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Reviewer on Labor Standards based on 2019 Bar When is it invalid?

Syllabus - If it is done in excess of authority.


Basic Principles
Basis of Labor Law
What is Labor Standards? - Police power of the state is validly exercised if (a) the
- Part and parcel of labor Law interest of the public generally, as distinguished from
- Provides the least terms and conditions of employment those of a particular class, requires the interference of
that employers must comply with and to which the State; and, (b) the means employed are reasonably
employees are entitled to as a matter of right. necessary to the attainment of the objective sought to
be accomplished and not unduly oppressive upon
What is Labor Relations? individuals.
- defines the status, rights and duties, and the
Case of PASEI vs. Drilon
institutional mechanism that govern the individual and
-The deployment ban of female domestic workers was a proper
collective interactions, of employers, employees or their
exercise of Police Power.
representative
-No violation of equal protection clause (Female DW are more
- It is a mechanism where labor and management
vulnerable to abuses)
negotiate and adjust terms and conditions of Rights of Labor and Management
employment
Rights of Labor Rights of Management
If they agree for lower standards through their CBA, is that Due Process Hire/Select
possible? Association Prescribe Rules
- No, it is not possible because it contravenes the law. Against Slavery ROI
Contracts (CBA) which are contrary to law are void or Collectively Bargain Dismiss
inexistent. Peaceful concerted activities Expansion and Growth
Living wage Transfer
Note: Labor Standards answers the question “what” while Labor Humane Cnditions
Relations answers the question “how.”
What is Social Legislation? What is the basis of these rights?
- Social Legislation provides particular kinds of - Right to property
protection or benefits to the society or segments - Employers have the right to protect their business
thereof in furtherance of social justice.
- Labor Law is an example of Social Legislation but not How about government employees? Do they enjoy the
always the other way around. same rights? (SSS Employees Assoc. vs. CA)
- Social Legislation is much broader in concept.  Right to organize
- Humanization of laws and the equalization of social  Collectively Bargain with limit
economic forces. - Government employees has limited right to collectively
bargain because EO no. 180 provides that Collective
What is the purpose of Labor Law? Bargaining Negotiation of government employees are
- Social Justice (humanization and equalization) limited to those terms and conditions of employement
that are not fixed by law.
SOURCES:
1. Labor Code Remedies:
2. Constitution - Fixed by law: There remedy will be to petition the
3. Civil Code Congress for the betterment of terms and conditions of
4. RPC employment which are within the ambit of legislation.
5. Special Laws - Not Fixed by Law: Negotiate with the appropriate
6. Case Law agencies for the improvement of those not fixed by
7. CBA law.
8. Employment Contract  Peaceful Concerted activities (Prohibited)
9. Employer Practice Instead: If it remains to be unresolved the dispute may
be raised in the Public Sector Labor-Management
Is the labor code a general law? Council for appropriate action.
- Yes. It codified all the laws relating to labor
- Effectivity: Nov. 1 1974 General Rule: Government employees are covered by the Civil
Service Law
Does the Rule-making power of DOLE violate the non- Exception: If it is incorporated in accordance with the
delegation of power principle? Corporation Code, it shall be covered by the Labor Code.
- No it does not. Although Police power is in the Legitimacy of the exrcise of Management Prerogative
exclusive domain of the Legislature, it does not mean (Rule of Thumb)
that it cannot be delegated. The Labor Code under Art. Requisites:
5 vests the DOLE with rule-making power for the - Business necessity
enforcement of labor laws. - Implemented in GF
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- Ample communication Two-tiered test
- Control Test
Balance of Rights between Management and Labor - Economic dependence/ economic realities- WON the
worker is dependent upon such employer for his
- Test of Reasonableness – In the event there exist a continued employment in that line of business.
conflict between the management and labor, it is
resolved in the question whether or not a side has Tripartism Relationship
sufficient evidence which in the eyes of law will - State
produce no damage to both sides and beneficial in the - Employee
long term. - Employer
- Favourable Construction – This rule only involves in
cases where there exist a doubtful interpretation of Adjudication and Policy Formulation- Adequate representation
labor laws, any clear and unambiguous law shall be among the 3
interpreted as it is. In the Adjudication part, where do you find the State?
- Social Justice - “neither communism, nor despotism, - NLRC- 8 divisions, 3 Commissioners composing of
nor atomism, nor anarchy,” but the humanization of representatives from the Government, employee,
laws and the equalization of social and economic forces employer sector.
by the State so that justice in its rational and objectively
secular conception may at least be approximated.
Social justice means the promotion of the welfare of all
the people, the adoption by the Government of
measures calculated to insure economic stability of all
the competent elements of society, through the
maintenance of a proper economic and social
equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally,
through the exercise of powers underlying the existence
of all governments on the time-honored principles of
salus populi estsuprema lex. (Calalang vs. Williams)

