SPECIAL MOCKBAR EXAM LABOR LAW

ATTY. MARGERY ROANA F. CARREON

1. Explain the following doctrines:

A. Doctrine of Perpetual Employment

B. Doctrine of Incompatibility
Doctrine of Incompatibility Where the Ee has done something that is
contrary or incompatible with the faithful performance of his duties, his Er
has a just cause for terminating his employment (Manila Chauffeur’s League
v. Bachrach Motor Co., G.R. No. L-47071, June 29, 1940).
C. Doctrine of Commensurate Penalty
Doctrine of Commensurate Penalty - the penalty imposed should be
commensurate to the gravity of the offense
Principle of Commensurate penalty or proportionality rule: Employer’s directives
must always be fair and reasonable, and the corresponding penalties, when
prescribed must be commensurate to the offense involved and to the degree of
the infraction (Moreno v San Sebastian College-Recoletos, Manila, 550 SCRA 414)

D. Doctrine of Emancipation of Labor Relations

2. Company A, a Job Contractor, hired Joy to be a Warehouse

Supervisor to Company B. Discrepancies were found in an audit
report and after a thorough investigation, it was discovered that
1,020 packs of various cigarettes were illegally brought out of the
warehouse.

A. What are the procedural requirements for a valid dismissal of an

erring employee?
Two-fold requirements of a valid dismissal for a just cause 1. Substantive – It
must be for a just cause. 2. Procedural – There must be notice and hearing.
B. Assuming that Joy was dismissed by Company B and an action for
illegal termination was filed, what is the quantum of proof required
to establish termination? How about the quantum of proof to
establish just cause of termination?

the Er is burdened to prove just cause for terminating the employment of

its Ee with clear and convincing evidence to give flesh and blood to the
guaranty of security of tenure granted by the Constitution to Ees under the
LC
3. Cite at least two instances when strikers are entitled to backwages
in an economic strike.
R: Strikers are not entitled to their backwages or strike duration pay even if
such strike was legal. XPN: 1. Where the strikers voluntarily and
unconditionally offered to return to work, but the Er refused to accept the
offer – Ers are entitled to backwages from the date their offer was made 2.
When there is a return-to-work order and the Ees are discriminated against
other Ees, workers are entitled to backwages from the date of
discrimination 3. In case of a ULP strike, in the discretion of the authority
deciding the case 4. When the Ees were illegally locked out and thus compel
them to stage a strike.

4. Miss E was an employee of the National Service Corporation

(NASECO), a GOCC without an original charter. She was first
employed with NASECO as a lady guard. Through the years, she
was promoted to Clerk Typist, then Personnel Clerk until she
became Chief of Property and Records. An administrative complaint
was filed against Miss E for her non-compliance with a
memorandum regarding certain entry procedures in the company's
Statement of Billings Adjustment. She was then placed in a floating
status.

A. If you were Miss E’s counsel, where should you file the complaint
for illegal dismissal I would file the complaint for illegal dismissal before the
Civl Service Commission.
Under the law, an employee o GOCC is considered as a government employee
and thus jurisdiction is with the Civil Service Commission.

B. In case Miss E is a member of a union and NASECO committed

acts of unfair labor practice, can the union stage a strike? No it
cannot stage a strike.
Labor law provide that while employees of GOCC without original charterhas a
right to self organization for purposes of collective bargaining they cannot
exercise the right to stage a strike.

5. Arnold is an employee of X Company engaged in rice production.

He earns P510 daily. On All Saints Day, Arnold worked all day.
However, before his shift was finished, there were news reports that
a typhoon would make a landfall by 7pm. Arnold was compelled to
render overtime work.
A. Can Arnold validly refuse to render overtime work?
No, arnold cannot validly refuse to render overtime work.

B. Supposing he did render overtime work, how much is he entitled on

that day?

6. Chris, Mike and Nolan are union members of Intramuros Country

Club Independent Employees (union). The Union entered into a
CBA with Intramuros Country Club which provided for a Union
Shop and maintenance of membership shop. Subsequently,
irregularly recorded entries, unaccounted expenses and
disbursement from the Union Fund were discovered by the union
officers. Chris, Mike and Nolan were notified of these and they were
asked to explain in writing why they should not be expelled from
the Union. However, despite their explanations, the three were
expelled. They were given expulsion letters for malversation of
Union Funds. The Union demanded Intramuros Country Club to
dismiss the said employee and using the Union Shop Clause of the
CBA as the basis. The Club reviewed the documents as well as the
explanation letters. It ruled in favor of their termination and gave
each one notice.

