JORGIO Labor Recit Qs - 2019

LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019

Compiled by: Kira Jorgio
SYLLABUS (A.Y. 2018-2019) 2. Bernardo v. NLRC, July 12, 1999
Articles 82-94
R.A. No. 8042, as amended, and its IRR (Migrant Workers Act)
Employer-Employee Relationship
Cases:
1. People v. Chua, March 10, 2010 1. Francisco v. NLRC August 21, 2006
2. People v. Gallo, June 29, 2010 2. Sonza v. ABS CBN, June 10, 2004
3. Yap v. Thenamaris Ship Management, May 30, 2011 3. Javier v. Flyace Corp. Feb 15, 2012
4. People v. Panis, 142 SCRA 667 4. SMCEU v. Judge Bersamira (in Azucena)
5. Trans Action Overseas Corporation v. DOLE Secretary, September 5, 1997 5. Locsin et. al. v. PLDT, October 2, 2009
6. Republic v. Principalia Management and Personnel Consultants Inc. April 19, 2006 6. People’s Broadcasting Service v. Sec of Labor, March 6, 2012
7. Datuman v. First Cosmopolitan Manpower, November 14, 2008 7. Ymbong v. ABS-CBN, March 7, 2012
8. Stolt- Nielsen Transportation Group Inc. v. Medequillo, January 18, 2012 8. Professional Services v. CA, February 11, 2008
9. People v. Dela Piedra, January 24, 2001 9. South East International Rattan Inc. v. Coming, March 12, 2014
10. Estate of Nelson Dulay v. Aboitiz Jebsen Maritime, June 13, 2012 10. Tenazas et. al. v. R. Villegas Taxi Transport, April 2, 2014.
11. Santiago v. CF Sharp Crew Management, July 10, 2007 11. Tongko v. Manufacturer’s Life Insurance Co. , November 7, 2008
12. Sameer Overseas Placement v. Cabilles, August 5, 2014 12. TAPE Inc. v. Servana, January 28, 2008
13. IPMS v. Arriola, March 7, 2016 13. Encyclopedia Britannica v NLRC, November 4, 1996
14. Sunace International Management Service v. NLRC, January 25, 2006 14. Atok Big Wedge Co. Inc. v. Gison, August 2011
15. Maersk- Filipinas Crewing Inc. v. Avestruz, February 18, 2015 15. Dumpit Murillo v. CA, June 28, 2011
16. Gagui v. Dejero, October 23, 2013 16. Bernardo v. PBA, September 14, 2011
17. AMCOW v. GCC Approved Medical Centers Association, December 6, 2016 17. Jardin v. NLRC, February 23, 2000
18. Gargallo v. DOHLE Seafront Crewing, August 17, 2016 18. Chavez v. NLRC, January 17, 2005
19. Princess Talent Center v. Masagca, April 11, 2018 19. Coca-cola Bottlers Inc. v. Climaco, February 2007
20. David v. Marquez, June 5, 2017 20. Gabriel v. Bilon, February 2007
21. Powerhouse Staff Builders International Inc. v. Romelia Rey et al., November 7, 2016 21. Felix v. Buenaseda, January 7, 1995
22. Autobus Transport v. Bautista
R.A. No. 8759, as amended by R.A. No. 10691 and its IRR (D.O. No. 157-16) PESO Act of 1991 23. David v. Macasio, July 4, 2014
24. Begino v. ABS-CBN, April 20, 2015
Revised POEA Rules 2016 (for landbased workers) 25. Chevron Phils. v. Galit, October 7, 2015
26. Manila Memorial Park v. Lluz, (2016 case)
D.O. No. 141-14 Rules and Regulations Governing Private Recruitment and Placment Agency for 27. Diamond Farms v. Southern Federation of Labor Workers, January 13, 2016 (also
Local Employment applicable to Certification Elections)
28. SUMIFRU (Phil) Corp. v. NAMASUFA-NAFLU-KMU, June 7, 2017
Articles 22-81 29. Weslayan University Phils. v. Maglaya, January 23, 2017
30. Nestle Phil. v. Pineda, January 30, 2017
• D.O. No. 186-17, Revised Rules for the Issuance of Employment Permits to Foreign 31. Valenzuela v. Alexandra Mining Ventures, October 5, 2016
Nationals 32. HSY Marketing Ltd. v. Villastique, August 17, 2016
• D.O. No. 65-04, IRR of R.A. No. 9231 as amending R.A. No. 7610.
Handbook on Workers Statutory Monetary Benefits
• D.C. No. 2 Series of 2018.
• Magna Carta of Disabled Persons Latest NCR Wage Order
o L.A. No. 14 Series of 2018.
• Expanded Senior Citizens Act and its IRR D.O. No. 118-12 Series of 2012
• R.A. No. 10771 and D.O. No. 180-17, Philippine Green Jobs Act of 2016 and its IRR
• R.A. No. 10869 and D.O. No. 179-17, Jobstart Philippines Act and its IRR. Expanded Breastfeeding Act
D.O. No. 143-15 (exemption)

Cases:
1. Century Canning Corp v. CA, August 17, 2007
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D.O. No. 184-17 Safety and Health Measures for Workers, who, by the Nature of their Work, Have
to Spend Long Hours Sitting Article 118
D.O. No. 178-17 Safety and Health Measures for Workers, who by the Nature of their Work, Have 1. Panaligan v. Phyrith Enterprises Corp., June 21, 2017
to Stand at Work
Article 124
Article 95
1. P.I. Manufacturing Inc. v. P.I. Manufacturing Supervisors and Forman
1. Autobus Transport Systems v. Bautista May 16, 2005 Association, February 4, 2008
2. Bankard Employees Union-Workers Alliance Trade Unions v. NLRC, February
Article 97 17, 2004
th
1. Songco et. al. v. NLRC, March 23, 1990 13 month pay
2. Millares et. al v. NLRC, March 29, 1999
(Facilities v. supplements) 1. Central Azucarera de Tarlac v. Central Azucarera de Tarlac Labor Union, July 26,
3. SLL International Cables Specialist et. al. v. NLRC, March 2, 2011 2010
Article 100 Article 128
1. American Wire and Cable Daily Rated Employees Union v. American Wire and 1. People’s Broadcasting Service v. Secretary of Labor, March 6, 2012
Cable Co. Inc., April 29, 2005 2. Yanson v. Secretary of Labor, February 11, 2008
2. TSPIC Corp v. TSPIC Employees Union (FFW), February 13, 2008 3. Balladares et. al. v. Peak Ventures Corporation, June 16, 2009
4. (Bonus) 4. Allied Investigation Bureau v. Sec of Labor, November 24, 1999
3. Lepanto Ceramics Inc. v. Lepanto Ceramics Employees Association, March 2, 5. Urbanes v. Sec of Labor, February 19, 2003
2010
4. Eastern Telecom Phils. v. Eastern Telecoms Employees Union, February 8, 2012 Article 130-131, repealed
Article 106 See new provisions on 154-161 under RA 10151
D.O. No. 174-17 Maternity Leave Benefits under SSS

E.O. No. 51 Series of 2018
Battered Woman Leave
1. GSIS v. NLRC, November 17, 2010
2. Aliviado et. al. v. Proctor and Gamble Philippines, June 6, 2011 Magna Carta of Women Leave
3. Mandaue Galleon Trade Inc. v. Andales, et. al, March 7, 2008
4. Spic n’span Services Corporation v. Paje et. al., August 25, 2010
Article 134 (formerly Article 136)
Article 110
1. 1.Zialcita v. PAL February 20, 1977
1. DBP v. NLRC, March 1, 1995 2. Star Paper Corporation v. Simbol, April 12, 2006
Article 111 Sexual harassment
1. Hoegh Fleet Services Phil. v. Turallo, July 26, 2017 1. Domingo v. Rayala, February 18, 2008
2. Phil. Aeolus Automotive United Corp. v. NLRC, April 28, 2000
Article 113
Article 139 (formerly Article 141)
1. SHS Perforated Materials Inc. v. Diaz, October 13, 2010
2. D.O. No. 195 Series of 2018 (1) Apex Mining Co. v. NLRC, April 22, 1991
LA No. 11 Series 2014 Domestic Workers Act and its IRR and recent wage order on DW
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L.A. No. 17, Series of 2018

L.A. No. 10, Series of 2018 Agrarian Law
1. Sec of DAR v. Dumagpi (2015 case)
R.A. No. 10911 and its IRR, Anti Age Discrimination in Employment Act 2. Landbank v. Alsua, February 2015
R.A. 11165 – Telecommuting Act 3. Hacienda Luisita v. PARC, July 2011
R.A. 11210 – Maternity Leave Extension 4. Lebrudo v. Loyola, March 9, 2011
R.A. 11227 – POEA Handbook 5. Bumagat et al., v. Arriba, June 9, 2014
6. DAR v. Carriedo, January 20, 2016
Book IV 7. Vivencio Mateo et al. v. DAR, February 2017
8. Landbank v. Heirs of Tanada et al., January 11, 2017
D.O. No. 198, Series of 2018 9. Robustum Agricultural Corp v. DAR, November 19, 2018
D.O. No. 196 Series of 2018 10. DAR v. Carriedo, October 10, 2018
1. GSIS v. CA, January 2008

2. Salmone v. ECC, September 26, 2000 DISCLAIMER
3. Heirs of Deauna v. Fil Star Maritime Corporation, June 20, 2012 Some of the information in this material are complete and true to my knowledge. All
4. Debaudin v. SSS, September 21, 2007 recommended answers, especially to the hypothetical questions, are without
5. Austria v. CA, August 12, 2002 guarantee. Liability may be disclaimed in the use of this information.
6. Gatus v. SSS, January 26, 2011
7. Republic of the Phils. v. Mariano, March 28, 2003 ALSO: Use at your own risk J
8. Magsaysay Maritime Corporation v. Lobusta, January 25, 2012
9. SSS v. Azote, April 15, 2015
10. Marlow Navigation v. Ganal, June 7, 2017
11. Seapower Shipping v. Sabanal, June 19, 2017
12. GSIS v. Pauig, January 30, 2017 GENERAL PRINCIPLES
13. CF Sharp v. Castillo, April 19, 2017
14. Dionio v. Transglobal Martime, November 19, 2018 1. Labor laws – governs the rights and duties of employers and employees, first with
15. Guerrero v. Phil Transmarine Carrier, October 3, 2018 respect to the terms and conditions of employment, and second with respect to the
16. Phil. Hammonia Ship Agency v. Israel, October 3, 2018 labor disputes arising from collective bargaining respecting such terms and
17. CF Sharp v. Santos, August 1, 2018 conditions
18. Magsaysay MOL Marine Inc. v. Atraje, July 23, 2018
19. Dionio v. ND Shipping Agency and Allied Services, August 15, 2018 2. Labor Standards – deals with the minimum standards as to wages, hours of work
and other terms and conditions of employment that employers must provide their
RA 9679 – PAGIBIG Home Development Fund
employees (Other examples: medical & death benefits, right to due process)
SSS Law
1. SSC v. Azcote, April 15, 2015 3. Labor Relations - defines the status rights and duties as well as the institutional
2. SSS v. Favilla, March 28, 2011 mechanisms that govern the individual and collective interactions between
3. Mendoza v. People, August 3, 2010 employers, employees and their representatives.
4. SSS v. Signey, January 28, 2008
5. SSS v. Jarque, March 24, 2006 4. Difference between a union and an association
GSIS Law
1. Gersip Association v. GSIS, October 16, 2013 An association is an organization with a common purpose (ex: with respect to benefits), while
2. GSIS v. De Leon, November 17, 2010 a union has a right to collective bargaining
3. GSIS v. Alcaraz, February 6, 2013
5. Is picketing a form of a strike?
RA 7699 - Limited Portability Law.
R.A. 10606 and its IRR – PHILHEALTH LAW
R.A. 11228 – Mandatory PhilHealth coverage for Disabled Persons
R.A. 11223 – Universal Healthcare Law
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A strike is a temporary stoppage of work by concerted actions of employees arising from a AS A GENERAL RULE, YES.
labor dispute EXCEPTIONS:
a. Corporate officers/Intra -corporate disputes
6. What is conciliation? b. Employees of government -owned or controlled corporations (GOCCs)
created by special or original charter.
Settlement of labor disputes i. Corps with original charter refers to corporations chartered by
special law from Congress. Subject to CIVIL SERVICE LAW
7. What is a charter? ii. As distinguished from corporations organized under our
general incorporation statute, the Corporation Code. Subject to
Description of an organization’s functions LABOR CODE.
c. Local water districts, except where NLRC jurisdiction is involved
8. Article 4, how do you construe? d. Foreign governments
e. International Agencies
The workingman’s welfare should be the primordial and paramount consideration. However,
there must be balance given to the exercise of the management rights of the employer. 13. Requisites of valid recruitment and placement
As between an IRR and a special law, the special law must prevail. Because an IRR is only a “Recruitment and placement” refers to any act of canvassing, enlisting, contracting,
legislative function transporting, utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad, whether for profit
9. Who are an employer, worker and employee? or not: Provided, That any person or entity which, in any manner, offers or promises for
a fee, employment to two or more persons shall be deemed engaged in recruitment
Employer – one for whom employees work and who pays their wages or salaries, any
and placement
person natural or juridical, domestic or foreign, who carries on in the Philippines any
trade, business, industry, undertaking or activity of any kind and uses the services of
another person who is under his order as regards the employment 14. Hypo: ruling in People v. Panis, in relation to the definition of recruitment
and placement
Employee – any person who performs services for an employer in which either or
both mental and physical efforts are used and who receives compensation for
15. Can government agencies engage in recruitment and placement?
such services, where there is employer -employee relationship.
Worker – any member of the labor force, whether employed or unemployed Art. 16, LC.
10. Constitutional basis? 16. What if the niece of janitor applies for position of Labor Arbiter?
*check mem-aid 17. Daughter of NBI director?
11. What is the “Protection to Labor clause” in the Constitution? *Qualify whether overseas or local.
Art III, Sec. 13. 18. Powers of the POEA
12. Does Article 6 apply to all workers? a) Suspend/cancel license

b) Order refund of illegal charges
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c) Deployment of Filipino workers of Labor as provided in this Article, shall be appealable to the National Labor Relations
Commission upon the same grounds provided in Article 223 hereof. The decisions of
19. Does the POEA have judicial powers? the National Labor Relations Commission shall be final and inappealable. (Superseded
by Exec. Order 797, May 1, 1982).
NO, only quasi-judicial.
The Minister of Labor shall have the power to impose and collect fees based on rates
20. Quasi-judicial powers recommended by the Bureau of Employment Services. Such fees shall be deposited in
the National Treasury as a special account of the General Fund, for the promotion of
Yes, administrative. But only those concerning disciplinary cases of OFW, pre- the objectives of the Bureau of Employment Services, subject to the provisions of
employment cases, with respect to licenses, etc. Section 40 of Presidential Decree No. 1177.
21. Powers of the BLE? 22. What is the nature of a complaint in the POEA?
Article 15. The Bureau of Employment Services shall be primarily responsible for Administrative
developing and monitoring a comprehensive employment program. It shall have the
power and duty: 23. What is direct hiring?
a. To formulate and develop plans and programs to implement the Refer to workers directly hired by employers for overseas employment as authorized by
employment promotion objectives of this Title; the Secretary of Labor and process by the POEA, including:
b. To establish and maintain a registration and/or licensing system to regulate
private sector participation in the recruitment and placement of workers, • Those hired by international organizations
locally and overseas, and to secure the best possible terms and conditions • Those hired by members of the diplomatic corps; and
of employment for Filipino contract workers and compliance therewith under • Name hires or workers who are able to secure overseas employment
such rules and regulations as may be issued by the Minister of Labor; opportunities with employers without the assistance or participation of any
c. To formulate and develop employment programs designed to benefit agency
disadvantaged groups and communities;
d. To establish and maintain a registration and/or work permit system to 24. Why does law prohibit it?
regulate the employment of aliens; To develop a labor market information
system in aid of proper manpower and development planning; • To assure the best possible terms and conditions of work to the employee
e. To develop a responsive vocational guidance and testing system in aid of • To assure the foreign employer that he hires only qualified Filipino worked
proper human resources allocation; and • To insure compliance with the Labor Code provisions on the solidary
f. To maintain a central registry of skills, except seamen. liability of private employment and recruitment agencies with their foreign
principal
The regional offices of the Ministry of Labor shall have the original and exclusive
jurisdiction over all matters or cases involving employer-employee relations including 25. What is name hiring?
money claims, arising out of or by virtue of any law or contracts involving Filipino
workers for overseas employment except seamen: Provided, That the Bureau of A name hire is a worker who is capable to secure employment overseas on his own
Employment Services may, in the case of the National Capital Region, exercise such without the assistance or participation of any agency or entity
power, whenever the Minister of Labor deems it appropriate. The decisions of the
regional offices of the Bureau of Employment Services, if so authorized by the Minister 26. What is CFO?
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community-based and maintained largely by local government units (LGUs) and a