ARTICLE 4 CONSTRUCTION IN FAVOR OF LABOR:


SOSITO CASE- While the Constitution is committed to the
policy of social justice and the protection of the working class, it
does not mean that every labor dispute will automatically be
decided in favor of labor.
PI Manufacturing- Law has no intetion for oppression. Not in all
cases that the court rules in favor of labor. If the law is clear,
interpret it as it is. No need for construction

Concept of Employer and Employee in relation to the Four-fold


test
1. Employer: Any person who selects and engages
another to render a particular service, pays for his
wages, has the power to dismiss such person’s services
and exercises control over such person not only to the
result but also to the means and methods of achieving
such result.
2. Employee: Any person who is selected and engaged by
another to perform a particular service, receives wages
from such person, may be dismissed by such person
and is under the control of the latter not only as to the
results to be achieved but also to the means and
methods of achieving such result.

Test to determine Employer-Employee Relationship


Four-Fold test
- Power to Select/Engage
- Power to dismiss
- Payment of Wages
- Control test

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PART II In case the licensed recruitment agency is required an
PRE-EMPLOYMENT ADDITIONAL ESCROW pursuant to Section 15, it
shall maintain the escrow deposit of (PhP1,000,000.00)
License vs. Authority plus the additional escrow.
License: document issued by DOLE authorizing a person In case the escrow deposit has been GARNISHED, the
or entity to operate a PRIVATE employment agency licensed recruitment agency shall replenish the escrow
Authority: document issued by DOLE authorizing a deposit within fifteen (15) days from receipt of the
person or entity to engage in recruitment and placement Notice to Replenish Escrow Deposit.
activities Failure to comply with such notice will result in the
suspension of the license of the recruitment agency.
Name Hire: Filipino workers who are able to secure Within the same fifteen (15) day period, the licensed
overseas employment without the assistance of any agency. recruitment agency may explain why it should not be
suspended for such failure to comply.
QUALIFICATIONS FOR LICENSE FOR LOCAL The Administration shall ensure compliance with the
EMPLOYMENT increased escrow deposit as provided in this Rule.
[See Implementing Rules of Book I: Local Employment
(DO No 141-14, S. 2014)] SECTION 4 PROCESSUAL PRESUMPTION THEORY or
Section 4. Qualifications - The applicant for a license to PRESUMED IDENTITY APPROACH
operate a private employment agency must possess the (EDI-Staffbuilders Int’l vs. NLRC)
following: Since the Code grants that power, it shall be presumed that
1. Filipino citizens for single proprietorship the foreign-owned corporation can sue on Philippine soil.
and
75% of the authorized capital stock is Therefore, it shall not be accorded immunity from suit
owned and controlled by Filipino citizens for (Deutsche Gesellshaft Fur Tecgnische
partnership and corporation; 
 Zudammenarveit (GTZ) vs. CA)
2. Minimum net worth of P1,000,000 in case of
single proprietorship and a
Minimum paid up IPAMS vs. De Vera
capital of P1,000,000 in case of partnership and
corporation; and 
 Although it acknowledged claims arising out of
3. Not otherwise disqualified by law or other law or contract involving Filipino workers, it does not
government rules and regulations to engage in categorically provide that foreign laws are absolutely and
the business of recruitment and placement of automatically applicable in overseas employment contracts.
workers for local employment. 
 A contract freely entered into should be respected, since a
contract is the law between the parties. The principle of
Local party autonomy in contracts is not, however, an absolute
A private employment agency for local employment principle. The rule in Article 1306, of our Civil Code is that
should have a minimum net worth of P1,000,000 in the the contracting parties may establish such stipulations as
case of single proprietorship and partnership or minimum they may deem convenient, "provided they are not
paid-up capital of P1,000,000 in the case of a contrary to law, morals, good customs, public order or
corporation. public policy." Thus, counter-balancing the principle of
Overseas autonomy of contracting parties is the equally general rule
A private recruitment or manning agency for overseas that provisions of applicable law, especially provisions
employment should have a
Minimum capitalization of relating to matters affected with public policy, are deemed
P5,000,000 in the case of single proprietorship and written into the contract.
partnership or
