for reclassification? At any time? • receive payment for the obligation of the mortgagor
• receive notices, advice and all other communications
No. According to Sec. 65, it must have been made (1) 5 years from its award (2) When land is no longer
economically feasible, or the area has become commercialized, (3) applied by the land owner or 115) Prohibited acts? (Sec. 73)
beneficiary (4) with notice to all other parties; (4) that the beneficiary has fully paid his obligation
Imprisonment of 3 years, 1 day to 6 years, Imprisonment of 6 years, 1 day to 12 years,
109) If I want to change planting rice to planting corn, is there conversion? and a fine of P50K to P150K, or both or a fine of P200K to P1M, or both
No, change of crops is allowed and does not need the approval of DAR. Ownership or possession of agricultural Illegal Conversion
lands in excess of the retention limits
110) Requirements for conversion? Malicious or willful prevention or obstruction
Forcible entry or Illegal Detainer by of the implementation of the CARP
Must be filed by the beneficiary or the landowner disqualified beneficiaries
Must be filed after 5 years from the award of the land. Sale, transfer of urban lands
Provided, these conditions exist: Transfer or conveyance by the beneficiary of
Land is no longer economically feasible the usufruct of the land acquired Undue delay in the compliance with the
Locality has become urbanized obligation to attest
Unjustified willful and malicious act of an
111) Can all agricultural lands be converted? officer

NO. Absolute prohibition: Undue delay or unjustified failure to submit

a) Protected areas under the NIPAS the required report
b) All irrigated lands for rice and other crop production
c) All irrigated lands within areas programmed for irrigation facility rehabilitation Plus: any other culpable neglect or willful violations of the provisions of CARL
by the Dept. of Agriculture or National Irrigation Administration
d) All irrigable lands already covered by irrigation projects with firm funding Any person who knowingly violates the provisions shall be punished by imprisonment of not
commitments as delineated by DA or NIA less than 1 month to not more than 3 years or fine of 1K to 15K, or both.
e) All agricultural lands with irrigation facilities operated by private organizations
Any person convicted shall not be entitled to any benefit provided for in any agrarian reform
Highly Restricted law or program.
1) Irrigable lands not covered by irrigation projects with firm funding commitment;
2) Agro-industrial croplands, or lands presently planted to industrial crops that support the If the offender is a corporation or association, the officer responsible therefor shall be
economic viability of existing agricultural Infrastructure and agro-based enterprises; criminally liable.
3) Highlands or areas located in elevations of 500 meters or above and have the potential
for growing semi-temperate and usually high-value crops; 116) Forcible entry – what penalty shall be imposed?
4) Lands issued with notice of land valuation and acquisition, or subject of a perfected
agreement between the landowner and the beneficiaries under the voluntary land
transfer/direct payment scheme under CARP; and
5) Environmentally critical areas as determined by the DENR
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Compiled by: Kira Jorgio

imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one • Other modes of payment as may be prescribed or approved by the Presidential Agrarian Reform
thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000.00), or both, at the Council
discretion of the court.
7. Can it be agreed to be paid in cash?
117) During 10-year period, who owns the crops?
Direct Payment to the landowner by the farmer-beneficiaries, in cash or in kind, on terms to be
mutually agreed upon by the beneficiaries and landowners and subject to the approval of the DAR
TENANT EMANCIPATION 8. Does it depend on who pays?
Law: P.D. 27
Cases asked: DAR v. Carriedo, Mateo v. DAR
Direct payment allowing stipulation of payment in cash is made to the landowner by the farmer-
beneficiaries.
1. PD. 27 v. CARP

PD 27 supplements the CARL. It applies only to private agricultural lands primarily devoted to rice
and corn under share tenancy or lease tenancy. CODE OF AGRARIAN REFORMS
Law: R.A. 3844, as amended by P.D. Nos. 251, 444, 1039, 1819, and R.A. Nos. 6389, 6657, 7907,
If the landowner has already exercised his right of retention under PD 27, he can no longer exercise 9700
the retention right under Comprehensive Agrarian Reform Law. Cases: Mateo v. DAR, Robustum v. DAR

