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JURISTS BAR REVIEW CENTER

2014 MOCK BAR EXAMINATIONS


LABOR LAW
07 September 2014

1 pm to 5 pm

This mock bar examination consists of 12 essay questions and 20 MCQs.


MCQs are to be answered by writing in your Examination Notebook the capital letter
(A, B, C, D) corresponding to your chosen answer. The MCQ answers should begin in the
page following the last page of your essay answers. There is only one correct answer to
every MCQ; choose the correct answer from among the offered choices. Note that some
MCQs may need careful analysis both of the questions and the choices offered. Use the
Jurists MCQ tactics and strategies in answering the MCQ portion.
Write your answers in your Bar Examination Notebook in the same order the
questions are posed. Write your answers only at the front, not the back, page of every
sheet in your Examination Notebook. In your answers, use the numbering system in the
questionnaire. If the sheets provided in your Examination Notebook are not sufficient for
your answers, use the back pages of every sheet of your Examination Notebook, starting
at the back page of the first sheet and the back of the succeeding sheets thereafter.
Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.
A mere "Yes" or "No" answer without any corresponding explanation or discussion
will not be give any credit. Thus, always briefly but fully explain your answers although the
question does not expressly ask for an explanation. At the same time, remember that a
complete explanation does not require that you volunteer information or discuss legal
doctrines that are not necessary or pertinent to the solution to the problem. You do not
need to re-write or repeat the question in your Examination Notebook.
Make sure you do not write your name or any extraneous notes or distinctive
marking/s on your Examination Notebook that can serve as an identifying mark/s (such as
names that are not in the given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the Examination
Notebook is considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the
examination.
ESSAY QUESTIONS
I
Mel Vanco is a well-known newspaper columnist. She signed a contract with PQI
Daily to write a weekly column in the Lifestyle Section of the paper. She was paid a
monthly remuneration of P311,000.00. The column had been in print for almost two years
when the paper decided to cancel the column upon the expiration of its latest contract with
Ms. Vanco. The columnist protested the discontinuance of her monthly talent fee, claiming

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that it was tantamount to her illegal dismissal from the newspaper since she has already
attained the status of a regular employee.
(a) As the newspapers legal counsel, how would you justify its decision to cancel
Ms. Vancos program which in effect terminated her services in the process?
(b) Is Ms. Vanco a regular employee?
II
A group of employees in XYZ Factory belonging to a religious sect, in conformity
with the teachings and dictates of their religion, refused to join the labor union in the
factory. The labor union was able to negotiate a substantial wage increase in its collective
bargaining agreement with the management. A provision therein stated that the wage
increase would be paid to the members of the union only in view of a closed shop union
security clause in the new agreement. The members of the sect protested and demanded
that the wage increase be extended to them. The officers of the union countered by
demanding their termination from the company pursuant to the closed shop provision in
the CBA.
a. Is the CBA provision valid?
b. Should the company comply with the unions demand of terminating the members
of the religious sect?
III
Emilio is a carpenter employed by DEF Construction Company for almost ten years.
Every time that DEF had a project, it would enter into an employment contract with Emilio
for a fixed period that coincided with the need for his services, usually for a duration of
three to six months. Since the last project involved the construction of a 10-storey building,
Emilio was contracted for 14 months. After the end of the 14 month contract, DEF did not
rehire Emilio. Alleging illegal dismissal, he filed a case with the Labor Arbiter.
a. Is the contention of Emilio correct?
b. How is a project employee distinguished from a regular employee?

IV
A.
B.
C.

Discuss the rules for rest day compensation


How much is the compensation of an employee who works on his rest day which
also fell on a regular holiday?
How much is the compensation of an employee when he works on a day with two
regular holidays?
V

The Malayang Unyon ng mga Manggagawa at Obrero (MUMO), an independent


union filed a petition for registration with the BLR. The management opposed its petition on
the ground that MUMO is a leftist organization and always espousing radical ideas. During
the pendency of the petition, a certification election was held and MUMO won the election.

