Labor Law I

Philippine Telegraph and Telephone Company vs. NLRC - concentrated carcinoma of the breast with me stases to the gastro-
intestinal tract and lungs
Grace De Guzman (PET) which caused her death on oct. 5, 1978

- Filed Claim death benefits to the GSIS.

- Employed by REP. as a reliever for a fix period
( 1990 – 1991) GSIS - Denied claim

- For Several times was to be reliever on the same basis

- Disease of the decedent is not an occupational disease, nor the increased
of contracting the same
Increased by her working conditions.
- Sept. 2, 1991, asked again as a probationary EE fro 150 days
APPEAL
- Filled Out farn as single and civil status ECC - Affirmed GSIS Decision
- throughly got married on may 1991 ISSUES
- Upon knowledge a marriage, resp. sent a memorandum
reminding her of no marriage policy. (for women) 1. The respondent commission affirmance of the denial; by the respondent system
totally ignored the supreme court’s pronouncement on compensation cases.
- Replied she was unaware

- Jan 1992, dismissed

- the contention is with in the scope of the labor, and the rulings under the
old law no longer control.
- Filed complaint of illegal dismissal on NAT’L labor relations commission in - Under the Old law the claim for compensation under the workmen’s
baguio city. compensation act. It is not necessary
For the claimant to carry the burden of proof to establish this case. It is not
- At preliminary conference, de Guzman admitted failed remittance. Promi
necessary to prove that employment was die sole cause of the death of
the EE.” once the disease has been shown to have been arisen in the
course of employment, it is presumed by law, in the absence of substantial
evidence to the contrary, that is arose out of it.
LABOR - Guilty of illegal dismissal

- Ground of dismissal insufficient and discrimination

NCRC - Affirmed with MADI

- Under the present labor code, the burden of proof showing causation has
shifted back to the EE
particularly to dive cases of sickness of injuries which are not accepted or
- Suspended for 3 months for her acts of dishonesty listed in the occupational diseased by ECC. Which the petitioner failed to
satisfactorily discharge.
- Motion for reco denied.

RULINGS
2. In case of doubt in the interpretation and implementation of the provisions of the
1. state recognizes rule of women in nation-building and ensure equality bet labor code, the same shall be
men and women shall be rescued in favor of the laborer.
2. corrective labor and social laws - The court ruled that it has no dispute to the contention however, the same
has not application since the
- leads to art. 136 of labor code pertinent provisions of the labor code leave no room for doubt either in
prohibits discri by reason marriage of a female EE. their interpretation or application.
3. petitioner outright violation of labor
laws and consti against discri
DISPOSITION
4. dismissal due to concealment of status remittance and not bec. of
Petition Dismissed. Decisions appealed are affirmed. No Codes
marriage

- matter of remittance deemed settled in the promi made

- made clear in the memo

- Gained regular status when performed activities necessary and essential

to the usual made and business Bravo vs. Employee’s Compensation Comission

- 3 month sus. Would be unfair to return without sanction ( back wage –

minus 3 months) FACTS Bravo vs. Employee’s Compensation Commission
May 1959
5. contends verbal agreement. Terminate once married Evelio bravo - Employed at bureau of coast and geodetic survey as a cartographer I.
- Has been promoted several times until became a supervising
- the variables is sex, without makes it discri and unlawful cartographer
engineer.
- why not woman all women - irrelevant
- His work was involved n drafting and plate printing, processing negatives
6. assaults good morals, policy and freedom of women and strikes at the And supervising formulation of lithographic chemicals
very essence of marriage, its
having and purpose 1979 - Complained of irregular bowel movement, constipation and abdominal pain.
DISPO Also began losing weight and appetite

PET Dismissed 1980 - Admitted to st. luke’s hospital. Diagnosed with “ sigmoid c colons dukes c
Double cost against petitioner and chi tonic
Peri-appendicitis .
- after his discharge from hospital, did not return to work and retired at the
age of 48.
- received retirement gratuity from GSIS.
Aug 1980 - filed claim for disability benefits in GSIS.

GSIS - Denied Claim.

Bonifacio vs. Government Service Insurance System - Adenocarcinoma of the sigmoid and peri-appendicitis are not occupational
diseased
And his working conditions not increased the risk of contracting then.
Petition for review of Certiorari - Appealed to ECC.
FACTS
Evelio bravo – Died on aug,. 20, 1981
PET. = Spouse of Lourdes Bonifacio His widow, angeles, pursued his appeal.
- a classroom teacher in catanduanes from aug. 1965 ECC - Affirmed GSIS.

ISSUES

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Labor Law I

- to think so is illogical and ludicrous

1. Whether or not under risk theory, bravo’s ailments are compensable disease bec.
of his
exposure to chemicals and “stressful demands of work. 2. Strained theory dismissal qua suspension. By referring to order by the court not
SC: to dismiss EE without
 A claimant who depends on the theory of increased risk must present substantial court authority.
proof to show that his ailment
Contracted during his employment. - Only in relation to labor dispute
- Ended when parties entered CBA
- Petitioner failed to submit convincing proofs. - Upon termination, CIR injupetion no longer relevant

3. PAL rules that he be only on suspension, thus illegally dismissed

 Petitioner contented that on resolution # 2677, its modified guidelines on cancer, - After 17 years only means he slept on his right
stating that “prolonged
Exposure to chemicals that predispose someone to contracting the same. And - Thus, must be rejected as time-barned and being unpardonably tardy.
that reasonable work-connection of the disease is insufficient.

DISPO
- Petitioner’s argument is based on a ruling where body claimants submitted
proofs of the condition of their employment, in the instant case, petitioner Grand petition for certiorari nullify and set aside NCRC order making permanent TRO and
only enuger the chemicals he was exposed and relied on the probability dismissing private respondent’s complaint
that his working conditions could have increased the risk of contracting the No cost
disease if not caused by it.
- Under that labor code, the scheme and theory of employees
compensation requires medical basis for claim to succeed.

- A finding of ECC medical experts has been given great weight.

Radio Communications of the Phils., Inc. vs. Court of Appeals

 Neither can resolutions 2610 and 2677 bolster bravo’s claim. They are to be
applied prospectively. But even if applied, petitioner still failed to submit formal
requirements required by the resolutions. FACTS:
Francisco Beneficio – A.K.A. lazaro benedicto in his passport
 We cannot adopt and sweeping interpretation of the law in favor of labor lest we
engage in social legislation. - Hired by a foreign firmed, Abdul sis and no marred
Aljomaih co. through its phillipine representative, manning international
corp. as a truck rower
DISPO In Riyadh Saudi Arabia.

ECC Decision Affirmed - Left on Dec. 1, 1980 , with a stipulated term of 2 years.

- Met a vehicular accident several months before end of his contract

- Lost both of his legs

Philippine Airline, Inc. vs. NLRC - Repatriated on aug. 1982

FACTS
- Failed complaint for recovery of his salary for the un expired portion of his
Aug. 1967 - dismissed by PAL on the basis fact finding panel contract, insurance benefits
And projected cost of medical expenses.
- Also recommended crim. Prosecution oscar, irineo
- On account of estafa Rogelio danian Manning INTLCorp. Did FCT file a position paper despite summons
Antonio
rabasco Ruling / Dispo: - Dismissed claim for salary to the unexpired portion of
Jacinto employment (legally terminated)
macatol
(jesus saba)
– Not party in the accomplice proceeding - Awarded workmen’s compensation benefits, permanent disability benefits,
Trial court and actual medical expenses incurred
- Convicted the 5 after due trial (1976)
- Filed for motion for reconsideration and now trial to NCRC.

- Upon nation for reco only macatol was granted and later on absolved.
NLRC - Denied motion and affirmed decision.
(1978)

- The 3 appealed May 27, 1985 - judgment became executory

- Benedicto moved for computation of the amounts due him.
- Nacatol filed for illegal dismissal after 12 years.  Respondent objected that the receipt referred to lazaro benedicto

- Dismissed by labor arbiter due to prescription

- Overruled the same person.