Minimum paid-up capital of P5,000,000 Put a little differently, the governing principle is
in the case of a corporation. that parties may not contract away
applicable provisions of law especially peremptory
ESCROW DEPOSIT provisions dealing with matters heavily
(REVISED POEA RULES AND REGULATIONS impressed with public interest. The law relating to labor
GOVERNING THE RECRUITMENT AND and employment is clearly such an area and parties are not
EMPLOYMENT OF LAND-BASED OVERSEAS at liberty to insulate themselves and their relationships
FILIPINO WORKERS OF 2016) from the impact of labor laws and regulations by simply
SECTION 17.Maintenance of Escrow Deposit. — A contracting with each other. Based on the foregoing, the
licensed recruitment agency shall maintain at all times its general rule is that Philippine laws apply even to overseas
escrow deposit in the minimum amount of employment contracts. This rule is rooted in the
(PhP1,000,000.00). constitutional provision of Section 3, Article XIII that
the State shall afford full protection to labor, whether
local or overseas. Hence, even if the OFW has his
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employment abroad, it does not strip him of his rights to placement activities, while license holders may also be held
security of tenure, humane conditions of work and a living liable for committing the acts prohibited under Section 6
wage under our Constitution. of RA 8042.
(a) To charge or accept directly or indirectly any
As an EXCEPTION, the parties may agree that amount greater than the specified in the schedule of
a foreign law shall govern the employment contract. allowable fees prescribed by the Secretary of Labor and
A synthesis of the existing laws and jurisprudence reveals Employment, or to make a worker pay any amount greater
that this exception is subject to the following than that actually received by him as a loan or advance;
REQUISITES: (b) To furnish or publish any false notice or
information or document in relation to recruitment or
1. that it is expressly stipulated in the overseas employment;
employment contract that a specific foreign law shall (c) To give any false notice, testimony,
govern; information or document or commit any act of
2. that the foreign law invoked must be proven before misrepresentation for the purpose of securing a license or
the courts pursuant to the Philippine rules on evidence; authority under the Labor Code;
3. that the foreign law stipulated in the overseas (d) To induce or attempt to induce a worker
employment contract must not be contrary to law, already employed to quit his employment in order to offer
morals, good customs, public order, or public policy of him another unless the transfer is designed to liberate a
the Philippines; and worker from oppressive terms and conditions of
4. that the overseas employment contract must be employment;
processed through the POEA. (g) To obstruct or attempt to obstruct inspection
by the Secretary of Labor and Employment or by his duly
A. Recruitment and Placement of local and migrant authorized representative;
workers (h) To fail to submit reports on the status of
- Any act of canvassing, enlisting, contracting, employment, placement vacancies, remittances of foreign
transporting, utilizing, hiring, or procuring workers and exchange earnings, separations from jobs, departures and
includes referring, contract services, promising or such other matters or information as may be required by
advertising for employment abroad, whether for profit or the Secretary of Labor and Employment;
not, when undertaken by non-licensee or non-holder of (i) To substitute or alter to the prejudice of the
authority contemplated under Article 13(f) of Presidential worker, employment contracts approved and verified by
Decree No. 442, as amended, otherwise known as the the Department of Labor and Employment from the time
Labor Code of the Philippines: Provided, That any such of actual signing thereof by the parties up to and including
non-licensee or non-holder who, in any manner, offers or the period of the expiration of the same without the
promises for a fee employment abroad to two or more approval of the Department of Labor and Employment;
persons shall be deemed so engaged. (Section 6, RA 8042, (j) For an officer or agent of a recruitment or
as amended by RA 10022) placement agency to become an officer or member of the
Board of any corporation engaged in travel agency or to be
engaged directly on indirectly in the management of a
1. Illegal Recruitment and other prohibited activities travel agency;
(k) To withhold or deny travel documents from
a. ELEMENTS: applicant workers before departure for monetary or
financial considerations other than those authorized under
(Non-Licensee) the Labor Code and its implementing rules and
