1.

Narciso retirement benefits

2. Nayon federation

a. Motion should not be granted. Once a charter certificate is issued by a Federation, it vests
legal personality to the chartered local union but only for the purpose of conducting a
petition for certification election. The motion filed by the employer is not tenuous.

b. It should not be granted. Union registration can only be cancelled on 3 grounds provided by
law. Chartering another local rand and file union is not of the grounds in the law, which
jurisprudence settled as exclusive.

3. Nini and Nono

a. Yes. Although they may not join the rank and file, they can join, form or assist a supervisory
union of their own.

b. Yes, the labor code now allows supervisory employees and rank and file employees of the
same establishment to be members of the same federation or national union.

4. Nicanor

a. NLRC can have jurisdiction over the case, provided it is a pure money and there is no claim
for reinstatement, and for so long as it is within the jurisdictional amount cognizable by the
NLRC through Regional Director or the Arbitration branch as the case maybe

Here, there is no demand for reinstatement as the laborer already died. So she can set up a
claim against Arbitration branch if money claim exceeds 5,000 pesos, or with the Regional
director if it is 5,000 below.

b. Action has not prescribed. The 4 year prescription for illegal dismissal cases will not apply
because employer made a promise to pay after a specified future time. That promise
partakes of a nature of a nature of undertaking or a contract which should be enforced as
the law between the parties. Company cannot renege on its obligation. Company is
estopped in invoking the prescriptive period on equitable grounds.
 c. NLRC can award money claims. It is one of its powers. It can even award damages as well as
attorneys’ fees.

Damages in the civil code may be awarded

5. Nagrab Corporation

a. Nagrab is not correct. Strictly what happened here is an acquisition. There was no mention
that they merged. Nevertheless, they stipulated the the employees of the acquired
corporation will be absorbed by the acquiring corporation. For purposes of enforcing the
union shop clause, they are treated as new employees and therefore would have to
automatically be members of the existing union

It is not the provisions on effects of merger in corporation law will strictly apply, but the
provisions of the labor code.

b. Yes, if he is a religious objector or a traditional conscientious objector.

Otherwise, she cannot refuse to join because it was made pre-requisite of employment. A
union shop clause requires automatic membership in the union upon attaining regular
status. My advice for the HR manager of NAGRAB is to determine first the cause or reason
for the refusal of newly regularized employee to join the union, and act accordingly.

6. Natasha

a. As a matter of procedure, interpretation in the implementation of the CBA may be referred

to a grievance machinery, and thereafter to a voluntary arbitrator, if there is failure to
resolve within 7 days.

But such rule applies only when union still exists and they are dealing with the company. In
this problem, the one invoking it are retrenched employees. There is no more union dealing
with the management, and therefore it is the humble submission of the examinee that the
remedy of grievance machinery as well as voluntary arbitration will no longer be available.
 b. Yes, because separation pay and retirement pay are not incompatible with each other.
Absent an express or implied prohibition, they can be collected. This is also in view of social
justice policy in labor. To doubt, is to sustain in favor of labor rights.

Yes, because they arise from different source of obligation. Separation pay is given expressly
by law to a retrenched employee like in this case. Retirement pay, if they are eligible,
considering their age and years of service, can get it. These two (separation pay and
retirement pay) are not inconsistent claims.

7. No. the minimum wage should be left unaffected by any agreement diminishing it, because that
is a stipulation against the law. It is void for being against public policy.

Besides, it was not shown that such deduction was validly agreed upon. As a requirement, it
must be in writing, voluntarily and knowingly consented to by the employee, and finally it must
not be against the law or public policy.

**
Requirements of facilities before it may be deducted: it is in writing, voluntarily accepted by the
employee, charge is fair and reasonable, it is customarily furnished by the trade

8. For her work done in a Good Friday which is only one hour she is entitled to get 70 pesos times
200%.

But this presumes that she was present the day before the Good Friday, otherwise she will not
be entitled to the holiday. But in that situation, she is still entitled to received 100% of the her
pay for the hour she worked.

9. Union votes
a. No. Although majority voted of the appropriate bargaining unit validly cast their votes,
Union Nana did not receive majority vote of those who validly casted their votes

b. The next course of action is to open the said envelope, if the number of segregated votes will
materially alter the results of the election

The question of eligibility shall be passed upon by the Mediator-Arbiter.

10. Productivity allowance
a. It should not be included in the 13th month pay of Nico. Here, the giving of that bonus is not
linked or tied up with his performance. It is gratuitous on the part of employer. It is in the
similar to profit sharing agreement.

Hence, it cannot form part of his salary for purposes of computing his 13th month pay.

11. He is correct. It appears that there is no compliance with a valid service agreement as provided
by law.

Besides, legitimate labor contracting cannot be presumed. It has to be proven. Failure to comply with the
requirement makes the service or contracting agreement invalid. Purposes of enforcing liability in illegal
dismissal case, the principal who procured the service will be deemed the employer.

12. Yes, because the cause of his death is work related. An AFP is considered in active service 24
hours a day. Unless he took a vacation leave, he is deemed to be in service. Thus any death that
may result while he is in active service is compensable.

Besides, here, it was because of a direct order of his superior that he and his companion
proceeded to the designated place. He died while going to that place, and it was his companion
which accidental caused his death. In other words, he was following an order. He was in the line
of work. His death should be deemed compensable.

Neither of them is entitled to the death benefits. The legal spouse while the true spouse is not
living with the claimant at the time of his death. The other woman was not a legal spouse.

The beneficiary here will be the children, who must be married, gainfully employed, or over 21
years. He can be over 21 years of age but incapable of supporting himself because of some
physical or mental defect

13. No, he is not. He is a seafarer. A seafarer is a contractual employee, not a regular employee.

It is their contract with employer which governs and the provisions of the POEA Employment
Contract which is deemed part of every overseas employment contract.
 In case principal cannot or will not pay medical or disability benefits, the law holds the agent
principally and solidarily liable

14. No, he cannot claim. He did not submit himself to a post employment medical examination by a
company designated physician upon his return. It was not shown that he was physically
incapacitated to do that. This is a mandatory requirement. Non-compliance will forfeit his right
to claim from medical or disability benefits

15. XIV - 2018 bar exam

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