- 1983, intermediate appellate court - thereafter, benedicto protested limitation for medical expenses for 120
days
- Affirmed decision only on Rogelio danian  filed for motion for partial reconsideration

- And absolved irineo and rabasco on grounds of reasonable grounds. NLRC - Granted motion

- 1984, irineo filed for illegal dismissal against PAL 17 years after his Entazed a new judgment and approved payment for reimbursement of actual
dismissal. medical expenses from sept. 1992
Up to January 1985.
- Labor arbiter – ruled for irineo and ask for reinstatement, back wages,
moral damages which loss of seniority rights ISSUES

- On accounts of prescription, termination by PAL is only suspension 1. whether or not the “new judgment reddened by NCRC is valid

- It contrast with macatol, this issue was not raised.

A. the court ruled that once a judgment has been final and executory
- PAL appealed to NCRC it becomes immutable and unalterable. The only exceptions are
correction of clerical error or a nunc pro entry swon not being the
- Affirmed arbiter’s reso case, NCRC judgment is void as ini.

ISSUES B. That judgment rest on consideration of equity and social justice. Is

impermissible. Such cannot prevail over expressed provision of the
1. Termination of pal amounts only to suspension labor code.
- plain and categorical
DISPOSITION

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 Labor Law I

Hence, petition for certiorari, praying, among the others, to annul and set aside the decision of
minister of labor and to dismiss the claims of the priv. respondents.
NCRC descision set aside. POEA reinstated and affirmed .
ISSUES:

1. Whether or not petition was filed too late.

- the decision of minister of labor has already become final
- decision has already been partially implemented

[Merits: Devoid of merit]

Reliance Surety & Insurance Co., Inc vs. NLRC
2. whether or not there exist an employer- employee rel. elements to determine its
existence:
FACTS Petition for certiorari a. Selection and engagement of the EE.
RESP: Reliance surety union - hiring is the done by PET, through the master cutter
- Nov. 21, 1986, company changed seating arrangement b. payment wages
- Molina, rubio, macapagal and cansino protested - received weekly salaries on piece-work basis
- Alleged that change is to harass union and without prior notice c. power dismissal
- Headed discussion with the man. Occurred - violation of memoranda ground of dismissal
- Refused to stay at designated placed and still leveled insults to those who - Jan 2, 1998 resps were dismissed
testified. d. power to control employee’s conduct
- Was placed on preventive suspension. Then dismissed. - required to work mon – sat
- worked on job orders
- observer cleanliness
- Union filed for illegal dismissal and ULP with NL-RC - subj. to quality control
-
-
While complaint pending, filed notice for strike DOLE. March 12,1987
Began strike before initial conference could take place, march 17, 1987
e. Were allowed to register with GSIS as employees of petitioner
-
-
Picketed in the bldg
Harassed ESS
3. Findings of administrative agencies which have acquired expertise bec. Their
- March 31, 1987 company filed for declaration of illegal strike with NCRC jurisdiction are confined to specific matters are generally accorded respect and
finality.
Labor - Strike illegal
DISPO
PCRC - Upon appeal, affirmed
PET. Dismissed for lack of merit
 But ordered reinstatement of striking officers without loss of seniority. But without back wages.

 Dismissal of the 4, upheld. But ordered payment of 1 month sal. With benefits.

Vinoya vs. National Labor Relation Commission

ISSUE

I. Whether or not strikers who have been found staged an illegal strike may FACTS:
be reinstated. - Vinoya applied and was accepted onmay 1990, as a sales representative by
RFC on the same date was issued an i.d vinoya alleges that he was under direct
A. Strike is illegal no question control and supervision plant manager and senior salesman of PRC.
3 Reqs:
1. 15 days prior notice - On july 1991, vinoya was transferred by RFC to PMCI, an agency which provides
2. 2/3 vote by secret ballot RFC with additional contractual workers pursuant to a contract for supply of
3. Submission of vote to dept of labor at least 7 days prior strike manpower services after his transfer. He was re assigned to RFC as sales
B. To reinstate officers who staged strike in bad faith is to reward an act against representative. Subsequently on nov. 1991, he was informed by RFC that his
public policy services were terminated and he was asked to surrender his i.d. card.
C. Ferrer and almira cases. - Dec, 1991, vinoya filed a case of illegal dismissal and non.payment of 13th moth
- Both strikes were not illegal and carried out in good faith pay before the labor arbiter.
Ferrer – defective strike
Almira – violent strike doesn’t make it illegal, and ground for dismissal - PMCI was initial imp leaded as one of the respondents, but vinoya withdrew his
D. Rubio admitted valid dismissal by accepting the sum of 2,448 charge against PMCI and bought/pursued his claim solely against RFC.
Subsequently, RFC filed a 3rd party complaint against PMCI.
Labor - RFC is guilty of illegal dismissal but denied 13th m. pay
 RFC is the employer
DISPO NLRC - PMCI is an independent contractor, guilty of illegal dismissal. Ordered payment
of 13th month pay.
Petition granted ISSUES:

I. Whether petitioner was an employment of RFC or PMCI.

A. Status of PMCI (whether it is a independent contractor or labor-only contractor
Elements of labor-only
Rosario Brothers Inc. vs. Ople 1. Have substantial capital to perform the job work or service on its own acct. and
responsibility
- 1,000,000 – stock
FACTS: 75,000 – in paid
= not enough
Petitioner: Rosario Bros Inc. 2.
Respondents: tailors, pressers, stit__chers and similar workers - Workers assigned by PMCI to RFC, the ______ has the control
3. Doesn’t perform and specific job or service
- Some worked since 1969 until separation 1928. -
4.
Merely supplies RFC with EES
Sales reps are directly related to the business of RFC
Sept 1977 – Respondent filed complaint for 13th pay and emergency allowance with dept. of 5. Granting PMCI is an independent contractor
labor ( now ministry ) - Petitioner is not included in the list to be assigned to RFC
Dec. 1977 – Labor arbiter dismissed complaint upon finding that complaints are not EES. C. RFC carried out the 4 _____ test.
Jan 1978 – Respondent were dismissed 1.) Power to hire
- I.D. issued is sufficient for a proof
 respondent filed for illegal dismissal with ministry of labor
- PET is with RFC prior contract
 NCRC – Affirmed decision of labor arbiter and dismissed complaint. 2.) Payment of wages
 Minister of labor – upon appeal - funds came from RFC
- reversed NCRC decision: - although coursed through PMCI
- complaints are EES 3.) Power of control
- Petitioner-respondent-to pay 13th month pay and emergency allowances.
- RFC admitted
- PET is under the direct control of RFC personnel
 Thereafter, respondent filed for issuance of writ of execution of the decision of 4.) Power to Dismiss
minister of labor which was granted and partially implemented. - Contract states that RFC has the power to dismiss
 Labor arbiter issued an order to compute the balance of priv. respondents. II. Whether petitioner was illegally dismissed?
- March 4, 1980. a report was submitted pursuant thereto
-

Due to his length of service, acquired _ tams of reg EE.
Thus may only be dismissed upon compliance of legal reqs: for dismissal.
- Thereafter, a writ of execution was issued for the satisfaction of the said amount.
Two fold reqs:
1. Substantial
2. Procedural