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However, the management refused to bargain with MUMO and instead filed a petition for
injunction with the RTC of Manila to enjoin the union from bargaining with the
management. MUMO filed a case for damages with the Regional Trial Court contending
among others that the refusal of the management to bargain with MUMO constitutes ULP.
Identify and resolve all the issues involved in this case.

VI
As a result of bargaining deadlock between CTE Corporation and CTE Employees
Union, its members staged a strike. During the strike, several employees committed illegal
acts. CTE refused to give in to the unions demands. Eventually, its members informed the
company of their intention to return to work.
a. Can CTE Corporation refuse to admit all the strikers?
b. Assuming the company admits all the strikers, can it later on dismiss those
employees who committed illegal acts?

VII
A contractor was accused of engaging in labor-only contracting. The contractor
claimed that since it has duly registered as a contractor and has been issued a Certificate
of Registration by the Department of Labor and Employment, it cannot be accused of
engaging in prohibited labor-only contracting. Is this contention correct? Explain.
VIII
ALYANSA, a local union submitted to its employer a demand to bargain on the 60th
day of the 5th year of the CBA. The employer refused to bargain on the ground that there
is another union who is planning to file a petition for certification election. Due to the
refusal of the management to bargain, the union members went to the streets and
marched to and fro carrying streamers denouncing the employer for alleged acts of ULP.
The employer immediately dismissed all the union members and officers on the ground
that the strike staged by the union was illegal, thus the management has the ground to
dismiss the striking workers.
a) Did the union stage a strike?
b) What are the requisites of a valid strike?
c) Was the dismissal of the workers valid?
d) May the Secretary of Labor intervene and order the workers to stop their
activities and return to work?
IX
Joyce Anne is an office personnel. She was due for her performance evaluation
which is conducted every year. A rating of outstanding is rewarded with a salary increase.
She was given a below average rating in the last evaluation two periods. According to
the offices personnel policy, a third rating of below average will result in dismissal. Mr.
Manny Yakin called Joyce into his office a few days before submitting her performance

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ratings. He invited her to join him in his rest house in Tagaytay during the weekend. She
politely declined. Mr. Yakin repeated his invitation, and Joyce again declined. Mr. Yakin
then warned her to be careful because she might regret her decision. A few days later,
Joyce found that her third and last rating was poor.
Joyce then filed a complaint for sexual harassment against Mr. Yakin with the
prosecutors office. In his counter-affidavit, Yakin claimed that he never asked for any
sexual favor from Joyce in consideration of giving her an outstanding rating. He also
alleged that the complaint was premature because Joyce failed to refer the matter to the
Grievance Committee for investigation and resolution before the case against him was
filed. In her reply affidavit, Joyce claimed that there was no need for a prior referral to the
Grievance Committee since sexual harassment is a criminal offense.
a.
Was there work related sexual harassment?
b.
Assuming that the criminal case for sexual harassment was dismissed by the
prosecutor, what remedy or remedies can Joyce pursue?
X
Lucio Marinero is a seaman. He has an initial contract of 9 months. Thereafter he
was given another contract for 18 months. However, after 3 months, he was repatriated
due to the severe financial losses that the employer has suffered. Lucio then filed a case
for illegal dismissal with the Regional Arbitration Branch. The employer contended that
Lucio is only entitled to damages because the dismissal was due to a cause authorized by
law. Identify and resolve the issues involved in this case.
XI
Unicorn Security Services Inc. (USSI) is an independent contractor and security
agency which provides guards for Philippine Airlines (PAL). Because of USSIs breach of
the security service agreement, PAL terminated the same after 30-day notice. USSI as
trustee for its security guards filed an action for recovery of termination pay benefits
against PAL before the Labor Arbiter. PAL filed a motion to dismiss on the ground that
there is no employer-employee relationship between USSI and its employees on one hand
and PAL on the other. The Labor Arbiter did not rule on the motion to dismiss. Later on
the Labor Arbiter rendered a decision in favor of USSI. The Labor Arbiter stated that since
PAL is an indirect employer under Article 107 of the Labor Code, there is an employeremployee relationship between PAL and the security guards. Did the Labor Arbiter have
jurisdiction over the case?
XII
David is a managerial employee of World Health Organization (WHO). He was
dismissed due to loss of trust and confidence. Alleging illegal dismissal, he filed a case
before the NLRC. The Labor Arbiter dismissed the case on the ground that the Civil
Service Commission and not the NLRC has jurisdiction over the matter. Was the ruling of
the Arbiter correct?

