2012 BAR EXAMINATIONS b.

Employee is paid for overtime work an additional

LABOR LAW compensation equivalent to his regular wage plus at least
30% thereof;
7 October 2012 2:00 P.M. - 3:30 P. M. c. Employee is paid for overtime work an additional
compensation equivalent to his regular wage plus at least
Set A 20% thereof;
d. None of the above.
4. May the employer and employee stipulate that the latter’s regular
or basic salary already includes the overtime pay, such that when
MARTIN S. VILLARAMA, JR.
the employee actually works overtime he cannot claim overtime
Chairperson
pay?
2012 Bar Examinations Committee
a. Yes, provided there is a clear written agreement
knowingly and freely entered into by the employees;
LABOR LAW b. Yes, provided the mathematical result shows that the
agreed legal wage rate and the overtime pay, computed
separately, are equal to or higher than the separate
1. The workers worked as cargadores at the warehouse and
amounts legally due;
ricemills of farm A for several years. As cargadores, they loaded,
c. No, the employer and employee cannot stipulate includes
unloaded and pilled sacks of rice from the warehouse to the
the overtime pay;
cargo trucks for delivery to different places. They were paid by
d. A and B.
Farm A on a piece-rate basis. Are the workers considered regular
5. The following are instances where an employer can require an
employees?
employee to work overtime, except:
a. Yes, because Farm A paid wages directly to these
a. In case of actual or impending emergencies caused by
workers without the intervention of any third party
serious accident, fire, flood, typhoon, earthquake,
independent contractor;
epidemic or other disaster or calamity to prevent loss of
b. Yes, their work is directly related, necessary and vital to
life and property, or imminent danger to public safety;
the operations of the farm;
b. When the country is at war or when other national or local
c. No, because Farm A did not have the power to control the
emergency has been declared by the national assembly
workers with respect to the means and methods by which
or the chief executive;
the work is to be accomplished;
c. When there is urgent work to be performed on machines,
d. A and B.
installations, or equipment or some other cause of similar
2. The following are excluded from the coverage of Book III of the
nature;
Labor Code of the Philippines (Conditions of employment) except:
d. Where the completion or contribution of the work started
a. Field personnel;
before the eight hour is necessary to prevent serious
b. Supervisors;
obstruction or prejudice to the business or operations of
c. Managers;
the employer.
d. Employees of government-owned and controlled
6. Z owns and operates a carinderia. His regular employees are his
corporations.
wife, his two (2) children, the family maid, a cook, two (2) waiters,
3. Work may be performed beyond eight (8) hours a day provided
a dishwasher and a janitor. The family driver occasionally works
that:
for him during store hours to make deliveries. On April 09, the
a. Employee is paid for overtime work an additional
dishwasher did not report for work. The employer did not give his
compensation wquivalent to his regular wage plus at least
pay for that day. Is the employer correct?
25% thereof;
a. No, because employees have a right to receive their
regular daily wage during regular holidays;
 b. Yes, because April 09 is not regular holidays; employees. However, K absconded with the money leaving the
c. Yes, because of the principle of "a fair day’s wage for a employees unpaid. The disgruntled employees demanded from G
fair day’s work"; the payment of their salaries. Is G liable?
d. Yes, because he employs less than ten (10) employees. a. No, because G has already remitted the employees’
7. For misconduct or improper behavior to be just cause for salaries to K, validly excusing G from liablity;
dismissal, the following guidelines must be met, except: b. Yes, because he is jointly and solidarily liable for
a. It must be serious; whatever monetary claims the employees may have
b. It must relate to the performance of the employee’s against K;
duties; c. Yes, because of the principle of "a fair day’s wage for a
c. It should not be used as a subterfuge for causes which fair day’s work";
are improper, illegal or unjustified; d. B and C.
d. It must show that the employee has become unfit to 11. Corporation X is owned by L’s family. L is the President. M, L’s
continue working for the employer. wife, occasionally gives loans to employees of Corporation X. It
8. The Company lawyer sent a memo to the employee informing was customary that loan payment were paid to M by directly
him of the specific charges against him and giving him an deducting from the employee’s monthly salary. Is this practice of
opportunity to explain his side. In a subsequent letter, the directly deducting payments of debts from the employee’s wages
employee was informed that, on the basis of the results of the allowed?
investigation conducted, his written explanation, the written a. Yes, because where the employee is indebted to the
explanation of other employees as well as the audit report, the employer, it is sanctioned by the law on compensation
management has decided to terminate his employment. The under Article 1706 of the Civil Code;
employee contended that his termination was illegal for lack of b. Yes, because it has already become customary such that
procedural due process. Is the employee’s contention correct? no express authorization is required;
a. No, the employee’s written explanation and written c. No, because an employee’s payment of obligation to a
explanation of the other employees were sufficient basis third person is deductible from the employee’s wages if
for the employer to terminate his employment; the deduction is authorized in writing;
b. Yes, because the employer did not abide by the two- d. No, because Article 116 of the Labor Code absolutely
notice rule; prohibits the withholding of wages and kickbacks. Article
c. Yes, because he was not properly afforded the chance to 116 provides for no exception.