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Labor Law I

PET. Invokes theory of increased risk

1. Expiration of contracts is not one of the ECC: - __ disease was caused by his employment
The grounds allowed by law - it was only a recurrence of an existing disease aggravated by nature of work
GSIS: prayed to be dropped as party respondent in this case
2. No notice of impending dismissal ISSUES
1. Whether or not there is sufficient evidence to sustain theory of increased risk.
- exposed as janitor diseased was to diff. carriers of viral and bacterial diseases ,
DISPO the EE most exposed to dangerous concentration of infected materials and the least
likely to know how to avoid infection.
- Decision and reso of NLRC are annulled and set aside - it is unreasonable to not conclude that the working conditions definitely increased
- Labor arbiter decision is reinstated the risk of contract f the disease.
- Resp’s posture is against / inconsistent with the liberal of the labor code which
favor the workers.
2. there have been aggravation of existing ailment but such aggravation is not in the present
law.
- no evidence deceased was hired in state of having an existing disease _____ to
Insular Life Assurance Co., Ltd vs. NLRC become worse.
3. GSIS, to be dropped as party in the case
- no merit, the fact that the court required GSIS to comment is an indication that it
FACTS: is a necessary party
DISPO

- July 1968. Basiao and insular life insurance entered into a contract. Decision appealed is set aside. respondent GSIS ordered to pay.
1. P12,000 death benefits
- Contains relations of the parties, duties of the agent, acts prohibited to him and
termination. 2. P1,200 Atty’s fee

- April 1972. both entered into another contract agency manager’s contract. To
implement his end Basiao organized an agency, which he named Basiao and
associates , while also fulfilling the first contract

- 1979 company ended manager’s contract. Basiao filed for civil action. Then he
was terminated.
- Basiao filed to MOLE a complaint sought to recover commissions. Allegedly
unpaid. Labor arbiter ruled in favor of basiao there is employer > __ RFC NLRC
affirmed hence, petition for certiorari <- prohibition.
ISSUE:
Whether basiao is an employee. Thereby placing the case in jurisdiction of labor arbiter or an
independent contractor, whose claim was thus ______ by regular courts.
- Petitioner contends that “control” is the most critical feature in determining an
employer. EE rel and the contract states the rules and regulation he is subjected
to.
Ruling:
- A line must be drawn between the rules that merely serve as guidelines towards
the achievement of the mutually desired result without dictating the means and
methods to be employed in attaining it, and those that control party or fix the
methodology and ____ or restrict the party hired to the used of such means. The
first which aim only to promote the result, create no employer-EE relationship
unlike the second which address both the result and the means used to achieve
Philippine National Construction Corporation vs. National Labor
Relation Commission
Private Respondent (4)
Phil. National Construction Corporation – (Gov’t ________ Corp.)
- Respondent were deployed by PETS at Iraq as security guards.
- April 12, 1985 monthly salary of 350 usd and validated on April 22, 1985
- May 12, 1985 substituted contract which states of 200 USD monthly salary for a
period of two years. Was accepted by respondents.
- Upon period lapsed, resps filed resignation on Aug. 31 1987. to avail more
benefits under retirement plan of PNCC.
- Aug. 17 1987 , filed complaint before POEA, among others a.) non-payment of
promotional pay increase b.) underpayment of salaries OT, bonuses, night
differential, SL and UL benefits c.) assigning Friday overtime duties to non-
guards.
POEA
- Decided on the first two issues on the affirmative and negative as to the rest.

it. - Pay the difference of 350 – 260

- Appeal NCRC
- It is usual and expected for an insurance company to promulgate a set of rules to
-
-Affirmed POEA
Hence, Petition for certiorari
guide its commission agents in selling its policies that they may not run afoul of
the law and what is requires or prohibits. ISSUES
None of these really invades the agent’s contractual prerogative to adapt his own
selling methods or to sell in 1. Whether or not NCRC committed grave abuse of discretion. Its ________ of art.
his own time and convenience 34.

- Judicial review through certiorari may annul admin decisions showing grave
abuse of discretion.
DISPO
Appealed Reso, set aside
Complaint dismissed
- Not in the case. Based decision on the confirmation letters and admission of
PNCC
- Upon claim of PET. That it was only a notice employment and not signed by
resps
- In case of doubt , labor contracts shall be construed in favor of the working man.

Clemente vs. Government Service Insurance System DISPO

Decision affirmed PET. Dismissed

FACTS:
Petitioner - Wife of late pedro clemente
- 10 years janitor of doh, assigned in ilocos norte skin clinic
Nov 3-14
- 1976 hospitalized due to nephritis
- Later found out also suffering from portal cirrhosis and leprosy, AKA Hansen’s Abella vs. National Labor Relations Commission
disease

- Nov. 14, 1976, died of uremia due to nephritis.

FACTS petition for certiorari
- Wife / PET. Filed for employee’s compensation under labor code to GSIS Petitioner Rosalina abella – Leased land known as hacienda danao – Ramona on june
GSIS - Denied Bec. Ailment is not occupational disease and not the least causally 27,1960 at negros accidental , for a period of 10 years.
related to his duties and condi of work.

GSIS -
- Motion for reco. Denied
forwarded claim to ECC
- Aug. 1970 – extended contract for another 10 years.
During existence of the lease employed respondents
Ricardo dionele - farm worker since, 1949 – promoted cabo 1963
ECC Rulings Romeo quitco - a regular since 1968 also become cabo same year
1. not listed in occupational diseases
2. no evidence of casual connection
3. had acquired the disease prior employment
art 167 labor code: For sickness and the resulting disability and death be compensable : 1.)
- upon termination of lease dismissed Resps Oct. 1981 turned overland to owners
and when continue cultivation and management.
Sickness must be listed in the occupational diseases. 2.) Proof that risk of contracting the
disease is increased by working conditions.

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Labor Law I

- Nov. 1981 filed complaint against PET. For illegal dismissal, reinstatement and
back wages (MOLE)
DISPO: dismissal is warranted but granted separation pay
Appeal to NLRC: affirmed MOLE decision dismissed
Motion for reco: Denied
MAIN ISSUE: whether or not __ respondent are entitled to sep pay.
1. not liable for sep pay. Nor for reinstatement as closure of business is a just cause
for employment termination.
- labor arbiter agreed that dismissal is justified. But invokes art 284. which
provided rights of employee’s under circumstances.
2. provision is against the non-impairment of obligation and contract, its payment of
sep pay is not contemplated in the lease agreement.
- the purpose of art. 284 is to provide protection to employees terminated due to
entrenchment or closure of establishment. No showing that the new management
took over the responsibilities of the former employer resps will be new EES, thus
at the years of service would be nothing.
- Consti prohibi is in reference to the rights of the parties and not to the non-parties
- Interpretation of the provisions of the labor code should favor the labor
- Contract cannot an effect annulling subsequent legislation designed to protect
the interest of labor.
DISPO
Labor decision Affirmed
Juliet arrovo - pres. of SICAFP. Affiliate of NAMAWU resp. san indelfonso college – rum
sisters administration
Feb 1991 - arrovo “tencired teacher” asked to beach on full basis again, not
allowed. Due to failure to make use privilege
Aug 1991 – other individual petitioners, notified of non-renewal of contracts
April 1991 – SICAFP formalized into a labor union affiliated to NAMAWU
April 1991 – NAMAWU was chosen as the bargaining agent
May 1991 – individual petitioners wrote to private resp. indicating desire to work,
but private resp refused to take them back.
Due to no amicable settlement, pets filed complaint ( to labor arbiter)
CONTENTIONS:
PET: that they were regular EE for having rendered service for more than a year, and
entitled annual renewal of contract.
RESP: except for arrovo individual PETS are either probationary or part time. And
rendered less than 3 years. She lst her status when she requested to be on part time to
complete master’s degree.
- college _____ on its rights and thus not guilty of illegal dismissal.
LABOR ARBITER: 5 did not sign complaints thus not include as complainants ruling:
- guilty of ____ and illegal dismissal.
- Contracts are not bilateral agreement but by appointment
- Teachers were not given opportunity to explain their side
- Those on probation, were not given their ratings
- Timely, in the formation of the union and affiliating to NAMAWU.
- Computation made by resp erroneous
- Computed on basis, should be on monthly
DISPO - Guilty of illegal dismissal _____

