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JURISTS BAR REVIEW CENTER

2016 LABOR LAW MOCK BAR EXAMINATION

8 October 2016 1pm to 5pm

This mock bar examination consists of 21 items in 6 pages.

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 of the first
page and the succeeding back pages as may be necessary.

Answer the 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.

Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points upon
which the question turns. It should show your knowledge and understanding of the pertinent
principles and theories of law involved. It should demonstrate your ability to apply the law to
the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from
the given premises. A mere "Yes" or "No" answer without any corresponding explanation or
discussion will not be given 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 outlines/notes you may wish/need to write during
the examination.

Giving in to the demands of various labor federations, the Regional Tripartite Wages
and Productivity Board (RTWPB) for the National Capital Region issued a Wage Order giving
an across-the-board wage increase of P25 per day for all employees in Metro Manila. Is the
Wage Order valid?

Jurists Mock Bar Examinations in Labor Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized
reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court.
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II

Mica is a call center agent at ATT & Co. Makati. She was hired as a contractual
employee three years ago. Her contracts would be for a duration of four to five months at a
time, usually after a one - month interval. Her re-hiring was contingent on her performance for
the immediately preceding contract. Five months after the expiration of her last contract, Mica
went to the Human Resources Department to inquire why she was not yet being recalled to
work. She was told that her performance during her last contract was not satisfactory. Mica
filed a case for illegal dismissal. The employer countered that she is not a regular employee
but a mere contractual employee. Is Mica a regular employee?

III

a) What is overtime? b) Who are entitled to overtime payment? c) Are seafarers


entitled to overtime pay?

IV

For humanitarian reasons, a bank hired several handicapped workers to count and
sort out currencies. Their employment contract was for five (5) months. The bank terminated
their employment on the ground that their contract has expired prompting the handicapped
workers to file with the Labor Arbiter a complaint for illegal dismissal.
a. Will their action prosper?
b. Explain the rights of disabled workers under the Magna Carta for the disabled
persons.

A group of employees in HHO 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 in the CBA 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 the
termination of their employment with 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?

VI

What is wage distortion? Explain the ways to correct wage distortion.

Jurists Mock Bar Examinations in Labor Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized
reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court.
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VII

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 employer-employee relationship
between PAL and the security guards. Did the Labor Arbiter have jurisdiction over the case?

VIII

Based on a letter from an anonymous complainant, the Secretary of the Department of


Labor and Employment ordered the inspection of Company Bisit. The officer who conducted
the inspection found out that Company Bisit had not paid the employees salaries for the past
three months. On the basis of these findings, the Secretary of Labor ordered the stoppage
of work or suspension of operations of Company Bisit, invoking the visitorial and enforcement
power under Article 128 of the Labor Code. Is the Secretarys action correct? Explain.

IX

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.
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.

Manny Yiak, a CPA-lawyer and Bank Manager conducted an orientation seminar for
newly-hired employees of the bank, among them, Miss Rosa Mariposa who at that time was
wearing a skimpy dress. After the seminar, Manny requested Rosa to stay, purportedly to
Jurists Mock Bar Examinations in Labor Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized
reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court.
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discuss some work assignment. Left alone in the training room, Manny asked Rosa for her
cell phone number and also to go out with him for dinner and ballroom dancing. Thereafter,
he persuaded her to accompany him to the mountain Tagaytay. During all these, Manny told
Rosa that most, if not all, of the lady supervisors in the bank are promoted to their positions
with high salaries and benefits because of his favorable endorsement. Did Manny commit
acts of sexual harassment in a work-related or employment environment? Reasons.

XI

Marcia, a forty-five-year-old employee has served her employer for twenty years.
Under the CBA, an employee may retire at the age of fifty-five or after completing twenty
years of service, whichever comes first. Her employer told her to retire based on the CBA
provision and already computed her retirement pay. However, Marcia rejected the offer
contending that she is too young to retire and that she would find difficulty looking for another
job should she retire at that age. Despite Marcias objection, the employer issued a check
corresponding to her retirement pay and told her to pack her things and do not report to work
anymore. Marcia filed a case for illegal dismissal. Would the case for illegal dismissal prosper
under the circumstances?

XII

Acme Corporation mortgaged its building to the Bank of the Philippine Archipelago in
order to secure a loan of P50,000,000. The building was built by Delta Builders, Inc. using
material furnished by Altis Corporation. The contract price for the construction, the price of
the materials, and the 6-months wages of the workers of Acme are all unpaid. Acme also
has unpaid income taxes owing to the BIR. Since Acme failed to pay the loan, the bank
foreclosed on the mortgage and the building was sold at the foreclosure sale for
P40,000,000 to Value Partners, Ltd. Who would have a right to the P40,000,000? Explain.