explain his side in a conference; 12. Union X staged a strike in front of Company B because of A CBA
d. No, because the written notice of the cause of dismissal deadlock. During the strike, Company B hired replacement
afforded him ample opportunity to be heard and defend workers. Upon resuming their employment, the strikers found that
himself, and the written notice of the decision to terminate Company B hired replacement workers in their place. Is Company
him which states the reasons therefor, complies with the B obliged to reinstate the returning workers?
two-notice rule. a. No, because the strike caused work stoppage;
9. The Supreme Court categorically declared that separation pay b. No, because it is a valid exercise of management
shall be allowed as a measure of social justice only in those prerogative;
instances where the employee is validly dismissed for cause c. Yes, because workers who go on strike do not lose their
other than: employment status;
a. Serious Misconduct; d. Yes, because workers are entitled to such retention every
b. Gross and habitual neglect of duties; time during a valid strike.
c. Willful disobedience to lawful orders; 13. Which of the following is not a valid reason for a strike?
d. Fraud or willful breach of trust. a. There is a bargaining deadlock;
10. K is a legitimate contractor hired by G for six (6) months. On the b. There is a prevailing intra-union dispute;
third month, G remitted to K the salaries and wages of the c. The company engaged in unfair labor practice;
 d. Theirs is a flagrant violation of CBA’s economic b. One (1) year pay, Art. 283 of the Labor Code being
provisions. explicit that "a fraction of at least six (6) months shall be
14. Iya, 15 years old, signed up to model a clothing brand. She considered one ( 1) whole year";
worked from 9am to 4pm on weekdays and 1pm to 6pm on c. Six (6) months pay;
Saturdays for two (2) weeks. She was issued a child working d. One (1) year and six (6) months pay, as Art. 4 of the
permit under RA 9231. Which of the following statements is the Labor Code mandates that "(a)ll doubts in the
most accurate? implementation and interpretation of this Code xxx shall
a. Working permit for Iya’s employment is not required be resolved in favor of labor".
because the job is not hazardous; 19. The power to suspend or cancel a license to recruit employees is
b. Her work period exceeds the required working hours for vested on:
children aged 15 years old; a. The Secretary of Labor and Employment;
c. To require a 15-year old to work without obtaining the b. The POEAAdministrator;
requisite working permit is a form of child labor; c. A and B 'concurrently;
d. Iya, who was engaged in a work that is not child labor, is d. Neither of them.
a working child. 20. The State shall allow the deployment of overseas Filipino workers
15. Under employee’s compensation, the so-called "Theory of only in countries where the rights of Filipino migrant workers are
Increased Risks" is relevant when: protected. Which of the following is not a guarantee, on the part
a. There is a need to categorize a disability as permanent of the receiving country, for the protection of the rights of OFW's?
and total; a. It has existing labor and social laws protecting the rights
b. It is not clear as to how an injury was sustained; of migrant workers;
c. The ailment or sickness is not classified as an b. It promotes and facilitates re-integration of migrants into
occupational disease; the national mainstream;
d. There is a prima facie finding that the employee had willful c. It is a signatory to and/or ratifier of multilateral
intention to hurt himself. conventions, declarations or resolutions relating to the
16. Which of the frollowing injuries/death is not compensable? protection of migrant workers;
a. Injuries sustained by a technician while at a field trip d. It has concluded a bilateral agreement or arrangement
initiated by the Union and sponsored by the Company; with the government on the protection of the rights of
b. Injuries received by a jani tor at a Union election meeting; overseas Filipino workers.
c. Death of a bank teller because of a bank robbery; 21. Which is not a procedural requirement for the correction of wage
d. Death of a professor who was hit by a van on his way distortion in an unorganized establishment?
home from work. a. Both employer and employee will attempt to correct the
17. The provisions of the Labor Code on the Working Conditions and distortion;
Rest Periods of employees are inapplicable to the following b. Settlement of the dispute through National Conciliation
employees, except : and Mediation Board (NCMB);
a. A supervisor in a fast food chain; c. Settlement of the dispute through voluntary arbitration in
b. A family driver; case of failure to resolve dispute through CBA dispute
c. A laborer without any fixed salary, but receving a mechanism;
compensation depending upon the result of his work; d. A and B.
d. A contractual employee. 22. In what situation is an employer permitted to employ a minor?
18. Bugay, an employee with only six (6) months of service, was a. 16-year old child actor as a cast member in soap opera
dismissed due to redundancy. He is, under Art. 283 of the Labor working 8 hours a day, 6 days a week;
Code, entitled to a separation pay of: b. A 17-year old in deep sea-fishing;
a. One (1) month pay; c. A 17 -year old construction worker;
d. A 17-year old assistant cook in a family restaurant.