NLRC
- reverse decision and dismissed complaint
RULING
PNOC-Energy Development Corp. vs. NLRC - to be permanent __ may only be acquiring by a full-time EE with 3 years of good
service
- except arrovo, all were on part time / probationary
FACTS Petition for certiorari to set aside resolution - arrovo – failure to procedure degree, breach of trust which is a valid ground for
dismissal
- analyn jesusa not a proper party, a secretary
Danilo Mercado – employed by PNOC – EDC on 1979 - computation, upheld college’s computation
From clerk to shipping clerk at cebu office
- absolved resps from ___. It was not clearly established that PETS were
- transferred to dumaguete, negros oriental 1984 dismissed due to union activities.
- Motion for reco, denied. Thus petition.
6/30/85 – dismissed on 1985 OSG
 Moves for dismissal of case except as to arrovo.
 due to serious act of dishonesty committed: - All were legally dismissed except as to arrovo
1. shingles – 1,680 = 1000 - College computed correctly. _____ not counted.
2. rubber stamps – 28.66 80.00 - agreed with OSG
3. discount given by supplier 70.00 = not repaved ISSUES
1. ULP?
7/23/85 – complaint for illegal dismissal - no. there was no substantial evidence showing PETS were prevented to exercise
right to self-organization. Certification for election was not even opposed by the
March 1986 – after both parties submitted their position papers labor arbiter ruled in favor of college.
Mercado 2. whether or not individual PETS were permanent EE.
- NLRC – dismissed appeal for lack of merit - manual regulations for private schools, and not labor code , is applicable
ISSUES - UST V. NLRC held to acquire permanent status, 3 reqs
a. full time basis
1. whether or not matters of employment affecting PNOC-EDC are within labor and b. 3 consecutive years
NLRC jurisdiction.
c. Satisfactory service
- PET ____ that the decision was rendered when the 1973 consti was in effect.
Which states that gout owned ___ are within civil service law.1  11 of the PETS were full time, only 2 rendered 3 consecutive years. However, no
- Supplanted by the new constitution. Thus, PNOC EDC being incorporated under showing that during those 3 years they were on full time and had satisfactory
gen. corp. law is subj. to labor code service. Thus not one acquired permanent status.
3. Arrovo
- Even if the 1973 was still in effect NLRC still has jurisdiction, bec. It is 1987  It is absurd that by teaching on part time, after obtaining permission to take
consti that is in place at time of the decision. masters, arrovo relinquished her permanent status.

2. assuming the affirmative, whether or not NLRC is justified with its order.  Failed to show that masters is a prerequisite for arrovo’s position
- ground of dishonesty = without basis  Not afforded due process. Failed twin notices req. by labor code only received a
- denial of __ process = without merit both submitted position papers letter in replu to her request the same served as notice of termination
4. minimum wage
 affirms NLRC
 court ruled that agencies which acquired expertise accorded respect and finality.
Courts do not review suffiency of evi. But is limited to issues of jurisdiction or
grave abuse of discretion. DISPO affirms NLRC with modification. Arrovo reinstatement, back wages which loss of
seniority.

DISPO

Petition denied. NLRC resolution affirmed Cabrera vs. NLRC (Third division)

Petitioners Dismissed by NLRC

- 1980 filed complaint to ministry of labor and employment
- Labor arbiter ordered reinstatement, backwages of 2 years and other benefits
National Mines and Allied Worker’s Union vs. San indelfonso - Appeal 1st division of NLRC affirmed 1983
College-RVM Sister’s Administration - Petitioners moved for issuance of writ of exec.
- NASECO opposed due to copy of order not furnished
- denied
FACTS - reco. Denied
PET – NAMAWU – Nat’l Mines and allies working’s union - appealed to 3rd division of NLRC
- certified bargaining agent of the rank and file employees of resp. - Declaring itself without jurisdiction
 Dismissed case on 1987

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 Labor Law I

- thus, petition
ISSUE
1. whether or not NASECO is governed by labor laws or by civil service law.
- NLRC applied 1973 consti which states that civil service embraces every branch.
Instrumentality, subd. And agency of the gov’t.
- The court ruled that the law in application is the 1987 const. which states that
civil service embrace only those with original charters. NASECO being without
orig. charter.
- NASECO is _______ challenging jurisdiction
- Having accepted it while the case was in progress, until 1987.
- Grave abuse of discretion not charged in the certiorari
Prior expiration of the 3rd year, the union initiated the negotiation
Feb 18, 1993 – through its. Pre. Edie Divina Garcia union sent a letter containing its proposals
covering political provisions. With the list of the members of the panel.
Feb 24, 1993 – petal harris, bank’s country manager, sent counter-proposal in non-economic
provisions and also attached list of the member of its panel.
Before commencement of the negotiation, union ( __ divina Garcia ) suggested to bank’s HR
man. And head of negotiating panel ( diokno ), that bank lawyers should be excluded from the
negotiating team.
- bank acceded. Diokno suggested that umali be excluded. (dube pres.) however
umali was retained thereof.
 March 12, 1993 , parties met and set ground rules for the NEG.
- diokno suggested to keep it a “family affair”
- there were provisions in non-economic both parties did not agree

DISPO
- both agree to put a notation of “deferred/ deadlocked “
NLRC decision reversed and set aside  may 18, 1993 - NEG commenced
Decision of labor and NLRC 1st division reinstated no cost. - union suggested economic provi
 Next MTG. ___ made same presentation. Umali asked bank to validate union’s guest
mated and _____ bank’s insufficiency of counter proposal.
 June 19, 1993 – union suggested that if bank won’t make necessary changes it would
seek 3rd party.
- bank made its revised counter- panel
 except for the signing bonus and uniform provisions of the CBA, both did not agree on
the remaining economic provisions.
Ebro III vs. National Labor Relations Commission
 June 21, 1993 – union declared deadlocked and filed notice for strike
 Bank filed for ULP against the union charges:
FACTS: 1. violated its duty to bargain
ICMC - international catholic migration commission 2. violated no strike – no lockout
- non-profit agency engaged in international humanitarian and voluntary work. 3. ask for damage
Jose Ebro III – employed by ICMC on June 1985  Sec. labor and employment (SOLE)
- after six months upon employment, was give a notification of termination effective Assured jurisdiction and consolidated complaint
Dec 21, 1985.  Oct 29, 1993 sole released order dismissing cases against for both parties. And gave
- Filed complaint of illegal dismissal on 1986 economic awards
 ICMC answering complaint, complainant filled to qualify for regular employment,  Both filed for motion for reco. SOLE denied both.
and was given necessary wages.  March 22, 1994 both signed CBA
 April 28, 1994, union filed petition for certiorari
1989 - Private respondent submitted memorandum which among others things, invokes  Bank prayed for dismissal, that union was estopped as it signed the CBA
immunity on basis of ___ signed on 1988 BET. Phil. Gov’t ICMC.  SOL. GEN. – suggested PFT. Be dismissed

Labor arbiter – decided against immunity

- deprivation of due process and violation of contract of employment. ISSUES
- Also, not an act of congress. 1. whether or not union was able to substantiate its claim of ULP from bank’s
 Reinstatement 1 yr back wages other benefits and atty;s fees alleged interference surface bargaining making bad faith proposals and refusal to
- Both appealed to NLRC furnish relevant data
NLRC - Case dismissed immunity upheld
- Motion for reco – Denied a. interference – suggestion made by diokno not anti-union
b. surface bargaining – can be seen in the totality of ____ not
present. Moreover duty to bargain “doest not compel either
Hence, Petition for certiorari to set aside NLRC reso part to agree or make a concession.
c. Bad faith provisions – no basis. Many were to be retained
BASIC ISSUE: whether or not MOA gave ICMC immunity
d. Refusal to furnish data (guest mates) – union did not put into
ISSUES written as required by labor law.

