I

Clarito, an employee of Juan, was dismissed for allegedly stealing Juan’s wristwatch. In
the illegal dismissal case instituted by Clarito, the Labor Arbiter, citing Article 4 of the
Labor Code, ruled in favor of Clarito upon finding Juan’s testimony doubtful. On appeal,
the NLRC reversed the Labor Arbiter holding that Article 4 applies only when the doubt
involves "implementation and interpretation" of the Labor Code provisions. The NLRC
explained that the doubt may not necessarily be resolved in favor of labor since this case
involves the application of the Rules on Evidence, not the Labor Code. Is the NLRC
correct? Reasons.

II

Johnny is the duly elected President and principal union organizer of the Nagkakaisang
Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was
unceremoniously dismissed by management for spending virtually 95% of his working
hours in union activities. On the same day Johnny received the notice of termination,
the labor union went on strike. Management filed an action to declare the strike illegal,
contending that:
The union went on strike without complying with the strike-vote requirement under the
Labor Code. Rule on the foregoing contentions with reasons.

III

Juicy Bar and Night Club allowed by tolerance fifty (50) Guest Relations Officers (GROs)
to work without compensation in its establishment under the direct supervision of its
Manager from 8:00 P.M. To 4:00 A.M. everyday, including Sundays and holidays. The
GROs, however, were free to ply their trade elsewhere at anytime, but once they enter
the premises of the night club, they Were required to stay up to closing time. The GROs
earned their keep exclusively from commissions for food and drinks, and tips from
generous customers. In time, the GROs formed the Solar Ugnayan ng mga Kababaihang
lnaapi (SUKI), a labor union duly registered with DOLE. Subsequently, SUKI filed a
petition for Certification Election in order to be recognized as the exclusive bargaining
agent of its members. Juicy Bar and Night Club opposed the petition for Certification
Election on the singular ground of absence of employer-employee relationship between
the GROs on one hand and the night club on the other hand. May the GROs form SUKI as
a labor organization for purposes of collective bargaining? Explain briefly.

IV

Distinguish Labor-Only contracting and Job-Only contracting.

AB, single and living-in with CD (a married man), is pregnant with her fifth child. She
applied for maternity leave but her employer refused the application because she is not
married. Who is right? Decide.

VI

Discuss the legal requirements of a valid strike.

VII

X was one of more than one hundred (100) employees who were terminated from
employment due to the closure of Construction Corporation A. The Cruz family owned
Construction Company A. Upon the closure of Construction Company A, the Cruzes
established Construction Company B.

Both corporations had the same president, the same board of directors, the same
corporate officers, and all the same subscribers. From the General Information Sheet
filed by both companies, it also showed that they shared the same address and/or
premises.
Both companies also hired the same accountant who prepared the books for both
companies. X and his co-employees amended their Complaint with the Labor Arbiter to
hold Construction Corporation 8 joint and severally liable with Construction Company A
for illegal dismissal, backwages and separation pay. Construction Company 8 interposed
a Motion to Dismiss contending that they are juridical entities with distinct and separate
personalities from Construction Corporation A and therefore, they cannot be held jointly
and severally liable for the money claims of workers who are not their employees. Rule
on the Motion to Dismiss. Should it be granted or denied? Why?

VIII

The Pizza Corporation (PizCorp) and Ready Supply Cooperative (RSC) entered into a
"service agreement" where RSC in consideration of service fees to be paid by PizCorp's
will exclusively supply PizCorp with a group of RSC motorcycle-owning cooperative
members who will henceforth perform PizCorp's pizza delivery service. RSC assumes
under the agreement --- full obligation for the payment of the salaries and other
statutory monetary benefits of its members deployed to PizCorp. The parties also
stipulated that there shall be no employer-employee relationship between PizCorp and
the RSC members.

However, if PizCorp is materially prejudiced by any act of the delivery impose

disciplinary sanctions on, including the power to dismiss, the erring RSC member/s.
Based on the test/s for employer-employee relationship, determine the issue of who is
the employer of the RSC members.

IX

Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the
orientation seminar for newly-hired employees of the firm, among them, Miss Maganda.
After the seminar, Renan requested Maganda to stay, purportedly to discuss some work
assignment. Left alone in the training room, Renan asked Maganda to go out with him
for dinner and ballroom dancing.

Thereafter, he persuaded her to accompany him to the mountain highway in Antipolo for
sight-seeing. During all these, Renan told Maganda that most, if not all, of the lady
supervisors in the firm are where they are now, in very productive and lucrative posts,
because of his favorable endorsement. Did Renan commit acts of sexual harassment in a
work- related or employment environment? Reasons.

X
A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages before
the NLRC, alleging that he was paid below the minimum wage. The employer denied any
underpayment, arguing that based on long standing, unwritten policy, the Hotel provided
food and lodging to its housekeeping employees, the costs of which were partly
shouldered by it and the balance was charged to the employees. The employees’
corresponding share in the costs was thus deducted from their wages. The employer
concluded that such valid deduction naturally resulted in the payment of wages below
the prescribed minimum. If you were the Labor Arbiter, how would you rule? Explain.

XI

The rank-and-file union staged a strike in the company premises which caused the
disruption of business operations. The supervisors union of the same company filed a
money claim for unpaid salaries for the duration of the strike, arguing that the
supervisors' failure to report for work was not attributable to them. The company
contended that it was equally faultless, for the strike was not the direct consequence of
any lockout or unfair labor practice. May the company be held liable for the salaries of
the supervisor?

XII

Jose and Erica, former sweethearts, both worked as sales representatives for Magna, a
multinational firm engaged in the manufacture and sale of pharmaceutical products.
Although the couple had already broken off their relationship, Jose continued to have
special feelings for Erica. One afternoon, Jose chanced upon Erica riding in the car of
Paolo, a co-employee and Erica's ardent suitor; the two were on their way back to the
office from a sales call on Silver Drug, a major drug retailer. In a fit of extreme jealousy,
Jose rammed Paolo's car, causing severe injuries to Paolo and Erica. Jose's flare up also
caused heavy damage to the two company-owned cars they were driving. As lawyer for
Magna, advise the company on whether just and valid grounds exist to dismiss Jose.