23. The most important factor in determining the existence of an 27. Who has jurisdiction over a money claim instituted by an
employer-employee relationship is the: overseas Filipino worker?
a. Power to control the method by which employees are a. Labor Arbiter;
hired and selected; b. National Labor Relations Commission;
b. Power to control the manner by which employees are c. Labor Arbiter concurrently with the regular courts.;
transferred from one job site to another; d. National Labor Relations Commission concurrently with
c. Power to control the results achieved by giving guidelines the regular courts.
to the employees; 28. Which of the following is not a valid wage deduction?
d. Power to control the results to be achieved and the a. Where the worker was insured with his consent by the
employee's method of achieving the task. employer, and the deduction is allowed to recompense
24. A neighbor's gardener comes to you and asks for help because the employer for the amount paid by him as the premium
his employer withheld his salary for two (2) months amounting to on the insurance;
P4,000.00. Where will you advise him to file his complaint? b. When the wage is subject of execution or attachment, but
a. Labor Arbiter; only for debts incurred for food, shelter, clothing and
b. DOLE Regional Director; medical attendance;
c. Conciliator/Mediator; c. Payment for lost or damaged equipment provided the
d. MTC Judge. deduction does not exceed 25°/o of the employee's salary
25. What is the nature of the liabilities of the local recruitment agency for a week;
and its foreign principal? d. Union dues.
a. The local agency is jointly liable with the foreign principal; 29. Is the contractor a necessary party in a case where labor
severance of relations between the local agent and the contracting is the main issue and labor-only contracting is found
foreign principal dissolves the liability of the local agent to exist?
recruiter; a. Yes, the contractor is necessary in the full determination
b. Local agency is solidarily liable with the foreign principal; of the case as he is the purported employer of the worker;
severance of relations between the local agent and the b. Yes, no full remedy can be granted and executed without
foreign principal dissolves the liability of the foreign impleading the purported contractor;
principal. only; c. No, the contractor becomes a mere agent of the
c. Local agency is solidarily liable with the foreign principal; employer-principal in labor contracting;
severance of relations between the local agent and d. No, the contractor has no standing in a labor contracting
foreign principal does not affect the liability of the foreign case.
principal; 30. Who among the following is not entitled to 13th month pay?
d. Local agency is jointly liable with the foreign principal; a. Stephanie, a probationary employee of a cooperative
severance of the relations between the local agent and bank who rendered six (6) months of service during the
the foreign principal does not affect the liability of the local calendar year before filing her resignation;
recruiter. b. Rafael, the secretary of a Senator;
26. Which phrase is the most accurate to complete the statement - A c. Selina, a cook employed by and who lives with an old
private employment agency is any person or entity engaged in maid and who also tends the sari-sari store of the latter;
the recruitment and placement of workers: d. Roger, a house gardener who is required to report to work
a. for a fee, which is charged directly from the workers. only thrice a week.
b. for a fee, which is charged directly from employers. 31. Which type of employee is entitled to a service incentive leave?
c. for a fee, which is charged directly or indirectly from a. managerial employees;
workers, employers or both. b. field personnel;
d. for a fee, which is charged from workers or employers, c. government workers;
which covers both local and overseas employment. d. part-time workers.
32. A wage order may be reviewed on appeal by the National Wages bathroom of her home and had a miscarriage. Meanwhile,
and Productivity Commission under these grounds, except: Company X neglected to remit the required contributions to the
a. grave abuse of discretion; SSS. Jennifer claims maternity leave benefits and sickness
b. non-conformity with prescribed procedure; benefits. Which of these two may she claim?
c. questions of law; a. None of them;
d. gross under or over-valuation. b. Either one of them;
33. The following may file a Petition for Certification Election, except: c. Only maternity leave benefits;
a. The employer; d. Only sickness benefits.
b. The legitimate labor organization; 38. H files for a seven-day paternity leave for the purpose of lending
c. The Federation on behalf of the chapter; support to his wife, W, who suffered a miscarriage through
d. The Workers' Association. intentional abortion. W also filed for maternity leave for five
34. The following are grounds to deny the Petition for Certification weeks. H and W are legally married but the latter is with her
Election, except: parents, which is a few blocks away from H's house. Which of the
a. The petitioning union is illegitimate or improperly following statements is the most accurate?
registered; a. Paternity leave shall be denied because it does not cover
b. Non-appearance for two consecutive schedules before aborted babies;
the Med-Arbiter by petitioning union; b. Paternity leave shall be denied because W is with her
c. The inclusion of members outside the bargaining unit; parents;
d. Filed within an existing election bar. c. Maternity leave shall be denied because it does not cover
35. In response to Company X's unfair labor practices, a union officer aborted babies;
instructed its members to stop working and walk out of the d. Maternity leave shall be denied because grant of paternity
company premises. After three (3) hours, they voluntarily returned leave bars claim for maternity leave.
to work. 39. Which of the following is not a privilege of a person with disability
under the Magna Carta for disabled persons?
Was there a strike and was it a valid activity? a. At least 20%_ discount on purchase of medicines in all
drugstores;
a. Yes, it was a strike; yes, it was a valid activity; b. Free transportation in public railways;
b. Yes, it was a strike; no, it was not a valid activity; c. Educational assistance in public and private schools
c. No, it was not a strike; yes, it was a valid activity; through scholarship grants;
d. No, it was not a strike; no, it was not a valid activity. d. A and C.