Commission of Filipino Overseas number of non-governmental organizations (NGOs) or community-based organizations
(CBOs) and state universities and colleges (SUCs). The PESOs shall be linked to the
27. Powers of the CFO? (B.P. Blg. 79) regional offices of the Department of Labor and Employment (DOLE) for coordination
and technical supervision, and to the DOLE central office, to constitute the national
Section 3. Powers and Functions. The Commission shall have the following powers employment service network.
and functions:
a) Provide advice and assistance to the President (Prime Minister) of the 29. Services of PESO
Philippines and the Batasang Pambansa in the formulation of policies and
measures affecting Filipinos overseas; a. Jobs Fairs - these shall be conducted periodically all over the country to
b) Formulate, in coordination with agencies concerned, an integrated program bring together in one venue job seekers and employers for immediate
for the promotion of the welfare of Filipinos overseas for implementation by matching;
suitable existing agencies; b. Livelihood and Self-employment Bazaars - these will give clients
c) Coordinate and monitor the implementation of such an integrated program; information on the array of livelihood programs they choose to avail of,
d) Initiate and directly undertake the implementation of special projects and particularly in the rural areas;
programs, whenever necessary, to promote the welfare of Filipinos c. Special Credit Assistance for Placed Overseas Workers - this type of
overseas with respect to their interests and activities in the Philippines; assistance will enable poor but qualified applicants to avail of opportunities
e) Serve as a forum for preserving and enhancing the social, economic and for overseas employment;
cultural ties of Filipinos overseas with their motherland; d. Special Program for Employment of Students and Out-of-School Youth
f) Provide liaison services to Filipinos overseas with appropriate government (SPESOS) - this program shall endeavor to provide employment to
and private agencies in the transaction of business and similar ventures in deserving students and out-of-school youths and out-of-school youths
the Philippines; coming from poor families during summer and/or Christmas vacations as
g) Promulgate rules and regulations to carry out the objectives of this Act; provided for under Republic Act No. 7323 and its implementing rules, to
h) Call upon any agency of the Government, including government-owned or enable them to pursue their education;
controlled corporations, to render whatever assistance is needed in the e. Work Appreciation Program (WAP) - this program aims to develop the
pursuance of the objectives of this Act; and values of work appreciation and ethics by exposing the young to actual
i) Perform such other related functions as may be directed by the President work situations;
(Prime Minister) or assigned by law. f. Workers Hiring for Infrastructure Projects (WHIP) - this program is in
pursuance of Republic Act No. 6685 which requires construction
28. What is PESO? companies, including the Department of Public Works and Highways and
contractor for government-funded infrastructure projects, to hire thirty
Public Employment Service Offices. The Public Employment Service Office or PESO is percent (30%) of skilled and fifty percent (50%) of unskilled labor
a non-fee charging multi-employment service facility or entity established or accredited requirements from the areas where the project is constructed/located; and
pursuant to Republic Act No. 8759 otherwise known as the PESO Act of 1999. g. Other programs/activities developed by DOLE to enhance provision of
employment assistance to PESO clients, particularly for special groups of
To carry out full employment and equality of employment opportunities for all, and for disadvantaged workers such as persons with disabilities (PWDs) and
this purpose, to strengthen and expand the existing employment facilitation service displaced workers.
machinery of the government particularly at the local levels there shall be established
in all capital towns of provinces, key cities, and other strategic areas a Public
Employment Service Office, Hereinafter referred to as PESO, which shall be MIGRANT WOKERS ACT
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Laws: R.A. 10022, as amended and its IRRs and ORRs. Noncompliance with the mandatory periods for resolutions of case provided under this section shall
Frequently Asked Cases: Sameer Overseas Placement v. Cabilles, Yap v. Thenamaris Ship subject the responsible officials to any or all of the following penalties:
Management, People v. Chua, Sto. Tomas v. Salac, IPAMS v. Arriola, Sunace International a) The salary of any such official who fails to render his decision or resolution within the
Management Service v. NLRC, Princess Talent Center v. Masagca, Gargallo v. Dohle prescribed period shall be, or caused to be, withheld until the said official complies
therewith;
1. Who is an Overseas Filipino Worker? b) Suspension for not more than ninety (90) days; or
c) Dismissal from the service with disqualification to hold any appointive public office for
refers to a person who is to be engaged, is engaged or has been engaged in a remunerated five (5) years.
activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign
seas other than a government ship used for military or non-commercial purposes or on an Provided, however, That the penalties herein provided shall be without prejudice to any liability
installation located offshore or on the high seas; to be used interchangeably with migrant worker. which any such official may have incurred under other existing laws or rules and regulations as a
consequence of violating the provisions of this paragraph.
(2) Sec. 10, RA 8042, as amended.
(3) Application of Sec. 10, R.A. 8042 in the case of Yap v. Thermaris.
SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters
of the National Labor Relations Commission (NLRC) shall have the original and exclusive (4) Overseas Filipino Workers in distress
jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the
claims arising out of an employer-employee relationship or by virtue of any law or contract Overseas Filipino who has a medical, psycho-social or legal assistance problem requiring
involving Filipino workers for overseas deployment including claims for actual, moral, exemplary treatment, hospitalization, counseling, legal representation as specified in Rule IX of these Rules or
and other forms of damage. Consistent with this mandate, the NLRC shall endeavor to update and any other kind of intervention with the authorities in the country where he or she is found.
keep abreast with the developments in the global services industry.
(5) May a daughter of an OFW be considered as an OFW in distress?
The liability of the principal/employer and the recruitment/placement agency for any and all claims
under this section shall be joint and several. This provision shall be incorporated in the contract for YES, provided, that the daughter is living abroad with the parent.
overseas employment and shall be a condition precedent for its approval. The performance bond
to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all (6) Is an OFW in distress cover ‘Homesickness’?
money claims or damages that may be awarded to the workers. If the recruitment/placement
agency is a juridical being, the corporate officers and directors and partners as the case may be, No, although psychological, it is not one of those requiring treatment as provided by
shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid law.
claims and damages.
(7) If the dependent of the OFW killed someone, can the legal assistance
Such liabilities shall continue during the entire period or duration of the employment contract and fund be used?
shall not be affected by any substitution, amendment or modification made locally or in a foreign
country of the said contract. YES, because the dependent falls within the definition of ‘Overseas Filipino Worker’
Any compromise/amicable settlement or voluntary agreement on money claims inclusive of (8) Primary functions of Legal Assistance Council
damages under this section shall be paid within thirty (30) days from approval of the settlement by
the appropriate authority. SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created
under the preceding section shall be used exclusively to provide legal services to
In case of termination of overseas employment without just, valid or authorized cause as defined migrant workers and overseas Filipinos in distress in accordance with the guidelines,
by law or contract, or any unauthorized deductions from the migrant worker's salary, the worker criteria and procedures promulgated in accordance with Section 24 (a) hereof.
shall be entitled to the full reimbursement of his placement fee and the deductions made with
interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his The expenditures to be charged against the Fund shall include the fees for the foreign
employment contract or for three (3) months for every year of the unexpired term, whichever is lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent
less. migrant workers facing charges or in filing cases against erring or abusive employers
abroad, bail bonds to secure the temporary releases and other litigation expenses:
In case of a final and executory judgement against a foreign employer/principal, it shall be Provided, That at the end of every year, the Department of Foreign Affairs shall include
automatically disqualified, without further proceedings, from participating in the Philippine in its report to Congress, as provided for under Section 33 of this Act, the status of the
Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it Legal Assistance Fund, including the expenditures from the said fund duly audited by
fully satisfies the judgement award. the Commission on Audit (COA): Provided, further, That the hiring of foreign legal
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counsels, when circumstances warrant urgent action, shall be exempt from the Sec. 7. Travel Advisory. The DFA shall issue travel advisories as the need arises. A
coverage of Republic Act No. 9184 or the Government Procurement Act. “travel advisory” is a notice to the traveling public normally for a security reason and
based on the prevailing peace and order situation in a specific destination.
(9) Can the council appeal?
(16) Illegal Recruitment
No amount of the Legal Assistance Fund shall be disbursed for the appeal of cases
except when the penalty meted is life imprisonment or death or under meritorious (17) Prohibited Acts
circumstances as determined by Undersecretary Migrant Workers Affairs
(10) Guarantees to deploy migrant worker abroad? (18) What is Economic Sabotage
• It has existing labor and social laws protecting the rights of workers (19) What are the 7 other acts?
including migrant workers
• It is a signatory to and/or a ratifier of multilateral conventions, declarations SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of
or resolutions relating to the protection of workers, including migrant canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers
workers and includes referring, contract services, promising or advertising for employment
• It has concluded a bilateral agreement or arrangement with the government abroad, whether for profit or not, when undertaken by non-licensee or non-holder of
on the protection of the rights of overseas Filipino Workers authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines: Provided, That any such non-
a. Are these in the alternative? YES licensee or non-holder who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It shall likewise include
(11) What are positive and concrete measures? the following acts, whether committed by any person, whether a non-licensee, non-
holder, licensee or holder of authority:
Shall include legislative or executive initiatives, diplomatic negotiations, judicial
decisions, programs, projects, activities and such other acts by the receiving country 1) To charge or accept directly or indirectly any amount greater than that
aimed at protecting the rights of migrant workers. specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay or acknowledge any
(12) Who determines receiving countries? amount greater than that actually received by him as a loan or advance;
2) To furnish or publish any false notice or information or document in relation
The DFA shall issue a certification that a receiving country complies with any of the to recruitment or employment;
guarantees, and that the receiving country is taking such positive and concrete 3) To give any false notice, testimony, information or document or commit any
measures to protect workers act of misrepresentation for the purpose of securing a license or authority
under the Labor Code, or for the purpose of documenting hired workers
(13) If the country did not comply, is there liability? with the POEA, which include the act of reprocessing workers through a job
order that pertains to nonexistent work, work different from the actual
Members of the POEA governing Board who allowed the deployment without DFA overseas work, or work with a different employer whether registered or not
certification shall suffer the penalties of with the POEA;
4) To include or attempt to induce a worker already employed to quit his
• Removal or dismissal from service with disqualification to hold any employment in order to offer him another unless the transfer is designed to
appointive public office for 5 years. liberate a worker from oppressive terms and conditions of employment;
5) To influence or attempt to influence any person or entity not to employ any
Any government official responsible for allowing the deployment in direct worker who has not applied for employment through his agency or who has
contravention to POEA prohibition shall suffer the same penalties. formed, joined or supported, or has contacted or is supported by any union
or workers' organization;
(14) Who can issue a deployment ban? 6) To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
The POEA Governing Board after consultation with DFA. It is determined by national 7) To fail to submit reports on the status of employment, placement vacancies,
interest OR when public welfare requires it. remittance of foreign exchange earnings, separation from jobs, departures
and such other matters or information as may be required by the Secretary
(15) How about travel advisories? of Labor and Employment;
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8) To substitute or alter to the prejudice of the worker, employment contracts specifically designated institutions, entities or persons, except
approved and verified by the Department of Labor and Employment from fpr recommendatory trainings mandated by
the time of actual signing thereof by the parties up to and including the principals/shipowners where the latter shoulder the cost of such
period of the expiration of the same without the approval of the Department trainings;
of Labor and Employment; f) For a suspended recruitment/manning agency to engage in any
9) For an officer or agent of a recruitment or placement agency to become an kind of recruitment activity including the processing of pending
officer or member of the Board of any corporation engaged in travel agency workers' applications; and
or to be engaged directly or indirectly in the management of travel agency; g) For a recruitment/manning agency or a foreign
10) To withhold or deny travel documents from applicant workers before principal/employer to pass on the overseas Filipino worker or
departure for monetary or financial considerations, or for any other reasons, deduct from his or her salary the payment of the cost of
other than those authorized under the Labor Code and its implementing insurance fees, premium or other insurance related charges, as
rules and regulations; provided under the compulsory worker's insurance coverage.
11) Failure to actually deploy a contracted worker without valid reason as
determined by the Department of Labor and Employment; The persons criminally liable for the above offenses are the principals, accomplices
12) Failure to reimburse expenses incurred by the worker in connection with his and accessories. In case of juridical persons, the officers having ownership, control,
documentation and processing for purposes of deployment, in cases where management or direction of their business that are responsible for the commission of
the deployment does not actually take place without the worker's fault. the offense and the responsible employees/agents thereof shall be liable.
Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage; and In the filing of cases for illegal recruitment or any of the prohibited acts under this
13) To allow a non-Filipino citizen to head or manage a licensed section, the Secretary of Labor and Employment, the POEA Administrator or their duly
recruitment/manning agency. authorized representatives, or any aggrieved person may initiate the corresponding
criminal action with the appropriate office. For this purpose, the affidavits and
llegal recruitment is deemed committed by a syndicate if carried out by a group of three testimonies of operatives or personnel from the Department of Labor and Employment,
(3) or more persons conspiring or confederating with one another. It is deemed POEA and other law enforcement agencies that witnessed the acts constituting the
committed in large scale if committed against three (3) or more persons individually or offense shall be sufficient to prosecute the accused.
as a group.
In the prosecution of offenses punishable under this section, the public prosecutors of
In addition to the acts enumerated above, it shall also be unlawful for any person or the Department of Justice shall collaborate with the anti-illegal recruitment branch of
entity to commit the following prohibited acts: the POEA and, in certain cases, allow the POEA lawyers to take the lead in the
a) Grant a loan to an overseas Filipino worker with interest prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled
exceeding eight percent (8%) per annum, which will be used for to receive additional allowances as may be determined by the POEA Administrator.
payment of legal and allowable placement fees and make the The filing of an offense punishable under this Act shall be without prejudice to the filing
migrant worker issue, either personally or through a guarantor of cases punishable under other existing laws, rules or regulations.
or accommodation party, postdated checks in relation to the
said loan; TAKE NO TE: PROHIBITED ACTS are under R.A. 8042, while OTHER
b) Impose a compulsory and exclusive arrangement whereby an PROHIBITED ACTS are under POEA Rules.
overseas Filipino worker is required to avail of a loan only from
specifically designated institutions, entities or persons; (20) Penalty for illegal recruitment?
c) Refuse to condone or renegotiate a loan incurred by an
overseas Filipino worker after the latter's employment contract SEC. 7. Penalties. -
has been prematurely terminated through no fault of his or her (a) Any person found guilty of illegal recruitment shall suffer the penalty of
own; imprisonment of not less than twelve (12) years and one (1) day but not
d) Impose a compulsory and exclusive arrangement whereby an more than twenty (20) years and a fine of not less than One million pesos
overseas Filipino worker is required to undergo health (P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
examinations only from specifically designated medical clinics, (b) The penalty of life imprisonment and a fine of not less than Two million
institutions, entities or persons, except in the case of a seafarer pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00)
whose medical examination cost is shouldered by the shall be imposed if illegal recruitment constitutes economic sabotage as
principal/shipowner; defined therein.
e) Impose a compulsory and exclusive arrangement whereby an
overseas Filipino worker is required to undergo training,
seminar, instruction or schooling of any kind only from
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Provided, however, that the maximum penalty shall be imposed if the Section 9. Prescriptive Period. All pre-employment/recruitment violation and
person illegally recruited is less than eighteen (18) years of age or disciplinary action cases shall be barred if not commenced or filed with the
committed by a non-licensee or non-holder of authority. Administration within 3 years after such cause of action accrued.
(C) Any person found guilty of any of the prohibited acts shall suffer the penalty of (25) Who may institute criminal action?
imprisonment of less than six (6) years and one (1) day but not more than twelve (12)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more SOLE, POEA admins, aggrieved persons
than One million pesos (P1,000,000.00).
(26) What if the offended party is under age?
If the offender is an alien, he or she shall, in addition to the penalties herein prescribed,
be deported without further proceedings. Shall be represented by the guardians.
In every case, conviction shall cause and carry the automatic revocation of the license (27) How is it instituted?
or registration of the recruitment/manning agency, lending institutions, training school
or medical clinic. (28) Who conducts preliminary investigation?
(21) X employed by Y, with a 2-year contract. After 3 months, the employer Prosecution Officer or Judge
increased the salary, but the increase was not processed through the
POEA. Is it IR? (29) Is there are need for PI?
Suggested answer: Would not be considered as IR. (might be under alteration of YES, in coordination w/ DOJ.
contracts) because it provides that it shall be to the prejudice of the worker. Such
increase is not to the prejudice of the worker. (30) What are the agencies tasked to implement RA 8042?
(22) Who may be held liable for illegal recruitment? DOLE, OWWA, POEA, NBI, DFA, DOJ, DOH, BI, NLRC, TESDA, CFO, PNP, CAAP
The persons criminally liable for the above offenses are the principals, accomplices (31) Sec. 10. What do you mean by joint and solidary liability?
and accessories. In case of juridical persons, the officers having ownership, control,
management or direction of their business who are responsible for the commission of Mutual Agency, Mutual Guaranty.
the offense and the responsible employees/agents thereof shall be liable.
(32) Does it bind a corporation?
(23) Where should a complaint be filed?
YES, the liability of the principal/employer and the recruitment/[placement agency shall
General Rule: POEA be solidary.
In regions outside the National Capital Region, may be filed with the appropriate (33) Does it attach automatically?
regional office of the POEA or DOLE
YES, the liability shall be incorporated in the contract for overseas employment and
The complaints and reports receive by the DOLE shall be endorsed to the POEA. shall be a condition precedent for its approval
After evaluation, POEA may endorse the case to the proper prosecution office. (34) When he has been terminated, what is he entitled to receive?
Sec. 10 of RA 8042, in connection with BSP Circular 799 s. 2013 on Interest and the
(24) What is the prescriptive period? digested case of Gargallo v. Dohle.
Section 7. Prescription. Illegal recruitment cases under this Rule shall prescribe in 5 Because BSP Circular 799, which provides for an interest rate of 6%, is merely a
years; provided, however, that illegal recruitment cases involving economic sabotage CIRCULAR, while R.A. 8042 is a substantive law.
shall prescribed in 20 years.
(35) Who has jurisdiction over monetary claims and damages?
LABOR ARBITERS, not just the NLRC. NLRC has appellate jurisdiction.
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(40) Can the family of OFW avail such loan?

(36) Powers and Functions of the Migrant Workers Resource Center?
Family Assistance Loans for emergency financing assistance
The Migrant Workers and other Overseas Filipinos Resource Center shall provide the
following services: (41) What is compulsory insurance coverage?
a. Counseling and legal services;
b. Welfare assistance including the procurement of medical and Each migrant worker deployed by a recruitment/manning agency shall be covered by a
hospitalization services; compulsory insurance policy which shall be secured at no cost to the said worker.
c. Information, advisory programs to promote social integration such as post-
arrival orientation, settlement and community networking services and (42) Who pays the premium?
activities for social interaction;
d. Registration of irregular/undocumented workers to bring them within the Recruitment/manning agency
purview of the Act;
e. Implementation of DOLE and OWW A Programs; (43) Policy coverage and how much for each benefit?
f. Human resource development, such as training and skills upgrading;
g. Gender-sensitive programs and activities to assist particular needs of Shall be effective for the duration of the migrant worker’s employment contract.
migrant workers;
h. Orientation program for returning workers and other migrants; • Accidental death – at least US$15,000.00; survivor’s benefit payable to the
i. Monitoring of the daily situation, circumstances and activities affecting migrant worker’s beneficiaries;
migrant workers and other overseas Filipinos; • Natural death - at least US$10,000.00; survivor’s benefit payable to the migrant
j. Ensuring that labor and social welfare laws in the receiving country are worker’s beneficiaries;
fairly applied to migrant workers and other overseas Filipinos; and • Permanent total disablement - at least US$7,500 disability benefit payable to the
k. Conciliation of disputes arising from employer-employee relationship, in migrant worker;
accordance with this Rule. • Repatriation cost of the worker when his/her employment is terminated by the
employer without any valid cause, or by the employee with just cause, including
(37) What is one country team approach? the transport of his/her personal belongings. (Actual cost)
• Subsistence allowance benefit - at least US$100 per month for a maximum of six
All officers, representatives, and personnel posted abroad, regardless of their mother (6) months for a migrant worker who is involved in a case or litigation for the
agencies shall, on a per country basis, act as one country team with a mission under protection of his/her rights in the receiving country;
the leadership of the ambassador. • Money claims arising from employer’s liability which may be awarded or given to
the worker in a judgment or settlement of his/her case in the NLRC. The
(38) What is the theory of imputed knowledge? insurance coverage for money claims shall be equivalent to at least three (3)
months salaries for every year of the migrant worker’s employment contract
SUNACE V. NLRC: • Compassionate visit. When a migrant worker is hospitalized and has been
The theory of imputed knowledge ascribes the knowledge of the agent to the principal confined for at least seven (7) consecutive days, he shall be entitled to a
not the other way around. Also, the agency between a foreign principal and its local compassionate visit by one (1) family member or a requested individual. (actual
recruitment agent is revoked if the foreign principal directly manages the business cost)
(hiring of employee) entrusted to the local recruitment agent, dealing directly with third • Medical evacuation. When an adequate medical facility is not available proximate
persons. to the migrant worker, as determined by the insurance company’s physician
and/or a consulting physician, evacuation under appropriate medical supervision
(39) What is a migrant worker’s loan? by the mode of transport necessary shall be undertaken by the insurance
provider (actual cost); and
Pre-Departure Loans - refer to loans granted to departing migrant workers covered • Medical repatriation. When medically necessary as determined by the attending
by new contracts to satisfy their pre-departure requirements such as payments for physician, repatriation under medical supervision to the migrant worker’s
placement/processing fees, airplane fare, subsistence allowance, cost of clothing and residence shall be undertaken by the insurance provider at such time that the
pocket money. migrant worker is medically cleared for travel by commercial carrier. (Actual cost)
Family Assistance Loans - refer to loans granted to currently employed migrant

workers or their eligible dependents/families in the Philippines to tide them over during
emergency situations. POEA Rules
Laws: Revised POEA Rules And Regulations Governing The Recruitment And Employment Of
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Land based Overseas Filipino Workers Of 2016 (Appendix of Azucena book)

To the agency who issued the closure order
9) If the motion was denied, what is the remedy?

1) When can POEA issue a closure order?
Appeal to the Secretary of Labor
Two days from termination of surveillance -10 days for Motion to Lift/Motion to Reopen
-15 days for appeal of POEA decision re: illegal recruitment
2) Should there be a complaint involving IR?
10) Can there be appeal on cancellation of license?
Yes.
11) Can they file an MR?
3) Can it be issued against a licensed agency?
No.
No. What will be issued is Cancellation.
12) Liability of the accredited DOH Clinic?
4) How is the closure order implemented?
In case an OFW is found to be not medically fit within fifteen (15) days upon his/her arrival in
SECTION 84. Implementation of Closure Order. — The Closure Order shall be served upon the country of destination, the medical clinic or health facility that conducted the health
the offender or the person-in-charge of the establishment subject thereof. The closure shall examination/s of such OFW shall pay for his/her repatriation back to the Philippines
be effected by sealing and padlocking the establishment and posting a notice of such closure and the cost of deployment of such worker.
in bold letters in a conspicuous place in the premises of the establishment. Whenever
necessary, the assistance and support of the appropriate law enforcement agencies may be Any DOH-accredited clinic which violates any provisions of this section shall, in addition to
requested for this purpose. 22 The Secretary, the Administrator or the DOLE Regional any other liability it may have incurred, suffer the penalty of revocation of its DOH
Director concerned shall recommend the immediate cancellation/revocation of the business accreditation if after investigation, the medical reason for repatriation could have been
permit to the local government unit where such establishment operates. detected at the time of examination
5) What is the effect of the closure order? 13) 12 days after deployment, employee was found to have hepatitis thus
repatriated, what is the liability of the clinic?
Inclusion in derogatory record, and be disqualified/barred from participation in the overseas
employment program of the government Pay for his/her repatriation back to the Philippines and the cost of deployment of such
worker.
6) Remedy of the owner of the building, against whom closure order was issued?
14) Who is primarily liable of repatriation?
• Motion to lift
• Motion to reopen Shall be the primary responsibility of the principal, employer or agency that recruited or
deployed him/her abroad.
7) What are the grounds?
15) Does it apply regardless of reason of termination?
Grounds for reopening the establishment
• The office in not the subject of the closure order NO, exception: after the worker has returned to the country, the principal or agency may
• The contract of lease with the owner of the building or the building recover the cost of repatriation from the worker if the termination of employment was due
administrator has already been cancelled or terminated solely to his/her fault.
• Office is shared by a person/entity not involved in illegal recruitment
• Any other analogous ground, determined by POEA 16) Kinds of repatriation?
Grounds for lifting a Closure Order
• The person/entity is later found our or has proven that it is not involved in o Emergency Repatriation in cases of war, epidemic, disasters or
illegal recruitment activities, whether directly or indirectly calamities, natural or man-made, and other similar events, without
• Any other analogous ground, determined by POEA prejudice to reimbursement by the responsible principal or agency
within sixty (60) days from notice
8) Where should they file?
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o Mandatory Repatriation of Underage Migrant Workers upon

discovery or upon being informed of the presence of migrant workers SECTION 5. Who are disqualified. — The following persons and entities are disqualified to
whose actual ages fall below the minimum age requirement for overseas participate in the recruitment and placement of workers for overseas employment:
deployment, the responsible officers in the Foreign Service shall without • Travel agencies and sales agencies of airline companies;
delay repatriate said workers • Officers or members of the Board of any corporation or partners in a
o Other Cases of Repatriation in all cases where the principal or partnership engaged in the business of a travel agency;
agency of the worker cannot be identified, cannot be located or had • Corporations and partnerships, where any of its officers, members of the
ceased operations, and the worker is in need and without means, the board or partners is also an officer, member of the board or partner of a
OWWA personnel at the jobsite, in coordination with the DFA, shall cause corporation or partnership engaged in the business of a travel agency;
the repatriation in appropriate • Individuals, partners, officers or directors of an insurance company who
make, propose or provide an insurance contract under the compulsory
17) Mr. X ran from his foreign employer. However, he stayed in the country but insurance coverage for agency-hired Overseas Filipino Workers;
jumped from one job to another. Now, he wants to go home. Who shall bear • Sole proprietors, partners or officers and members of the board with
the loss? derogatory records, such as, but not limited to the following:
i. Those convicted, or against whom probable cause or prima
18) Who may engage in recruitment and placement? facie finding of guilt is determined by a competent authority, for
illegal recruitment, or for other related crimes or offenses
1) Public employment offices committed in the course of, related to, or resulting from, illegal
2) Private recruitment entities recruitment, or for crimes involving moral turpitude;
3) Private employment agencies ii. Those agencies whose licenses have been revoked for violation
4) POEA of RA 8042 (Migrant Workers and Overseas Filipinos Act of
5) Construction contractors, if authorized 1995), as amended, PD 442 (Labor Code of the Philippines), as
6) Members of diplomatic corps amended, and RA 9208 (Trafficking in Persons Act of 2003), as
7) Other persons authorized by the DOLE amended, and their implementing rules and regulations;
8) Name-hires iii. Those agencies whose licenses have been cancelled, or those
9) Shipping or manning agents who, pursuant to the Order of the Administrator, were included
in the list of persons with derogatory record for violation of
19) What are the requirements? recruitment laws and regulations; and
iv. Any official or employee of the DOLE, POEA, OWWA, DFA,
CITIZENSHIP DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBI, PNP, Civil
o Sole proprietorship – Filipino Aviation Authority of the Philippines (CAAP), international
o Partnership & Corporations – 75% Filipino owned airport authorities, and other government agencies directly
CAPITAL REQUIREMENTS involved in the implementation of RA 8042, as amended, and/or
o If local – any of his/her relatives within the fourth civil degree of
§ Sole – 1M capital consanguinity or affinity.
§ Partnership and Corp – 1M paid-up
o If overseas 23) Mr. X was a former government employee who has committed graft and
§ Sole – 5M capital corruption, after serving his sentence, he now wants to put up a placement
§ Partnership and Corp – 5M paid-up capital agency, is he qualified?
NOT OTHERWISE DISQUALIFIED BY LAW
No, those convicted or whom probable cause has been determined, in relation to crimes of
20) What are the other amounts required to put up overseas employment? moral turpitude.
Filing fee, escrow deposit 24) What if he was convicted for not filing his SALN, is he qualified?
21) Purpose of Escrow Deposit NO, the non-filing of SALNs is a crime.
It is apart from the capital and is to answer for legal claims for employment related disputes 25) What is the period of validity?
and/or violation of labor law.
26) Distinctions of a provisional and regular license?
22) Who are disqualified?
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Sec. 9-15 (POEA) 39) The foreign principal wants to participate in the screening of the employees.
Does he need to have authorization?
27) When should you file for renewal of license?
40) What Is the period for filing?
Within 3 months before the expiration of license
41) Is conducting recruitment activity outside the registered address allowed?
28) Can POEA demand an additional escrow deposit?
YES, by securing a Special Recruitment Authority
29) When does POEA issue a provisional license?
42) What if nasunugan? Does it have to be published?
30) If they upgraded too regular, do they acquire additional 4 years?
43) What about putting up a satellite?
NO, full term of regular license is 4 years from the date of issuance of a provisional license.
So, plus two years lang. 44) What about expansions of recruitment agency?
31) How does placement agencies advertise job vacancies? Report to POEA, the expansion must be adjacent.
Sec. 68, POEA. W/o prior approval and within validity. 45) Limit of placement fee?
32) What is accreditation? Charge must not be more than the equivalent to 1 month basic salary
Refers to the grant of authority by the Administration to a foreign principal/employer to recruit 46) Exception for placement fee?
and hire Filipino workers through a licensed recruitment agency for overseas employment.
• Domestic Workers
33) Mr. X, has a prospective foreign principal not yet accredited, have numerous • Workers to be deployed to countries where the prevailing system, either by law, policy
job orders not yet accredited, may he advertise? or practice do not allow, directly or indirectly, the charging and collection of
recruitment/placement fee.
34) Mr. X has accredited foreign principals, he saw the publication ads but was
not satisfied. Can he o directly to any publication to modify such ads? 47) Skill testing? Sec. 56
Only through POEA, licensed recruitment agency, or POEA (Sec. 70) 48) When can the agency charge the placement fee?
35) Why are foreign principals prohibited from directly advertising? Only after signing the POEA-approved contract
36) Can Mr. X sell his license? 49) Aside from placement fee are there any fees that may be charged against the
workers?
NO. No license shall be used, directly or indirectly, by any other person other than the one in
whose favor it was issued, nor at any place other than that stated in the license, nor may • Documentation costs
such license be transferred, conveyed or assigned to any other person or entity. (Sec. 21) • Membership with Philhealth, PagIbig and SSS.
37) Mr. X sole proprietor died, can the wife takeover the business of the 50) Can a foreign principal be accredited in two or more agencies?
recruitment?
Up to 5 (memorandum circular no. 6)
NO. The license of the sole proprietorship shall automatically be revoked upon the death of
the sole proprietor. 51) Can it transfer accreditation from one agency to another?
38) When Mr. X died, he had 20 pending overseas workers for deployment. What YES, to another licensed recruitment agency. Provided, no downgrading of benefits, the
is the effect to the pending application? transferee assumes full responsibility of all contractual responsibilities and there are no
pending cases.
May be finished by the heirs
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52) Exclusive and original jurisdiction of POEA? POEA Rules, Rule VI (Jurisdiction)
(Sec. 138) 64) Can the POEA grant clemency to an OFW previously penalized with
disqualification?
53) Give 3 grounds wherein a foreign principal can be subject to sanction under
POEA? (Sec. 144) YES. Provided that any of the following exists:
a) The offense committed does not involve a serious offense, or crime involving
54) Grounds for disciplinary action against OFW? (Sec. 145) moral turpitude, misrepresentation or theft; or
b) There is a settlement of claims or the complainant has condoned the acts of
55) Can the POEA preventively suspend a license pending a case in litigation? respondent
c) He is a first time offender, and has the capacity to deploy.
Yes, Sec. 170.
56) Mr. X filed for illegal recruitment, POEA rules in his favor. What is the remedy
PRIVATE RECRUITMENT AND PLACEMENT AGENCIES
of recruitment agency?
Laws: DO 141-14 and its IRR
Appeal/Motion to Reconsider
1. Who are covered by DO 141-14?
57) Where to appeal?
Every person, partnership or corporation intending to engage or engaged in the
recruitment and placement for local employment through an agency (Sec. 2)
DOLE, Sec. 185
2. Requirements? (Sec. 6.)
58) Reglementary Period?
3. What are the qualifications? (Sec. 4)
15 days, Reckoned from the receipt of the Decision
4. Who are disqualified? (Sec. 5.)
59) Will the filing of appeal stay the execution of the judgement?
5. What if relative of the law officer? Up to what civil degree?
YES, except:
• When the penalty imposed is suspension of license for 12 months or more
6. Escrow deposit v. Security bonds? (Sec. 11.)
• When the penalty imposed is cancellation of license; or
• When the penalty imposed is permanent disqualification 7. Where to file application for PRPA?
60) Can you file an MR for a Decision of SoLE? Regional Office/Field Office having jurisdiction over the place where the applicant’s
intends to establish its office.
60 days upon the receipt of the transmittal of entire records
8. Validity?
61) Order in which execution shall proceed for garnishment?
3 years after the issuance
Sec. 193 (enumeration)
Execution shall proceed against the assets of the losing recruitment agency in the following 9. When can renewal be made?
order:
a) Supersedeas bond; YES. Not earlier than 60 days but not later than 30 days before its expiration.
b) Escrow deposit;
c) Personal property; and 10. Can it be done one month after expiration?
d) Real property
YES, but the filing of such application after the lapse of the prescribed period shall be
62) May the agency just pay a fine instead of serving suspension? subject to penalties as provided for in these rules.
Yes. Sec. 171. 50K/month of suspension 11. Can X sell his license to another person?
63) Ground for preventive suspension? (Sec. 168)
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NO. The license or authority to recruit shall not be transferred, conveyed or assigned to The authority to recruit may be issued together with the license by the concerned
any person or entity other than the one in whose favor it was issued. Regional/Field Office.
12. Can he change his address? 21. What is the period of the validity of SRA?
Valid for the date and venue indicated, unless extended, modified or revoked by the
Yes. An agency intending to transfer to a new place of business shall notify the Administration for violation of the conditions for its issuance. License to conduct
Regional Office that issued the license within 15 days prior to the intended date of recruitment activities outside its registered address
transfer.
22. X filed an application, but denied because he was previously convicted,
13. Is notification sufficient? does he have any remedy?
If transfer is within the region, YES. Appeal
In case of transfer to another region, and within fifteen (15) days prior to the date of 23. Can you file an appeal?
transfer, the agency shall:
a. Secure a clearance of no pending case from the issuing Regional Office; YES, an MR is allowed but a second MR is no longer allowed.
b. Notify the Regional Office which has jurisdiction over the new place of
business; 24. X hired janitor, Y, 2 months in service, Y abandoned his job, X demanded
c. Submit to the receiving Regional Office a clearance of no pending case, replacement?
location map of the new office and a copy of the contract of lease or
certificate of ownership; and An employer shall be entitled to a replacement of worker without additional cost or a
d. Publish the new address for two (2) consecutive weeks in a newspaper of refund of 75% of the service fee and transportation expenses subject to the following
general circulation. The receiving Regional Office must conduct an ocular conditions:
inspection of the agency’s new office to ensure compliance with i. If the worker is certified by a competent/government physician to be
requirements. suffering from a medical or mental illness within one month from the first
day of work rendering him incapable of discharging the minimum
14. Service contract v. recruitment contract requirements of the job; or
ii. If the worker abandons the job, voluntarily resigns, commits theft or any
15. What happens if the sole proprietorship dies? other acts prejudicial to the employer or his family within three months from
the first day of work
16. Grounds for the denial of application? (Sec. 50) iii. If it is imputable to the employee within 3 months
17. Can he conduct recruitment elsewhere outside the place of business? If the request for a replacement is beyond the abovementioned periods, the employer
shall pay an additional service fee as agreed by both parties.
The authority to recruit shall be valid nationwide.
25. Cease and desist? (Sec. 47)
18. What is authority to recruit?
Refers to a document issued by the Secretary through the Regional Director