regulations;
1. The offender has no valid license or authority required (1) Failure to actually deploy without valid reasons
by law to enable one to lawfully engage in recruitment and as determined by the Department of Labor and
placement of workers; and Employment; and
(m) Failure to reimburse expenses incurred by the
2. The offender undertakes either any activity within the workers in connection with his documentation and
meaning of "recruitment and placement" defined under processing for purposes of deployment, in cases where the
Article 13 (b), or any prohibited practices enumerated deployment does not actually take place without the
under Article 34 of the Labor Code. worker's fault. Illegal recruitment when committed by a
syndicate or in large scale shall be considered as offense
(Licensed) involving economic sabotage.
Illegal recruitment may be undertaken by either
non-license or license holders. Non-license holders are b. Types of Illegal Recruitment
liable by the simple act of engaging in recruitment and 1. Simple Illegal Recruitment
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-Where illegal recruitment is proved, but the the criminal intent of the accused is not necessary for
elements of “large scale” or “syndicate” are absent, the conviction, while estafa is malum in se where the criminal
accused can be convicted of “simple illegal recruitment.” intent of the accused is crucial for conviction. Conviction
-Illegal recruitment as a criminal offense must for offenses under the Labor Code does not bar
presuppose deceit or misrepresentation. It must be shown conviction for offenses punishable by other laws.
that the accused, without being duly authorized by law, -Conversely, conviction for estafa under par. 2(a)
gave the complainants a of Art. 315 of the Revised Penal Code does not bar a
-Illegal Recruitment Done with One or More conviction for illegal recruitment under the Labor Code. It
Than One Person follows that one’s acquittal of the crime of estafa will not
Any acts of mentioned in the basic rule in Art. 13 necessarily result in his acquittal of the crime of illegal
(b), done without license, will constitute recruitment and recruitment in large scale, and vice versa.
placement even if only one perspective worker is involved.
-The proviso in 13(b) was intended neither to Elements of ESTAFA
impose a condition on the basic rule nor to provide an a. The accused defrauded another by abuse of confidence
exception thereto but merely to create a presumption. The or by means of deceit; and
number of persons dealt with is not an essential element of b. That damage or prejudice capable of pecuniary
the act of recruitment and placement of workers. estimation is caused to the offended party of to a third
-Distinct Impression person.
It must be shown that the accused, without being duly -The act complained of in the instant case is
authorized by law, gave the complainants a distinct penalized under Article 315, paragraph 2(a) of the RPC,
impression that he had the power or ability to send them wherein estafa is committed by any person who shall
abroad for work, such that the latter were convinced to defraud another by false pretenses or fraudulent acts
part with their money to be employed. executed prior to or simultaneously with the commission
-Lack of Receipts of the fraud. It is committed by using fictitious name, or
Presentation of receipts acknowledging payments by pretending to possess power, influence, qualifications,
is not necessary for successful prosecutions of illegal property, credit, agency, business or imaginary
recruitment charge. Credible testimonial evidence may transactions, or by means of other similar deceits.
suffice.
The elements of estafa by means of deceit are the
2. Illegal Recruitment as Economic Sabotage following, viz.: (a) that there must be a false pretense or
fraudulent representation as to his power, influence,
Article 38 (b) of the Labor Code, as amended by PD No. qualifications, property, credit, agency, business or
2018 as well as Sec. 6 of RA No. 8042, provides that illegal imaginary transactions; (b) that such false pretense or
recruitment shall be considered an offense involving fraudulent representation was made or executed prior to or
economic sabotage if any of the following circumstances simultaneously with the commission of the fraud; (c) that
exists, namely: the offended party relied on the false pretense, fraudulent
4. When illegal recruitment is committed by a act, or fraudulent means and was induced to part with his
syndicate, i.e., if it is carried by a group of three or money or property; and (d) that, as a result thereof, the
more persons conspiring and/or confederating offended party suffered damage.
with one another; or 