36. Which of the following is not considered an employer by the terms 40. Which of the following is not a regular holiday?
of the Social Security Act? a. New Year's Eve;
a. A self-employed person; b. Eidil Fitr;
b. The government and any of its political subdivisions, c. Father's Day;
branches or instrumentalities, including corporations d. lndepenaence Day.
owned or controlled by the government; 41. Which is a characteristic of a labor-only contractor?
c. A natural person, domestic or foreign, who carries on in a. Carries an independent business different from the
the Philippines, any trade, business, industry, undertaking employer's;
or activity of any kind and uses the services of another b. The principal's liability extends to all rights, duties and
person who is under his orders as regards the liabilities under labor standards laws including the right to
employment; self-organization;
d. A foreign corporation. c. No employer-employee relationship;
37. Jennifer, a receptionist at Company X, is covered by the SSS.
She was pregnant with her fourth child when she slipped in the
 d. Has sufficient substantial capital or investment in a. An indirect employer, by operation of law, of his
machinery, tools or equipment directly or intended to be contractor's employees; he becomes solidarily liable with
related to the job contracted. the contractor not only for unpaid wages but also for all
42. What is not an element of legitimate contracting? the rightful! claims of the employees under the Labor
a. The contract calls for the performance of a specific job, Code;
work or service; b. Treated as direct employer of his contractor's employees
b. It is stipulated that the performance of a specific job, work in all instances; he becomes subsidiarily liable with the
or service must be within a definite predetermined period; contractor only in the event the latter fails to pay the
c. The performance of specific job, work or service has to be employees' wages and for violation of labor standard
completed either within or outside the premises of the laws;
principal; c. An indirect employer, by operation of law, of his
d. The principal has control over the performance of a contractor's employees; he becomes solidarily liable with
specific job, work or service. the contractor only in the event the latter fails to pay the
43. Which is a characteristic of the learner? employees' wages and for violation of labor standard
a. A person is hired as a trainee in an industrial occupation; laws;
b. Hired in a highly technical industry; d. Treated as direct employer of his contractor's employees
c. Three (3) months practical on-the-job training with in all instances; the principal becomes solidarily liable with
theoretical instruction; the contractor not only for unpaid wages but also for all
d. At least 14 years old. the rightful claims of the employees under the Labor
44. What is not a prerequisite for a valid apprenticeship agreement? Code;
a. Qualifications of an apprentice are met; 48. Kevin, an employee of House of Sports, filed a complaint with the
b. A duly executed and signed apprenticeship agreement; DOLE requesting the investigation and inspection of the said
c. The apprenticeship program is approved by the Secretary establishment for labor law violations such as underpayment of
of Labor; wages, non-payment of 13th month pay, non-payment of rest day
d. Included in the list of apprenticeable occupation of pay, overtime pay, holiday pay, and service incentive leave pay.
TESDA. House of Sports alleges that DOLE has no jurisdiction over the
45. Which is not a constitutional right of the worker? employees' claims where the aggregate amount of the claims of
a. The right to engage in peaceful concerted activities; each employee exceeds P5,000.00, whether or not accompanied
b. The right to enjoy security of tenure; with a claim for reinstatement. Is the argument of House of Sports
c. The right to return on investment; tenable?
d. The right to receive a living wage. a. Yes, Article 1 ~9 of the Labor Code shall apply, and thus,
46. Employee-employer relationship exists under the following, the Labor Arbiter has jurisdiction;
except : b. No, Article 128 (b) of the Labor Code shall apply, and
a. Jean, a guest relations officer in a nightclub and Joe, the thus, the DOLE Regional Director has jurisdiction;
nightclub owner; c. Yes, if the claim exceeds P5,000.00, the DOLE Secretary
b. Atty. Sin' Cruz, who works part-time as the resident in loses jurisdiction;
house lawyer of X Corporation; d. No, a voluntarily arbitrator has jurisdiction because the
c. Paul, who works as registered agent on commission basis matter involved is a grievable issue.
in an insurance company; · 49. Which of the following is not compensable as hours worked?
d. Jack and Jill, who work in X Company, an unregistered a. Travel away from home;
Association. b. Travel from home to work;
47. With respect to legitimate independent contracting, an employer c. Working while on call;
or one who engages the services of a bona fide independent d. Travel that is all in a day's work.
contractor is -
50. It is defined as any union or association of employees which c. Yes, it is in the interest of the parties that the dispute be
exists in whole or in part for the purpose of collective bargaining resolved on the establishment level;
with employers concerning terms and conditions of employment. d. No, a voluntary arbitrator must take cognizance once
a. Bargaining representative; termination is made effective.