1. Whether or convention of united nations. Not moa is an act of congress?

2.
-
grave abuse of SOLE part.
no merit. No showing acted in capricious or arbitrarily.
- convention has the force and effect of law as out constipation adapts the - Even if public interest is not a requisite in ULP.
generally accepted principles of international law. 3. union being estopped from filling suit/ ILP when it signed CBA.

- MOA carries out PHIL’s obligation under the convention

- approval of __ doesn’t mean union waived its ULP claim against the bank during
the pas negotiations.

2. immunity give reproductive waived?

4.
-
union engaged in blue-sky bargaining
bank failed to prove that proposals by the union were exaggerated and
- no. the scope of the immunity in the convention is instructive. The convention unreasonable.
provides immunity as estoppels does not operate to give instructive. The
convention provides immunity from “every form of legal process”. DISPO
3. immunity waived?
- convention, requires waive be expressed . Decision Affirmed. Petition Dismissed.

- neither ICMC be estopped from claiming immunity as estopped does not operate
to give jurisdiction to and tribunal that has none overcause of action.
4. immunity deprives due to process?
- no Dumlao vs. De Guzman
- Gov’t may withdraw privileges and immunity if it sees that there has been an
abuse, as the convention provides. FACTS: Petitioner: LVN PICTURES INC. AND SAMPAGUITA
Respondent: Philippine Musician Guild

* Petition for review by certiorari of an order of the court of industrial relations

DISPO certifying the guild as the SOLE and exclusive bargaining agency of all the
musicians working with said companies, including premiere productions.
Petition Dismissed for lack of Merit. PETS: contends that they have no musicians as employees and that. The musical
numbers of the films are furnished by independent contractors.
Court of industrial relation: sustained said theory motion for reconsideration denied by court
and bank.
ISSUES
1. whether or not petition for certification cannot be entertained when
Standard Chartered bank Employees UNION (NUBE) vs. Confesor existence of employer – employee relationship between the parties is
contested.
- not supported by any authority or legal provision
Standard chartered bank-int’l bank (resp) - so long as, after due hearing the parties are found to bear such relationship, it is
Standard chartered bank employee union ( petitioner ) proper to pass upon the merits for certifaication.
- exclusive bargaining agent of the bank file EES
 aug. 1990 – the bank and the signed a 5 year CBA. With a provision to renegotiate on the 3rd 2. whether or not certification is improper in the present case bec. A.) the
year. petition does not alleged and no evidence was presented that the allege

6
Labor Law I

musicians. Employees of the respondent constitute a proper bargaining
unit. B.) and that the said musicians-EES represent a majority of the other
numerous employees of the film companies.
- absence of express allegation is not fatal in certification as it is not a “litigation” in
its common term, but merely an investigation as to ascertain the desires of the
employees as to the matter of their representation
- it is alleged in the petition that the guild is a duly registered labor organization
and 96% of the musicians playing for the musical recordings for film companies
member of the guild.
- More over, court of industrial relations has a wide discretion to determine upon
an appropriate bargaining unit. And such decision has almost complete finality,
unless action s arbitrary or capricious.
MAIN ISSUE
I. whether or not the musicias in question re employee of the film companies.
- The relation BET. The business of the petitioners and musicians are not casual.
As the work of the musicians is an integral part of the entire motion picture.
- The ____ for employer – employee relationship is “where the person for whom
the services are performed reserves a right to control not only the end but also
the means to be used in reaching such end. It may exist not withstanding the
intervention of an alleged independent contractor who may hire and fire its
workers.
DISPO
Order appealed affirmed
Cost against petitioners.
Tabas vs. California Manufacturing Co., Inc.
no. 548 which authorizes said director of public works, with the approval of the secretary of
public works and communications, to promulgate rules and regulations to regulate and control
the use of and traffic on national roads.
The secretary of public works and communications in his second endorsement
approved the said recommendation the mayor of manila and the acting chief of police of
manila enforced and caused to be enforced the rules to be enforced the rules and regulations
thus adopted.
Maximo calalang, in his capacity as a private citizen and taxpayer of manila,
brought the petition for a writ of prohibition against the respondents.
ISSUE
I. Whether the commonwealth act. No. 548 is constitutional due to undue
delegation of legislative power upon the director of public works and the
secretary of public works and communications. The authority conferred upon
them is not to determine what public policy demands but merely to carry out the
legislative policy laid down by the national assembly.
The delegated power if at all is not the determination of what the law shall be, but
merely the ascertainment of the facts and circumstances upon which the
application of said law is to be predicated.
II. whether commonwealth act no. 548 constitute an unlawful interference with
legitimate business or trade and abridge the right to personal liberty and freedom
of locomotion.
- the commonwealth act no. 548 was passed by the national assembly in the
exercise of police power. The said act aims to promote safe transit upon and
avoid obstruction on national roads, in interest and convenience of the public.
- Persons and property may be subjected to all kinds of restraints and burdens, in
order to secure the general comfort health and prosperity of the state.
III. whether the rules and regulations complained of infringe upon the constitutional
precept regarding the promotion of social justice to insure the well being and of
all the people
- 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 equiblirium.
DISPO

FACTS Writ Denied

- PET. Prior to stint with California manufacturing Comp. were employees of livi
manpower services, subsequently assigned to former as “promotional
merchandisers.”
- Pursuant to manpower supplies agreement. DY KEH BENG vs. INTERNATIONAL LABOR
- Assignment is contractual
- 6 months of contract
- Filed for benefits as they become regular EE FATCS:
- Thereafter, due to retrenchment and end of manpower supply agreement was A charge of unfair labor practice was filed against DY KEH BENG, proprietor of a
informed not to be rehired basket factory, for discriminatory acts by dismissing carlos sovano and Ricardo tudla for their
- Filed for illegal dismissal union activities a case was filed in the court of industrial relations for in behalf of the
- LIVI – put – EE Mel BET reps and cali. Livi absolved form obligation due to international labor and marine union of the Philippines and two of its members. DY KEH BENG
retrenchment contends that he did not know tudla and that Solano was not his employee because the latter
came to the establishment only when there was work which did on pakiaw basis, and worked
ISSUES on piece basis.
1. employer- employee Hearing examiner found that Solano and that tudla became employees of DY
- a question of law, not sure subject to agreement KEH BENG from may 1953 and july 1955, respectively, and that both worked with
- the fact that in the agreement, cali had specifically designated livi as the establishment continuously although compensated on piece basis. This report was adopted in
employer, will not erase obligation of either parties toto by the court of industrial relations.
- agreement is BET. LIVI and CALi , thus, petitioner cannot be made to suffer. The court of industrial relations found DY KEH BENG guilty of unfair labor
ART 106 practice and was affirmed by the court and bank.
- if contractor cannot pay , responsibility is shared BET contractor and employee. RULING:
- In labor-only contracts the employer, together with the labor-only contractor. For
any valid labor claims. 1. whether or not there exist an employee-employer relationship on the
control test. – petitioner contends that there was no evidence to show that
2. what us the liability of either LIVI or CALI? petitioner had the right to direct the manner and method of respondent’s
A. establish is the fact PET. Is an employee, and a regular. One to 1 year work. Moreover, that Solano worked on pakiaw basis and stayed in the
service. establishment only when there was work.
B. termination due to retrenchment? The court ruled that “it should be borne in mind that the control test calls
- Can failed to show enough evidence merely for the existence of the right to control the manner of doing the
work, not the actual exercise of the right. Moreover, some control would
necessarily exercised by DY as the making of the kaing would be subject
to DY’s specification.
DISPO
2. whether or not Solano was an employee because he worked on basis. –
Petition granted the court aggress with the hearing examiner that “ circumstances must be
construed to determine indeed if payment by piece is just a method of
Appealed order set aside cali to pay both resps to jointly pay compensation and does not define the essence of the relation.
a.) Back wages, Differentials Moreover the court noted that “judicial notice of the fact that the so-called
b.) Other benefits “pakyaw” system mentioned in this case as generally practiced in our
c.) Attorney’s fees country, is in fact a labor contract between employers and employees
between capitalist and laborers.”
3. as to the other assignments of errors – section 6, republic act 875
provides that in unfair labor practice cases, the factual findings of the court
of industrial relations are conclusive on the supreme court, if supported by
substantial evidence.