5. When illegal recruitment is committed in a large PRESCRIPTION
scale, i.e., if it is committed against three or more Simple IR- 5 yrs
persons individually or as a group. 
 Economic Sabotage: 20 years
Illegal recruitment in large scale and illegal recruitment PENALTY
by a syndicate are separate or independent categories. They 1. fine
need not coincide within the same case. Where only one 2. Imprisonment
complainant filed individual complaints, there is no illegal 3. Closure
recruitment in large scale; but the conspiring recruiters can
be held guilty of illegal recruitment by a syndicate. 2. Liability of Local Recruitment Agency and foreign
Employer
c. Illegal Recruitment vs. Estafa
"The liability of the principal/employer and the
-It is settled that a person who commits illegal recruitment/placement agency for any and all claims under
recruitment may be charged and convicted separately of this section shall be joint and several.
illegal recruitment under the Labor Code and estafa under This provision shall be incorporated in the
par. 2(a) of Art. 315 of the Revised Penal Code. The contract for overseas employment and shall be a condition
offense of illegal recruitment is malum prohibitum where precedent for its approval.
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The performance bond to be filed by the -“Knowledge of the agent is deemed to be the
recruitment/placement agency, as provided by law, shall be knowledge of the principal.”
answerable for all money claims or damages that may be
awarded to the workers. 3. Termination of Contact of a migrant worker
If the recruitment/placement agency is a juridical without just and valid cause
being, the corporate officers and directors and partners as
the case may be, shall themselves be jointly and solidarily "In case of termination of overseas employment
liable with the corporation or partnership for the aforesaid without just, valid or authorized cause as defined by law or
claims and damages. contract, or any unauthorized deductions from the migrant
-Such liabilities shall continue during the entire worker's salary, the worker shall be entitled to the full
period or duration of the employment contract and shall reimbursement of his placement fee and the deductions
not be affected by any substitution, amendment or made with interest at twelve percent (12%) per annum,
modification made locally or in a foreign country of the plus his salaries for the unexpired portion of his
said contract. employment contract or for three (3) months for every
year of the unexpired term, whichever is less.
a. Solidary Liability
-A recruitment agency is solidarily liable for the 4. Ban on direct hiring
unpaid salaries of a worker it recruited for employment -As a rule, direct hiring of migrant workers is not
with a foreign principal allowed.
-Even if the recruitment agency and the foreign -The exceptions are: direct hiring by members of
principal had already severed their agency agreement at the the diplomatic organizations, international organizations,
time the worker was injured, the recruitment agency may heads of state and government officials with the rank of at
still be sued for violation of the employment contract, if least deputy minister, and such other employers as may be
no notice of the agency agreement’s termination was given allowed by the Secretary of Labor.
to the employee.
-This is pursuant to Art. 1921 of the NCC, which The reasons for the ban on direct hiring are:
states that if the agency has been entrusted for the purpose a) A worker hired directly by a foreign employer
of contracting with specified persons, its revocation shall without government intervention may not be assured of
not prejudice the latter if they were not given notice the best possible terms and conditions of employment.
thereof. b) A foreign employer must also be protected.
-The obligations in the recruitment agreement Without government intervention, a foreign employer may
entered into by and between the local agent and its foreign be entering into a contract with a Filipino who is not
principal are not coterminous with the term of such qualified to do the job.
agreement. If neither or both of the parties decide to end c) The mandatory requirement for remittance to
the agreement, the responsibilities of such parties towards the Philippines of a portion of the worker's foreign
the contracted employees under the agreement do not at exchange earnings can easily be evaded by the worker.
all end. It extends until the expiration of the employment
contracts of the employees recruited and employed
pursuant to the said recruitment agreement. B. Employment of Non-Resident Aliens
Art. 40 requires only NRA to secure employment
permits. RA are not so required.
b. DOCTRINE OF IMPUTED KNOWLEDGE FOR RA: Alien Employment Registration
Certificate
-A rule in insurance law that any information -Aliens may not be employed in certain
material to the transaction, either possessed by the agent at the nationalized business
time of the transaction or acquired by him before its completion, is XPN:
deemed to be the knowledge of the principal, at least so far a. When SOJ specifically authorizes the
as the transaction is concerned, even though in fact the employment of foreign technical personnel
knowledge is not communicated to the principal at all. b. Where the aliens are elected members of the
BOD of corporations or associations in proportion to
“The theory of imputed knowledge ascribes the their allowable participation in the capital of such agencies.
knowledge of the agent, Sunace, to the principal, employer
Xiong, not the other way around.
The knowledge of the principal-foreign employer cannot, IMPORTANT CASES:
therefore, be imputed to its agent Sunace.” BASIC PRINCIPLES
(Sunace Int’l Mgmt Services vs. NLRC, G.R. No. 161757) 1. Maternity Children’s Hospital vs Sec. of Labor