b. Labor organization; 55. Peter worked for a Norwegian cargo vessel. He worked as a
c. Legitimate labor organization; deckhand, whose primary duty was to assist in the unloading and
d. Federation. loading of cargo and sometimes, assist in cleaning the ship. He
51. This process refers to the submission of the dispute to an signed a five-year contract starting in 2009. In 2011, Peter's
impartial person for determination on the basis of the evidence employers began treating him differently. He was often
and arguments of the parties. The award is enforceable to the maltreated and his salary was not released on time. These were
disputants. frequently protested to by Peter. Apparently exasperated by his
a. Arbitration; frequent protestations, Peter's employer, a once top official in
b. Mediation; China, suddenly told him that his services would be terminated as
c. Conciliation; soon as the vessel arrived at the next port, in Indonesia. Peter
d. Reconciliation. had enough money to go back home, and immediately upon
52. The Regional Director or his representative may be divested of arriving, he filed a money claim with the NLRC against his former
his enforcement and visitorial powers under the exception clause employer's local agent. Will Peter's case prosper?
of Article 128 of the Labor Code and, resultantly, jurisdiction may a. Yes, he is entitled to full reimbursement of his placement
be vested on the labor arbiter when three (3) elements are fee, with' interest at 12°/o per annum, plus salary for the
present. Which of the following is not one of the three (3) unexpired portion of his employment contract or for three
elements? (3) months for every year of the unexpired portion,
a. Employer contests the findings of the labor regulations whichever is higher;
officers and raises issues thereon; b. Yes, he is entitled to full reimbursement of his placement
b. In order to resolve any issues raised, there is a need to fee, with interest at 12% per annum, plus his salary for the
examine evidentiary matters; unexpired portion of his employment contract or for three
c. The issues raised should have been verifiable during the (3) months for every year of the unexpired portion,
inspection; whichever is less;
d. The evidentiary matters are not verifiable in the normal c. Yes, he is entitled to his salaries for the unexpired portion
course of inspection . of his employment contract, plus full reimbursement of his
53. In what instances do labor arbiters have jurisdiction over wage placement fee with interest at ·12°/o per annum;
distortion cases? d. Yes, he is entitled to his salaries for three (3) months for
a. When jurisdiction is invoked by the employer and every year of the unexpired portion of his employment
employees in organized establishments; contract, plus full reimbursement of his placement fee with
b. When the case is unresolved by Grievance Committee; interest at 12°/o per annum.
c. After the panel of voluntarily arbitrators has made a 56. The following are exempt from the rules on minimum wages,
decision and the same is contested by either party; except:
d. In unorganized establishments when the same is not a. Household or domestic helpers; .
voluntarily resolved by the parties before the NCMM. b. Homeworkers engaged in needle work;
54. Is a termination dispute a grievable issue? c. Workers' in duly registered establishment in the cottage
a. Yes, if the dismissal arose out of the interpretation or industry;
Implementation of the CBA; d. Workers in the duly registered cooperative.
b. No, once there's actual termination, the issue is 57. Which of the following is a right and/or condition of membership in
cognizable by a Labor Arbiter; a labor organization?
 a. No arbitrary or excessive initiation fees shall be required a. A written notice to the employee specifying the grounds
of the members of a legitimate labor organization nor shall for his termination;
arbitrary, excessive or oppressive fine and forfeiture be b. A written notice to the DOLE at least thirty (30) days
imposed; before the effectivity of termination;
b. The members shall be entitled to full and detailed reports c. A written notice to the employee stating that upon
from their officers and representatives of all financial consideration of the circumstances, grounds have been
transactions as provided for in the constitution and bylaws established to justify his termination;
of the organization; d. An opportunity for the employee to present his evidence.
c. No labor organization shall knowingly admit as members 62. Under current jurisprudence, when the dismissal is for a just or
or continue in membership any individual who belongs to authorized cause but due process is not observed, the dismissal
a subversive organization or who is engaged directly or is said to be:
indirectly in any subversive activity; a. Void for denial of due process; hence, the employee
d. All of the above. should be reinstated;
58. Which phrase most accurately completes the statement - b. Void for lack. of due process, the employee should be
Members of cooperatives: paid full backwages;
a. can invoke the right to collective bargaining because it is c. Valid, for the dismissal is with just/authorized cause, but
a fundamental right under the Constitution. the employer shall be liable for nominal damages;
b. can invoke the right to collective bargaining because they d. Valid, even if due process is not observed, hence
are permitted by law. reinstatement should not be ordered.
c. cannot invoke the right to collective bargaining because 63. What is the quantum of evidence required in labor cases?
each member is considered an owner. a. The degree of proof which produces the conclusion that
d. cannot invoke the right to collective bargaining because the employee is guilty of the offense charged in an
they are expressly prohibited by law. unprejudiced mind;
59. Which of the following is not true in unfair labor practices b. Such amount of relevant evidence which a reasonable
committed by an employer? mind might accept as adequate to justify a conclusion;
a. Unfair labor practices cannot be committed unless the c. That degree of proof which is greater in weight than the
union has been formed and registered; opposing party's evidence;
b. The commission of unfair labor practice requires an d. Such evidence which must be highly and substantially
employer-employee relationship; more probable to be true than not which convinces the
c. The offense of unfair labor practice prescribes in one ( 1) trier of facts of its factuality.
year; 64. Which of the following statements is the most accurate?