4.
Maximo Calalang, petitioner vs. A. D. Williams, ET Al.,
respondents
FACTS:
NTC recommended to the director of public works and to the secretary of public works and
communications that animal-drawn vehicle be prohibited from passing along the rosario street
and along rizal avenue, for a period of one year from the date of the opening of the colgante
bridge to traffic. The measure protosed in the resolution was pursuance to commonwealth act
award of backwages – the court ruled that “it is fitting to apply in this
connection the formula for backwages worked out by justice teehankee in
“cases not terminated sooner.” The formula calls for fixing the award of
backwages without qualification and deduction to three years, subject to
the deduction where there are mitigating circumstances in favor of the
employer but subject to increase by way of exemplary damages where
there are aggravating circumstances. Considering there are no such
circumstances in this case, there in no reason why the court should not
apply the above-mentioned formula in this case.

7
Labor Law I

DISPO - the existence of an employer-employee relationship is a question of fact.

Appellate courts accord the factual findings of the labor arbiter and the NLRC not only respect
Award of backwages granted is modified to an award of backwages for three years. but also finality when supported by substantial evidence. Court does not substitute its own
judgment for that of tha tribunal in determining where the weight of evidence lies or what
evidence is credible.
II. Essential elements of employer-employee relationship
A. Selection and engagement of employer. – the specific selection and
hiring of sonza, because of his unique skills, talent and celebrity
status not possessed by ordinary employees. Is a circumstance
Manila Golf Country Club INC. vs. IAC indicative but not conclusive of independent contractual
relationship.
B, Payment of wages – whatever benefits sonza enjoyed arose from
PET: Manila Golf Country Club Inc. contract and not because of an employer-employee relationship.
Priv. Resp: (caddies) Fermin _________ The power to bargain the talent fees way above the salary scales of
ordinary employees is a circumstance indicative, but not conclusive
- the caddies filed 3 separate proceeding of independent contractual relationship.
1.) Certification election filed in labor relations filed by PTTCEA. Resolved in C. Power of dismissal. – Sonza failed to show that ABS-CBN could
favor of the PETS club. Affirmed by the director terminate his service on grounds other than breach of contract, such as
retrenchment to prevent losses as provided under labor laws.
2.) Compulsory arbitration filed by the same org. with arbitration branch of the D. power of control – applying the control test the court held that
____ of labor. sonza is not an employee but an independent contractor. The control test being
- dismissed for lack of merit the most important test our courts apply in distinguishing an employee from an
- affirmed by NLRC independent contactor.
3.) petition for coverage and availment of benefitrs under the social security ABS-CBN did not exercise control over the means and methods of
act. (present case) performance of sonza’s work. Moreover a radio broadcast specialist who works
- ( social security coverage ) under minimal supervision is an independent contractor lastly, in broadcast
- ( wamar and jomok filed ) industry exclusively is not necessarily the same as control.
SSC - Dismissed case for lack of merit IV. nature of sonza’s claim
- RESP/ PET are not are not employees absent 2 elements
1. payment of wage
- sonza’s claims are all based on the may agreement and stock option plan
and not in the 1994 labor code. Clearly the present case does not call for
2. control an application of the labor code. In effect sonza’s cause of action is for
- ( by the union of llmar and jomok ) breach of contract which is intrinsically a civil dispute cognizable by the
- Before decision jomok withdrew court.
- Reversed sec decision
- Passed the “control test” DISPOSITION
Appeal on iac 2 errors assigned by resp/PET.
Petition denied
1. Refusing to suspend decision to await judgment of Assailed decision is affirmed
labor in the issue of employer-employee rel.
ISSUES

1. That the decision of med-arbiter on certification on certification case had never become
final.
- IAC not to be faulted for ignoring La Suerte Cigar & Cigarette Factory vs. Director of the Bureau of
- 4 reqs of res adjudicate Labor Relations
1. there must be final judgment
2. based on merits
3. court must have jurisdiction over the matter and April 7, 1979 - the la suerte cigar and cigarette factory provincial (Luzon ) metro
parties manila sales where local union and force association has applied and granted a chapter status
4. there must be bet 2 cases, identify of parties, subj by nat’l associate trade unions (NATU)
matter and cause of action
- certification proceeding is not a ”litigation” in the sense it is commonly April 16, 1979 - Local union members withdrew membership in NATU
understood April 18, 1989 - Local union and NATU filed for certification election.

2. Whether or not wamar is an EE of PET.

- does not observe working hours free to leave or stay
- suggestion on fee – shows n control of compensation-
- GRP. Rotation system
- assurance of fair distribution of work and not measure to control EE
DISPO
IAC decision, reversed and set aside. Resp. is not an EE of PET.
- That it has 48/60 sales personnel of the comp. were members of local
union
- Supported by ni less than 75% of sales personnel
Company – Filed to dismiss petition for certification
- Not supported by 80% of the members of the proposed bargaining unit.
- 31/48 withdrew
- 14 of alleged local union members were not EES.
Med arbiter - dismissed certification
Director of bureau of labor relations – (union appealed)
- reversed and set aside order of dismissal
Jan 1980 - comp. filed for motion for reco
May 1980 - NATU legal counsel withdrew from the case

- Thereafter, NATU, thorough its pres. And legal counsel withdrew from the
case
Sonza vs. ABS-CBN broadcasting Corporation Nov 1980 - dir. Of bureau of labor relations denied motion for reco.

ISSUES
FACTS: I. whether or not 14 dealers are EE. Or independent
ABS-CBN and MJMDC entered into a contract on may 1994. ABS-CBN was represented by its contractors.
officers while MJMDC was represented by sonza, as president and general manager and mel
tiangco, as EVP and treasurer referred to in the agreement as “agent”, MJDC agreed to - court resolved to follow the rule in mafinco case, that is to determine if
provide sonza’s services exclusively ABS-CBN as talent for radio and television. The EES or independent contractors should be resolved in the light of their
agreement listed the services sonza would plender. fiddling contracts.
On april 1996, sonza wrote a letter to ABS-CBN’s president in regard to his - In prefatory statement = factory has accepted applicant and appoint him
resignationin view of the events concerning his programs and career. as a dealer
April 30,1996, sonza filed a complaint against the ABS-CBN before the DOLE. - No words to hire or employ
Sonza complained that the ABS-CBN did not pay his salaries, separation pay, service - No mention as to wages
incentive, leave pay, signing bonus, travel allowances and amounts due under the employee - Court ruled, that the terms and stipulation of the dealership agreement
stock option plan (ESOP). leave no reason for doubt, whereby the distributor/seller or dealer
On july 10 1996, ABS-CBN filed a motion to dismiss on the ground that there is assumes the status of an independent contractor.
no employer-employee relationship. Sonza filed an opposition to the motion on July 19, 1996. a. there is a difference bet. The dealership agreement and that
Meanwhile, ABS-CBN opened a account to continually remit sonza fee’s under in actual practice.
the agreement. - if so, certiorari is not a proper proceeding
Labor arbiter denied the motion to dismiss, however in his decision labor arbiter dismissed the b. agreement is legal clear to hide employer EE rel.
complaint for lack of jurisdiction and that there is not employer-employee relationship. II. whether or not the withdrawal of 31 local union members affected the PET. For certi
On appeal, the NLRC affirmed the decision of the labor arbiter. The same was insofar as the 30% reqt is reqt
also denied upon the motion for reconsideration.
ISSUE - 31 withdrew prior petition. If otherwise which is withdrawn after petition,
I. Whether or not sonza is an employee or independent contractor then be presumed not free or voluntary