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-ECOLA, Regional Director jurisdiction on labor -“Likewise, contrary to Rayala’s claim, it is not essential
standards that the demand request or requirement be made as a
-“Labor standards refer to the minimum requirements condition for continued employment or for promotion to
prescribed by existing laws, rules, and regulations relating a higher position. It is enough that the respondents acts
to wages, hours of work, cost of living allowance and other result in creating an intimidating, hostile or offensive
monetary and welfare benefits, including occupational, environment for the employee.”
safety and health standards”
9. Aquino vs Acosta
2. P.I. Manufacturing vs. P.I. Manufacturing Union -Sexual harassment CTA
-CBA, RA 6640 resulting wage increase, wage distortion -“In all the incidents complained of, the respondent’s
cured by CBA pecks on the cheeks of complainant should be understood
-The law has no intention for oppression. Not in all cases in the context of having been done on the occasion of
that the court rules in favor of labor. some festivities, and not in the assertion of the latter that
she was singled out by Judge Acosta in his kissing
3. Philippine Association of Service Exporters (PASEI) vs Drilon escapades. The busses on her cheeks were simply friendly
-The deployment ban of female domestic workers was a and innocent, bereft of malice and lewd design.”
proper exercise of police power. There was no violation of
the equal protection clause and the right to travel. 10. Star Paper Corp. vs Simbol
-Prohibition against marriage between employees under
4. Sosito vs Aguinaldo Development Corporation Art. 136 of LC
-Retrenchment program, Indefinite leave, Not in active -“There must be a compelling business necessity for which
service, no separation pay, best of both worlds no alternative exists other than the discriminatory
-“While the Constitution is committed to the policy of practice.”
social justice and the protection of the working class, it -Standard of reasonableness parallel to the bona fide
should not be supposed that every labor dispute will be occupational qualification requirement
automatically decided in favor of labor. Management also
has its own rights which, as such, are entitled to respect 11. Duncan Association vs Glaxo
and enforcement in the interest of simple and fair play.” -Same prohibition against marriage with employees from
other rival companies but with reason of protecting trade
5. Mendoza vs Rural Bank of Lucban secrets.
-Valid exercise of management prerogative to reshuffle -Court upheld it was a valid exercise of management
employees provided there is a legitimate business interest. prerogative for its reasonableness of protecting its trade
-“In the pursuit of its legitimate business interest, secrets.
management has the prerogative to transfer or assign
employees from one office or area of operation to another 12. Chua-Qua vs Clave
– provided there is no demotion in rank or diminution of -Teacher fell inlove with grade 6 student and was
salary, benefits, and other privileges; and the action is not dismissed despite their marriage
motivated by discrimination, made in bad faith, or effected -Court ruled on illegality of dismissal since “the heart has
as a form of punishment or demotion without sufficient reasons which reason does not know”
cause.”
13. Leus vs St Scholastica’s College
6. China Banking Corporation vs Borromeo -Teacher dismissed for pregnancy
-Bank Manager to Assistant VP who made fictitious loans, -Court ruled in favor of teacher for absence of legitimate
withheld half of separation benefits because of Borromeo, grounds of dismissal. Morality is not based on religion but
violate company rules on moral standards independent from religion.
“Moreover, management has the prerogative to discipline
its employees and to impose appropriate penalties on 14. St. Martin Funeral Home vs NLRC
erring workers pursuant to company rules and -Appropriate appellate prodecure
Labor Arbiter ->
regulations.” NLRC -> CA ->SC via Rule 65
“While we do not wish to intrude into the Congressional
7. SSS Employees vs CA sphere on the matter of the wisdom of a law, on this score
-No right to strike, detrimental to public service, remedy is we add the further observations that there is a growing
with Congress and not CBA number of labor cases being elevated to this Court which,