authorizing a person to conduct recruitment activities for local employment on behalf of
ALIEN EMPLOYMENT PERMIT
a private employment agency. Laws: D.O. No. 186-17
19. Is it different from a license? 1. What is an alien?
License refers to a document issued by the Secretary through the Regional Director A person belonging to a different country or nation, especially one who is not a naturalized
authorizing a person, partnership or corporation to operate a private employment citizen of the country where they are living
agency.
2. Who are required to get an AEP?
20. X issued a license, should he secure authority?
All foreign nationals who intend to engage in gainful employment in the Philippines
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3. Alien, visiting, does he need AEP? supervised are professionals; does not include employees who primarily
perform tasks necessary for the provision of the service;
NO. Alien Employment Permit is one of the requirements in the issuance of a work visa to i. A Specialist: a natural person within the organization who
legally engage in gainful employment in the country. Not needed for tourists. possesses knowledge at a advanced level of expertise
essential to the establishment/provision of the service and/or
4. What is gainful employment? possesses proprietary knowledge of the organization ́s service,
research equipment, techniques or management.
A state or condition that creates an employer-employee relationship between the Philippine c. Contractual service supplier who is a manager, executive or specialist and
based company and the foreign national where the former has the power to hire or dismiss an employee of a foreign service supplier which has no commercial
the foreign national from employment, pays the salaries or wages thereof and has authority presence in the Philippines:
to control the performance or conduct of the tasks and duties. i. Who enters the Philippines temporarily to supply a service
pursuant to a contract between his/her employer and a service
5. Who are exempted from securing an AEP? consumer in the Philippines:
ii. Who enters the Philippines temporarily to supply a service
• All members of the diplomatic service and foreign government officials accredited by pursuant to a contract between his/her employer and a service
and with reciprocity arrangement with the Philippine government consumer in the Philippines;
• Officers and staff of international organizations of which the Philippine government is a iii. Must be employed by the Foreign Service supplier for at least
member, and their legitimate spouses desiring to work in the Philippines; one year prior to the supply of service in the Philippines.
• All foreign nationals granted exemption by law; d. Representative of a foreign principal in a manning agency
• Owners and representative of foreign principals whose companies are accredited by
the POEA, who come to the Philippines for a limited period and solely for the purpose 7. Wife of a diplomat wants to be a ballet instructor, is AEP required?
of interviewing Filipino applicants for employment abroad;
• Foreign nationals who come to the Philippines to teach, present and/or conduct NO. There is no engagement of gainful employment. There is no creation of an employer -
research studies in universities and colleges as visiting, exchange or adjunct employee relationship
professors under formal agreements between the universities or colleges in the
Philippines and foreign universities or colleges; or between the Philippine government 8. Why does DOLE distinguish those who are exempted from those excluded?
and foreign government: provided that the exemption is on a reciprocal basis; and –
• Permanent resident foreign nationals and probationary or temporary resident visa All foreign national excluded from securing AEP shall secure Certificate of Exclusion from the
holders under sec 13 of the Philippine Immigration Act of 1940. Regional Office
6. How about those excluded? 9. Is the exemption or exclusion automatic?
a. Members of the governing board with voting rights only and do not intervene in the 10. Who should secure the AEP?
management of the corporation or in the day-to-day operation of the enterprise.
b. Corporate officers as provided under the Corporation Code of the Philippines, Articles 11. X, Chinese, entered into a contract with B company as Chinese interpreter for
of Incorporation, and By-Laws of the Corporation such as President, Secretary, and 5 years. How long is the validity of AEP issued?
Treasurer.
c. Those providing consultancy services who do not have employers in the Philippines 3 years. The AEP shall be valid for the position and the company for which it was issued for
d. Intra corporate transferee who is a manager, executive or specialist as defined below in a period of 1 year, unless the employment contract, or other modes of engagement provides
accordance with Trade Agreements and an employee of the foreign service supplier for otherwise, which in no case shall exceed 3 years.
at least 1 year prior to deployment to a branch, subsidiary, affiliate or representative
office in the Philippines 12. Can AEP be processed subsequent to the hiring of the foreign national?
a. An Executive: a natural person within the organization who primarily directs
the management of the organization and exercises wide latitude in decision Newly hired or appointed officers may file the application for new AEP without penalty thereof
making and receives only general supervision or direction from higher within 15 working days after signing of contract or appointment.
executives;
b. A Manager: a natural person within the organization who primarily directs 13. Before securing AEP can he sign the contract of employment?
the management of the organization/department/subdivision and exercises
supervisory and control functions over other supervisory, managerial or YES. If the commencement of employment is later than the fifteen working days grace period
professional staff; does not include first line supervisors unless employees the application for new AEP may be filed before the commencement of employment without
penalty.
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• Misrepresentation of facts includes fraudulent misrepresentation that is a false

14. X, Chinese, after one year of employment was pirated to Y company. What is statement that will have a negative effect in the evaluation of the application was made
the status of AEP? knowingly, or without belief in its truth, or recklessly whether it is true or false.
Considered revoked. A change of position requires a new AEP 20. Foreign national has many creditors in China planning to sure him, sought
employment in the PH; can that be a ground for denial?
15. What is the period of validity of AEP?
As a general rule, 1 year (filing fee of 9k) NO. Unless, act penalized or is criminally charged which therefor makes him a fugitive
Exceptions: Not to exceed 3 years (+4k for every year or fraction of employment) from justice.
Renewal of AEP: filed not earlier than sixty days before expiration (permit fee of 4k for each a) Executive chef in Chinese restaurant, issue AEP?
year of validity or fraction) b) Validity of AEP in stipulated contract is 5 years, allowed? NO.
Must not exceed 3 years.
16. Alien transfers to another job, new AEP or not? c) Creditor filed a case, revocation of AEP? (Civil, debt of sum of
money) NO. Case is civil in nature, not criminal.
YES, additional position in the same company or subsequent assignment in related
companies during the validity of an existing AEP will be subject to a publication requirement. 21. What is the remedy if AEP denied?
17. Grounds for denial of application? • APPEAL to Secretary of Labor within 10 days from receipt of denial
• MR allowed within 10 days from receipt of decision
a. Misrepresentation of facts in the application; • 2nd MR not allowed
b. Submission of false documents;
c. The foreign national has been convicted of a criminal offense or a fugitive Denial or Cancellation of AEP: Foreign national is disqualified to re-apply within 10 years if
from justice in the country or abroad; denial was due to:
d. Grave misconduct in dealing with or ill treatment of workers; or a. Conviction of criminal offense or fugitive from justice in the country or
e. Availability of a Filipino who is competent, able and willing to do the job abroad; or
intended for or being performed by the foreign national; b. Grave misconduct in dealing with or ill treatment of workers
f. Worked without a valid AEP for more than a year;
g. Application for renewal with expired visa or with temporary visitor’s visa Barred for 5 years if due to misrepresentation of facts or submission of falsified
*fees forfeited documents
Barred for 5 years if found to have filed fraudulent application of AEP for three counts
18. Grounds for revocation/cancellation of AEP?
22. What is the penalty of an employer hiring an alien without AEP?
a. Non-compliance with any of the requirements or conditions for which the
AEP was issued; 10k for every year or fraction thereof An employer found to have failed to pay the penalty
b. Misrepresentation of facts in the application; provided herein shall not be allowed to employ any foreign national for any position in the
c. Submission of falsified or tampered documents; said company
d. Meritorious objection or information against the employment of the foreign
national;
e. The foreign national has been convicted of a criminal offense or a fugitive 23. How about the foreign national? What is the penalty?
from justice in the country or abroad;
f. Employer terminated the employment of the foreign national; 10,000 for every year or a fraction thereof
g. Grave misconduct in dealing with or ill treatment of workers; or
24. Who is a fugitive of justice?
19. Foreign national misrepresented civil status (single instead of married), is it a
ground for the denial of application? a) A person committed a 'crime' or has been charged for the commission thereof; and
b) Thereafter, leaves the jurisdiction of the court where said crime was committed or his
It depends. usual place of abode.
25. Is one considered a fugitive from justice if it’s a civil case? NO.
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6. Is the senior citizen required to present an ID to avail of the benefits?

26. Meritorious objection?
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of benefits
Any information/objection to the applicant of AEP, which merits the denial of the application or and privileges under the Act and these Rules, the senior citizen, or his/her duly authorized
cancellation of AEP representative, shall present as proof of eligibility, a valid and original Senior Citizens'
Identification Card issued by the Head of the Office of Senior Citizens Affairs (OSCA) of the
place where the senior citizen resides, and which shall be honored nationwide.
SENIOR CITIZEN ACT
Laws: RA 9994 (Expanded Senior Citizens Act) and its IRR CHILD LABOR AND WORK PERMIT
Laws: D.O. 65-04, IRR of R.A. 9231, as amending R.A. 7610, D.C. No. 2. Series of 2018
1. What is a senior citizen?
1. Who is a child?
Is an elderly, a resident citizen of the Philippines at least 60 years old. It may also apply to
Filipinos with dual citizenship status, PROVIDED, they prove their citizenship and must Refers to any person under 18 years of age
at least have 6 months of residency in the Philippines.
2. “Working child”?
2. Should he be a resident of the Philippines?
“Child labor” refers to any work or economic activity performed by a child that subjects
3. What are their privileges? him/her to any form of exploitation or is harmful to his/her health and safety or physical,
mental or psychosocial development.
a. 20% discount and VAT exemption on sale of goods and services
b. Medical and Drug Purposes – 20%, provided prescribed by the physician, or Refers to any child engaged as follows:
vitamins, and in availment of vaccines, Medical equipment brought fro drug § When the child is below eighteen (18) years of age, in work or economic activity
stores, Dental services, professional fees of physicians and health workers that is not child labor as defined in the immediately preceding sub-paragraph,
c. 20% on transportation and
d. 20% on hotels, restaurants and recreational centers, funeral and burial services § When the child below fifteen (15) years of age,
e. Income Tax exemption ♦ In work where he/she is directly under the responsibility of his/her
f. Free medical and dental services in the government parents or legal guardian and where only members of the child’s
g. Free vaccination for indigent senior citizens family are employed; or
h. Educational privileges – support for books, uniforms ♦ In public entertainment or information.
i. EXPRESS LANES
j. 5% Utility Discounts 3. Minimum Employable Age
4. What are the benefits for hiring a senior citizen? AS A GENERAL RULE, no child below 15 must work. EXCEPT:
a. When the child is under the sole responsibility of his parents, and that the parents
Section 2. Private entities that shall employ senior citizens as employees upon effectivity of are employed
the Act, shall be entitled to an additional deduction from their gross Income, b. When the child’s employment or participation in public entertainment or
equivalent to fifteen percent (15%) of the total amount paid as salaries and information is essential, regardless of the child’s role.
wages to senior citizens subject to the provision of Section 34 of the National Internal
Revenue Code (NIRC), as amended and the Revenue Regulations to be issued by the BIR Minimum employable age is 15. Thus, a child who is aged 15 to below 18, may
and approved by the DOF; Provided, however, That such employment shall continue for a be employed, provided that the activity to be performed is not hazardous, not
period of at least six (6) months; Provided, further, That the net annual income of the senior exploitative or not harmful to his/her health and safety or physical, mental or
citizen does not exceed the poverty level for that year as determined by NEDA thru the psychosocial development. No permit or certificate of employment for those
NSCB. above 15 is required.
5. What if the senior citizen is employed for 3 months only, is the employer still A child who performs work in his/her own household, family farm or business
entitled to reduction? undertaking, provided that the work is light, the working hours are not long thus
allowing for normal development, schooling, enough sleep and occasional play, is
NO. Refer to above provision. not a child laborer.
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
4. 8 year old, working for his parents’ sari-sari store, is he a working child?
(1) All the time the child is required to be at a prescribed workplace and (2) all the time the
YES, he falls in the sub-paragraph (i) of the Working Child definition. child is suffered to work, including rest hours
5. What if the parents were working with two other friends, and 8 year old helps 10. X, 10, child actor was secured by ad agency for elections and had a line
out, is he a working child? advertisement “Wag kayo sa kalaban, mayaman at mandurukot sila”
Still applicable, only helping out. Provided, the guardians are employed. 11. X, 8 years old, hired to participate in a political ad. No line, but was required
(1) When a child works directly under the sole responsibility of his parents or legal guardian to wear beggar clothes
and where only members of the employer's family are employed: Provided, however, That
his employment neither endangers his life, safety, health and morals, nor impairs his normal 12. What if the tagline of ad is: “Kung iboboto mo ang kalaban ko, magiging ganito
development; Provided, further, That the parent or legal guardian shall provide the said minor ang anak mo”
child with the prescribed primary and/or secondary education;
13. Baste, was employed in Eat Bulaga TV Special (7 AM – 1 PM) Parents and
6. Requirements on conditions of a working child? Baster agreed to render services for 5 days, with overtime pay twice his
salary. Is that allowed?
à WORKING HOURS
a) For a child below 15 years of age, the hours of work shall not be more than 14. Transportation from Antipolo (residence) to GMA, is that included?
twenty (20) hours as week, provided that the work shall not be more than
four hours at any given day; NO, from residence to place of work not included
b) For a child 15 years of age, but below 18, the hours of work shall not be
more than eight hours a day, and in no case beyond 40 hours a week; and 15. What is studio to the location of the shoot?
c) No child below 15 year of age shall be allowed to work between eight
o’clock in the evening and six o’clock in the morning of the following day YES.
and no child 15 years of age but below 18 shall be allowed to work between
ten o’clock in the evening and six o’clock in the morning of the following 16. What if his call time is 6 AM, but his shoot is at 8 AM, is it included in the
day. work hours?
Sleeping time as well travel time of a child engaged in public entertainment or YES, waiting hours are included.
information from his/her residence to his/her workplace shall not be included as hours
worked without prejudice to the application of existing rules on employees 17. What if GMA used CGI, then couldn’t find an extra. GMA has net, cushions,
compensation. doctor, and w/ agreement of hospital nearby. Baste and his parents agreed.
Did GMA violate D.O. 65-04?
à EMPLOYMENT DOES NOT ENDANGER THE LIFE AND THE SAFETY OF THE
CHILD YES, this is one of the worst forms of child labor, exposing him to physical danger. Recourse
maybe done by the SoLE to order the immediate closure of the establishment if there is
à PROVIDED WITH AT LEAST ELEMENTARY OF SECONDARY EDUCATION imminent danger to the life of the child in accordance with the occupational health and safety
standards. An imminent danger is a condition of practice that is reasonably expected to
à WITH A WORK PERMIT cause death or physical harm. (Golangco, 2017 Bar Lecture)
7. When is the employer required to secure a work permit? 18. Penalty imposed against institution?
When a child below 15 is employed If it resulted death, insanity, serious physical injury OR engaged in prostitution: CLOSURE,
and employer must pay employees affected with separation pay and other monetary benefits
8. Exceptions? applicable.
Spot extras or those cast within the day If didn’t result in death, insanity, spi:
st
• However, employer is still required to file a notice with Regional office 1 offense, immediate restitution and correction of violation. Failure to comply
nd
where the work is to be performed constitutes as 2 offense
nd
2 offense – restitution and prohibition from hiring a child for six months from the date
9. What are the required hours of work? (Rules) of occurrence of offense. Failure to comply leads to third violation
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
rd
3 offense – same as first Yes, violation. WORST FORMS OF CHILD LABOR.
th
4 – CLOSURE.
22. What If Ryzza Mae has a 10 million income, can her parents buy a 5 million
It is summary in nature, but due process is properly accorded. house with the same money?
19. What If the child doesn’t want to study despite the employer providing NO. Only 20% of Ryzza’s income will be used for the collective means of the family.
educational programs. Did the employer violate?
23. Who administers the child’s income?
YES, because it is a condition precedent the employment of the minor.
By both parents, in the absence of, or incapacity of either parents, the other shall administer.
20. What are the worst forms of Child Labor? In case both are absent, in accordance with the order of preference of parental authority in
the FC.
Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the
worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the 24. Grounds for cancellation of work permit?
following:
SECTION 22. Grounds for Suspension and Cancellation of Work Permit – The Regional
1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or Director shall suspend or cancel the work permit issued to a working child under the following
practices similar to slavery such as sale and trafficking of children, debt bondage and instances:
serfdom and forced or compulsory labor, including recruitment of children for use in (a) If there is fraud or misrepresentation in the application for work permit or any of
armed conflict; or its supporting documents;
2) The use, procuring, offering or exposing of a child for prostitution, for the production of (b) If the terms and conditions set forth in the child’s employment contract and/or
pornography or for pornographic performances; or employer’s undertaking have been violated;
3) The use, procuring or offering of a child for illegal or illicit activities, including the (c) If the employer fails to institute measures to ensure the protection, health, safety,
production and trafficking of dangerous drugs and volatile substances prohibited under morals, and normal development of the child as required in Section 7 (b)ii;
existing laws; or (d) If the employer fails to formulate and implement a program for the education,
4) Work which, by its nature or the circumstances in which it is carried out, is hazardous training and skills acquisition of the child; or
or likely to be harmful to the health, safety or morals of children, such that it: (e) If a child has been deprived access to formal, non-formal or alternative learning
systems of education.
a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being; or
b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
DISABILITY
stressful psychologically or may prejudice morals; or
Laws: Magna Carta on Disabled Persons (RA 7277), Labor Advisory No. 14 s. 2018, Labor Code:
c) Is performed underground, underwater or at dangerous heights; or
Arts. 78-81
d) Involves the use of dangerous machinery, equipment and tools such as power-
driven or explosive power-actuated tools; or
1. “Person with Disability”
e) Exposes the child to physical danger such as, but not limited to the dangerous
feats of balancing, physical strength or contortion, or which requires the manual
Those suffering from restriction of different abilities, as a result of a mental, physical or
transport of heavy loads; or
sensory impairment, to perform an activity in the manner or within the range considered
f) Is performed in an unhealthy environment exposing the child to hazardous
normal for a human being.
working conditions, elements, substances, co-agents or processes involving
ionizing, radiation, fire, flammable substances, noxious components and the like,
2. “Impairment”
or to extreme temperatures, noise levels, or vibrations; or
g) Is performed under particularly difficult conditions; or
Is any loss, diminution or aberration of psychological, physiological, or anatomical structure
h) Exposes the child to biological agents such as bacteria, fungi, viruses,
of function.
protozoans, nematodes and other parasites; or
i) Involves the manufacture or handling of explosives and other pyrotechnic
3. Where does a deaf-mute fall?
products.
HANDICAP
21. What if Baste’s talent is actually to jump from buildings was there any
violation?
4. “Handicap”
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Refers to a disadvantage for a given individual resulting from an impairment or a disability, Yes. Sec. 30-31.
that limits or prevents the functions or activity, that is considered normal given the age and
sex of the individual; 13. Mr. X is a deaf mute, applying as mail sorter at the post office. But was
denied by the office on the ground that the position needs someone who can
5. “Sheltered Employment”. Is this absolute? communicate and he needs someone who speaks. Is that tantamount to
discrimination?
6. Is the State required to provide sheltered employment to all PWDs?
14. BERNARDO v. NLRC. Why was the Magna Carta applied in this case?
7. Mr. X lost a right thumb, is that an impairment or handicap? Or is that a
disability? 15. What if the applicant was only mute, not deaf, and is actually knowledgeable,
is there discrimination?
Impairment
16. Mr. X, a person without limbs, was denied by the Labor Org because it would
8. What if he lost his right lower limb? Is he handicap? be inconvenient for him to join because his wheelchair will not fit.
Discrimination?
Disabled
17. Mr. Y, former pizza delivery, on his way back to the office, he fractured his
9. What if his work is to be a call center agent, and he does not use his limbs, is right knee, so he can’t operate a motorcycle. He was transferred to a desk
he considered a handicap or a person with disability? job, where he was found incompetent, so the business is nalulugi. Can he be
terminated because of that? Is that discrimination?
Qualified Individual with a Disability
18. Rights and Privileges of a disabled person?
10. Is it based on the work of the person?
19. Acts of Discrimination?
YES, in view thereof Labor Law
SECTION 32. Discrimination on Employment. No entity, whether public or private, shall
11. Incentives to employers who hire PWDS? discriminate against a qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of employees, employee
SECTION 8. Incentives for Employer compensation, job training, and other terms, conditions, and privileges of employment. The
following constitute acts of discrimination:
(a) To encourage the active participation of the private sector in promoting the welfare of
disabled persons and to ensure gainful employment for qualified disabled persons, adequate (a) Limiting, segregating or classifying a disabled job applicant in such a manner that
incentives shall be provided to private entities, which employ disabled persons. adversely affects his work opportunities;
(b) Using qualification standards, employment tests or other selection criteria that
(b) Private entities that employ disabled persons who meet the required skills or screen out or tend to screen out a disabled person unless such standards, tests or
qualifications, either as regular employee, apprentice or learner, shall be entitled to an other selection criteria are shown to be job-related for the position on question and are
additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the consistent with business necessity;
total amount paid as salaries and wages to disabled persons: Provided, however, That such (c) Utilizing standards, criteria, or methods of administration that:
entities present proof as certified by the Department of Labor and Employment that disabled 1) Have the effect of discrimination on the basis of disability; or
person are under their employ. Provided, further, That the disabled employee is accredited 2) Perpetuate the discrimination of others who are subject to common
with the Department of Labor and Employment and the Department of Health as to his administrative control;
disability, skills and qualifications. (d) Providing less compensation, such as salary, wage or other forms of remuneration
and fringe benefits, to a qualified disabled employee, by reason of his disability, than
(c) Private entities that improved or modify their physical facilities in order to provide the amount to which a non-disabled person performing the same work is entitled;
reasonable accommodation for disabled persons shall also be entitled to an additional (e) Favoring a non-disabled employee over a qualified disabled employee with respect
deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs to promotion, training opportunities, study and scholarship grants, solely on account of
of the improvements or modifications. This section, however, does not apply to the latter’s disability;
improvements or modifications of facilities required under Batas Pambansa Bilang 344. (f) Re-assigning or transferring a disabled employee to a job or position he cannot
perform by reason of his disability;
12. Can a PWD join or create a labor organization?
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(g) Dismissing or terminating the services of a disabled employee by reason of his retirement or a voluntary early retirement plan is consistent with the purpose of the law and
disability unless the employer can prove that he impairs the satisfactory performance of the Labor Code, such may be allowed.
the work involve to the prejudice of the business entities; Provided, however, That the
employer first sought provide reasonable accommodations for disabled persons; Another exception is when it is sprung out of a CBA, or is written in the contract and
(h) Failing to select or administer in the effective manner employment tests which company policies prior to the enactment of this law.
accurately reflect the skills, aptitude or other factor of the disabled applicant or
employee that such test purports to measure, rather than the impaired sensory, manual 4. If they want to implement voluntary retirement, do they need DOLE’s
or speaking skills of such applicant or employee, if any; and approval?
(i) Excluding disabled persons from membership in labor unions or similar organization.
Yes, they shall submit a report prior its implementation to the DOLE-Regional Office that has
20. Penalties? jurisdiction over the office.
SECTION 46. Penal Clause – 5. Company wants to employ bouncer, male, age 25-35, did it violate?
(a) Any person who violates any provision of this Act shall suffer the following No, unless it is able to prove that age is a bona fide occupational qualification reasonably
penalties: necessary in the normal operation of a particular business, or when it is based on reasonable
(a) For the first violation, a fine of not less than Fifty thousand pesos factors other than age. This is one of the exceptions provided.
(P 50,000.00) but not exceeding One hundred thousand pesos (P
100,000.00) or imprisonment of not less than six (6) months but 6. Prohibited Acts?
not more than two (2) years, or both at the discretion of the court;
and • EMPLOYMENT
(b) For any subsequent violation, a fine of not less than One hundred i. Print or publish any notice relating to employment that suggests a
thousand pesos (P 100,000.00) but not exceeding Two hundred preference in age
thousand pesos (P 200,000.00) or imprisonment for less than two ii. Require the declaration of age on application
(2) years but not more than six (6) years, or both at the discretion iii. Deny an employment application based on age
of the court. iv. Deny a promotion by reason of age
v. Discriminate against an individual in terms of compensation, privileges
(b) Any person who abuses the privileges granted herein shall be punished with vi. Lay-off because of old age
imprisonment of not less than six (6) months or a fine of not less than Five thousand vii. Require early retirement without benefits
pesos (P 5,000.00) but not more than Fifty thousand pesos (P 50,000.00), or both, at
the discretion of the court. • LABOR ORG
i. Deny membership because of age
(c) If the violator is a corporation, organization or any similar entity, the officials thereof ii. Cause the employer to discriminate an employee by reason of age
directly involved shall be liable therefor. (d). If the violator is an alien or a foreigner, he
shall be deported immediately after service of sentence without further deportation • PUBLISHER
proceedings. i. To publish any notice suggesting preferences based on age
7. Is the hiring of pilots beyond 60 years of age an act of discrimination?