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MULTIPLE CHOICE QUESTIONS


1.
A bargaining unit consisting of 120 employees had a certification election with
Unions X,Y,Z as contenders. Union X got 15 votes, union Y, 19 votes, union Z got 5 votes
while no union got 20 votes. Who won in the certification election?
A. Union Y won because it is the union who got the highest number of valid votes
B. There should be no union because it got the highest number of votes
C. There should be a runoff election between unions X and Y
D. No one won because there was a failure of election
2.
Norman was dismissed by his employer, a security agency. When he filed a case for
illegal dismissal with the Arbiter, his employer filed a motion to dismiss the case contending
among others that Norman was not able to prove by clear and convincing proof that he
was dismissed illegally. Rule on the issue.
A. The employer is correct because the one who alleges must be the one to prove
it.
B. The employer is correct because the complainant must present proof that he is
illegally dismissed
C. The employer is wrong because a motion to dismiss is a prohibited motion
D. The employer is wrong because the remedy is to settle the issue first before filing
a motion to dismiss
3.
Dr. Manang Angal just like most of the professors in the college of medicine is
teaching a load of about 12 to 15 units per semester. On his tenth year as professor he
was not given a teaching load. Dr. Angal filed a case for illegal dismissal with the Labor
Arbiter. Will he win his case?
A. No because he is not a regular employee
B. Yes, because even par time faculty members enjoy security of tenure
C. No, because part-time employees do not attain permanent status no matter how
long they have served the school.
D. Yes, because professors are performing activities which are necessary and
desirable to the business or trade of the school
4.
After the execution of the CBA, the union and the management decided not to
register it with the BLR so that they could save on the payment of the registration fee. Is
the CBA valid?
A. Yes because it was voluntarily entered into by the union and the management
B. Yes it is valid but it cannot bind a third person
C. No because registration of the CBA is a mandatory requirement.
D. No because the registration fee was not paid.
5.
This is a take it or leave it position of the employer. Due to its nature, it is prohibited
in Philippine Labor laws.
A. Boulwareism
B. Blue sky bargaining

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C. Surface bargaining
D. Unfair labor practice
6.
He is an employee who is on trial for an employer, during which the latter
determines whether or not he is qualified for permanent employment.
A. Regular employee
B. Seasonal employee
C. Project employee
D. Probationary employee
7.
It is considered in Labor Laws as the price or penalty that the employer must pay for
having illegally dismissed an employee.
A. Backwages
B. Damages
C. Payroll reinstatement
D. Attorneys fees
8.

Separation Pay ____________.


A. is the same as backwages
B. is not deductible from backwages
C. is equivalent to backwages
D. is deductible from backwages

9.
An employee whose employment has been fixed for a specific task or undertaking,
the completion or termination of which has been determined at the time of the engagement
of the employee or where the work or services to be performed is seasonal in nature and
the employment is for the duration of the season.
A. regular employee
B. seasonal employee
C. project employee
D. casual employee
10.

What is the effect of the continuous rehiring of a project based employee?


A. It will make him a casual employee
B. It will entitle him to the benefits under the CBA
C. It will make him a regular employee while the task exists
D. It will make him a regular employee

11.

Which of the following is not an act of ULP?