A. Is there illegal dismissal?

B. Were Chris, Mike and Nolan accorded due process by the union
and their employer before their employments were terminated?

7. Members of SL-ALU (Union) went on strike against its company,

Sulpicio Lines, for unfair labor practice. Labor Secretary intervened
and certified the case to the NLRC for compulsory arbitration.
Despite the Order, the employees continued thereby paralyzing the
operations of Sulpicio Lines. SL reinstated the striking members,
however, as management prerogative, ten of them were assigned to
a port from a different province.

A. Is the management prerogative valid?

B. Does compliance with the Return-to-Work Order result in a waiver
claims by the union and the employer?
C. Is the Labor Secretary correct in intervening?
 8. UnderArmour, a US-based company, was granted by the SEC a
license to transact business here in the Philippines. For that
purpose, it set up a representative office called UnderArmour
Philippines and made Artur its local President and resident agent
to accept all notice affecting the company. When the relationship
turned sour, Arthur was ordered to turnover all records of
UnderArmour Phils, withdraw all of offers of settlements, transfer
possession of service car and remit funds. Arthur was then
terminated. In an illegal dismissal complaint, UnderArmour
contended that Arthur is not an employee because it never
exercised power of control over him.
Is the contention correct?

9. What are the remedy and the prescriptive period in case a party
wants to appeal the decision or award of the DOLE Regional
Director acting as a Voluntary Arbitrator?

10. In a certification election involving 3 unions, A, B and C,

there were 500 eligible voters who validly cast their votes. The votes
are as follows:

Union A – 215
Union B – 50
Union C – 50
No Union – 185

A. Which Union should be declared Sole and Exclusive Bargaining

Agent?
B. If there are no objections to the conduct of election, what is the
remedy such that a SEBA may be determined in this case?

11. What is “Equity of the Incumbent”?

12. DNL Security Agency assigned 10 Security Guards to GSIS

Office in Tacloban City. However, after two years, DNL informed the
guards that its Service Agreement with GSIS has been terminated.
DNL also instructed them to continue reporting for work to GSIS.
The guards complied, but they did not receive salary for the next
two years, after which, they were terminated for good. Complaint
for unpaid wages was filed against DNL as well as GSIS on the
ground of their solidary liability. GSIS argued that the contract has
already been terminated, so it should not be held liable for the
 unpaid wages of 2 years after the termination of he Service
Agreement.

A. Is GSIS liable for the unpaid wages?

B. Supposing your answer in the previous question is in the
affirmative, Can GSIS be held liable even if DNL was not proved to
be insolvent?

13. Distinguish the liability of a Principal in a Legitimate

contracting from its liability in case of Labor-Only contracting.

14. Non-Involment Provision – The EMPLOYEE further

undertakes that during his/her engagement with the EMPLOYER
and in case of separation from the COMPANY, whether voluntary or
for a cause, he/she shall not, for the next THREE (3) YEARS
thereafter, engage in or be involved with any corporation,
association, or entity within the National Capital Region, whether
directly or indirectly, engaged in the same business or belonging to
the same industry as the Employer. Any breach of the foregoing
shall render the EMPLOYEE liable to the EMPLOYER in the
amount of FIVE HUNDRED THOUSAND PESOS (P 500,000) for and
as liquidated damages.
Is the provision legally valid?

15. What is “Sole Concern Rule”?

16. What is the Administrative Intervention on Dispute Avoidance

(AIDA Power) of the DOLE Secretary?

17. A carpenter was hired to repair the roof of an auto repair

shop to prepare for the rainy season.
A. What is the status of his employment?
B. What if he was able to repair it for 3 long years, what is his
status?

18. What are the requirements of a valid strike?

19. By strength of MIC Corp’s Board Resolution, Ricky was

appointed Vice President for Finance and Johnny as Treasurer.
However, due to management reasons, Ricky and Johnny were
dismissed. They were advised by a senior lawyer to file an illegal
dismissal complaint before the Labor Arbiter. They heeded the
 advice and filed complaints for illegal dismissal including other
money claims against MIC Corp before the Labor Arbiter. Will the
cases prosper?

20. Distinguish illegal dismissal from constructive dismissal