ANTI-AGE DISCRIMINATION
Law: RA 10911 and D.O. 170 s. 2017 NO, same answer with the bouncer hypo.
1. Coverage 8. Exceptions to the Prohibited Acts?
2. Do we have to consider the health hazards? a. If age is a bona fide occupational qualification reasonably necessary in the
normal operations of a particular business, or when differentiation is based on
3. Bank has retirement plan where employees can retire at Age 55. Did it other factors other than age
violate? b. Intent is to observe a bona fide seniority system that is not inconsistent with
these Rules
As a general rule, imposing early retirement on the basis of employee’s age is a prohibited c. Intent is to observe the terms of a voluntary retirement in accordance with these
act. However, if the Bank’s intent is to observe the terms of a bona fide employment Rules
d. Action is duly certified by the SoLE in coordination with the stakeholders.
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e. If there is a CBA, contract and company policies prior the enactment of these
Rules. • Must not be below 15 years of age
• A Learnership Agreement is duly executed
9. Penalties?
7. Qualifications of an apprentice?
Fine not less that P50,000 but not more that P500,000 or imprisonment of not less than 3
months but not more than 2 years, or both, at the discretion of the court. a. At least 15 years of age. Provided, that in case below 18, they are assigned
to non-hazardous occupations;
b. Must be physically fit, or physically able in case of PWDs;
APPRENTICESHIP & LEARNERS c. Must possess vocational aptitude and capacity for particular occupation;
d. Able to comprehend and follow the oral and written instructions.
Laws: R.A. 7796 and its IRR, Labor Code: Arts. 57-77
8. How do you determine if it’s an apprenticeship or learnership? Is there an
agency?
1. Who is an apprentice?
TESDA
An apprentice is a person undergoing training for an approved apprenticeable
occupation during an established period assured by an apprenticeship agreement (R.A.
9. Does the TESDA set forth the guidelines for the apprenticeship?
7796, Sec. 4. par. (k))
YES, by the Office of the Non-Formal Technical-Vocational Education Training
2. What is an apprenticeable occupation?
10. Requirement for valid apprenticeship agreement?
Is an occupation officially endorsed by a tripartite body and approved for
apprenticeship by TESDA. (R.A. 7796, Sec. 4. Par (m)) that requires 3 month of
a. Must indicate the names of the contracting parties
practical training on the job supplemented by theoretical institution.
b. Birthdate of the apprentice
c. Name of trade or occupation that the apprentice shall be trained with, with
3. What are the criteria to determine an apprenticeable occupation?
indication of when it will begin and end;
d. Schedule of work, and time
a. Qualifications of apprenticeship are met
e. Wages
b. Apprentice earns not less than 75% of the prescribed minimum salary
f. Probationary period
c. Apprenticeship agreement is duly executed and signed
g. A clause that if the employer is unable to fulfill his training obligation, that
d. Apprenticeship program must be approved by TESDA, otherwise, he will be
he may transfer the agreement, with consent of the apprentice, to any
deemed as a regular employee
other employer who is willing to assume such obligation.
e. Period shall not exceed 6 months
11. CCC vs. Palad case
4. Are learners and apprentices the same?
12. How long shall apprenticeship agreement last?
NO. Learners are persons hired as trainees in semi-skilled occupations, which are non-
apprenticeable and may be learned through practical training on-the-job, which shall
Not less than 3 months, but not more than 6 months.
not exceed 3 months.
- 400 hours or 2 month for trades or occupations which normally require a year or
more for proficiency, and
- Learners are only hired when there are no other experienced workers available, while
- 200 hours or 1 months for those the require less than 1 year of proficiency
Apprentices are hired when they possess vocational aptitude after being assessed
through tests.
13. Can it extend up to 8 months?
5. Minimum age of learners and apprentices?
No, (Atlanta v. Sebolino) it will be considered as an invalid apprenticeship or he may be
considered as regular employee.
For both: 15 years old, provided that those below 18 are hired only for non-hazardous
jobs.
14. When can an employer hire a learner?
6. Qualifications of a learner?
a. When no experienced workers are available;
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
b. The employment of such is necessary to prevent curtailment of

employment opportunities; Urban Growers
c. No unfair competition and impairment of working standards Water quality technicians
Clean Car engineers
15. If employers employ apprentices, are they required to hire the apprentice Recyclers
after the lapse of agreement? Wind Energy workers
NO. The employer is not required. 5) Agencies involved?
16. What about a learner? Are they automatically hired? PSA

DOF
The employer is compelled to employ the learner as a regular employee if he desires DENR
upon the completion of learnership. DepED
CHED
17. Who can terminate an apprenticeship agreement? TESDA
NEDA
Either party, after the probationary period and only through valid cause (ex. Program DTI
no longer exists) *check mem-aid for valid causes of termination PRC
DOST
18. Is an apprenticeship valid even if there is no compensation? DOTr
DOT
YES. When training on-the-job: DPWH
(1) when required by a school curriculum; Climate Change Commission
(2) for taking a government board exam.
19. Do you need the approval of DOLE?

JOBSTART PHILIPPINES ACT
Laws: RA 10869 and D.O. 179 s. 2017
Yes, the DOLE through the Apprenticeship Division may authorize the hiring of
apprentices without compensation.
1. What is Job Start Philippine Program
DOLE’s program designed to enhance the employability of at-risk youth to improve their
PHILIPPINE GREEN JOBS ACT OF 2016 integration into productive employment through the provision of the full cycle employment
Laws: RA 10771 and D.O. 180 s. 2017 facilitation services, life-skills training, job search assistance and job referrals.
1) What are Green Jobs? 2. Purpose of the Program?
Refer to employment that contributes in preserving or restoring the quality of the To shorten the youth’s school to work transition
environment. These are jobs that help to protect ecosystems ad biodiversity, etc.
3. Allowance?
2) What is Green Economy?
Trainees – Daily training allowance determined by DOLE Internship (life skills and technical
One, which is low carbon and resource efficient, and results in the generation of green jobs… training)
entire definition for plus points – Daily stipend of not less than 75% of minimum wage
3) What are the incentives? 4. If he exceeded 3 months, should he be considered a regular employee?
Tax Deduction – 50% from the taxable income equivalent He is considered probationary employee, which must not exceed 6 months.
Exempt Importation of Capital Equipment – not custom duties and taxes
5. Is the employer obligated to hire the employee?
4) What are examples of Green Jobs?
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No, employer must consider job-readiness 13. What is the administrative fee?
6. Who are qualified? Preparation of payroll of Jobstart trainees

Use of supplies and equipment
• Filipino citizen Indirect/direct expenses pertaining to the training.
• 18-24 years of age at the time of registration. Those who are 17 years old may - Up to the maximum of 6 months
also register provided that they will be 18 years old at the time of the technical
training. At least high school graduate* 14. Can you still join the program if you graduated?
• Either currently not working, or have less than a year of work experience, not
enrolled in an educational or training program during the time of registration 15. PROGRAM DESIGN? Part II
• With less than 1 year, or no work, experience
*please check new IRR, considering K+12 program 16. What is the Participation Agreement? What is its nature?
7. Coverage 17. Who conducts the job training?
Under JobStart, the youth beneficiaries shall receive full-cycle employment facilitation PESO staff
services that include:
• Career Guidance and Coaching, to be provided by PESO staff and other trained 18. Is it correct to say that the Jobstart replaced apprenticeship?
career guidance coaches and advocates;
• Life Skills training for 10 days; No. #10 questions
• Technical skills training for up to three months; and
• Company-based internships for up to six months. 19. Who pays for the allowance stipend? Is it subsidized by DOLE?
8. Jobstart Internship v. Jobstart Technical v. Jobstart Life Skills Training Training stipend - from JobStart Unit
Internship stipend - It is the employer’s duty to pay the trainee, paid once every 2 weeks.
Internships – practical learning of a trainee in a regular work environment under the Yes, with funding support from DOLE.
mentorship of an employee for a period of up to 3 months.
Technical training – technology-based theoretical instruction for a maximum period of 3 20. If the PESO made job matching, are they required to execute a contract?
months. Maybe lecture of hands-on exercises
Life skills training – 10 day training to develop the attitude of trainee, enabling them to plan 21. What are in the contract?
their career
22. Do they have Er-Ee relationship?
9. Can a jobstart trainee participate in the internship without the life training?
NO,
Yes, what is only required is that the he has completed the technical training.
1. Right to hire or to the selection and engagement of the employee.
10. How is it different from apprenticeship? 2. Payment of wages and salaries for services.
3. Power of dismissal or the power to impose disciplinary actions.
In Jobstart, the target population of the DOLE are out-of-school ‘at risk’ youth. 4. Power to control the employee with respect to the means and methods by which
the work is to be accomplished.
11. What are the fees needed?
This is known as the right-of-control test.
Training grant and administrative fees.
23. Remedies available to the employer?
12. What is the ‘training grant’?
24. Function & Composition of the Grievance Committee
In-house training cost per trainee. The amount is determined by DOLE, which may be
adjusted during its annual program review. Higher fees may be requested fro highly skilled, Sec. 17. Grievance Committee. – The Grievance Committee shall have the initial
but subject to DOLE’s approval. responsibility of settling differences in case of any violation of the training agreement or
upon the filing of a complaint by an aggrieved party. The Grievance Committee shall be
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
composed of the officials and representatives of the concerned DOLE regional and field A grievance against or involving a JobStart trainee is to be resolved preliminary by the
offices, and PESOs that have jurisdiction over concerned establishments. The Committee LGU/PESO Level Grievance Committee, but may be referred to the DOLE Field Office or
shall investigate and render a decision pursuant to pertinent rules and regulations. In case directly to the DOLE Regional Office Level Grievance Committee if not resolved in the
of failure by the Grievance Committee to settle the issue or render a decision, or in case the LGU/PESO Level.
complaint is against members of the Grievance Committee, the case shall be referred to the
DOLE-BLE for appropriate action.
a. LGU/PESO Level Grievance Committee

i. PESO Manager, as Chairperson
ii. Members consisting of the senior representative of the LGU as 27. Ground for termination by trainee?
designated by the local chief executive
b. DOLE Regional Office Level Grievance Committee d. Unsafe working conditions
i. The Director of the DOLE Regional Office, as Chairperson e. Cruel treatment
ii. Members, consisting of 1 or 2 Field Office representatives, the DOLE f. Continuing illness
Regional Office Jobstart representative, and concerned PESO g. Pregnancy
Managers h. Migration
c. BLE Level Grievance Committee i. Non-compliance of the employer of the conditions
i. The Director of BLE, as Chairperson
ii. Members consisting of Division Chief and BLE Jobstart Program 28. Procedure of filing cases in Jobstart?
Officer/s
• PESO has initial jurisdiction
25. Allowed absences in life skills training? • LGU
• DOLE – 20 DAYS to resolve, then final & executory in 10 days
Must have been present 80% of the training days (so if 10 days, dapat 2 lang absences
niya) 29. Are there any incentives to employer for participating?
26. Dispute on trainee
Table 1 - JobStart v. Apprenticeship v. Learner
Target Agency who Age Duration Required to Compensation Cause/s of termination by Cause/s of termination
Population implements Requirement Hire ER by Ee
Jobstart Out-of-school ‘at- JobStart Unit, 18-24 years old. Internships – for a NO, employer Stipend 1. Habitual absenteeism 5. Unsafe working
trainee risk’ youth PESO, DOLE A 17-y/o may be period of up to 3 must consider Allowance 2. Willful disobedience conditions
allowed to join if months. job readiness 3. Theft or malicious 6. Cruel treatment
he/she will turn Technical training because work destruction 7. Continuing illness
18 before the – for a maximum is easily 4. Engaging in violence 8. Pregnancy
commencement period of 3 months. learnable 9. Migration
of the job. Life skills training – 10. Non-compliance of the
10 days employer of the
conditions
Apprentice Any person TESDA Any person 15 More than 3 No obligation Must not be 25% 1. Poor Physical condition 1. Deleterious working
qualified for a or above, months, but must to hire lower than the 2. Habitual Absenteeism conditions
highly-skilled provided, that if not exceed 6 prevailing 3. Willful disobedience 2. Bad health/continuing
apprenticeable he/she is below minimum wage 4. Poor efficiency illness
occupation 18, he/she is 5. Engaging in violence 3. Cruel/inhumane
assigned to non- 6. Theft or malicious treatment
hazardous jobs destruction 4. Repeated violence
5. Personal problems
Learner Any person TESDA Any person 15 Not less than 6 Upon the Must not be 25%
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qualified for semi- or above, months completion, lower than the Cancellation of the program—when the program no longer
skilled occupations provided, that if the employer prevailing exisits
approved by he/she is below may be minimum wage
TESDA 18, he/she is compelled to
assigned to non- hire learner
hazardous jobs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
EMPLOYER-EMPLOYEE RELATIONSHIP a. Selection and engagement of the employee

Laws: Labor Code b. Payment of wages
Frequently asked cases: Lu v. Enopio, Nestle v. Pineda, Locsin v. PLDT, TAPE v. Servana, c. Power of dismissal; and
Jardin v. NLRC, Bernarte v. PBA, Coca-Cola v. Climaco, Tongko v. Manulife, Sonza v. ABSCBN, d. Power to control
Dumpit Murillo v. CA, David v. Macasi, Chevron v. Galit
*All these need to exist
1. Who is an employer?
6. Which test do you apply?
Employer – one for whom employees work and who pays their wages or salaries, any person
natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, Generally, the four-fold test or the control test. But in the event where it is still hard to
industry, undertaking or activity of any kind and uses the services of another person who is determine, the two-tiered test must apply.
under his order as regards the employment
7. Differentiate Sonza v. Dumpit Murillo
2. Who is an employee
In Sonza, there was no control test. It was ruled that Jay Sonza was only acting under an
Employee – any person who performs services for an employer in which either or both Agreement between ABS-CBN and he was given the freedom to execute the hosting
mental and physical efforts are used and who receives compensation for such services, according to his own style. Control test was not applicable.
where there is employer -employee relationship.
In Dumpit-Murillo case, it is evident that the contract was only there to preclude her tenurial
3. In Francisco v. NLRC, what is the two-tired test? employment. It is also evident that ABC had full control over her means and method and that
she was dependent of ABC for employment.
1) The putative employer’s power to control the employee with respect to the means
and methods by which the work is to be accomplished
2) Economic realities of the activity or relationship EMPLOYMENT BENEFITS
Laws: Labor Code, Handbook on Workers Statutory Monetary Benefits, D.O. No. 118-12 s. 2012,
*for reference, check Orozco case (PDI employment, columnist) Expanded Breastfeeding Act and its IRR (D.O. No. 143-15), D.O. No. 178-17 (Spend Long Hours
Sitting), D.O. 178-17 (Spend Long Hours Standing)
4. What are the guidelines? 7 economic realities Cases: Autobus v. Bautista
1) Extent to which the services performed formed an integral part of the employer’s 1. What does Art 82 provide?
business
2) Extent of the worker’s investment in equipment and facilities Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments
3) Nature and degree of control exercised by the employer and undertakings whether for profit or not, but not to government employees, managerial
4) Worker’s opportunity for profit and loss employees, field personnel, members of the family of the employer who are dependent on
5) The amount of initiative, skill, judgement required for the success of the claimed him for support, domestic helpers, persons in the personal service of another, and workers
independent enterprise who are paid by results as determined by the Secretary of Labor in appropriate regulations.
6) Permanency/duration of the relationship
7) Degree of dependence of the worker upon the employer for his continued As used herein, "managerial employees" refer to those whose primary duty consists of the
employment in that line of business (Francisco v. NLRC) management of the establishment in which they are employed or of a department or
subdivision thereof, and to other officers or members of the managerial staff.
5. What is the four-fold test?
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"Field personnel" shall refer to non-agricultural employees who regularly perform their duties Top management
away from the principal place of business or branch office of the employer and whose actual ————————
hours of work in the field cannot be determined with reasonable certainty.
Middle Management
3 2
2. Benefits provided in Title I, Book 3 (Reg -WON-CAS ) ——————————
1) Regular working hours First-Line Management (also called Supervisor)

2) Regular working days
3) Regular meal periods ====================
4) Weekly rest
5) Overtime work Operatives or Operating Employees
6) Night-shift differential pay
7) Compensation fro holiday work FIRST-LINE MANAGERS — The lowest level in an organization at which individuals
8) Additional compensation for weekends and schedules rest days are responsible for the work of others is called first-line or first-level management. First-
9) Service Incentive Leave line managers direct operating employees only; they do not supervise other managers.
10) Share in collective service charges Examples of first-line managers are the "foreman" or production supervisor in a
manufacturing plant, the technical supervisor in a research department, and the clerical
3. Who is a managerial employee? supervisor in a large office. First-level managers are often called supervisors.
"Managerial employees" refer to those whose primary duty consists of the management of MIDDLE MANAGERS — The term middle management can refer to more than one
the establishment in which they are employed or of a department or subdivision thereof, and level in an organization. Middle managers direct the activities of other managers and
to other officers or members of the managerial staff. sometimes also those of operating employees. Middle managers' principal
responsibilities are to direct the activities that implement their organizations' policies
4. Difference of a supervisor to a manager? Art 212 (m) and to balance the demands of their superiors with the capacities of their subordinates.
A plant manager in an electronics firm is an example of a middle manager.
Supervisory employees are those who, in the interest of the employer, effectively recommend
such managerial actions if the exercise of such authority is not merely routinary or clerical in TOP MANAGERS — Composed of a comparatively small group of executives, top
nature but requires the use of independent judgment. All employees not falling within any of management is responsible for the overall management of the organization. It
the above definitions are considered rank-and-file employees for purposes of this Book. establishes operating policies and guides the organization's interactions with its
environment. Typical titles of top managers are "chief executive officer," "president,"
5. Characteristics of a manager? and "senior vice-president." Actual titles vary from one organization to another and are
not always a reliable guide to membership in the highest management classification.2
i. Primary duty consists of the management of the establishment
ii. Customarily and regularly direct the work of two or more employees therein As can be seen from this description, a distinction exists between those who have the
iii. Have the authority to hire or fire other employees of lower rank; or their suggestions authority to devise, implement and control strategic and operational policies (top and
and recommendations as to the hiring and firing and as to promotion are given middle managers) and those whose task is simply to ensure that such policies are
particular weight carried out by the rank-and-file employees of an organization (first-level
managers/supervisors). What distinguishes them from the rank-and-file employees is
6. Why are managerial employees not entitled to benefits? that they act in the interest of the employer in supervising such rank-and-file
employees.
They are employed by reason of their special training, experience, or knowledge. Therefore,
the value of their work cannot be measured in terms of hours "Managerial employees" may therefore be said to fall into two distinct categories: the
"managers" per se, who compose the former group described above, and the
7. Types of managerial employees (United Pepsi-Cola Supervisory Union v. Luagesma) "supervisors" who form the latter group. Whether they belong to the first or the second
category, managers, vis-á-vis employers, are, likewise, employees.
Types of Managerial Employees
The term "manager" generally refers to "anyone who is responsible for subordinates 8. X is head of accounting department, required to log in and out of work. She
and other organizational resources." works for 8 hours and supervises 5-6 employees, assess and rates
subordinates, recommends disciplinary actions. Is he a managerial employee?
As a class, managers constitute three levels of a pyramid:
9. What is a domestic helper?
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
• Nurses
1. Perform services in the employer’s home which are usually necessary and • Workers
desirable for the maintenance or enjoyment thereof • Dieticians
2. Minister to the personal comfort, convenience or safety of the employer’s • Pharmacists
household • Lab technologists
• Midwives
10. What is a field personnel?
18. Work day v. Work week
1) Who regularly perform their duties away from the principal place of business or
branch office of the employer; and A workday is a 24-hour period commencing from the time an employee regularly starts to
2) Whose actual hours of work in the field cannot be determined with reasonable work regardless of whether the work is broken or continuous. It may not conclude with a
certainty calendar day (Calendar day start from 12mn to 11:59 PM)
11. What is an example of field personnel? An employee's workweek is a fixed and regularly recurring period of 168 hours—seven
consecutive 24-hour periods.
Doctor/physician in the case of Coca-Cola v. Climaco
19. Mr. X, clerk, worked from 8 AM – 6 PM, how many hours were worked?
12. X is a pahinante, he sleeps in the truck. Is that considered as hours worked?
20. Is mealtime compensable? Omnibus Rules on LC
13. Piece-rate workers v. workers by result
GENERAL RULE, No. It is imperative for the employer to give his employees not less than 1-
These are those whose work is not measured by the time they spent the time to complete the hour time off for regular meals except in the following cases when a meal period of less that
work. TIME IS NOT AN ELEMENT. Such work is measured either by: (a) piece; (b) task. 20 minutes may be given by the employer and is considered as compensable in the following
cases:
14. Normal hours of work (a) when work is non-manual work and does not require physical exertion
(b) when the establishment operates not less than 16 hours a day
8-hour Labor Law (Art. 83) (c) Impending emergencies
Shall not exceed 8 hours per day. The basis of the 8-hour work requirement is to ensure that (d) when work is necessary to prevent serious loss of perishable goods.
the best work conditions are provided for the employees
21. Who fixes the meal period of the employee?
15. How do we compute the 8 hours
The employer
ART 84. Shall include: (a) all the time the employee is required to be on duty; (b) all the time
that an employee is suffered/permitted to work 22. Is it okay to set the meal period 2-3 PM? Is it not fixed to 12NN-1PM?
16. Do we prescribe these rules in the hospital? 23. Are coffee breaks counted?
As provided in Article 83, YES. But this provision DOES NOT APPLY to health personnel in YES, provided that it will only run from 5 minutes to 20 minutes
the gov’t service.
24. X, a Company driver was tasked to drive to Er from house to work required to
à Those with a population AT LEAST 1 million or in hospitals or in hospitals and wait until the end of employer’s work. X sleeps while waiting, is it considered
clinic with a bed capacity of AT LEAST 100 hours worked?
a) Shall be 8 hours a days for 5 days a week or 40 hours a week, exclusive of meal times Yes, he is considered as Engaged To Wait, and (1) his waiting time is an integral part of his
b) In case of exigencies, they may work for 6 days or 48 hours, but must be entitled to work; (2) he was required by his employer to wait; and (3) He was required to be on-call.
additional compensation of at least 30% of their regular wage for the work performed
that day. 25. Is it required that X needs to be nearby? What if his house is near the Er’s
workplace, can he go home?
17. Coverage
Yes, he is required to be within the area or so close thereto.
• Resident Physicians
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26. Who determines the rest day?

Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed
Art. 91. It shall be the duty of every employer to provide each of his employees a rest period eight (8) hours a day.
of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal
workdays. Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that
the employee is paid for the overtime work, an additional compensation equivalent to his
The employer shall determine and schedule the weekly rest day of his employees to be regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight
subject to collective bargaining agreement and to such rules and regulations as the Secretary hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate
of Labor and Employment may provide. However, the employer shall respect the preference of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
of employees as to their weekly rest day when such preference is based on religious
grounds. 32. What if these employees have been working from 8-5 for 7 years, is the
employer allowed to change that?
27. The employer is a storeowner, X works there and his rest day is Saturday, but
the Er compels X to work on a Saturday. Can he do that? Yes, it is part of a valid management prerogative. Provided, that there are no diminution of
benefits and employees were duly notified
28. Mr. X attends mass on Sundays, and he works at a restaurant, is the employer
mandated to grant this request? 33. Can employee lessen hours of work?
The law protects both current employees and job applicants against religious discrimination. YES, the Labor Code provides for the maximum and not minimum.
Since asking job applicants about their availability on specific days tends to screen out
employees with certain religious practices who need accommodation, employers should not 34. What if the reason is to avoid profit losses?
ask this question during the hiring process.
35. If brownout was for 4 hours. Company told them that they could do whatever
Will be tantamount to religious discrimination. they want but not leave the office. Is it considered hours worked?
29. Can employer shorten work hours from 8 to 6 hours? HYPO: Mr. X owns a DOLE Policy Instruction No. 36
company, and has 60 employees. He observed that from 8-9 AM, the workers 1. If 20 minutes or less, compensable hours
only chat and after lunch, they sleep, 6 hours lang talaga yung actual work. 2. More than 20 minutes, not hours worked, provided:
o They can leave their workplace or go elsewhere
Yes, provided that the shortening will be proportionate to what the regular working hours o Use the time effectively
provide.
36. How about CBA negotiations?
30. Is the travel from home to office via company bus, is it considered?
GENERALLY, not compensable, except if:
YES. It Is one of the exceptions. à there is an agreement;
à established practice
GENERALLY, NO. Except: (1) working on an emergency call; (2) if the conveyance is à done during regular work hours
provided by the employer; (3) travel is under the supervision and control of the employer.
Grievance meeting – COMPENSABLE, if employees are required by employer to be on
31. Does the under time offset overtime? the premises, EXCEPT: when there is a bona fide union is involved and there is a CBA
Conciliation – not compensable if the conciliation is against the Er
NO. Strikes – not compensable, except if there is an agreed strike duration pay
Art. 88. Under time not offset by overtime. Under time work on any particular day shall not be 37. What about conferences?
offset by overtime work on any other day. Permission given to the employee to go on leave
on some other day of the week shall not exempt the employer from paying the additional 38. What is CWW?
compensation required in this Chapter.
Resorted by the employer, they must agree to the temporary change, provided:
The principle here is that the employee should not be deprived of the benefit of overtime pay. (1) supported by majority of the employees;
Under the law, the normal hours of work of any employee shall not exceed 8 hours. Anything (2) if work is hazardous, there must be a Certification;
beyond 8 hours should be paid the overtime premium. (3) DOLE is notified
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Payment of 30% on a holiday

Conditions:
• if work beyond 8 hours will not be compensable by OT premium provided it 48. Can OT pay be waived?
will not exceed 12 hours
• Entitlement to meal periods The right to overtime pay cannot be waived. Any stipulation in a contract stating that an
• No diminution of benefits employee must work beyond eight hours without being compensated for it is illegal.
39. CWW v. Flexible work arrangements Except: if promised of better benefits and compressed work week, or for when there is a
need for such when it might cause loss or injury to the employer’s business.
D.A. No. 2-9
- Is a better alternative than the outright termination of the services of the employee, ad must 49. Mr. X is a part-time security guard who works for 4 hours. On Feb 5, tasked to
also be temporary: work 8-hour shift to cover for the shift because the employee to cover the shift
1. broken-time schedule, which when combined will not be less than required is going to be absent. Is he entitled to pay?
work hours
2. forced leave, to utilize their leave requirement YES.
3. flexi-holiday schedule
4. reduction of workdays 50. Can he be compelled to render OT?
5. rotation of workers
As a general rule, overtime must be voluntary. Two exceptions, usually raised for
40. If CWW exceeds 10 hours, is he entitled to payment? Do we add the 25% “Emergency Overtime Work” are Article 89 (e) Labor Code of the Philippines, which states
premium? that, “Where the completion or continuation of the work started before the eighth hour is
necessary to prevent serious obstruction or prejudice to the business or operations of the
No, the measure used is that it must not exceed 12 hours, or 48 hours a week. Otherwise, employer.” And Article 92 (e) also states that, “Where the nature of the work requires
the employee shall be subject to overtime premium. continuous operations and the stoppage of work may result in irreparable injury or loss to the
employer.”
41. Can the employer do it unilaterally?
Emergency Overtime Work:
NO, consent is required of the MAJORITY of the employees affected. • In times of war
• When work is entirely dependent on weather
42. Should they need to notify DOLE? • Necessary to preserve the perishables
• There is urgent work
YES, and in cases that the work includes hazardous substances or in conditions that are • To prevent impeccable loss
hazardous to the health and safety of the employees, a certification is required. • If lack of employees with result to prejudice in the business
43. Would it not violate Art 100? 51. What if the OT is not consented by employer? Is it compensable?
No, it is a valid exception, provided that the conditions are met. 52. Mr. X, a security guard, asked to waive OT pay in exchange of 10K/month, is
it a valid stipulation?
44. What is NSD?
53. Mr. X wants to participate in basketball game tomorrow. So he took papers
Art. 86. 10% for each hour of worked performed between 10PM-6AM. home and encoded it there. He recorded and it was done in total of 4 hours. Is
it compensated?
45. Basis of the 10%?
54. How is premium pay computed? All terms
46. What is Overtime work pay?
Additional pay for work performed within 8 hours on non-work days, such as rest days and
Pay for work performed beyond 8 hours. special days.
47. How do you compute? How much? • If required to work on rest day
• If rest day falls on Sunday
Payment of 25% on a regular day • If rest day on a regular holiday
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• If rest day falls on a special day

YES.
55. What is holiday pay?
61. What are the divisors indicating inclusion of legal holidays?
Payment of regular daily wage for any unworked regular holiday.
304, over 365, as the former is more favorable to the employees and yields higher rate that
56. What if the employee is absent the day before? the latter.
• If absent with pay, he is entitled 62. Service charge – how much is given?
• If absent was without pay, he may not be entitled
85% of which for employers and contractors working therein
57. How many regular holidays? 15% goes to the management to answer for breakages, losses and for the distribution to
managerial employees, at the discretion of the management at the latter case.
2
12 as provided for by law. (MALIGN -BEER-C)
63. Service Incentive Leave
Maundy Thursday Movable date Art. 95. Every employee who has rendered at least one year of service is entitle to Service
Araw ng Kagitingan April 9 Incentive Leave of 5 days, WITH PAY.
Labor Day May 1
Independence Day June 12 64. Who are entitled to SILP?
Good Friday Movable Date
All employees, except those in Handbook of Benefits for workers.
New Year’s Day January 1
National Heroes’ Day Last Monday of August
65. Is it continuous?
Bonifacio Day November 30
Eid’l Fitr Movable Date Maybe broken, because it is reckoned from the day the employee started working. The
Eid’l Adha Movable Date period includes the authorized absences, unworked weekly rest days and paid regular
Rizal Day December 30 holidays.
Christmas Day December 25
66. Coverage, and exceptions other than those mentioned in the law
58. Regular holiday v. Special holiday?
In addition,
Work during a regular holiday entails double pay, while work on a special day entails only • Those already enjoying this benefit
additional pay/premium pay. • Those establishments who employ less than 10 people.
Special Holidays: 67. Discuss SILP issue in David v. Macasio
Ninoy Aquino Day August 21 68. Lactation Stations

All Saints’ Day November 1
Immaculate Conception of Mary December 8 Sec. 11, R.A. 10028. All health and non-health facilities, establishments or institutions shall
New Years’ Eve December 31 establish lactation stations. The following are, but not limited to, equipment and facilities such
Any holiday declared by the as: (1) Lavatory for hand washing, (2) refrigeration and cooling facilities for breast milk; (3)
President or any local electrical outlets for breast pumps; (4) small table; (5) comfortable seats.
ordinance.
69. Period allowed for lactation? What If the lactating employee takes 2 hours? Is
59. What kind of holiday are: it still compensable?
1) CNY?
2) EDSA Revolution As mandated by law, they are given breaks on top off meal-periods for a duration of 40
3) Manila Day minutes for every eight hours of work.
4) General Elections?
70. Are establishments required to put up lactation stations?
60. Are monthly paid employees entitled to holiday pay?
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
AS A GENERAL RULE, yes. But an exception may be given provided that the establishment WAGE FOR OCT. 31 = 1,168.75
secures a (1) certification of exception that no female clients visit/transact with the
establishment; (2) or there are no nursing or lactating employees; (3) there are no pregnant
employees.
b) DECEMBER 25 – holiday
71. A small car shop in Banawe employs 6 men, are they required to put up a
lactation station? I. Compute OT pay first
Yes. It is one of those excepted. (IRR on Lactation Station) DAILY WAGE/NORMAL HOURS OF WORK x 2 x 1.3 (because holiday
and OT on a holiday) x hours worked overtime
72. Measures under D.O. 184-17
550/8 x 2 x 1.3 x 5
73. 2018 COMPUTATION:
i. 68.75 x 2 = 137.5
Daily Wage = P550 ii. 137.5 x 1.3 = 178.75 – this is the hourly rate for THE OT on
Work hours are from M-F, 8-5 PM a holiday
He was requested to work on October 31 and December 25 from 8AM to iii. 178.75 x 5 = 893.75 – this is the OT pay
12 MN. Compute the OT pay and NSD.
II. Compute the NSD
a) OCTOBER 31 – regular work day DAILY WAGE/NORMAL HOURS OF WORK x 1.1 x hours
worked from 10PM – 6 AM
I. Compute OT pay first
i. 178.75 x 1.1 x 2 = 393.25
DAILY WAGE/NORMAL HOURS OF WORK x 1.25 x hours
worked overtime III. Add the DAILY WAGE x 2 (because holiday) + OT PAY + NSD
1100 + 893.75 + 393.25 = 2,387

(550/8) x 1.25 x 5 – hours worked before 10 PM (5-10 PM)
WAGE FOR DECEMBER 25 = 2,387
i. 550/8 = 68.75 – this is the hourly rate

74. 2019 COMPUTATION:
ii. 68.75 x 1.25 = 85.9375 – this is the hourly rate for the OT X is a cashier that works on minimum wage. Her work is from Monday to
Saturday, 8-5 PM. However, on June 12, she was compelled to work from
iii. 85.9375 x 5 = 429.6875 – this is the OT pay 8 AM to 11 PM. How much is her salary?
Answer: June 12 is a holiday, so we must follow this equation

II. Compute the NSD
I. Compute for the OT
DAILY WAGE/NORMAL HOURS OF WORK x 1.1 x hours
worked from 10PM – 6 AM DAILY WAGE/NORMAL HOURS OF WORK x 2 (because a
holiday) x 1.3 (holiday w/OT) x work in excess of 8 hrs.
i. 85.9375 x 1.1 = 94.53125
ii. 94.53125 x 2 = 189.0625 – this is the NSD pay i. 527/8 x 2 x 1.3
ii. 65.875 x 2 x 1.3
III. Add the Daily Wage + OT pay + NSD iii. 131.75 x 1.3
iv. 171.275 x 5 (hours worked OT before 10PM)
550 + 429.6875 + 189.0625 = 1,168.75
876.375
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
II. Compute for the NSD o Does not have substantial capital or investment in the form of tools
o Workers recruited are performing activities which are directly related
DAILY WAGE/NORMAL HOURS OF WORK x 1.1 x hours to the principal business of the employer
worked from 10PM – 6 AM o (In this case, the C/S is considered only as the agent of the employer)
i. 527/8 x 1.1 x 1 (2) Explain the trilateral relationship

ii. 65.875 x 1.1 x 1
iii. 72.4625 x 1 It is the relationship formed between the principal and the contractor and the contractor and
the employee.
72.4625 (1) The principal decides to farm out a job or a service to a contractor or subcontractor;
(2) The C/S has the capacity to undertake the performance or a job, work or service;
III. Add the Daily Wage x 2 (because holiday) + OT + NSD (3) the workers are engaged by the contractor.
i. 527 x 2 + 856.375 + 72.462 (3) What is the nature of relationship between the employee and principal?
ii. 1054 + 243.737 Indirect Er-Ee relationship, OR NO PRIVITY OF CONTRACTS.
2,002.84 (4) Only indirect?
IV. Finally, add the +10 COLA to the Wage If it is a legitimate labor contracting. If not or if the Er/Contractor is guilty of committing illicit
forms of employment arrangements, the worker will be considered as an Employee of the Er.
i. 2,002.84 + 10 =
(5) Requirements for legitimate contracting
2012.84
- SUBSTANTIAL CAPITAL
o Investment in the form of tools, equipment, machineries, supervision, etc
It is important to note these when you’re computing for wages
- EXERCISE OF CONTROL OVER CONTRACTOR’S EMPLOYEES
1. If the given amount is MINIMUM WAGE, before computing, you must first
deduct 10 PESOS (or the prevailing COLA) because the COLA is not
- DULY REGISTERED WITH DOLE
included in the computation
2. If the given amount is NOT MINIMUM WAGE, there will be no need to
(6) What is an in-house agency? D.O. 174-17
deduct the COLA, because, there, the COLA is presumed.
(7) What is a cabo? D.O. 174-17
(8) “Contracting” D.O. 174-17

CONTRACTING AND SUB-CONTRACTING
Laws: Art. 106-109, D.C. 01, L.A. No. 06-17
(9) When is there ‘labor-only’ contracting?
Frequently Asked Cases: Spic n’ Span v. Paje; Casap v. Adidas; Aliviado v. P&G; Petron v.
Caberte; Vigilla v. PCCI; Babas v. Lorenzo Shipping Co., Mandaue Galleon Trade
a. Lack of substantial capital/investment AND performance of activities directly related to
principal’s business (confirming element)
(1) What is Art 106?
b. The contractor does not exercise the right of control over the performance of the
contractual EE (confirming element)
Contracting and sub-contracting
c. The arrangement is merely to recruit, supply or place workers to perform a job, work, or
service for a principal (Essential Element)
- When an Er enters into a contract with another person for the performance of
· LOC = Essential Element + either or both confirming element/s
another’s work.
- In the event that the C/S fails to pay the wages of his employees, the employer
(10) Mr. X, a sole proprietor has a contracting agency with a 5M capital and that
shall be jointly and severally liable with the contractor/sub to the extent of the
the employees work are necessary for business of employer. Is that legitimate
work performed.
contracting?
- The SoLE is empowered to regulate, restrict and prohibit contracting-out of labor
- There is labor-only contracting where the person supplying work:
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
YES. Contracting out a job related or necessary or desirable to the principal’s main business
is not unlawful. (20) Period of validity?
(11) Employee is under the direct control of employer, tapos may capital naman
yung contractor, is it a labor-only contractorship?
WAGES
Laws: Arts 97-119, Labor Code
YES. To have LOC, the essential element of supplying workers to another is not
Frequently asked cases: DBP v. NLRC, American Wire Employees Union v. American Wire,
enough. Either of the confirming elements must be present.
Lepanto v. Lepanto Employees Assoc., Songco, SLL.
Confirming elements: (a) Capital, and (b) Control.
1) Wages
(12) Other illicit forms of L.O.C.? Sec. 6, D.O. 174-17
• Are paid to any employee shall mean the remuneration or earnings, however
designated, capable of being expressed in terms of money, whether fixed or
(13) Mr. X has a 5m capital for security agency, assigned 2 guards to S Bank. They
ascertained on a time, task, piece, or commission basis, or other method of
assist the general manager in locking. Take note of those who enter premises,
calculating the same, which is payable by an employer to an employee under a
assist clients in parking, and open/closing bank as directed by the bank
written or unwritten contract of employment for work done or to be done, or for
manager. Is it L.O.C.?
services rendered or to be rendered and includes the fair and reasonable value, as
determined by the Secretary of Labor and Employment, of board, lodging, or
(14) Mr. X is the owner of Y Agency and has deployed 16 workers to B Restaurant.
other facilities customarily furnished by the employer to the employee. “Fair and
They had a captain who orients the employees of Y Agency. A Headwaiter
reasonable value” shall not include any profit to the employer, or to any person
orients the rules. It is the company who pays wages and has power to dismiss.
affiliated with the employer. (Art. 97, LC)
However, restaurant directs whom to serve, ordered to assist customers.
Assuming that Mr. X has substantial capital, is it L.O.C.?
• Includes Commission, Facilities and Commodities
YES. Confirming Element number 2. He should be supervising or controlling the work
performance of the persons hired. • Wages do not apply to farm tenancy, domestic workers and persons working in their
respective homes, cooperatives, barangay Micro Business Enterprise
(15) What if restaurant owner repeatedly hired workers for another year, is Y
2) Salary
Agency engaged in L.O.C.?
Remuneration paid to white-collared workers and denotes a higher grade of employment. It
(16) Employees of Y Agency of Y Agency, on the ground of serious misconduct
may be subject to execution, garnishment and execution. (Gaa v. CA)
(stealing). Employee filed for Illegal Dismissal, can the employee implead the
employer?
3) Facilities and requirement for it to be deductible?
(17) What if the Service Agreement was pre-terminated (failed to pay their
all the articles or services for the benefit and subsistence of the Ee and his family but shall
employees). Can employees file for recovery from the principal in the
not include the tools of trade or articles FOR THE BENEFIT OF THE ER, even
contractor?
when necessary to conduct the business.
It depends. Sec. 13.
Requirements:
(18) Are the employees of the legitimate contractor entitled to separation pay? On
what ground? • PROOF that such is customarily furnished by trade
• ACCEPTED IN WRITING by the Ee
Yes, according to Sec. 10 of D.O. 174-17, and because the employees are employees of the • Charged at FAIR AND REASONABLE VALUE.
contractor, they have the rights and privileges enjoyed under the LC.
(19) What if the Service Agreement has been cancelled? Can he apply again? Is it 4) Supplements
perpetual?
Constitute extra remuneration or special privileges or benefits given to the Er above their
Sec. 13. The mere expiration of the Service Agreement shall not be deemed as a termination ordinary earnings or wages.
of the contractor’s employees WHO ARE REGULAR EMPLOYEES of the latter.
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
5) Commission v. Allowance when it is made part of wage, salary or compensation of employee (e.g. it has been promised
by the employer, or it has been a long-time practice)
Commission Allowance
Direct remuneration received by an Amount of money, which are not 14) Is “lapse of time” considered in ripening of a practice? May minimum years
agent, salesman, executor, broker part of wages, but are given in ba?
calculated as percentage on the consideration of certain expenses
amount of his transactions or on like transportation AND 15) X gave his employees performance bonus. Last year, it only reached 80% of
the profit to the principal representation. the target sales. So there was no bonus. Did ER violate?
th
6) Does Commission form part of the Wages? 16) X, gave 14 months for 2 years, but this year, they lost P 1 Billion. They can
th
no longer give 14 month pay. Did they violate?
7) X is a realtor (desk job). Er offered to give commission when a property was
sold. Is that commission part of the wages? 17) Art 102-105, payment, requisites
8) Article 100 – NON-DIMUNITION OF BENEFITS; when applicable? Art 102 – FORMS OF PAYMENT (How)
2 2)
As a general rule, employer cannot pay his workers by means of (V-PAC T
• When practice is consistent and deliberate § Vouchers;
• The diminution of discontinuance is done unilaterally by the employer, with legal bases § Promissory notes;
(ex. Company downgrade) § Any objects other than legal tender;
• The grant has ripened into practice § Coupons;
• The practice is not due to the error in construction or application of a law § Chits;
• Wage order compliance § Tokens; or
• Reclassification of position § Tickets
*must always be legal tender
9) What is company practice EXCEPT:
§ By Special Circumstances as determined by SoLE
10) Gratuity pay v. Bonus § If stipulated in the CBA
§ When there is a bank within 1KM from Workplace
Gratuity is something given freely or without recompense to reward employees who have - That they are given reasonable time during working hours to
rendered satisfactory and efficient service withdraw the wages from the bank
- And that it is consented by the worker
*Ang bonus pwedeng ‘di monetary
Art 103 – TIME OF PAYMENT (When)
11) If bonus has ripened into a company practice, can it be unilaterally Once every two weeks or twice at month at intervals not exceeding 16 days.
withdrawn? EXCEPT in cases of force majeure, the Er is obligated to pay immediately
Yes. (American Wire and Cable Daily Rated Employees Union v. American Wire and Cable Art 104 - PLACE OF PAYMENT (Where)
Co., Inc.) All the said benefits are in excess of what the law requires each employer to give At or near the place of undertaking
its employees. (Ex. When these are only incidental benefits or when it depended on the
financial stability of the employer) Art 105 – DIRECT PAYMENT (To whom)
- or if it appears that an error has been made in the implementation of a Wage Order. Directly to the employee thereto.
EXCEPT:
12) How can you say it has ripened? If by force majeure, to any person authorized by the Ee
In case of death, to the heirs, with attestation (Affidavit of Next Kin)
If the giving of the bonus should have been done over a long period of time, and must be If authorized, to a member of his family
shown to have been consistent and deliberate.
13) When is a bonus enforceable and demandable? 18) What is Art 110?
As a general rule, the granting of a bonus is a management prerogative, something given in Preference of unpaid wages and other monetary claims in case of bankruptcy, before claims
addition to what is ordinarily received. A bonus is not demandable and enforceable except of government and other creditors.
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
• If authorized
19) Assuming that there is judicial declaration, do they enjoy the preferred status? • SSS
How about the taxes? • PagIbig
• PhilHealth
There is nothing that prevents the employees to enforce such right, however, the preference • If the employee is indebted to the employer
of credits under the CC must govern. Credits due the laborer are only ORDINARY CREDITS.
26) Mr. X, employee of Y, has a debt to Mr. A, a neighbor of Y. Can Mr. Y deduct
Applies only to claims that do not attach in properties (DBP v. NLRC) the wage of Mr. X?
a. Does he need the consent of X?
20) Employer has debt on Gov’t, and then a ship mortgage, then employees, then
creditors? YES, if it is a payment to a THIRD PERSON.
Under Art 2241(?) the taxes must be first exhausted. b. What if the debt is due and demandable and instead of A, Y is the
creditor?
21) Art. 111?
No need if the creditor is the employer.
Attorney’s fees imposed upon the losing party.
27) Can agency fee be deducted without the employee’s consent?
1. in unlawful withholding of wages, the culpable party may be assessed attorney’s
fees equivalent to 10% No.
2. It shall be unlawful for any person to demand or accept attorney’s fees that exceed
10% of the amount of wages recovered. 28) What is an agency fee?
22) What does ‘no less than 10%’? Can it exceed? It is a counterpart of union dues, in this case, it is paid by a non-union member to enjoy
benefits enjoyed by union members.
YES, as between the lawyer and the client, the attorney’s fees may exceed 10% on the basis
of quantum meruit—or as much as he deserves. It is anchored on the basis that it is unjust to 29) Art 114- is the prohibition absolute?
retain benefit without paying for it.
NO. These are the exceptions: (1) Practice of making deductions is recognized; (2) Practice
23) When can the LA Award Attorney’s fees? is recognized by the DOLE; (3) Ordered by the Court. PROVIDED, the employee is given the
• Withholding of wages chance to be heard.
• Those arising from CBA negotiations
30) X was guilty of destroying company property. Can it be deducted from its
On the basis of quantum meruit (Canon 20 of the Code of Professional Responsibility) wages?
(a) time spent & extent of services
(b) difficulty of questions involved
(c) importance of subject matter (*ARTS 115-119, are merely codal provisions, according to Atty. Golangco)
(d) skill demanded
(e) amount involved
(f) character of employment
(g) professional standing of the lawyer WAGE STUDIES, WAGE ARRANGEMENTS AND WAGE
DISTORTIONS
24) Can LA award Attorney’s fees as damages?
Laws: Arts 120-127, Labor Code
Cases asked: Bankard & P.I. Manufacturing case
In cases where Ee was required to litigate. Extraordinary cases.
(1) Powers and Functions of the NWPC?
25) Aside from those enumerated under Art 113, when can an employer deduct
without consent of employee?
Art. 121. Powers and functions of the Commission. The Commission shall have the
following powers and functions:
• Union dues
• Insurance
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
a. To act as the national consultative and advisory body to the President of the d. To coordinate with the other Regional Boards as may be necessary to attain the
Philippines and Congress on matters relating to wages, incomes and productivity; policy and intention of this Code;
b. To formulate policies and guidelines on wages, incomes and productivity e. To receive, process and act on applications for exemption from prescribed wage
improvement at the enterprise, industry and national levels; rates as may be provided by law or any Wage Order; and
c. To prescribe rules and guidelines for the determination of appropriate minimum f. To exercise such other powers and functions as may be necessary to carry out
wage and productivity measures at the regional, provincial, or industry levels; their mandate under this Code.
d. To review regional wage levels set by the Regional Tripartite Wages and
Productivity Boards to determine if these are in accordance with prescribed (4) Does the RTWPB exercise adjudicatory powers?
guidelines and national development plans;
e. To undertake studies, researches and surveys necessary for the attainment of its YES daw. check those that fall within its jurisdiction
functions and objectives, and to collect and compile data and periodically
disseminate information on wages and productivity and other related information, (5) In what cases?
including, but not limited to, employment, cost-of-living, labor costs, investments
and returns; (6) Can they entertain a petition for injunction?
f. To review plans and programs of the Regional Tripartite Wages and Productivity
Boards to determine whether these are consistent with national development (7) Can they punish contempt?
plans;
g. To exercise technical and administrative supervision over the Regional Tripartite (8) X is a financially distressed employer. He can’t comply with the Wage Order.
Wages and Productivity Boards; What shall he do?
h. To call, from time to time, a national tripartite conference of representatives of
government, workers and employers for the consideration of measures to
promote wage rationalization and productivity; and a. What is the petition that should be filed? Petition for exemption
i. To exercise such powers and functions as may be necessary to implement this b. If denied, what is the remedy?
Act. c. Can he file an MR? Yes, but a second MR is not allowed.
d. Can he file an appeal to DOLE? Yes, when it’s from NWPC, and NWPC
(2) What does the NWPC consist of? denied his appeal.
• Secretary of Labor and Employment – ex officio chairman (9) What is a wage order?
• Director General of the National Economic and Development Authority – as ex
officio vice-chairman It establishes minimum wage rates to be paid by employers in the region.
• 2 members each from workers and employers as appoint by the President
It is an order issued by the RTWPB whenever the conditions on the region so warrant after
(3) Powers of the RTWPB? investigating and studying all pertinent facts and based on the standards and criteria
prescribed by the labor code.
Art. 122. Creation of Regional Tripartite Wages and Productivity Boards. There
is hereby created Regional Tripartite Wages and Productivity Boards, hereinafter referred to (10) Who issues a wage order? RTWPB
as Regional Boards, in all regions, including autonomous regions as may be established by
law. The Commission shall determine the offices/headquarters of the respective Regional a. Procedure
Boards. The Regional Boards shall have the following powers and functions in their
respective territorial jurisdictions: - The RTWPB shall investigate and study all pertinent facts.
- The RTWPB shall conduct public hearings/consultations, giving notices
a. To develop plans, programs and projects relative to wages, incomes and to employees’ and employer’s groups, provincial, city and municipal
productivity improvement for their respective regions; officials and other interested parties.
b. To determine and fix minimum wage rates applicable in their regions, provinces - Within 30 days after the conclusion of the hearings, the board shall
or industries therein and to issue the corresponding wage orders, subject to decide on the merits of the petition.
guidelines issued by the Commission; - After which, the same shall be publicized in a newspaper of general
c. To undertake studies, researches, and surveys necessary for the attainment of circulation. It shall take effect after 15 days from its complete publication.
their functions, objectives and programs, and to collect and compile data on - The board shall furnish a copy of the wage order to the NWPC.
wages, incomes, productivity and other related information and periodically - 10 days after the issuance, the Board shall prepare its IRR subject to
disseminate the same; approval by the SOLE.
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
(11) Do they need the approval of NWPC?