2. Retention limits (1) Does the transfer of ownership terminate the leasehold contract?

The landowner is entitled to retain an area of not more than seven (7) hectares, if he is cultivating or (2) When is the leasehold term extinguished?
will cultivate it.
• The agricultural leasehold established under the Code of Agrarian Reforms is extinguished
Personal cultivation by the landowner is not required - cultivation can be done indirectly through labor by:
administration. i. Abandonment of the landholding without the knowledge of the agricultural
lessor
3. Type of title, is it the same with CARP? ii. Voluntary surrender of the landholding by the agricultural lessee; or
iii. Absence of the persons to succeed to the lessee, in the event of death or
Certificate of Land Transfer (CLT) does not vest upon the tenant-beneficiary ownership over the permanent incapacity of the lessee.
land. It merely qualifies the tenant-beneficiary to possess the land and comply with certain conditions
preparatory to ownership. • Persons to succeed:
a. The surviving spouse;
If the tenant-beneficiary complies with the conditions, he is issued an Emancipation patent. b. The eldest direct descendant by consanguinity; or
c. The next eldest descendant or descendant in the order
Emancipation Patent (EP) vests absolute ownership over the landholding, and it constitutes of their age
conclusive authority for the issuance of an original or transfer certificate of title in his name.
ii. Provided, that they are willing to personally cultivate the landholding
4. When will the Emancipation Patent be issued?
(3) Agricultural Lessee
When they have fully complied with the requirements.
RIGHTS OBLIGATIONS (C2-PINK)
5. Grounds for the cancellation of EP? • Possession and peaceful enjoyment Cultivate the land, take care of the
• Manage and work on the land growing crops with DOGFOAF
Abandonment of land
• Mechanize his farm work Care for the animals and the implements
Neglect of misuse of land
• Deal with millers and processors Pay the lease rental
Failure to pay 3 amortizations Inform the lessor of any trespass
Misuse of financial and support services • Have a home lot within the land
• Be indemnified for the cost and expenses Notify the lessor of the harvesting
Illegal conversion Keep his farm attended, and not to
Sale, transfer or conveyance incurred for cultivation and ½ of what was
used for improvement of the land abandon it
6. Payment of just compensation?
(4) Obligation
Any of the following modes:
• Direct Payment to the landowner by the farmer-beneficiaries, in cash or in kind, on terms to be of the ----------------------------------------------------
mutually agreed upon by the beneficiaries and landowners and subject to the approval of the DAR Agricultur
• Payment by the Land Bank with 10% payable in cash immediately and the balance payable in the al Lessor?
form of Land Bank bonds over a 10-year period, with 1/10 of the face value maturing every year until FINALS
the 10th year; and

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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

(5) Right of pre-emption?

• In case the agricultural lessor decides to sell the landholding, the agricultural lessee has
the preferential right to buy the land actually cultivated by him under reasonable terms and
conditions.
• When there are two or more lessees, each shall be entitled to said right only to the extent
of the area actually cultivated by him.
• Must be exercised within one hundred eighty days from notice in writing, which shall be
served by the owner on: ▪ All lessees; and ▪ The DAR

(6) Right of pre-emption v. Right of retention.

• If the land was sold to a third person without the knowledge of the agricultural lessee, the
latter shall have the right to redeem the same at a reasonable price and consideration to
the extent of the area actually cultivated by him.
• Filing of petition or request for redemption must be made with the DAR within one hundred
eighty (180) days from knowledge of sale.
• Knowledge of sale is by notice in writing by the vendee to all lessees affected and the DAR
upon the registration of the sale, and shall have priority over any other right of legal
redemption

AGRICULTURAL FREE PATENT REFORM ACT

Law: R.A. 11231

1. What is R.A. 11231?

Agricultural Free Patent Reform Act mandates to remove the restrictions on free patents to allow the
efficient and effective utilization of the lands.

2. What does it provide?

Agricultural Free Patent under C.A. 141 shall now be considered as title and not be subject to any
encumbrance or alienation

3. Is it the same w PD 27?

No. If anything, it repealed Secs. 118, 119 and 121 of C.A. 141.