d. The list of unfair labor practices is exclusive. a. Domestic helpers with monthly income of at least
60. Which of the following is correct with respect to the extent of the P3,000.00 are compulsory members of the SSS Law;
application of security of tenure? b. House helpers with monthly income of at least P2,000.00
a. It applies to managerial and to all rank-and-file employees are compulsory members of the SSS Law;
i f not yet regular, but not to management trainees; c. Domestic helpers, 55 years of age and who worked for at
b. It applies to managerial and to all rank-and-file employees least five (5) years, are covered by the Retirement Pay
including those under probation; Law under optional retirement, in the absence of a CBA;
c. It applies to seasonal and project employees, if they are d. Domestic helpers in the personal service of another are
hired repeatedly; not entitled to 13th month pay.
d. It applies to all kinds of employees except those 65. The decision of the Labor Arbiter in a labor dispute case is:
employed on a part-time basis. a. immediately executory;
61. Which of the following is not a procedural due process b. requires a writ of execution;
requirement in the termination of an employee for just cause?
 c. is immediately executory insofar as the reinstatement of a. Yes, such transfer should require an automatic additional
the employee is concerned; allowance; the non-granting of said allowance amounts to
d. is stayed by the appeal of the employer and posting of a diminution of benefit;
appeal bond. b. No, R failed to present evidence that the college
66. Which of the following is cognizable by the Bureau of Labor committed to provide the additional allowance or that they
Relations Med-Arbiters? were consistently granting such benefit as to have
a. Unfair labor practice for violation of the CBA filed by the ripened into a practice which cannot be peremptorily
Workers Union of Company X against Company X; withdrawn. Hence, there is no violation of the rule against
b. Claim for back wages filed by overseas contract worker diminution of pay;
Xena against her Saudi Arabian employer; c. No, R's re-assignment did not amount to constructive
c. Contest for the position of MG Union President brought by dismissal because the college has the right to transfer R
Ka Joe, the losing candidate in the recent union elections; based on contractual stipulation;
d. G contesting his removal as Chief Executive Officer of d. B and C.
Company Z. 69. At what particular point does a labor organization acquire a legal
67. J refused to comply with his deployment assignment with K, a personality?
manning agency. K filed a complaint against him for breach of a. On the date the agreement to organize the un1on is
contract before the Philippine Overseas Employment signed by the majority of all its members;
Administration (POEA). The POEA penalized J with one (1) year b. On the date the application for registration is duly filed
suspension from overseas deployment. On appeal, the with the Department of Labor.;
suspension was reduced to six (6) months by the Secretary of c. On the date appearing on the Certificate of Registration;
Labor. Is the remedy of appeal still available to J and where d. On the date. the Certificate of Registration is actually
should he file his appeal? issued.
a. Yes, he can file an appeal before the Court of Appeals via 70. How many years of service is the underground mine employee
a Petition for Certiorari under rule 65; required to have rendered in order to be entitled to retirement
b. Yes, he can file an appeal before the Supreme Court via benefits?
a Petition for Certiorari under Rule 65; a. 5;
c. Yes, he can file an appeal before the Office of the b. 10;
President since this is an administrative case; c. 15;
d. Yes, he can file an appeal before the National Labor d. 20.
Relations Commission because there is an employer- 71. What is the prescriptive period of all criminal offenses penalized
employee relationship. under the Labor Code and the Rules Implementing the Labor
68. R was employed as an instructor of Cruz College located in Code?
Santiago City, lsabela. Pursuant to a stipulation in R's a. 3 years;
employment contract that the college has the prerogative to b. 4 years;
assign R in any of its branches or tie-up schools as the necessity c. 5 years;
demands, the college proposed to transfer him to llagan, a nearby d. 10 years.
town. R filed a complaint alleging constructive dismissal since his 72. What is the nature of employment of househelpers?
re-assignment will entail an indirect reduction of his salary or a. Seasonal;
diminution of pay considering that additional allowance will not be b. Fixed-term;
given to cover for board and lodging expenses. R, however, failed c. Regular;
to prove that allowances were given in similar instances in the d. Probationary.
past. Is R's contention that he will suffer constructive dismissal in 73. The appeal to the NLRC may be entertained only on any of the
view of the alleged diminution of benefit correct? following grounds, except:
 a. If there is prima facie evidence of abuse of discretion on b. A deadlock in the negotiations for the collective bargaining
the part of the Labor Arbiter; agreement between College X and the Union prompted the latter,
b. If the decision, order or award was secured through fraud after duly notifying the DOLE, to declare a strike on November 5.