A. To interfere with, restrain or coerce employees in the exercise of their right to
self- organization;
B. Yellow dog contract
C. To favor a woman employee over a male employee
D. To pay negotiation or attorneys fees to the union or its officers or agents as part
of the settlement of any issue in collective bargaining or any other dispute

12.
A dismissal due to abandonment of duties is a just cause for dismissal because
_________

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A. it is one of the enumerated grounds for the dismissal of employees


B. it constitutes as an offense against the employer
C. the employer has a right to discipline his employees
D. it is similar to gross and habitual neglect of duties.
13.
A federation, national union or industry or trade union center or an independent
union shall acquire legal personality and shall be entitled to the rights and privileges
granted by law to legitimate labor organizations ________________________
A. upon issuance of the certificate of registration
B. upon payment of registration fee;
C. upon issuance of the certification that it won in the lection
D. upon showing that its members comprise at least twenty five percent (25%) of all
the employees in the bargaining unit where it seeks to operate
14.

The exercise of management prerogatives excludes _____________


A. transferring an employee
B. all aspects of employment, including hiring, work assignments, working methods,
time, place and manner of work
C. tools to be used, processes to be followed, supervision of workers, working
regulations, transfer of employees, work supervision, lay-off of workers, and the
discipline, dismissal and recall of workers.
D. disallowing a woman employee to marry while employed

15.
It is defined as improper or wrong conduct. It is the transgression of some
established and definite rule of action, a forbidden act, a dereliction of duty, willful in
character and implies wrongful intent and not mere error of judgment. It must be of such a
grave and aggravated character and not merely trivial or unimportant.
A. Misconduct
B. Negligence
C. Serious misconduct
D. Gross negligence
16.
A applied with B agency. While in the process of selection by the employer, B
charged A P10,000.00 as placement fee. What is the liability of B agency, if there is any?
A. B agency should be held liable for collection of excessive fee.
B. B agency should be held liable for misrepresentation due to the collection of
fee.
C. B agency should be held liable for non issuance of receipt.
D. B agency should be held liable for premature collection of placement fee.
17.
Fatima together with eight other workers are employed by Mr. Ong in his hardware
store. A complaint for non payment of overtime pay and night shift differential pay was
filed against Mr. Ong before the DOLE - NCR Regional Office for violation of labor
standards laws. Mr. Ong sought your advice as counsel. What would you tell him?
A. The employees are not entitled to these labor standards benefits because Mr.
Ongs hardware is just a small business undertaking.
B. Mr. Ong should pay the employees because they are entitled to these benefits
since they are rank and file employees.

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C. The employees are not entitled to these labor standards benefits because they
are employed in a retail establishment employing not more than ten workers.
D. The employees are entitled to these benefits because they are not among the
category of workers who are specifically excluded by the coverage of Book III of the
Labor Code.
18.
Can an alien who is a shareholder of a corporation engaged in the recruitment and
placement of workers be appointed as Operations Manager of the agency?
A. Yes, because a shareholder has the right to participate in the affairs of the
corporation under the Corporation Code.
B. No, because there is a need for an alien working permit to be issued by the
DOLE under the Labor Code.
C. Yes, because being the owner of a share he has the right to use and enjoy his
right.
D. No, because management of a recruitment agency is reserved only to Filipinos
under the Anti-Dummy Law.
19.
KMPP an independent union filed an application for registration with the DOLE. Its
application was denied on the merits. It hired you as counsel. Where would you appeal the
order denying the application for registration?
A. BLR and the Secretary of Labor
B. Regional Office and the BLR
C. Bureau of Labor Relations
D. Secretary of Labor
20.
Dr. Cruz just like most of the professors in the college of medicine is teaching a load
of about 12 to 15 units per semester. On his tenth year as professor he was not given a
teaching load. Dr. Cruz filed a case for illegal dismissal with the Labor Arbiter. Will he win
his case?
A. No because he is not a regular employee
B. No, because part-time employees do not attain permanent status no matter how
long they have served the school.
C. Yes, because even par time faculty members enjoy security of tenure
D. Yes, because professors are performing activities which are necessary and
desirable to the business or trade of the school.

-oOo-

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