XIII

Pabla was a sales representative of Acme Marketing Corporation. She obtained loans
and cash advances from the company. Later she was dismissed for gross inefficiency.
Pabla filed an illegal dismissal case against the company with the Labor Arbiter. While the
labor case was pending, the company filed a suit with the RTC to collect the loans from
Pabla. Pabla filed a motion to dismiss for lack of jurisdiction, contending that it is the labor
arbiter which has jurisdiction over claims arising from employer-employee relations. How
should the RTC rule on the motion to dismiss?

Jurists Mock Bar Examinations in Labor Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized
reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court.
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XIV

Respondent was directly hired while on tourist status by the PNB Branch in Singapore.
She was subsequently dismissed by the head of the PNB Singapore Branch without notice
and hearing. Back in the Philippines, she filed an illegal dismissal case against the PNB with
the Regional Arbitration Branch of Quezon City where she resides. It is contended that the
RAB has no jurisdiction over the complaint since Respondent was hired in Singapore and
thus governed by Singaporean law. Does the Labor Arbiter have jurisdiction over the
complaint for illegal dismissal?

XV

The CBA between the company and the contracting union stipulated that all labor
disputes must be submitted to the grievance procedure in the CBA and thereafter to voluntary
arbitration. Alleging illegal termination of employment, Magno filed a case for illegal dismissal
with the Labor Arbiter. The employer countered that the case must be dismissed for failure of
Magno to submit his case to the grievance machinery and voluntary arbitration. If you were
the Labor Arbiter what would you do?

XVI

On orders of his supervisor Nica worked on November 1, a Saturday which was also
her rest day. If her income for eight hours is P490.00, how much would she receive for
working for that particular day?

XVII

The existing CBA between PINAGKAISAHAN Labor Union and Ultra Company is now
on its sixth year. The CBA started on October 1, 2009 and originally had a four (4)-year
period. Before the expiration of the CBA on September 30, 2013, the parties decided to
extend the term of the CBA for two (2) more years, until September 2015. The CBA
(including the extension) has been registered with the DOLE. On September 1, 2015,
NAISAHAN Union filed a Petition for Certification Election, challenging the status of
PINAGKAISAHAN as the sole and exclusive bargaining representative. Should NAISAHANs
Petition for Certification Election be entertained? Explain.

XVIII

MINI was recently organized as a local chapter of MAXI federation. MAXI issued the
charter certificate on September 9, 2015. Since the union has a membership base of more
than eighty percent of the 300 rank and file employees of the company, MINIs officers and
members are very eager to act as organized workers. They want to immediately file a
Petition for Certification Election on Monday, September 28 th, and to file a Notice of Strike for
Jurists Mock Bar Examinations in Labor Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized
reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court.
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Unfair Labor Practices, within the same week, if necessary, if the employer will initiate
harassment acts upon discovery of the unions establishment, and the filing of the Petition for
Certification Election. Can MINI legally do these actions? Explain.

XIX

XYZ Potato Corporation, owned and operated by three elderly brothers and two
sisters, has been in business for 40 years. Due to serious business losses and financial
reverses during the last five years, they decided to close the business.

a) As counsel for the corporation, what steps will you take prior to its closure?
b) Are the employees entitled to separation pay?
c) If the reason for the closure is due to the old age of the brothers and sisters, is the
closure allowed by law?

XX

Arkady is a medical representative of Wellfit Pharmaceuticals, Inc. The employment


contract he signed with Wellfit contains the following stipulation:

You agree to disclose to management any existing or future relationship you may have,
either by consanguinity or affinity, with co-employees or employees of competing drug
companies. Should it pose a possible conflict of interest in management discretion, you agree
to resign voluntarily from the Company as a matter of Company policy.

Later Arkady met and fell in love with Olga, a medical representative of Saxon Drug
Corporation, a competing drug company. Arkady disclosed the relationship and eventual
marriage to Wellfit. Wellfit, invoking the above provision, asked Arkady to resign or to have
his wife resign. Arkady refused to do so. After due proceedings, Arkady was dismissed on
the ground of conflict of interest. Was Arkadys dismissal on such ground proper? Explain.

XXI

Negotiations between Bank of the Philippine Archipelago, the Philippines largest


bank, and its union collapsed after the parties were unable to agree upon the terms of the
proposed salary increase. Reliable reports indicate that there is a great likelihood that the
union will declare a strike. Acting on such reports, the Secretary of Labor assumed
jurisdiction over the labor dispute. Did the Secretary of Labor act properly in assuming
jurisdiction over the labor dispute? Explain.

Jurists Mock Bar Examinations in Labor Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized
reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including
administrative complaints with the Office of the Bar Confidant, Supreme Court.
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