Subject to requirements, the following are exempted:
NO. I. Distressed establishments
II. Retail/Service establishments employing not more than
(12) Frequency of the issuance ten (10) workers
III. Establishments adversely affected by natural
A wage order issued may not be disturbed for a period of 12 months from its effectivity and calamities such as natural and/or human - induced
no petition for wage increase shall be entertained during said period. disasters.
(13) Is inflation a ground for the issuance of a wage order not in accord with the Exemption granted to a distressed principal shall not extend to its
proper frequency? contractor in case of contract(s) for construction, security, janitorial
and/or similar services with respect to the employees of the latter
EXCEPTIONS: assigned to the former
a. When the congress itself issues a law increasing the wages
b. Supervening conditions, such as extraordinary increases in prices of petroleum EFFECT OF DISAPPROVED APPLICATION – covered workers
products and basic goods/services. shall be paid mandated wage, increase/allowance as provided for
under the rule to the date of effectivity, plus simple interest of 1%
(14) Does the current wage order cover all employees? per month.
Apply to all minimum wage earners in the private sector in the region, regardless of their (17) Does the NWPC have a quasi-judicial power?
position, designation or status of employment and irrespective of the method by which they
are paid. The NWPC guidelines allow any party aggrieved by a wage order to appeal the
same to the NWPC through the board within 10 days from the issuance of the
It shall not cover: wage order.
- kasambahay/domestic workers;
- persons in the personal service of another; and (18) Methods used in fixing the current wage order
- workers of duly registered Barangay Micro Business Enterprises. 2 METHODS
a. Floor wage method
a. Are bus drivers and conductors covered? YES. D.O. No. involves the fixing of a determinate amount to be added to the
118-12 s. 2012 prevailing statutory minimum wage rates
(15) NCR wage order-what is the minimum wage b. Salary-cap or salary ceiling
Method where the wage adjustment is to be applied to employees
537.00 with 10.00 COLA receiving a certain denominate salary ceiling.
(16) Who are the employees in distress? c. CRITERIA:
They are employees of establishments in distress. I. The demand for living wages
FULL – deficit amounts to 20% or more of paid-up capital II. Wage adjustment vis-a-vis the consumer price index
BANK- if under receivership or liquidation Corporations and partnership under III. Cost of living and changes or increases therein;
corporate rehabilitation IV. The needs of the workers and their families;
V. The need to induce industries to invest in the
a. Is a distressed employee covered in the wage order? countryside;
No. VI. The improvements of the standards of living;
1. The wage order requires that the establishment shall file an VII. The prevailing wage levels;
application for exemption from the wage order along with VIII. Fair return of the capital invested and capacity to pay
supporting documents before the RTWPB. The establishment of employers;
shall notify the DOLE RO having jurisdiction over the workplace IX. Effects on employment generation and family income;
of the pendency of the application. and
2. The application shall be acted on within 45 days from the date X. The equitable distribution of income and wealth along
of filing. the imperatives of economic and social development
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
TH
13 MONTH PAY
(19) What is wage distortion? Laws: P.D. 851 and any subsequent Labor Advisory
Frequently asked cases: Allied, Urbanes, Balladares case, Bombo Radyo case
A situation where an increase in prescribed wage rates results in the elimination
or sever contractions of intentional quantitative differences in wage or salary 1. What is 13
th
month pay?
rates between and among employee groups.
1/12 of the basic salary of an employee within a calendar year.
(20) Elements of wage distortion
2. Employees covered
a. Significant change or increase in the salary rate of a lower pay class
without corresponding increase in the salary rate of a higher one; All rank and file employees in the private sector, regardless of their position, designation or
b. Existing Hierarchy of positions with corresponding salary rates; employment status, and irrespective of the method which payment of wages is made,
c. The elimination of distinction between the two groups or classes; and PROVIDED, they have worked for at least one month during the calendar year.
d. The distortion exists in the same region of the country.
th
3. BONUS v. 13 month pay
(21) Bankard v. P.I. Manufacturing case
th
Bonus is GENERALLY not enforceable, while a 13 month pay is enforceable because it is
Bankard Case - No wage distortion as the employees were classified by rank provided for by law.
and not by seniority
PI manufacturing Case - Increase in the CBA was more than enough 4. Employers not covered? Sec. 3.
compliance with the wage law
a) Distressed employers
(22) Who has jurisdiction over wage distortion disputes? The LA, and b) Government and its instrumentalities
appealable to the NLRC. c)
th
Employers already paying their employees 13 month pay or its equivalent
d) Those employing house helpers
Any dispute as a result of the wage distortion shall depend WoN it is an e) Those who are paid on pure commission, boundary or task basis
established or unestablished workplace:
5. Are managerial employees covered?
ESTABLISHMENT W/ UNION: Any dispute arising from the correction of wage
distortion should be resolved through grievance procedure under their CBA NO, only rank-and-file employees are covered.
If the dispute remains unresolved, it shall be resolved through voluntary 6. How frequent shall it be given? Sec. 5.
arbitration.
th
An employer has the option to pay ½ of the 13 month pay before the opening of the regular
ESTABLISHMENT WITHOUT UNION: th
school year and the other before the 24 day of December of every year.
Any dispute arising therefrom shall be settled through the National
Conciliation and Mediation Board (NCMB) 7. X was hired December 1, 2018. Is he entitled to receive his 13
th
month pay on
Dec 24, 2018?
If it remains unresolved after 10 days of conciliation, it shall be referred to the
NLRC. No, the law requires that the employee must have worked one month to be qualified to avail
th
13 month pay.
For non-compliance
8. Computation
Complaints for non-compliance of wage orders shall be filed with the Regional
Office of the Department having jurisdiction over the workplace and shall be X’s monthly wage is Php10,500. And he worked from January to May 2018.
subject to the mandatory 30-day conciliation and mediation process under the How much is he entitled?
SEnA. If such mediation fails, then it becomes subject of the enforcement
proceedings under ART 128 and 129 of the LC. Monthly wage x months worked ÷ 12
10,500 x 5 ÷ 12 = Php 4,375
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issuance of orders to compel compliance proceedings after notice and hearing, of

with labor standards, wage orders and other employees’ claims for wages and benefits.
ADMINISTRATION AND ENFORCEMENT labor laws and regulations.
Limits the proceedings to monetary claims,
Laws: Arts 128 and 129, Labor Code
Covers enforcement of labor legislation in which therefore involve only labor standards.
Cases asked: Allied, Urbanes, Balladares case, Bombo Radyo case
general.
Proceedings are initiated by sworn
1. Distinctions between Art 37 v. Art 128
Proceedings are offshoots of inspections complaint filed by any interested party
done by labor officers or safety engineers.
a. Article 37 – inspection of recruitment and placement activities
b. Article 128 – enforcement of labor legislation As to Workers Involved*
Involves employees still in service Applies to present or past employees at the
*there is also another visitorial power vested in the SOLE, under the old article number (Art. time the complaint was filed, provided, there
274, can’t remember the new number) is not demand for reinstatement.
As to Jurisdictional Limits
2. What is a compliance order? (p. 447, AZUCENA) The law fixes no maximum monetary The amount of money claim per claimant
amount for the exercise of the enforcement should not exceed PHP 5,000**
It is an exercise of enforcement power power (ex. Monetary award)
As to the Officers Designated
Enforcement power – the power of the SoLE to compel employer to comply with labor Exercised by the SoLE or any of his duly Vested upon an RD or any duly authorized
standards upon finding of violations discovered in the course of the exercise of the visitorial authorized representatives who may or may hearing officer of the DOLE
power. not be a RD.
Regarding Appeal
3. What are the orders that the SOLE can issue? Appealable to SOLE Appeal to the NLRC
a. Writs of Execution
b. Work stoppage/Suspension of operations *Articles 128 and 129 are operative only in the context of employment relationship. A regular court,
c. Conduct hearings within 24 hours to determine whether: not DOLE or NLRC, has jurisdiction over claim of independent contractor to adjust contractual fee.
i. An order for stoppage of work/suspension of operations shall be lifted or not; and
ii. Employer shall pay the employees concerned their salary in case the violation is **The PHP 5,000 limit does not apply to the exercise of power under Art 128 (b)
attributable to his fault.
v Take note: pagka-primarily may TERMINATION DISPUTE, kahit pa ang money claims
4. Can suspension order be issued? On what ground? pa niyan ay less than P5,000, which is incidental to the dispute, it is the LA , not he
SOLE, that has jurisdiction.
YES, the regional director may likewise order stoppage of work or suspension of operations
of any unit or department of an establishment when non-compliance with the law, safety 7. Requisites under Art 129?
order or implementing rules and regulations poses grave and imminent danger to the health
and safety of the workers in the workplace. a. The claim is presented by an employee, or a person employed in domestic or household
service, or house helper;
5. If someone made an anonymous phone call snitching a company for not b. The claim arises from employer-employee relations;
following labor regulations, can the SOLE act on it? c. The claimant does not seek reinstatement; and
d. The aggregate money claim of each claimant does not exceed PHP 5,000.00 In the
YES, they can act, under Art. 128, because in that power, a complaint is not needed. (unlike absences of any of the requisites, the Labor Arbiter shall have exclusive original jurisdiction
sa 129) over claims arising from employer-employee relations, pursuant to Article 224.
6. Distinctions between Art 128 and 129, in relation to Art 224. 8. X was claiming for P 50,000 as underpayment of wages. Who has jurisdiction?
Article 128 Article 129 In this case, the SOLE can have jurisdiction in the form of a compliance order, ordering the
VISITORIAL AND ENFORCEMENT MONEY CLAIMS employer to pay. PROVIDED, hindi naman terminated si employee.
As to nature and Subject of Proceedings
Inspection of establishments and the Refers to adjudication through summary
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9. X, files for illegal dismissal and money claims of P 2,000, who has
jurisdiction? 1. Suitable first-aid facilities (incl. arrangements where workers, where necessary, can be
taken immediately to a place for appropriate treatment)
10. Bombo Radyo Case v. Balladares v. Urbanes 2. Safe and healthful working conditions
3. Adequate or reasonable facilities (such as sleeping/resting quarters)
Bombo Radyo - No limitation was placed upon the power of the DOLE to determine the 4. Transportation from work premises to the nearest point of their residence subject to
existence of an ER-Ee relationship. No procedure was laid down where the DOLE would only exceptions and guidelines to be provided by the DOLE
make a preliminary finding, that the power was primarily held by the NLRC. The law did not
say that the DOLE would first seek he NLRC’s determination of the existence of the ER-Ee 2) Define “Nursery”
relationship or should it be disputed, the same shall be referred to the NLRC. If the DOLE
makes a finding that there is an existing ER-Ee relationship, it takes cognizance of the It is an area in a workplace where working mothers feed their infants. It is a safe place where
matter, to the exclusion of the NLRC. The DOLE would have no jurisdiction only if the ER-Ee the young children are left during working hours.
relationship was already terminated, or it appears that no ER-Ee relationship existed in the
first place. 3) Is every employer mandated to establish a nursery?
Balladares – The visitorial and enforcement powers of the DOLE RO to order and enforce The Secretary of Labor may require employers to provide such facilities.
compliance with labor standards law can be exercised even if the individual claim exceeds
5k. In order to divest the DOLE of its jurisdiction, the ff elements must be present: 4) Who is entitled to a maternity leave?
a. The employer contests the findings of the labor regulations officer and raises issues 5) Maternity Benefit?
thereon;
b. That in order to resolve such issues, there is a need to examine evidentiary matters; It is a daily wage allowance granted to a female member who was unable to work due to
c. That such matters are not verifiable in the normal course of inspection childbirth or miscarriage. 100% of her daily salary credit: 60 days for normal delivery, 78 days
d. That the employer must raise such objections during the hearing of the case or any time for caesarean.
after the notice of inspection result
100% present basic salary, allowances & other benefits/CE OR for 60 days
Urbanes - It is well-settled in law and jurisprudence that where no er-ee relationship exists subject to the following conditions:
between parties and that no issue is involved which may be resolved with reference to the
LC, other labor statues or CBA, it is the RTC that exercises jurisdiction. a. EE notified ER of pregnancy & probable date of childbirth AND transmitted to SSS or
directly to the SSS if separated, voluntary or self-employed member
b. Payment shall be advanced by ER in 2 equal installments w/in 30 days from filing

EMPLOYMENT AND FACILITIES FOR WOMEN of ML application
Laws: Arts. 130-131, as repealed, Labor Code, Arts. 154-161 under R.A. 10151, R.A. 8282
(Maternity Leave under SSS), R.A. 9262 (Battered Woman Leave), Magna Carta of Women c. IF caesarian delivery, EE shall be paid the daily maternity benefit for 78 days
Leave), R.A. 8187 (Gynecological Benefits)
Frequently asked cases: Zialcita v. PAL, Star Paper v. Simbol d. Payment of Maternity benefit bar recovery of sickness benefits in this Act for the same
compensable period of 60 days for the same childbirth, abortion, or miscarriage
1) Facilities for women? e. MB shall be paid ONLY for the first 4 deliveries after March 13, 1973
a. Provide seats proper for women and permit them to use the seats when they are f. SSS shall immediately reimburse ER of 100% of the amount of MB advanced EE by ER
free from work or during office hours provided the quality of the work will not be upon receipt of satisfactory proof of such payment and legality thereof
compromises;
b. Establish separate toilet rooms and lavatories for men and women and provide at g. IF w/out required contributions or w/out previous notice to SSS by ER of the time of
least a dressing room for women; the pregnancy, ER shall pay SSS damages equivalent to benefits that EE would
c. Determine appropriate minimum age and other standards for retirement or otherwise have been entitled to, and the SSS shall in turn pay such amount to the
termination in special occupations such as those of flight attendants and the like; employee concerned.
and
d. Establish a nursery in the establishment. 6) Minimum SSS contributions?
R.A. 10151: 7) What is the obligation of the employer?
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8) Qualifications to avail maternity leave? To discharge such woman on account of her pregnancy, or while on leave or in confinement
due to her pregnancy;
a. She has paid at least 3 monthly contributions within the 12-month period To discharge or refuse the admission of such woman upon returning to her work for fear that
immediately preceding the semester of her childbirth or miscarriage. she may again be pregnant.
b. She has given the required notification of her pregnancy through her employer if
employed, or directly to the SSS, if a self-employed (SE) or voluntary member Art. 138. Classification of certain women workers. Any woman who is permitted or suffered
(VM) or Member Separated from Employment. to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar
or similar establishments under the effective control or supervision of the employer for a
9) Limitations? substantial period of time as determined by the Secretary of Labor and Employment, shall be
considered as an employee of such establishment for purposes of labor and social
The sickness benefits cannot be availed of at the same time as the maternity benefit if such legislation.
illness had happened at the same time of the delivery or the healing period.
RA 9710 Magna Carta of Women
10) Prior to delivery, she had four miscarriages?
Any gender-based distinction, exclusion, or restriction which has the effect or purpose of
The maternity benefit shall be paid only for the first four (4) deliveries or miscarriages. impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human rights and fundamental
11) How much is she entitled to receive? freedoms in the political, economic, social, cultural, civil, or any other field.
The maternity benefit is equivalent to 100% of the member’s average daily salary credit It includes any act or omission, including by law; policy, administrative measure, or practice,
(ADSC) multiplied by 60 days for normal delivery/miscarriage/ectopic pregnancy without that directly or indirectly excludes or restricts women in the recognition and promotion of their
operation/hydatidiform mole (H-mole) and 78 days for caesarean section delivery/ectopic rights and their access to and enjoyment of opportunities, benefits, or privileges.
pregnancy with operation.
A measure or practice of general application is discrimination against women if it fails to
12) Is the employer required to advance payment of maternity benefit? provide for mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or restricted in the recognition
YES. The employer shall advance the full payment within 30 days from the filing of the and protection of their rights and in their access to and enjoyment of opportunities, benefits,
maternity leave application (Sec. 14-Ab, RA 8282) or privileges; or women, more than men, are shown to have suffered the greater adverse
effects of those measures or practices.
13) Acts considered discriminatory to women under LC & special law?
Provided, finally, That discrimination compounded by or intersecting with other grounds,
Article 133: status, or condition, such as ethnicity, age, poverty, or religion shall be considered
I. Payment of lesser compensation, including wage, salary or other forms of discrimination against women.
remuneration and fringe benefits, to a female employee as against a male
employee, for work or equal value; and 14) Can maternity leave be extended on the ground that no one will take care of
II. Favoring a male employee over a female employee with respect to promotion, the mother’s child?
training opportunities, study and scholarship grants solely on account of their
sexes. When so requested by the woman employee, the extension of her maternity leave beyond
the four week post delivery leave shall be paid by the employer from her unused vacation
Art. 136. Stipulation against marriage. It shall be unlawful for an employer to require as a and/or sick leave credits, where the extended leave is due to illness medically certified to
condition of employment or continuation of employment that a woman employee shall not get arise out of her pregnancy, delivery, complete abortion or miscarriage which render her unfit
married, or to stipulate expressly or tacitly that upon getting married, a woman employee for work.
shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of her marriage. 15) Paternity leave benefit?
Art. 137. Prohibited acts. It shall be unlawful for any employer: Benefits granted to a married male employee allowing him not to report for work for seven (7)
days but continues to earn the compensation therefor, on the condition that his spouse has
To deny any woman employee the benefits provided for in this Chapter or to discharge any delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend
woman employed by him for the purpose of preventing her from enjoying any of the benefits support to his wife in her period of recovery and/or in the nursing of the newly born child.
provided under this Code.
16) How many days?
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(f) Parent left solo or alone with the responsibility of parenthood due to declaration
7 days. of nullity or annulment of marriage as decreed by a court or by a church as long
as he/she is entrusted with the custody of the children;
17) Is cohabitation an essential requisite? Exceptions? (g) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
YES. (h) Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a welfare
Conditions for entitlement: institution;
(a) He has applied for paternity leave with his employer (i) Any other person who solely provides parental care and support to a child or
(b) His wife has given birth or suffered a miscarriage; children;
(c) He is cohabiting with his spouse at the time she gives birth or suffers a (j) Any family member who assumes the responsibility of head of family as a result
miscarriage; of the death, abandonment, disappearance or prolonged absence of the parents
(d) He is an employee at the time of the delivery of his child; and or solo parent.
(e) Covers only the first 4 deliveries or miscarriages
The law does not consider an employee whose spouse is abroad a solo parent since the
18) Husband works in far place at the time that the wife gave birth, can he still other spouse still exercises duties over his/her family. However, if the other parent is abroad
avail of paternity benefit? and has lost contact with his/her family for a year or more, then it qualifies the other spouse
as a solo parent
He must be cohabiting with his spouse at the time she gives birth or suffers a miscarriage.
However, if the spouses are not physically living together because of the workstation or 22) What are the conditions for entitlement of this benefit?
occupation, the male employee is still entitled to the paternity benefit.
23) X is an OFW, and is married to B. Can B avall the solo parent leave?
st nd
19) Muslim, 3 spouses, live in 1 compound, 1 wife has 2 kids, 2 wife – 2 kids,
rd st
3 wife gives birth for the 1 time, entitled to paternity leave? NO, The law does not consider an employee whose spouse is abroad a solo parent since the
other spouse still exercises duties over his/her family. However, if the other parent is abroad
No, only the first four pregnancies or miscarriages of legal spouse. and has lost contact with his/her family for a year or more, then it qualifies the other spouse
OR as a solo parent
Yes, it would be discriminatory against their religious beliefs if the spouse were not allowed
to take a paternity leave to attend to the subsequent wives. 24) How will employer know that you are a solo parent?
20) Solo parent leave? He/she has presented to his/her employer a Solo Parent Identification Card, which may be
obtained from the DSWD office of the city or municipality where he/she resides.
a. Refers to the leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities where physical present is required 25) What agency will you apply for a solo parent ID?
b. He/she shall be entitled to 7 days leave with pay
Municipal/City Social Welfare and Development Office
21) What is a solo parent?
26) How many days?
Any individual who falls under any of the following categories:
(a) A woman who gives birth as a result of rape and other crimes against chastity Not more than 7 working days every year, provided employee has rendered service of at
even without a final conviction of the offender: Provided, That the mother keeps least 1 year.
and raises the child;
(b) Parent left solo or alone with the responsibility of parenthood due to death of 27) Converted to cash, commutable?
spouse;
(c) Parent left solo or alone with the responsibility of parenthood while the spouse is No. Unutilized parental leave is not convertible to cash unless otherwise agreed. Non-
detained or is serving sentence for a criminal conviction for at least one (1) year; compliance with the law may make the employer liable for damages.
(d) Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical practitioner; 28) Other benefits that a solo parent can receive?
(e) Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto separation from spouse for at least one (1) year, as long Single parents that make less than the estimated P12,000 (or updated poverty threshold) are
as he/she is entrusted with the custody of the children; entitled to all the benefits and privileges of R.A. 8972. This includes services for emotional
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and mental health such as counseling; support in developing parenting skills and knowledge;
and even crisis management and spiritual enhancement. Medical, educational, and financial 35) What is gynecological disorder?
help should also be provided by the respective government partner agencies.
Refers to disorders that would require surgical procedures such as, but not limited to dilation
As for benefits and privileges that even single parents above the poverty threshold can enjoy, and curettage and those involving female reproductive organs such as a vagina, cervix,
these are the flexible working schedule (determined by both the employer and the solo uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent
parent regarding the arrival and departure of the solo parent at the work place); protection physician. It shall also include hysterectomy, ovariectomy, and mastectomy.
from work discrimination; and up to seven days of parental leave (on top of regular leave
benefits) for solo parents that have been employed for at least one year. 36) Is it convertible to cash?
29) Privileges in the workplace? No, unless made convertible under a CBA.
Flexi-work schedule 37) A female Ee is pregnant, water ruptured, child in the womb died. Procedure in
removal of the child, gynecological leave or maternity leave?
30) Who is a battered woman?
This falls under gynecological because the purpose of the maternity leave is to be able to
A female employee who is a victim of violence (physical, sexual or psychological) is entitled give birth?
to a paid leave of 10 days in addition to other paid leaves.
38) What if the uterus also needs to be removed after miscarriage?
i. Purpose
So the state will be able to afford legal and medical protection to those 39) Woman employee cannot give birth because of numerous cysts, can she avail
physically abused women of gynecological leave?
31) How to secure the benefit? i. How long?