or coercion, including graft and corruption; The strike totally paralyzed the operations of the school. The
c. If made purely on questions of fact and law; Labor Secretary immediately assumed jurisdiction over the
d. If serious errors in the findings of facts are raised which dispute and issued on the same day (November 5) a return to
would cause grave or irreparable damage or injury to the work order. Upon receipt of the order, the striking union officers
appellant and members, on November 1, filed a Motion for Reconsideration
74. The following are unfair labor practices of employers, except: thereof questioning the Labor Secretary's assumption of
a. Interrogating its employees in connection with their jurisdiction, and continued with the strike during the pendency of
membership in the union or their union activities which their motion. On November 30, the Labor Secretary denied the
hampers their exercise of free choice; reconsideration of his return to work order and further noting the
b. The grant of profit-sharing benefits to managers, strikers' failure to immediately return to work, terminated their
supervisors and all rank-and-file employees not covered employment. In assailing the Labor Secretary's decision, the
by the CBA; Union contends that:
c. The cessation of a company's operations shortly after the
organization of a labor union and the resumption of 1. The Labor Secretary erroneously assumed jurisdiction
business barely a month after; over the dispute since College X could not be considered
d. Withdrawal by the employer of holiday pay benefits an industry indispensable to national interest;
stipulated under a supplementary agreement with the 2. The strikers were under no obligation to immediately
union. comply with the November 5 return to work order because
75. According to Article 78 of the Labor Code., a handicapped worker of their then pending Motion for Reconsideration of such
is one whose earning capacity is impaired by the following, order; and
except : 3. The strike being legal, the employment of the striking
a. Age; Union officers and members cannot be terminated. Rule
b. Physical Deficiency; on these contentions. Explain. (5%)
c. Mental Deficiency;
d. Psychological Deficiency. II.

- NOTHING FOLLOWS - In the Collective Bargaining Agreement (CBA) between Dana Films and
its rank-and-file Union (which is directly affiliated with MMFF, a national
federation), a provision on the maintenance of membership expressly
provides that the Union can demand the dismissal of any member
Set B employee who commits acts of disloyalty to the Union as provided for in
its Constitution and By-Laws. The same provision contains an
ESSAY – TYPE QUESTIONS undertaking by the Union (MMFF) to hold Dana Films free from any and
INSTRUCTIONS all claims of any employee dismissed. During the term of the CBA, MMFF
discovered that certain employee-members were initiating a move to
I. disaffiliate from MMFF and join a rival federation, FAMAS. Forthwith,
MMFF sought the dismissal of its employee-members initiating the
disaffiliation movement from MMFF to FAMAS. Dana Films, relying on
a. Distinguish Labor-Only contracting and Job-Only contracting. the provision of the aforementioned CBA, complied with MMFF's request
(5%) and dismissed the employees identified by MMFF as disloyal to it.
a. Will an action for illegal dismissal against Dana Films and MMFF employees. Rule on the Motion to Dismiss. Should it be granted
prosper or not? Why? (5%)) or denied? Why? (5%)
b. What are the liabilities of Dana Films and MMFF to the dismissed
employees, i f any? (5%) IV.

III. a. Juicy Bar and Night Club allowed by tolerance fifty (50) Guest
Relations Officers (GROs) to work without compensation in its
a. On August 01, 2008, Y, a corporation engaged in the establishment under the direct supervision of its Manager from
manufacture of textile garments, entered into a collective 8:00 P.M. To 4:00 A.M. everyday, including Sundays and
bargaining agreement with Union X in representation of the rank holidays. The GROs, however, were free to ply their trade
and-file employees of the corporation. The CBA was effective up elsewhere at anytime, but once they enter the premises of the
to June 20, 2011. The contract had an automatic renewal clause night club, they Were required to stay up to closing time. The
which would allow the agreement after its expiry date to still apply GROs earned their keep exclusively from commissions for food
until both parties would have been able to execute a new and drinks, and tips from generous customers. In time, the GROs
agreement. On May 10, 2011, Union X submitted to Y's formed the Solar Ugnayan ng mga Kababaihang lnaapi (SUKI), a
management their proposals for the negotiation of a new CBA. labor union duly registered with DOLE. Subsequently, SUKI filed
The next day, Y suspended negotiations with Union X since Y a petition for Certification Election in order to be recognized as
had entered into a merger with z,· a corporation also engaged in the exclusive bargaining agent of its members. Juicy Bar and
the manufacture of textile garments. Z assumed all the assets Night Club opposed the petition for Certification Election on the
and liabilities of Y. Union X filed a complaint with the Regional singular ground of absence of employer-employee relationship
Trial Court for specific performance and damages with a prayer between the GROs on one hand and the night club on the other
for preliminary injunction against Y and Z and Z filed a Motion to hand. May the GROs form SUKI as a labor organization for
Dismiss based on lack of jurisdiction. Rule on the Motion to purposes of collective bargaining? Explain briefly. (5%)
Dismiss. (5%) b. A spinster school teacher took pity on one of her pupils, a robust
b. X was one of more than one hundred (100) employees who were and precocious 12-year old boy whose poor family could barely
terminated from employment due to the closure of Construction afford the cost of his schooling. She lives alone at her house near
Corporation A. The Cruz family owned Construction Company A. the School after her housemaid had left. In the afternoon, she lets
Upon the closure of Construction Company A, the Cruzes the boy do various chores as cleaning, fetching water and all
established Construction Company B. Both corporations had the kinds of errands after school hours. She gives him rice and
same president, the same board of directors, the same corporate P100.00 before the boy goes home at 7:00 every night. The
officers, and all the same subscribers. From the General school principal learned about it and charged her with violating
Information Sheet filed by both companies, it also showed that the law which prohibits the employment of children below 15
they shared the same address and/or premises. . Both years of age. In her defense, the teacher stated that the work
companies also hired the same accountant who prepared the performed by her pupil is not hazardous. Is her defense tenable?
books for both companies. Why? (5%)

X and his co-employees amended their Complaint with the Labor V.