8
Labor Law I
- After petition names become known thus it is not unexpected for the
opposing party to use foul means
DISPO
Director orde, reversed and set aside
Martinez vs. NLRC
FACTS:
Private respondent worked for raul martinez as drivers raul martinez was an operator of 2
taxicab units under the business name PAMA TX and 2 additional units under the name P.J.
TIGER TX. Respondents alleged that they have been regular drivers of raul martinez since
1989 and not once did they receive a 13th month pay. Raul martinez died on march 18 1992
leaving behind his mother, petitioner nelly acta martinez.
Petitioner took over the management and operation of the business on or about june 22, 1992
she informed the respondents that he was selling the units together with their franchises.
However, petitioner did not proceed with her plan;instead she assigned the units to other
drivers on july 14 1992 respondents filed a complaint against raul martinez and petitioner
before labor arbiter for violation of p.o. 851 and illegal dismissal (p.o. 851: requiring all
employers to pay their employees a 13 month pay.)
Petitioner contends that the claim is personal and did not survive the death of her son and that
respondents were not employees of her son. But instead lessees.
August 1993 labor arbiter dismissed the case on the following grounds.
(a.) claims being were extinguished upon the death of raul martinez; (b) petitioner lack
competence to manage the business ; (c) there was no employer-employee relationship.
On January 1994. respondent NLRC set aside the appealed decision and as alternative to
reinstatement, ordered petitioner to grant respondent separation pay. According to NLRC (a.)
respondents were regular drivers because of the payment of wages, (b) management on
business was passed on to petitioner and (c.) claims survived the death of raul martinez
considering business did not cease operation outright. Motion for reconsideration was denied.
Hence the petition.
On October 11, 1995 the court issued a temporary restraining order enjoining the
execution of the assailed decision of NLRC petitioner imputes grave abuse of discretion of
NLRC reversing the decision of the labor arbiter, and that is acted as a probate court when it
assumed jurisdiction over the estate of the deceased.
RULING:
1. whether or not the claiming being personal were extinguished upon the
death of raul martinez.
- the court stated that “the rule is settled that unless expressly assumed,
labor contracts are not enforceable against the transferee of an enterprise.
“ the reason for the rule is that labor contracts are in person am ( against
the person ), and that claims for back wages earned from the former
employer cannot be filed against the new owners of an enterprise. Nor is
the new operator of a business liable for claims for retirement pay of
employees. Thus the claim of private respondents should have been filed
instead in the intestate proceedings involving the estate of raul martinez.
2. whether or not there was an employer – employee relationship between
raul martinez and private respondents,
- in national labor union vs. dinanglasan, this court ruled that the
relationship between jeepney owners/ operators on one hand and jeepney
drivers on the other under the boundary system is that of employer-
employee and not of lessor-lessee. Therein we explained that in the
leased f chattels the lesser loses complete control over the chattel leased
although the lessee cannot be reckless in the use thereof, otherwise he
III.
would be responsible for the damages to the lessor. In the case of jeepney
owners/operators and jeepney drivers, the former exercise supervision
and control over the latter. The fact that the drivers do not received fix
IV.
wages but get only that in excess of the so-called “boundary” they pay to
the owner/operator is not sufficient to withdraw the relationship between
them from that of employer and employee. The doctrine is applicable by
analogy to the present case. Thus, private respondents were employers of
paul martinez because they had been engaged to perform activities which
were usually necessary or desirable in the usual business or trade of the
employer.
3. do private respondents, being then employees of raul martinez,
necessarily continue to be employees of the petitioner as the new operator
of the business? In the affirmative, were they illegally dismissed?
- the factual findings of quasi-judicial agencies such as respondent NLRC,
which have acquired expertise in matters entrusted to their jurisdiction, are
accorded by this court not only respect but also finality if they are
supported by substantial evidence or that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion.
As NLRC found the business was passed on to petitioner before her son
died, and despite the information she gave that she will sell the business
and extend separation benefits to complainants, no such thing occurred.
However, the above findings were culled from mere allegations is not an
evidence. It is a basic rule in evidence that each party must prove his
affirmative allegation. Clear, such finding emanates from grave abuse of
discretion.
DISPO
Petition is granted
NLRC decision is set aside.
The decision of labor arbiter is reinstated.
Kapisanang Manggagawang Pinagyakap vs. National Labor
Relation Commission
FACTS:
That the negotiated daily wage increase of P1.33 granted and embodied in the parties
collective bargaining agreement could be credited to and deducted from the P60.00 monthly or
P2.00 daily living allowance. Required by PO. 1123 which in effect nullified the hard earned
daily wage increase in their CBA.
The labor arbiter in rendering the decision relied primarily on section 1 (k) of the
labor department’s rule and regulation implementing P.D. 1123. on appeal, the NLRC
dismissed the appeal on the ground that the adverse party was not furnished with a copy of its
memorandum of appeal.
ISSUE
I. Whether sec. I (k) of the rules implementing P.D. 1123
contravenes the statutory authority granted the secretary of
labor issued a set of rules which exements not only
distressed employers but also those who have granted in
addition to the allowance under P.D. 525, at least P60
monthly wage increase, provided that these who paid less
than this amount shall pay the difference. Clearly the
inclusion of paragraph k contravenes the statutory authority
granted to the secretary of labor, and the same therefore is
void.
II. Whether or not the failure to serve a copy of memorandum
of appeal would warrant the dismissal of the petition, it would
be inconsistent with the requirement of social justice and
with the constitutional mandate on protection to labor to
warrant the dismissal of the appeal on mere grounds of
techinicality.
Phillippine Association of Service Exporters, Inc vs. Drilon
FACTS
That on may 1988, the government lifted the deployment ban on 5 countries, which was
impose by the DOLE. Due to maltreatment on Filipino women workers in several countries the
petitioner a recruitment firm for overseas placement, assails the dept. order # 1 right to travel,
invalid exercise of law making power, violates non-impairment of contracts.
ISSUE
Whether or not dept. order # 1 is valid
I. Equality before the law does not import identity of rights there is valid
classification where 1.) it rest on substantial distinctions 2. Are germane to the
purposes of law 3.) are not confined to existing conditions of law 3.) They apply
equally to all members of the same class.
- Discrimination is valid. The same situation does not happen to men.
It is germane to its purposes as it is for the protection of Filipino workers abroad
that it does not narrowly to existing conditions exist. Not applicable to all females
abroad. Not all have similar circumstances.
II. Right to travel is not absolute it is subject to requirements, such as public safety ,
as may be provided by law.
It is true that police power is the domain of the legislature, but it does not mean that
it may not be lawfully delegated. The labor code itself vises the dole with rule making powers.
The rights granted for worker’s participation and the non-impairment clause, again,
must submit to the demands and necessities of the state’s power of regulation. What concerns
the constitution more is that employment be just and humane.
DISPO
Petition dismissed.
Sime Darby Pilipinas inc. vs. NLRC ( 2nd Division)
FACTS:
SIME DARBY PILIPINAS, petitioner , is a manufacturer of automotive products that on aug.
1992, petitioner issued a memorandum for monthly salaried employees (except those in the
warehouse and Q.A department ) changing the schedule from 7:45 am – 3: 45 p with 30 min
paid lunch to 7:45 am – 4 45:pm with one hour lunch break
Private respondent filed a complaint in labor arbiter for unfair labor practice,
discrimination and evasion of liability. Pursuant to SIME DARBY vs. NLRC the labor arbiter
dismissed the complaint and held that the previous DARBY case was not applicable . upon
appeal the same was sustained and dismissed by NLRC. However, upon motion for
reconsideration the NLRC with 2 new commissioner revered the decision and applied the
previous DARBY case.
ISSUE
9
Labor Law I
I. whether or not petitioner committed unfair labor practice.
- no. the right to fix the work schedules of the employees rest principally on
their employer even as law is solutious of the welfare of the employees it
must also protect the right of an employer to exercise what are clearly
management prerogatives. Management also has rights which as such,
are entitled to respect and enforcement in the interest of simple fair play.
there was no diminution of benefits as the 1-hour is undisturbed. Thus,