Membership Benefits
SSS Compulsory • All employees, including kasambahays not over 60 years of age and their employers. Provided, any benefit being enjoyed prior this Act shall not be discontinued. Death
• Spouses who devote full time to managing the household and family affairs, and is not employed Dependent Pension
Funeral Benefits
• SELF-EMPLOYED: Maternity
o Partners and single proprietors of business Monthly Pensions
o Actors and Actresses, directors, scriptwriters Permanent Disability Benefit
o Professional athletes, trainers and coaches Retirement
o Individual farmers and fishermen Sickness

• OFW:
o Land based and sea-based, under R.A. 8042
o Manning agencies
o DFA and DOLE, and its agencies involved in deploying OFWs
Voluntary Spouses who devote full time to managing the household and family affairs, but is engage in other employment
Members whose employment are ceased
Filipinos with foreign employees
GSIS Covered • All government employees receiving compensation who have not reached the compulsory age of retirement. Monthly pensions
• All government personnel, whether elective or appointive, irrespective of status of appointment, provided they are receiving fixed monthly compensation and have not Separation benefits
reached the mandatory retirement age of 65 years, are compulsorily covered as members of the GSIS and shall be required to pay contributions Involuntary separation
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Compiled by: Kira Jorgio

Excluded • Members of AFP Retirement benefits

• Members of PNP Survivorship benefit
• Members of BJMP Life Insurance Benefits
• Members of BFP Funeral Benefits
• Barangay official without monthly compensation
• Contractual Employees who have no employer-employee relationship with the agencies they serve
• Members of the Judiciary
• Members of Constitutional Commissions
PhilHealth Formal • Government Employees – whether regular, casual or contractual Access to medicine
• Private Employees Hospital discounts
o Corporations, partnership, single proprietorship
o Foreign Employees
o Foreign business hiring Filipinos, provided there is an agreement
• Those who render services, whether in private or government, such as job-orders
• Owners of Micro-enterprises, Small, Medium, Large Enterprises
• Household Help
• Family Drivers
Informal • Migrant Workers
• Informal Sector
• Self-Earning Individuals
• Non-working Spouses
• Dual Citizens
• Naturalized Filipinos
• Citizens of countries working and or residing in the Philippines
• Indigent
• Sponsored Member
• Lifetime Member
o Retirees from GSIS
o Retirees/Pensioners from the Private sector
o Uniformed Members of AFP, PNP, BJMP, BFP
o Has reached the age of retirement
Compulsory • Migrant Worker
• Working Informal Sector
• Dual Citizens
• Naturalized Filipino Citizen
• Self-earning citizens
• Ex-pats
Voluntary • Senior citizens
• Indigents
• Lifetime Members
Every Filipino citizen Same with PhilHealth
Universal
Healthcare Law
PAGIBIG Mandatory • Employees who are compulsorily covered by the SSS Housing loans
o Private employee, whether permanent, temporary or provisional, who is not over 60 years old. Housing programs
o household-helper earning at least P1,000 a month. Short-term loans
o Filipino seafarer upon the signing of the standard contract of employment between the seafarer and the manning agency which, together with the foreign ship Provident savings
owner, act as employers.
o Self-employed person, regardless of trade, business or occupation, with an income of at least P1,000 a month and not over 60 years old. (self-employed
professionals; business partners, single proprietors and board directors; actors, actresses, directors, scriptwriters and news reporters who are not under an
employer-employee relationship; professional athletes, coaches, trainers and jockeys; farmers and fisherfolks; and workers in the informal sector such as
cigarette vendors, watch-your-car boys)
• Employees who are subject to mandatory coverage by the GSIS,
• Uniformed members of the AFP, BFP, BJMP, and PNP.
• Filipinos employed by foreign-based employers. Coverage under the Fund shall be mandatory for Filipinos employed by foreign-based employers whether deployed here
or abroad, or a combination thereof, but whose respective employers are exclusively based outside of the Philippines.
Voluntary Persons who are at least eighteen (18) years old but not more than sixty-five (65) years old and are not subject to mandatory coverage may be covered by the Fund on a
voluntary basis

a. Spouses who devote full time to managing the household and family affairs, unless they also engage in another vocation or employment, which is subject to
mandatory coverage.
b. Filipino employees of foreign government or international organization
c. Employees of an employer who is granted a waiver or suspension of coverage by the Fund
d. Leaders and members of religious groups;
e. A member separated from employment, local or abroad, or ceased to be self-employed, but would like to continue paying his or her personal contribution.
f. Public officials or employees who are not covered by the GSIS, such as Barangay Officials, including Barangay Chairmen, Barangay Council Members, Chairmen
of Sangguniang Kabataan, and Barangay Secretaries and Treasurers.
g. Such other earning groups as may be determined by the Board by rules and regulations.
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
Compiled by: Kira Jorgio

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