Arbiter to hold Construction Corporation 8 joint and severally
liable with Construction Company A for illegal dismissal, The weekly work schedule of a driver is as follows: Monday, Wednesday,
backwages and separation pay. Construction Company 8 Friday - drive the family car to bring and fetch the children to and from
interposed a Motion to Dismiss contending that they are juridical school. Tuesday, Thursday, Saturday - drive the family van to fetch
entities with distinct and separate personalities from Construction merchandise from suppliers and deliver the same to a boutique in a mall
Corporation A and therefore, they cannot be held jointly and owned by the family.
severally liable for the money claims of workers who are not their
a. Is the driver a house helper? (5%) provided by the shop, but otherwise lnggu was free to render
b. The same driver claims that for work performed on Tuesday, service in the other auto shops. On the other hand, lnggu insisted
Thursday and Saturday, he should be paid the minimum daily that he still was entitled to the benefits because he was loyal to
wage of a driver of a commercial establishment. Is the claim of Pit Stop, it being a fact that he did not perform work for anyone
the driver valid? (5%) else. Is lnggu correct? Explain briefly. (5%)
b. The modes of determining an exclusive bargaining agreement
VI. are:

a. For humanitarian reasons, a bank hired several handicapped 1. voluntary recognition

workers to count and sort out currencies. The handicapped 2. certification election
workers knew that the contract was only for a period of six- 3. consent election
months and the same period was provided in their employment
contracts. After six months, the bank terminated their employment Explain briefly how they differ from one another. (5%)
on the ground that their contract has expired. This prompted the
workers to file with the Labor Arbiter a complaint for illegal VIII.
dismissal. Will their action prosper? Why or why not? (5%)
b. Mam-manu Aviation Company (Mam-manu) is a new airline ABC Tomato Corporation, owned and managed by three (3) elderly
company recruiting flight attendants for its domestic flights. It brothers and two (2) sisters, has been in business for 40 years. Due to
requires that the applicant be single, not more than 24 years old, serious business losses and financial reverses during the last five (5)
attractive, and familiar with three (3) dialects, viz: llonggo, years, they decided to close the business.
Cebuano and Kapampangan. lngga, 23 years old, was accepted
as she possesses all the qualifications. After passing the
a. As counsel for the corporation, what steps will you take prior to its
probationary period, lngga disclosed that she got married when
closure? (3%)
she was 18 years old but the marriage was already in the process
b. Are the employees entitled to separation pay? (2%)
of being annulled on the ground that her husband was afflicted
with a sexually transmissible disease at the time of the
celebration of their marriage. As a result of this revelation, lngga If the reason for the closure is due to old age of the brothers and
was not hired as a regular flight attendant. Consequently, she sisters:
filed a complaint against Mam-manu alleging that the pre-
employment qualifications violate relevant provisions of the Labor c. Is the closure allowed by law? (2%)
Code and are against public policy. Is the contention of lngga d. Are the employees entitled to separation benefits? (3%)
tenable? Why? (5%)
IX.
VII.
Dennis was a taxi driver who was being paid on the "boundary" system
a. Inggu, an electronics technician, worked within the premises of basis. He worked tirelessly for Cabrera Transport Inc. for fourteen (14)
Pit Stop, an auto accessory shop. He filed a Complaint for illegal years until he was eligible for retirement. He was entitled to retirement
dismissal, overtime pay and other benefits against Pit Stop. Pit benefits. During the entire duration of his service, Dennis was not given
Stop refused to pay his claims on the ground that lnggu was not his 13th month pay or his service incentive leave pay.
its employee but was an independent contractor . . It was
common practice for shops like Pit Stop to collect the service fees a. Is Dennis entitled to 13th month pay and service leave incentive
from customers and pay the same to the independent contractors pay? Explain. (5%)
at the end of each week. The auto shop explained that lnggu was b. Since he was not given his 13th month pay and service incentive
like a partner who worked within its premises, using parts leave pay, should Dennis be paid upon retirement, in addition to
 the salary equivalent to fifteen (15) days for every year of service,
the additional 2.5 days representing one-twelfth (1/12) of the 13th
month pay as well as the five (5) days representing the service
incentive leave for a total of 22.5 days? Explain. (5%)

X.

a. XYZ Manpower Services (XYZ) was sued by its employees

together with its client, ABC Polyester Manufacturing Company
(ABC). ABC is one of the many clients of XYZ. During the
proceedings before the Labor Arbiter, XYZ was able to prove that
it had substantial capital of Three Million Pesos. The Labor
Arbiter ruled in favor of the employees because it deemed XYZ
as a labor only contractor. XYZ was not able to prove that it had
invested in tools, equipment, etc. Is the Labor Arbiter's ruling
valid? Explain. (5%)
b. Does the performance by a contractual employee, supplied by a
legitimate contractor, of activities directly related to the main
business of the principal make him a regular employee of the
principal? Explain. (5%)

- NOTHING FOLLOWS -