need not be compensated
earlier DARBY case is not applicable the previous case was about
depriving certain employees of their lunch which constitutes discrimination.
The present case does not pertain to an issue of discrimination but whther
the change of work schedule constitutes ULP.
DISPO
Petition granted
NLRC decision is set aside labor arbiter decision dismissing the complaint
is affirmed.
Globe Mackay Cable and Radio Corporation vs. NLRC
FACTS:
Private respondent, Imelda Salazar, was employed by globed-mackay cable and radio
corporation as general system analyst. Also employed by the petitioner was delfin saldivar and
manager for technical support operation’s support with whom private respondent was allegedly
very close.
Sometime 1984, conducted an investigation on saldivar’s activities the report indicated that
saldivar entered into a partnership with a supplier of petitioner often recommended by saldivar.
The report also disclosed that saldivar was in possession of several air conditioned units
owned by the company.
The report likewise showed that Salazar violated company regulations by
involving into activities in conflict with the company’s interest. Moreover, it showed that Salazar
signed as a witness in the partnership entered by saldivar and also had knowledge of the loss
of the air conditioner units and failed to report to the employer.
Consequently, Salazar was placed under preventive suspension and was asked for an
explanation but instead of submitting an explanation. Private respondent filed a complaint for
illegal dismissal after petitioner notified her into writing that she was dismissed for failure to
refute and disprove these findings.
Labor arbiter ordered petitioner to reinstate Salazar to her former and equivalent
position and to ay full backwages and other benefits plus P50.000 for moral damages. NLRC
affirmed the decision with respect to reinstatement but limited the backwages to two yerars.
ISSUE
I. preventive suspension was the proper
remedial recourse available to the company
pending salazar’s investigation it does not
signify that the company has adjudge the
employee guilty of the charges. Such
disciplinary measure is resorted to for the
protection of the company’s property
pending investigation of any alleged
malfeasance or misfeasance committed by
the employee.
II. Whether private respondent was illegally
dismissed petitioner has
predicated its dismissal of Salazar on loss
of confidence. While loss of confidence or
breach of trust is a valid ground for
termination, it must rest on some basis
which must be convincingly established an
employee may not be dismissed on mere
presumptions or suppositions.
III. Employees illegally dismissed entitled to
reinstatement and full backwages
- the intendment of the law in prescribing the twin remedies of reinstatement
and payment of backwages is to restore the employee of her status before
she lost her job and to give her back the income lost during the period of
unemployment. Both remedies, looking to the past, would perforce make
her whole.
- The principle of “ strained relations” cannot be applied indiscriminately.
Here it has not been proven that the position of the private respondent as
system analyst may be characterized as a position of trust and confidence
such that if reinstated, it may well lead to strained relations between
employer and employee
DISPO
NLRC decision affirmed
Tan vs. Lagrama
FACTS:
Petitioner Rolando tan is the president of supreme theater corporation and the general
manager of crown and empire theater in butuan city. Private respondent leovildo lagrama is a
painter, making ad billboards and murals for the motion pictures shown at the empress,
supreme and crown theaters for more than 10 years from September 1, 1988 to October 17
1998.
On October 17, 1998 lagrama was summoned and was scolded for urinating on
his work area and was asked not to draw anymore.
Lagrama denied the charged against him. He claimed that he was not the only one who
entered the drawing are and that even if the charge was true, it was a minor infraction to
warrant his dismissal. However everytime he spoke. Tan showed at him to get out, leaving him
no choice but to leave the premises.
Lagrama filed a complaint with the sub-regional arbitration branch no. x of the
NLRC in butuan city. He alleged that he had been illegally dismissed and sought
reinvestigation and payment of 13th month pay, service incentive leave pay, salary differential,
and damages.
Tan denied that lagrama was his employee. He asserted that lagrama was an independent
contractor.
On june 1999, labor arbiter found tan guilty of illegal dismissal and grand petition.
Upon appeal to the NLRC fifth division, cagayan de oro city which rendered a decision finding
lagrama to b an independent contractor,and for this reason reversing the decision of the labor
arbiter. NLRC denied motion for reconsideration
A. petition for certiorari was filed before the court of appeals which found that tan exercises
control over lagrama’sit is a method of computing compensation, not a basis for determining
the existence or absence of employer-employee relationship. In the case at bar petitioner did
not present the payroll to support his claim that lagrama was not his employee
B. the primary standard for determining regular employment is the reasonable connection
between the particular activity performed by the employee in relation to the usual trade or
business of the employer. In this case there is such a connection between the job of lagrama
painting billboards and murals and the business of the petitioned.
C. the fact the lagrama was not reported as an employee to the SSS is not conclusive on the
question of whether he was an employee of petitioner. Otherwise an employer would be
rewarded for his failure or even neglect to perform his obligation.
D. neither does the fact that lagrama painted for other persons affect or alter his employment.
Relationship with petitioner.That he did 50 only during weekends has not been denied by
petitioner.
E. lagrama had been employed by petitioner since 1988.under the law, therefore, he is
deemed a regular employee and is thus entitled to security of tenure, as provided in art. 279 of
labor code.
This court has held that if the employee has been performing the job for at least
one year, even if he not continuously but intermittently, the repeated and continuing need for
its performance is sufficient evidence of the necessity, if not indispensability, of that activity to
the business of his employermence the employment is also considered regular although with
respect only to such activity and while such activity exists.
F. whether or not lagrama abandoned his work. There is no evidence to show this
abandonment. Requires two elements: 1. the failure to report for work or absence without valid
or justifiable reason and 2. a clear intention to server the employer-employee relationship , with
the second element as the more determinative factor and being manifested by some overacts.
Mere absence is not sufficient, and the burden is on the part of the employer to show a
deliberate and unjustified refusal on the part of the employee to resume his employment
without any intention of returning the court affirmed the court of appeals ruling that, private
respondent (herein petitioner ) has not established clear proof of the intention of the petitioner
to abandon his job or to sever the employment relationship between him and the private
respondent. On the contrary, it was the private respondent who told that he did not want the
latter to draw for him and thereafter refused to give him work to do or any mural or billboard to
paint or drawn on.
II. whether or not private respondent lagrama was illegally dismissed. – to begin, the employer
has the burden of proving the lawfulness of his employee’s dismissal. Labor code provides that
no worker shall be dismissed except for a just or authorized cause provided by law and after
due process.
In this case, by his refusal to give lagrama work to do and ordering lagrama to
get out of his sight as the latter tried to explain his side, petitioner made it plain that lagrama
was dismissed. Urinating in a work place other than the one designated for the purpose
constitutes valid g___ for dismissal. However, there is no evidence that lagrama did urinate in
a place other than the rest room in the premises of his work.
III. the grant of separation pay in LIEU of reinstatement is appropriate because the relationship
between the employer and employee has been so strained that reinstatement would no longer
serve any purpose.
IV. the bureau of working conditions classifies workers paid by results into two groups, namely
1. those whose time and performance is supervised by the employer and 2. those whose time
or performance is unsupervised by the employer. The first involves an element of control and
supervision over the manner the work is to be performed, while the second does not. If a piece
worker is supervised, there is an employer-employee relationship. As in this case. However
such an employee is not entitled to service incentive leave pay since he is paid a fixed amount
for work done. Regardless of the time he spent in accomplishing such work.
DISPO:
Petition is denied. Decision of labor arbiter is affirmed with modification that the back wages
and other benefits awarded to private respondent should be computed from the time of his
dismissal up to the time of the finality of this decision, without any deduction and qualification.
However, the service incentive leave pay awarded to him is deleted.
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