not being a trier of fact, has at times been constrained to
8. Domingo vs Rayala remand the case to the NLRC for resolution of unclear or
-NLRC Chairman sexual harassment ambiguous factual findings; that the Court of Appeals is
procedurally equipped for that purpose, aside from the
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increased number of its component divisions; and that -Doctrine of forum non conveniens
there is undeniably an imperative need for expeditious "We note that the main aspects of the case transpired in
action on labor cases as a major aspect of constitutional two foreign jurisdictions and the case involves purely
protection to labor. foreign elements. The only link that the Philippines has
Therefore, all references in the amended Section 9 of B.P. with the case is that respondent Santos is a Filipino citizen.
No. 129 to supposed appeals from the NLRC to the The Palace Hotel and MHICL are foreign corporations.
Supreme Court are interpreted and hereby declared to Not all cases involving our citizens can be tried here.
mean and refer to petitions for certiorari under Rule 65. Under the rule of forum non conveniens, a Philippine court or
Consequently, all such petitions should hence forth be agency may assume jurisdiction over the case if it chooses
initially filed in the Court of Appeals in strict observance to do so provided: (1) that the Philippine court is one to
of the doctrine on the hierarchy of courts as the which the parties may conveniently resort to; (2) that the
appropriate forum for the relief desired.” Philippine court is in a position to make an intelligent
decision as to the law and the facts; and (3) that the
Philippine court has or is likely to have power to enforce
its decision. The conditions are unavailing in the case at
RECRUITMENT AND PLACEMENT bar."
1. Serrano vs Gallant Maritime Services 6. People vs Hernandez
-Part of Sec10 of RA 8042 was declared unconstitutional a) One complainant in several information cannot
for being violative of the equal protection clause of OFWs. constitute illegal recruitment in large scale because the law
-Sec. 10 gave the agency the option to pay either: (a) the requires that there be three or more victims in one
unexpired potion of the service contract; or (b) 3 months information. However, they can be convicted of illegal
of pay for every year served, whichever is less. recruitment in large scale assuming there are 3 or more
-SC removed the 3 month option. conspirators.
b) A person convicted of illegal recruitment can also be
2. Sameer Overseas vs Cabiles convicted of estafa, provided that the elements of estafa
a) Lex Loci Celebrationis (law of the country where the are present. Illegal recruitment is mala prohibita while
contract is made) applies. Since the contract was executed estafa is mala in se.
in the Philippines, Philippine laws apply.
b) Congress reenacted the portion which was declared 7. People vs Panis
unconstitutional in Serrano vs Gallant. It was again -Accused contended that he cannot be convicted of illegal
declared unconstitutional. recruitment since the law states that for illegal recruitment
c) Interest rate for full reimbursement fee is 12% because to exist, the job promise or offer for a fee must be made
law says to but unexpired portion of service contract is at by two or more persons.
6% pursuant to C.B. Circular No. 799. -The phrase "shall be deemed" in Art. 13(b) create the
presumption of recruitment and placement. The number
3. Sunace vs NLRC of people dealt with are immaterial.
-Theory of imputed knowledge - knowledge of the agent is
also knowledge of the principal. It does not apply the other
way around.

4. IPAMS vs De Vera
-Doctrine of Processual Presumption
-Can IPAMS seek refuge if it spontaneously invoked
foreign law in Philippine courts? No.
Requisites:
1. That it is expressly stipulated in the overseas
employment contract that a specific foreign law shall
govern;
2. That the foreign law invoked must be proven before the
courts pursuant to the Philippine rules on evidence;
3. That the foreign law stipulated must not be contrary to
law, morals, good customs, public order, or public policy
of the Philippines;
4. That the overseas employment contract must be
processed through the POEA

5. Manila Hotel vs NLRC


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