2 months with full pay based on gross monthly compensation
Provide the following before availing the benefit:
v A complaint Major surgery – 22-60 calendar days
v Barangay Protection Order/Certificate from Kagawad Minor surgery – 14 days of less
v Police report
ii. Recovery period exceeded, can she ask for extension?
32) Is it cumulative? Can it be converted to cash?
YES, provided that the employer consented, and it is certified by a licensed
NO. physician. Provided further, if the employee avails of such, the extra leaves
may be charged to the sick/vacation benefits.
33) How will employee determine if she is a battered woman?
40) Maternity Leave v. Gynecological Leave?
The only requirement is for the victim-employee to present her certification from the barangay
chairman or barangay councilor or prosecutor or clerk of court than an action relative to the 41) Only that needs surgery?
matter is pending.
Yes. The special leave shall be granted to the qualified employee after she has undergone
34) How can one avail of gynecological benefit? surgery.
Conditions for entitlement: 42) What if outpatient only?

i. Confined for 1 day only?
a. She has rendered at least 6 months continuous aggregate employment service for the last
twelve months prior to surgery; Maybe charged as a sick leave
b. She has filed and application for special leave with her employer within a reasonable
period of time as may be provides by company rules and regulations or collective bargaining 43) Woman suffered a miscarriage, under maternity leave or gynecological?
agreement; and Maternity
c. She has undergone surgery due to gynecological disorders as certified by a competent i. How many days of leave?
physician. 60 for normal delivery
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78 for caesarean delivery b. in any place where the parties were found, as a result of work or education or
training responsibilities or relations;
c. at work or education- or training-related social functions;
* For further discussion, read Saudia Airlines v. Rebesencio case. According to d. while on official business outside the office or school or training institution or
Atty. Golangco, this will serve you great use, even in Lab Rel. J during work or school or training-related travel;
e. at an official conferences, fora, symposia or training sessions; or
f. by telephone, cellular phone, fax machine or electronic mail.
SEXUAL HARASSMENT
4) Can a female employee commit it?
Laws: A.O. 250, R.A. 7877
Case/s asked: Domingo v. Rayala
YES, This may be committed by an "employer, employee, manager, supervisor, agent of the
employer, any other person who, having authority, influence or moral ascendancy over
1) What is sexual harassment?
another in a work environment, demands, requests or otherwise requires any sexual favor
from the other."
One or a series of incidents involving unwelcome sexual advances, requests for sexual
favours, or other verbal or physical conduct of sexual nature, made directly, indirectly and
5) What if same rank?
impliedly when:
i. Such conduct might reasonably be expected to cause insecurity, discomfort,
Such acts when both the offender and offended party are of the same rank are not within the
offense or humiliation to another person or group; or
scope of law.
ii. Submission to such conduct is made either implicitly or explicitly a condition of
employment or any opportunity for training or grant of scholarship, or
6) Moral ascendancy, requirements?
iii. Submission to or rejection of such conduct is used as a basis for any employment
decision (including, but not limited to, matters of promotion, raise in salary, job
a) demand, request, or requirement of a sexual favor;
security and benefits affecting the employee); or
b) the same is made a pre-condition to hiring, re- employment, or continued employment;
iv. Such conduct has the purpose or the effect of interfering with a person’s work
or
performance, or creating an intimidating, hostile or offensive work environment.
c) the denial thereof results in discrimination against the employee.
Employment-related sexual harassment means sexual harassment by a member or employee of
However in Domingo v. Rayala: “It is not essential that the demand, request or requirement
the agency which occurs:
be made as a condition for continued employment or for promotion to a higher position. It is
1. In the working environment, or
enough that the respondents acts result in creating an intimidating, hostile or offensive
2. Anywhere else as a result of employment responsibilities or employment
environment for the employee.”
relationship.
2) How is it committed in a work place? Sec. 3. 7) If no moral ascendancy, what is the crime committed?
(a) In a work-related or employment environment, sexual harassment is committed when: Acts of lasciviousness, on the other hand, is malum in se. Intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person needs to be proven. Good faith
(1) The sexual favor is made as a condition in the hiring or in the employment, re- is a defense. The relationship of the offender and the offended party does not matter
employment or continued employment of said individual, or in granting said
individual favorable compensation, terms of conditions, promotions, or privileges; 8) Obligation of employer in case of commission of sexual harassment?
or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive or SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training
diminish employment opportunities or otherwise adversely affect said employee; Environment. - It shall be the duty of the employer or the head of the work-related,
(2) The above acts would impair the employee's rights or privileges under existing educational or training environment or institution, to prevent or deter the commission of acts
labor laws; or of sexual harassment and to provide the procedures for the resolution, settlement or
(3) The above acts would result in an intimidating, hostile, or offensive environment prosecution of acts of sexual harassment. Towards this end, the employer or head of office
for the employee. shall:
a) Promulgate appropriate rules and regulations in consultation with and joint1y
3) Where can it be committed? approved by the employees or students or trainees, through their duly
designated representatives, prescribing the procedure for the investigation of
a. in the premises of the workplace or office or of the school or training institution; sexual harassment cases and the administrative sanctions therefor.
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b. What is unjust vexation?

Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment. any human conduct that, although not productive of some physical or material harm,
could unjustifiably annoy or vex an innocent person. The paramount question to be
The said rules and regulations issued pursuant to this subsection (a) shall considered is whether the offender’s act caused annoyance, irritation, torment,
include, among others, guidelines on proper decorum in the workplace and distress, or disturbance to the mind of the person to whom it was directed.
educational or training institutions
b) Create a committee on decorum and investigation of cases on sexual 12) Mr. X is the supervisor of Company Y. The workplace is a small room
harassment. The committee shall conduct meetings, as the case may be, with separated by cubicles. When Ms. A was going to submit a paper to Mr. X, she
officers and employees, teachers, instructors, professors, coaches, trainors, and saw that Mr. X’s wallpaper is pornographic. Is he guilty of Sexual
students or trainees to increase understanding and prevent incidents of sexual Harassment?
harassment. It shall also conduct the investigation of alleged cases constituting
sexual harassment YES. FORMS OF SEXUAL HARASSMENT
1. Physical
In the case of a work-related environment, the committee shall be composed of a. Malicious touching
at least one (1) representative each from the management, the union, if any, the b. Overt sexual advances
employees from the supervisory rank, and from the rank and file employees. c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or demands for sexual favors, and
In the case of the educational or training institution, the committee shall be lurid remarks
composed of at least one (1) representative from the administration, the trainors, 3. Use of objects, pictures or graphics, letters or written notes with sexual
instructors, professors or coaches and students or trainees, as the case may be. underpinnings
4. Other forms analogous to the foregoing.
The employer or head of office, educational or training institution shall
disseminate or post a copy of this Act for the information of all concerned. 13) In the company, they played “Guess the color of the panty” to which Y was a
participant therein. Y said “ang babastos niyo,” and the game master is the
SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - manager. Is he guilty of Sexual Harassment?
The employer or head of office, educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed in the employment,
education or training environment if the employer or head of office, educational or training
institution is informed of such acts by the offended party and no immediate action is taken. ----------------------------------------------------
9) Penalty?
SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon
MIDTERMS
conviction, be penalized by imprisonment of not less than one (1) month nor more than six
(6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. -----------------------------------------------------
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) KASAMBAHAY -----------------
LAW & HOMEWORKERS
years. Laws: R.A. 10361, Labor Code provisions, L.A. No. 17 s. 2018
Case asked: Apex Mining Co.
10) “Good morning, are you going to wear a mini skirt today” as seen on texts
messages of Manager. Sexual harassment? 1. What is a kasambahay?
YES. The key ingredient in sexual harassment under RA 7877, therefore, is the feelings or Refers to any person engaged in domestic work within an employment relationship such as,
effect to the victim as a result of the offender’s act. As long as the offender creates an but not limited to, the following:
intimidating, hostile, or offensive environment for the victim, there could exist sexual a) General house help
harassment. b) Nursemaid or yaya
c) Cook
11) Janitor comments “ganda ng legs” to office clerk. Sexual harassment? d) Gardener
a. If not, what crime? e) Laundry person
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But shall exclude any person who performs domestic work only occasionally or sporadically 9. Contents of the contract?
and not on an occupational basis.
1. Duties and responsibilities of the kasambahay, which include the responsibility to
The term shall not include children who are under foster family arrangement and are render satisfactory service at all times;
provided access to education and given an allowance incidental to education, i.e., “baon”, 2. Period of employment;
transportation, school projects and school activities. 3. Compensation;
4. Authorized deductions;
2. Who are not covered? 5. Hours of work and proportionate additional payment;
6. Rest days and allowable leaves;
1. service providers 7. Board, lodging and medical attention;
2. family drivers 8. Agreements on deployment expenses, if any
3. foster family agreement 9. Loan agreement, if any
4. those employed sporadically 10. Termination of employment
11. Any other lawful condition agreed upon by the parties
3. Who is a service provider?
If kasambahay is below 18 years old: contract shall be signed by his/her parent
Refers to any person that carries an independent business and undertakes to perform job, or lawful guardian on his/her behalf, may be read by the Punong Barangay
work or service on his/her own for a household, according to his/her own manner and
method and free from the control and direction of the employer in all matters in connection 10. What are the responsibilities of PEA?
with the performance of the work except as to the results thereof.
1. Ensure that the kasambahay is qualified as required by the employer;
4. “Foster care agreement”? 2. Secure the best terms and conditions of employment for the kasambahay;
3. Ensure that the employment agreement between the kasambahay and the
Refers to children living with a family or household of relatives and are provided access to employer stipulates the terms and conditions of employment and all the benefits
education and given allowance incidental to education (baon, transportation, school projects in accordance with the IRR
and activities) provided that the foster family and foster care arrangement are in compliance 4. Provide a pre-employment orientation briefing to the kasambahay and the
with the Foster Care Act of 2012. employer about their rights and responsibilities in accordance with the law
5. What is debt bondage? 11. Minimum wage of a kasambahay?
refers to the rendering of service by the Kasambahay as security or payment for debt where a. NCR – 3,500 a month
the length and nature of service is not clearly defined or when the value of the service is not b. Chartered cities and first class municipalities – 2,000
reasonably applied in the payment of the debt. c. Other municipalities – 1,500
6. Who pays the deployment expenses? 12. Employment of children below 18 but above 18
• The employer, whether the kasambahay is hired through a PEA or a third party. In no 1. Working for not more than 40 hrs per week (8 hrs/day)
case shall the recruitment or finder’s fees be charged against the kasambahay. 2. No work from 10 PM – 6 AM
3. No hazardous jobs
• The employer also shoulders the deployment expenses whether the kasambahay is 4. There is access to education
hired directly or through the PEA. However, the employer may recover the deployment
cost from the kasambahay whenever the employment is terminated within 6 months 13. Mr. X hired Ms. Y through PEA. 2 days after arrival, X asked for Y’s
without just cause. replacement on the ground that Y suffers body odor. Is the ground valid?
7. Who pays the cost of hiring? No, the law requires the disease should be prejudicial to the health of the Kasambahay, the
employer or members of the household.
Employer, whether through PEA or not
Note: In order to determine if the same is prejudicial, we should apply the requirements of
8. X, employer of Y, likes to curse. Into 3 months, Y left because she could no Article 299 of the LC which requires the certification of a competent physician.
longer take it. Can X recover, assuming she had been hired thru a PEA?
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14. Same hypo, but instead of Body odor, kasambay has dark color?
However, if the domestic worker is receiving a wage of 5,000 PHP and above per month, the
This is discrimination domestic worker shall pay the proportionate share in the premium payments or contributions,
as provided by law.
15. So there is no other option but to employ?
In the event that the kasambahay avails of certain loan privileges which require additional
16. 2 months of hiring, Y runs away with all the personal property of the employer. payment of premiums, said additional shall be shouldered solely by the kasambahay.
When the kasambahay unreasonably leaves the employer within six (6) months from the 22. Is the kasambahay entitled to SIL?
time he/she started work, the employer may be reimbursed of the deployment expenses.
Yes, same rule. Provided, that she has rendered at least 1 year of service for a 5-day leave.
1. Are they required to pay the service pay?
2. If PEA failed to pay, what is the effect? 23. Commutative? Convertible to cash?
3. Can the agency be obliged to pay the value of goods on the ground
that PEA guarantees its employees? NO, unused leaves shall not be convertible to cash nor may it be carried over.
17. Rights and privileges? 24. What is the right to loan?
a) Minimum wage SECTION 10. Deduction for Loans/Debts. – In case there are loans/debts, an agreement
b) Daily and weekly rest periods, service incentive leave, and 13th month pay; may be made to deduct from the wages of the Kasambahay an amount which shall not
c) Freedom from employer’s interference in the disposal of wages; exceed 20% of his/her wages in a month.
d) Coverage under the SSS, Philhealth and Pag-IBIG laws
e) Standard of treatment; An employer may agree to extend loan assistance to the Kasambahay at an amount not
f) Board, lodging and medical attendance; exceeding the equivalent of his/her six (6) months’ salary.
g) Right to privacy
h) Access to outside communication This Section shall not apply to working children.
i) Access to education and training;
j) Right to form, join, or assist labor organization; 25. What is the wisdom of the law that minors do not have the right to loan?
k) Right to be provided a copy of the employment contract as required
l) Right to certificate of employment Law on OBLICON that minors, due to their age, cannot enter into a contract, much more in
m) Right to terminate employment the case which involves money.
n) Right to exercise their own religious beliefs and cultural practices
o) PAYMENT must be with pay slip 26. Is it mandatory for the employer to grant such when the kasambahay
requests?
18. X failed to pay 2months worth of salary, can she demand unpaid salary from
PEA? Law uses the word “may”, hence giving an option to the employer.
19. What are the basic necessities of the kasambahay? 27. If Y is pregnant, is she entitled to maternity benefit?
1. At least three (3) adequate meals a day, taking into consideration the Qualify if she contributes to SSS, or if her employer contributes to SSS.
kasambahay’s religious beliefs and cultural practices;
2. Humane sleeping condition; and 28. Can the ER insist that Kasambahay take a leave when she is pregnant, and
3. Appropriate rest and basic medical assistance. just come back to work? What if ayaw ni Kasambahay, kaya pa naman daw
niya. Whose decision shall prevail?
20. When is the kasambahay entitled to SSS benefit?
29. Can the Kasambahay avail the Solo Parent Leave?
When the kasambahay has rendered at least 1 month of service
Based on an LA Advisory, those who can apply for leave benefits are household service
21. Who pays the premium? workers who meet the requirements for Solo Parent Leave (RA 8972), Special Leave Benefit
for Women under Magna Carta for Women (RA 9710), and Violence against Women and
Shouldered by the employer. their Children (VAWC) Leave (RA (9262).
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1. Is it willful disobedience?
th
30. On the 10 year of employment, the house helper developed a tumor. The ER
offered to pay for the procedure, but the Kasambahay insists that the YES.
procedure be done in her province because she needs someone to take care
of her. 2. Does the kasambahay law require due process?
(1) Is the ER bound to cover medical assistance should the tumor develop YES, the kasambahay may be given the chance to show cause.
into cancer?
37. Employer: “Lutuan mo ‘ko ng adobo,” kasambahay: “Bukas na, late na.” Is this
(2) Can she insist that the procedure be done in her province? a valid ground for termination?
31. House helper destroyed the Nintendo Switch of the employer’s kid. Can it be If it is a continuous, unreasonable disobedience, then it may be a ground for termination.
deducted?
1. Does he need the consent of employee? 38. Homeworker v. Househelper?
2. Is this requirement found in the LC?
3. Is the Er allowed to deduct the entire salary? A homeworker is one who is employed by another employer, not necessarily living in the
same residence together.
Yes, provided that the following are present:
39. Is the Homeworker entitled to Min. Wage? SILP?
i. The Kasambahay is shown to be responsible for the loss or damage.
ii. The Kasamabahay is given reasonable opportunity to show cause 40. Is the kasambahay entitled to benefits?
why deduction should not be made. 1. OT pay? NO.
th
iii. The total number of such deductions is fair and reasonable and shall 2. 13 month? YES, Rendered at least 1 month of service shall be entitled, which
not exceed the actual loss or damage. shall not be less than 1/12th of his total basic salary earned in a calendar year.
iv. The deduction from the wages of the Kasambahay does not exceed Pay shall be paid not later than December 24 of every year.
20% of his /her wages in a month.
v. Employer secures the written consent or authorization of the 41. Can the kasambahay demand weekly day-off?
Kasambahay.
Yes. He/she is entitled to at least 24 consecutive hours of rest in a week. However, the
32. Can the kasambahay request for a 4-month salary advance? kasambahay and the employer may agree to shorten the rest day, provided the employer
pays for the hours worked during the shortened rest day.
Agreement may be made to deduct from the wages an amount which shall not exceed 20%
of wages in a month. An employer may agree to extend loan assistance to the kasambahay 42. Is the employer obligated to provide kasambahay secondary education?
at an amount not exceeding the equivalent of his/her 6 months salary. (Right to Loan)
Yes. The Kasambahay shall be afforded the opportunity to finish basic education, consisting
33. Can kasambahay be allowed to join a labor organization? of elementary and secondary education.
The kasambahay shall have a right to join a labor organization of his/her own choosing for The employer shall adjust the work schedule of the kasambahay to allow his/her
purposes of mutual aid and collective negotiation. The kasambahay shall be afforded access to education or training without hampering the services required by the
opportunity to attend organization meetings. employer. Access to education may include financial assistance at the option of
the employer.
34. Where to file Illegal Dismissal?
43. If a child worker is also a kasambahay?
To the DOLE-Regional Office having jurisdiction of the workplace
YES, provided she is not below 15.
35. Can the RD order reinstatement?
44. Minimum age of kasambahay?
No reinstatement.
45. If the house helper has been with you for 6 months, can you ask for
36. What if the personal property was destroyed on purpose, is it valid ground for replacement without cause?
termination?
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NO, tantamount to Illegal Dismissal. health of the kasambahay, the e. Violation by the kasambahay of
employer, or member/s of the the terms and conditions of the
46. Household helper voluntarily assists in the sari-sari store of employer? household; and employment contract and other
f. f. Other causes analogous to the standards set forth under the
YES, provided she is paid the correct wage. foregoing. law;
f. Any disease prejudicial to the
47. What if House helper doesn’t want to work after 4 months, can the Er recover health of the kasambahay, the
deployment expenses? employer, or member/s of the
household; and
Section 3. Deployment Expenses. – The employer, whether the kasambahay is hired directly g. g. Other causes analogous to
or through an employment agency, shall pay the expenses directly used for his/her transfer the foregoing.
from place of origin to the place of work. The employer may recover deployment costs from
the kasambahay whenever he/she leaves without justifiable reason within six (6) months
from employment. 51. On the ground of a valid cause that Kasambahay has over ER for termination.
Can she just leave w/o notice? How about when the Kasambahay says “Di ko
48. What are the specific acts declared as unlawful under the law? na po kaya yung ugali niyo, aalis na po ako.” Will that be acceptable?
1. Employment of children below 15 years of age; 52. When the Kasambahay has been terminated, can she avail of the maternity
2. Withholding of the kasambahay’s wages; benefits?
3. Interference in the disposal of the kasambahay’s
wages; YES, Sec. 8 of new law.
4. Requiring kasambahay to make deposits for loss or
damage; 53. What if the ER won’t give the wi-fi password. Is that a valid ground?
5. Placing the kasambahay under debt bondage; and
6. Charging another household for temporarily performed 54. Kasambahay has a favorite teledrama that airs on 10 PM. The employer
tasks. prohibits to watch because she has to wake up at 4AM. Can X claim that there
is abuse?
49. Penalty?
No.
Admin fine of 10k-40k, to be imposed by the DOLE-RD
55. Abuse?
50. Grounds where the kasambahay and employer may terminate?
The law mandates the conduct of immediate rescue of abused or exploited kasambahay by
By the Kasambahay By the Employer the municipal or city social welfare officer or a social welfare officer from DSWD, in
a. Verbal or emotional abuse of the a. Misconduct or willful coordination with the concerned barangay officials.
kasambahay by the employer or disobedience by the
any member of the household; kasambahay of the lawful order The law sets out that crimes or offenses committed under the Penal Code and other criminal
b. Inhuman treatment including of the employer in connection laws shall be filed with the regular courts.
physical abuse of the with the former’s work;
kasambahay by the employer or b. Gross or habitual neglect or Rehab services for LSWD include shelter, counseling, legal services, medical services,
any member of the household; inefficiency by the kasambahay livelihood skills training
c. Commission of a crime or in the performance of duties;
offense against the kasambahay c. Fraud or willful breach of the 56. Househelper taught child to curse, is it a valid ground?
by the employer or any member trust reposed by the employer on
of the household; the kasambahay; YES.
d. Violation by the employer of the d. Commission of a crime or
terms and conditions of the offense by the kasambahay 57. If house helper neglects to bathe the dog once a week, valid ground?
employment contract and other against the person of the
standards set forth under the employer or any immediate 58. Can the ER terminate on the ground of pregnancy?
law; member of the employer’s
e. Any disease prejudicial to the family;
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SECTION 4. Invalid Ground for Termination. – Pregnancy and Marriage of the Kasambahay 1. What is a night worker? R.A. 10151
are not considered valid grounds for termination of employment.
Article 154. Coverage. - This chapter' shall apply to all persons, who shall be employed or
59. Where and when can kasambahay file an action? permitted or suffered to work at night, except those employed in agriculture, stock raising,
fishing, maritime transport and inland navigation, during a period of not less than seven (7)
60. Who has jurisdiction? consecutive hours, including the interval from midnight to five o'clock in the morning, to be
determined by the Secretary of Labor and Employment, after consulting the workers'
61. If kasambahay found to be illegal dismissed, what is the kasambahay entitled representatives/labor organizations and employers.
to receive?
'Night worker' means any employed person whose work requires performance of a
Unpaid compensation and indemnity equivalent to 15 days of work. No reinstatement. No substantial number of hours of night work which exceeds a specified limit. This limit shall be
backwages. fixed by the Secretary of Labor after consulting the workers' representatives/labor
organizations and employers.
62. Provisions protecting employers?
2. Call center agent, working from 9 PM to 3 AM. Is she considered as a night
1. Require pre-employment documents worker?
2. Recover deployment expenses
3. Forfeit 15-day unpaid salary if kasambahay leaves without justifiable reason YES.
4. To terminate
5. Demand Replacement 3. Can a female be a night worker?
6. Prohibit employee from disclosing information about employer
Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to
63. Can the employer demand the NBI clearance? night work is available to women workers who would otherwise be called upon to perform
such work:
64. Rule on dispute settlements in Kasambahay Law? (1) Before and after childbirth, for a period of at least sixteen (16) weeks, which
shall be divided between the time before and after childbirth
(2) For additional periods, in respect of winch a medical certificate IS produced
stating that said additional periods are necessary for the health of the
mother or child:
i. During pregnancy;
ii. During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE
after consulting the labor organizations and employers.
During the periods referred to in this article:

a) A woman worker shall not be dismissed or given notice of dismissal, except for
just or authorized causes provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities.
b) A woman worker shall not lose the benefits regarding her status, seniority, and
access to promotion which may attach to her regular night work position.
Pregnant women and nursing mothers may be allowed to work .at night only if a competent
physician, other than the company physician, shall certify their fitness to render night work,
and specify, in the case of pregnant employees, the period of the pregnancy that they can
safely work.
The measures referred to in this article may include transfer to day work where this is
possible, the provision of social security benefits or an extension of maternity leave.
EMPLOYMENT OF NIGHT WORKERS
Laws: Labor Code, Arts. 154 -161 The provisions of this article shall not leave the effect of reducing the protection and benefits
connected with maternity leave under existing laws.
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work. "If such transfer to a similar job is not practicable, these workers shall be granted the
4. Facilities and benefits same benefits as other workers who are unable to work, or to secure employment during
such period.
• First aid facilities
• Necessary arrangements A night worker certified as temporarily unfit for night work shall be given the same protection
• Safe and healthful working conditions against dismissal or notice of dismissal as other workers who are prevented from working for
• Resting quarters reasons of health.
• Transportation from residence
8. If a GRO got pregnant, and the physician found her unfit for work, but she
5. Examples of Social Services cannot be transferred because the Bar where he works for is only open during
the morning.
BENEFITS
a) Apply for Technical Retirement 9. If she was allowed 3 months leave, and 3 months additional leave but without
b) Check Patient's Philhealth Eligibility Status upon Admission pay. Isn’t that tantamount to constructive dismissal (floating employment)?
c) Check Philhealth Rate for Specific Cases of Illness/Surgical Procedure
d) Enroll for Personal Equity and Savings Option Fund (PESO) 10. Requirement for a disease as ground for termination?
e) Locate Philhealth-accredited Health Care Institutions Submit Maternity
Notification to SSS SECTION 8. Disease as a ground for dismissal. — Where the employee suffers from a
f) Submit Maternity Notification via Text-SSS disease and his continued employment is prohibited by law or prejudicial to his health or to
the health of his co-employees, the employer shall not terminate his employment unless
FILE COMPLAINTS there is a certification by competent public health authority that the disease is of such nature
of at such a stage that it cannot be cured within a period of six (6) months even with proper
g) Avail OFW Online Legal Counseling for Human Trafficking Victims, etc medical treatment. If the disease or ailment can be cured within the period, the employer
h) File Complaints on DSWD Disaster-related initiatives shall not terminate the employee but shall ask the employee to take a leave of absence. The
i) File Complaints on Illegal Activities such as Kotong, Payola, Lagay employer shall reinstate such employee to his former position immediately upon the
j) File Human Trafficking Report restoration of his normal health (Sec. 8, Rule II, Book Vi, Implementing Rules of the Labor
k) Inquire or Report a Human Trafficking Case or Incident Code).
l) Request for POEA Legal Assistance
This means that for an employee to be terminated on the ground of his disease, the disease
FINANCIAL ASSISTANCE must be:
a) of such nature that his continued employment is considered prohibited by law; or
m) Apply for DBP Water for Every Resident (WATER) Program Register b) prejudicial to himself or to the other employees; and that
c) it cannot be cured within a period of six months even with proper medical attention.
REGISTER
11. Anemia, 6 weeks unfit for work, valid termination?
n) Express Interest to Adopt or Foster
12. Is the employer required to provide medical assessment?
SALARY LOANS
Article 155. Health Assessment. - At their request, workers shall have the right to undergo a
o) Certify Employee Salary Loan health assessment without charge and to receive advice on how to reduce or avoid health
problems associated with their work:
6. Is there a penal sanction if failure to comply?
(a) Before taking up an assignment as a night worker;
Fine of not less than 30k nor more than 50k or imprisonment of not less than 6 months or (b) At regular intervals during such an assignment; and
both at the discretion of the court. (c) If they experience health problems during such, an assignment which are not caused by
factors other than the performance of night work.
7. Mr. X, a call center agent on graveyard shift has anemia, according to
company-designated physician. Can he take two weeks leave? With the exception of a finding of unfitness for night work, the findings of such assessments
shall not be transmitted to others without the workers' consent and shall not be used to their
Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health detriment.
reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to
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MEDICAL, DENTAL AND OCCUPATIONAL SAFETY 9. Right to Equipment (Sec. 8)

Laws: Labor Code, but D.O. 196-18 and D.O. 198-18 are controlling
Case/s asked: Meñez v. ECC 10. Safety signages (Sec. 9)
1. Who is a first-aider 11. Who is a safety officer? (Sec. 14)
Any person trained and duly certified to administer first-aid by the Red Cross or any 12. What is first-aid treatment?
organization authorized by the SOLE
Means any person trained and duly certified as qualified to administer first- aid by the PNRC
2. What is a high-risk establishment or by any other organization accredited by the former
Workplace wherein the presence of hazard or potential hazard within the company may 13. Educational attainment of first-aider
affect the safety and/or health of workers not only within but also persons outside the
premises of the workplace. There is high level of exposure to safety and health hazards, and à Must be able to read and write;
probability of a major accident resulting to disability or death or major illness is likely to occur à Must have completed a course in first-aid duly certified by the NRC or any other
if no preventive or control measure are in place. The following are workplaces commonly organization accredited by the former
associated with potentially high-risk activities:
14. Garment factory has 50 sewers. Beside the company, there is a newly built
• Chemical works and chemical production plants hospital. Is a first-aider still required?
• Construction
• Deep Sea Fishing Art. 158. When emergency hospital not required. The requirement for an emergency hospital
• Explosives And Pyrotechnics Factories or dental clinic shall not be applicable in case there is a hospital or dental clinic which is
• Firefighting accessible from the employer’s establishment and he makes arrangement for the reservation
• Healthcare Facilities therein of the necessary beds and dental facilities for the use of his employees.
• Installation of communication accessories, towers and cables
• LPG filling, refilling, storage and distribution Yes. An employer need not put an emergency clinic or hospital if there is a hospital or dental
• Mining clinic which is:
• Petrochemical and biofuel works and refineries I. Not more than 5km away – urban areas Can be reached by motor vehicle in 25
• Power generation, transmission and distribution in the energy sector mins of travel – rural areas
II. Employer has facilities readily available for transporting a worker to the hospital
• Storage, handling and distribution center for toxic or hazardous chemicals
or clinic in case of emergency;
• Storage and handling of fertilizers in high volume
III. Written contract with the hospital or clinic for the use thereof in treatment of
• Transportation
workers in case of emergency
• Water supply, sewerage, waste management, remediation activities
• Works in which chlorine is used in bulk
15. Does the rule apply to hazardous workplace?
• Activities closely similar to those above mentioned
Yes. Emergency clinic or hospital is required for hazardous/non-hazardous workplaces.
3. Is San Beda a high-risk?
16. What is a hazardous workplace?
4. Duties of employer (Sec. 4(a).
Where the nature of the work exposes the workers to dangerous environmental elements,
5. Duty of Workers (Sec. 4(b)
contaminants or work conditions including ionizing radiations, chemicals, fire, flammable
substances, noxious components and the like;
6. Purpose of Committee
Where the workers are engaged in construction work, logging, quarrying, mining, firefighting,
To ensure that the safety and health program is observed and enforced.
blasting, stevedoring, dock work, deep-sea fishing and mechanized farming;
Where the workers are engaged in the manufacture or handling of explosives and other
7. Is an OSH Committee be required at a low-risk establishment?
pyrotechnic products;
8. Composition of Committee (Sec. 13)
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Where the workers use or are exposed to heavy or power-driven machinery or equipment;
• If it is one of the Occupational Diseases listed
Where the workers use or are exposed to power-driven tools. • If it is not, that proof was substantially provided that the illness was
work-related.
17. 300 employees of Boysen, beside a hospital. Is first-aid still required?
21. Safety Officer v. First-aider.
18. X, an employee of Boysen, kept on eating chicharon. The following day, at
8:15 AM, he had a stroke. Is first-aid treatment required?
19. Regardless of the cause? Even if stroke is not a regulated illness?
20. When is an illness compensable?

22. Facilities and Clinic Requirement
Number of Low Risk Medium to High Risk

Workers
First OH OH OH First OH OH OH
Aider Nurse Dentist Physician Aider Nurse Dentist Physician
1-9 1 1
10-50
51-99 2 Part
Time
100-199 2 2 Part 2 1 Part 1 Part 1 Part
Time time Time Time
200-500 3-5 1 Full 1 Part 1 Part Time 3-5 2 Part

Time Time Time
501-2000 6-20 1 Full 2 Part 2 Part Time 6-20 1 Full 2 Part
Time Time Time Time or 1
Full Time
> 2000 >20 1 Full 1 Full 1 Full Time >20 1 Full 1 Full 1 Full
Time Time and 2 Part Time Time Time and
per and 2 Time per 2 Part
shift Part shift Time
Time
p) Part Time Workers: 4 HRS/DAY, 3 DAYS/WEEK

q) Full Time Workers: 8 HRS/DAY, 6 DAYS/WEEK
r) OH personnel shall be placed in the shift with the highest number of
workers
CLINIC REQUIREMENT
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The Labor Code adopts the compensation fund type, in which employers contribute to a common fund and
in turn, an injured employee is compensated out of that fund. All employers are require to contribute to a
common fund equivalent to one percent of the monthly salary credit of every covered employee.
Coverage:
- All employers and employee
Conditions:
• Coverage of the SIF shall be compulsory.

• Every employee not over the age of 60 shall be covered.
• However, employees over 60 years of age shall be covered if he had been paying contributions
to the system prior to the age of 60 and has not been compulsorily retired.
• An employee who is coverable by both the SSS and GSIS shall be compulsorily covered by
both systems.
• Filipinos working abroad in the service of an employer as defined in Sec. 2 shall be covered by
the system and are entitled to the same benefits as are provided for employees working in the
PH.
(2) Start of Coverage?
Art. 176.
Employer - First day of operations
Employee – first day of employment
TELECOMMUTING (3) What are the limitations of liability?

Laws: R.A. 11165
Art. 178.
1. What is Telecommuting (Sec. 3)
1. Willful intention to injure or kill himself
Refers to work arrangement that allows an employee in the private sector to work from an alternative 2. Intoxication
workplace with the use of telecommunication and/or computer technologies 3. Notorious Negligence
4. Not work-related
• Program must be voluntary, and terms must have been agreed upon
2. Fair Treatment (4) POSTIONAL/LOCAL RISK RULE
The employer shall have the duty to ensure that that telecommuting employees are given the same EXCEPTION TO NOTORIOUS NEGLIGENCE - The exception to the above-mentioned rule. It states that if
treatment as a regular employee. an employee, by reason of his duties, is exposed to a special or peculiar danger from the elements, that is,
one greater than that to which other persons in the community are exposed, and an unexpected injury
1. receive a rate of pay, OT, NSD and other monetary benefits not lower than those provided by results, the injury is one arising out of and in the course of employment within the purview of the law.
law
2. rest days, holidays and special non-working holidays (5) Is ECC the same with Worker’s Compensation Program?
3. equivalent workload and performance standards
4. access to training and development opportunities WPC covered all illnesses, death, injury contracted before the effectivity of the ECC, which is on January 1,
5. appropriate training on the technical equipment at their disposal 1975.
6. Collective rights
WPC is the old law regarding compensability of work-related injury or illness. In here, there is a
presumption of compensability. Once the injury or illness arose in the course of employment, the legal
presumption, in the absence of substantial evidence to the contrary, was that the claim for compensation
EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND came within the provisions of the compensation law. The burden of proof rests on to the employer to show
Laws: Labor Code, Arts. 154 -161 that the illness or injury did not arise out of employment or at least aggravated by it. The employee has no
Frequently Asked Cases: Bellarmino v. ECC, Hinoguin v. ECC, GSIS v. CA, Alegre, Valeriano v. ECC, Alano duty to show causation.
v. ECC, Lazo v. ECC, Limbo (all in the book)
WCP ECC
(1) What is the State Insurance Fund? Act 3428 P.D. 422, as amended extensively by P.D.
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No. 6262 Two representatives from employees, and two representatives from the employers, as appointed by the
There is presumption of compensability No presumption President.
No need to present proof of causation Proof of causation is needed when I, D or D
arose from those not listed (11) Procedure in ECC
Employer carries the burden of proof The claimant has the burden of proof
Employer may controvert the claim There employer is not allowed to intervene in 1. There must be a work-related injury
the process of claiming 2. The employee must file within 5 days to notify the employer
Payment is made by the employer Payment is made by the SSS/GSIS through 3. The employer must report such to SSS or GSIS of the sickness
the State Insurance Fund. The employer has 4. Employer decides if it is compensable by GSIS/SSS – ECC – CA (p.517)
nothing left to do but to pay the contribution
Litiguous Administrative (12) Is the employer required to advance expenses? Is it compulsory?
Art. 184. (?)

(6) Who administers the S.I.F.?
(13) Powers of the ECC? (Art. 183)
SSS – private sector
a) to fix the rate of employer’s contributions
GSIS – Public sector
b) to determine the rate of contribution from all employers
ECC- policy making and appellate body
c) to make rules on processing of claims
d) To initiate policies and programs
The system shall have original and exclusive jurisdiction to settle any dispute arising from this title with
e) actuarial studies
respect to coverage, entitlement, benefits and collection and payment of contributions and penalties
f) appoint staff
thereon and any other matter related thereto, subject to appeal to the commission, which shall decide
g) adopt budget a budget, chargeable against the S.I.F.
appealed cases within 20 working days from submission of evidence.
h) to administer oaths, issue subpoenas in any question arising from cases
i) to sue and be sued in court
(7) Purpose of WCP
j) acquire property
k) enter into contracts
a. To provide compensation benefits to occupationally disabled workers in case of death or
l) perform acts as may be deemed appropriate for the attainment of the purpose of the
disability from occupational diseases.
Commission
b. to IMPROVE economic status of workers
c. to OBVIATE uncertainties upon enforcement of court remedies
(14) Does the ECC have quasi-judicial powers?
d. to IMPROVE relations
e. to PROVIDE employees a remedy to employer’s limited liability.
YES, they have the power to decide cases on compensability.
(8) What is the Employee’s Compensation’s benefit?
(15) How do they enforce decisions?
The Employees' Compensation (EC) benefits or disability benefits is a compensation package for public
Art. 188(a). Their decisions are final and executory if no appeal is taken therefrom within 10 days from
and private sector employees and their dependents in the event of work-related injury, sickness, disability
notice thereof.
or death. The EC is a purely employer-based contribution benefit. Thus, the employee is not required to
contribute any amount to the program. He does not have to litigate his right to compensation. All he has to
Appeals must be effected within 15 days from the receipt of notice.
do is to file a claim with the ECC who determines whether or not he should be paid any compensation.
(16) Are they empowered to issue writs of execution?
(9) Conditions of Compensability
YES, 188(b). should it be necessary for the enforcement of decisions.
a) Injury must be the result of accident arising out of and in the course of employment.
b) Sickness must be listed /considered an "occupational disease"; or even if not listed as one, it
They have the power to put someone in contempt.
must be shown that the risk of contracting the sickness is increased by the working conditions.
c) Disability/Death is caused by work-connected injury or sickness
(17) Can you file an MR?
(10) Composition of the ECC (Art. 182)
No express provision.
CHAIRMAN: SoLE
(18) What if the ECC sustained the GSIS’ decision, what is the remedy?
EX OFFICIO MEMBERS:
GSIS General Manager
Art. 187. Review. Appeal under Rule 65 of the Rules of Court (certiorari)
SSS Administrator
Chairman of the Philippine Medical Care Commission
(19) Does the employer participate in the compensation?
Executive Director of the ECC Secretariat
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YES, (Art. 189). Worth 1% of employee’s salary credit (permissible deductions) I – the time, the place and circumstance which accident took place
(20) Does the employer have the discretion to determine the compensability? (28) Hinoguin vs ECC (p. 531) – Arising Out/In the Course of Employment
No. Only the ECC. The death of Sgt. Hinoguin from his being hit by an accidental discharge of rifle arouse out of and in the
course of employment as a soldier on an active duty status of the AF and thus, compensable.
REASONS:
DEATH, ILNESS AND DISABILITY BENEFITS
1. Workplace cannot always be literally applied to a soldier on an active duty status. A soldier
Law: Labor Code
must go where his company is stationed. He and his companions had lawful permission to
Frequently asked cases: Morate v. ECC, Limbo v. ECC, SSS, GSIS v. CA, United Phil Lines v. Sibug,
proceed to the place, and it is held that a place which soldiers have secured a lawful permission
Montierro v. Rickmers, GSIS v. Balais, Austria v. CA, Salmone v. ECC, Magsaysay v. Lobusta, Gatus v. SS, CF
cannot be different to a place where they are required to go by their commanding officer.
Sharp v. Santos, Marlow Navigation v. Ganal, Seapower Shipping v. Sabanal, GSIS v. Pauig, CF Sharp v.
2. They were not on vacation leave and were authorized to carry weapon as to defend themselves
Castillo, Dionio v. Transglobal Martime
against the elements of the NPA.
3. A soldier on an active duty status is really on duty 24 hrs a day. He is subject to call or to orders
(21) What is an injury?
of his superior at all times, except when he is on vacation leave. He did not effectively cease
performing official functions because he was granted a pass.
Any harmful change in the human organism from any accident arising out of and in the course of the
4. A soldier should be presumed to be on official duty unless he is shown to have clearly and
employment. (Art 173)
unequivocally put aside that status or condition temporarily (by going on vacation leave)
(22) What is an ailment?
(29) 24-HOUR DUTY DOCTRINE
Is a sickness accepted as occupational disease as listed by the Commission, or any sickness caused by
Soldiers and policemen and even firemen, by their nature of their work, may be considered on duty around-
the employment.
the-clock. But this doctrine, while it relaxes the workplace factor, does not dispense with the work-
connection requisite.
(23) Is muscle pain an injury?
(30) X, police on vacation leave. On leave, while in 7/11, he saw a person stealing money from
(24) When is an illness compensable?
another customer. The person had accomplices. When X was about to stop the person.
One of the accomplices stabbed him which caused his injury. Is it compensable?
a) He must have been injured at the place where his work requires him to be
b) Employee must be performing his official functions
YES. 24 Hour Duty doctrine will apply.
c) If elsewhere, that he has been executing an order
d) His injury is not due to intoxication or willful intent
(31) Valeriano vs ECC (p. 537)
(25) A San Beda employee was tasked to carry 5KGs of text booklets. He claims that he
The petitioner failed to demonstrate how his job as a firetruck driver was related to the injuries he had
suffered injury. Is It an injury?
suffered. He sustained his injuries after pursuing a purely personal and social function. His injuries were not
acquired at his workplace nor they were sustained while he was acting within the scope of his employment
(26) Belarmino vs. ECC (p. 530)
or in pursuit of an order of his superior.
Proximate cause – the sufficient cause which may be remote in an operation chain. It sets the others in
The 24-hr duty doctrine cannot be applied because he was neither at his assigned workplace nor in pursuit
motion. And the final event of which is the disability.
of an order from his superior at the time he met the accident.
The right to compensation extends to disability due to diseases supervening upon and proximately and
(32) GSIS vs. CA and F. Alegre (p. 533)
naturally resulting from a compensable injury. Where the primary injury is shown to have arisen in the
course of employment, every natural consequence that flows from the injury likewise arises out of
The members of the national police are by the nature of their functions technically on duty 24 hrs a day
employment. Simply stated, all medical consequences and sequels that flow from the primary injury are
because policemen are subject to call at any time and may be asked by their superiors or by any
compensable.
distressed citizen to assist in maintaining the peace and security of the community.
In the case, Mrs. Belarmino’s fall in the classroom floor brought about her premature delivery which caused
Obviously, the matter the petitioner was attending at the time of his death, that of ferrying passengers for a
the development of septicemia post partum which resulted to her death. Her fall was the proximate or
fee, was intrinsically private and unofficial in nature proceeding as it did from no particular directive or
responsible cause that set in motion an unbroken chain of events, leading to her demise. Her fall was the
permission of his superior officer. In the absence of such prior authority, or peacekeeping nature of the act
primary injury that arose in the course of her employment as a classroom teacher; hence, all the medical
attended by the policeman, at time he died, there is no justification that Alegre met the requisites set forth
consequences flowing from post partum septicemia, and death, are compensable.
in the ECC guidelines. He was not placed in a situation where he was required to exercise his authority and
duty as a policeman. The 24 hr duty doctrine serves more than as an after-the-fact validation of their acts
(27) “ARISING OUT OF” V. “IN THE COURSE OF”
to place them within the scope of the guidelines rather than a blanket license to benefit them in all
situations that not be sweepingly applied to all acts and circumstances causing the death of a police officer,
A – origin or the cause of accident, followed from that source as a rational consequence
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but only to those which, although not on official line of duty, are nonetheless, basically police service in
character. The general rule is that injuries occurring to an employee during an intermission or break for rest or
refreshment arise in the course of employment are compensable. An employee is entitled to compensation
(33) GOING AND COMING IN RULE EXCEPTIONS: for injuries received on the employer’s premises, although the accident occurred during lunch period, where
the eating of the lunch was with the employer’s knowledge and consent.
(1) When the employee deviated from the original route
(2) When he has his own special, personal purpose It is not compensable if it results from an independent act of the employee having no connection with his
work or his meal, of it at the time he was in a place where he had no right to be.
(34) Alano vs. ECC – Accident on the Way to Work (Off Premises Rule) p. 540
Ordinarily, an employee is not compensated while away from the employer’s premises during an
An injury or death of a covered member in an accident while he is going to, or coming from, the workplace intermission for lunch, subject to exceptions
shall be compensable provided:
(39) X, San Beda employee, had a meal in Mcdo during a non-compensable meal period. On
i. The act of the employee of going to, or coming from, the workplace, must have the way back, he slipped. Compensable?
been a continuing act, that is, he had not been diverted therefrom by any other
activity, and he had not departed from his usual route to or from his workplace; and Generally, an accidental injury to an employee is not covered if it occurs off the employer’s premises while
ii. An employee on a special errand – must have been official and in connection to his the employee is going to or coming from an unpaid lunch time. (Off Premises Rule)
work
In the case, the deceased died while going to her place of work. She was at the place where her job If X is at a place where he had no right to be, then he is not under the protection of the statute.
necessarily required her to be if she was to reach her place of work on time. She was there because her
employment required her to be there. EXCEPT: If he was permitted by the employer
(35) Lazo vs. ECC – Accident on the Way Home (p.542) (40) X & Y are employees of A company. X wanted to commit suicide and invited Y to do the
same. Y was pushed off the building. They did not die, but only suffered injuries. Is it
There was no evidence that the petitioner deviated from his usual, regular homeward route or that compensable?
interruptions occurred in the journey. Employment includes not only the actual doing of work but a
reasonable margin of time and space necessary to be used in passing to and from the place where the (41) X is sales attendant in SM. Customer was not satisfied with the goods sold. He confronted
work is to be done. If the employee be injured in the place with such close proximity and relation as to be in X, that it was defective. So customer pushed X and X suffered injuries. Compensable?
practical effect a part of the employer’s premises, the injury is one arising out of and in the course of the
employment as though it had happened while the employee was engaged in his work at the place of its YES, assault arising from quarrel over work matters arising out of employment Is compensable.
performance.
(42) If injury happened in workplace, is it always compensable?
(36) Mr. X was on duty, on his way home, when he rode the jeepney, he was stabbed by the
passenger. Is it compensable? NO, there is no presumption of compensability.
Yes. Employment includes not only the actual doing of the work, but a reasonable margin of time and (43) What if in work place, but injury is not work-related. Compensable?
space necessary to be used in and passing to and from the place of work. Of course, it must be proximate
to the place of work. No, not in all cases.
(37) SHUTTLE BUS DOCTRINE (44) DUAL PURPOSE DOCTRINE
EXTRA PREMISES RULE, Where the employer, as an incident to employment, provides means for Special trip would have to be made for the employer If the employee had not combined that service for the
transportation to and from the place of employment, the company is liable. employer with his going/coming trip.
Guidelines:
(38) During meal period, X went to the CR to urinate. He fell. Is it compensable even if it is
unpaid? à Both business and personal purpose are deemed within the course of employment
à If he would still make the trip in the absence of official purpose/non-fulfillment of personal
YES, because acts of ministration (call of nature, etc.) and meal period are incidents to the employment. purpose, IT IS CONSIDERED PERSONAL
à If he would make the trip without personal purpose, it is BUSINESS, even if not in contingency
It is settled that injuries sustained in connection with acts which are reasonably incidental to the of employment.
employment are deemed arising out of employment. This includes acts of personal ministration for he
comfort or convenience of the employee. The course of employment is not broken because of acts of (45) X, a teacher went to SM Manila at 6 PM to withdraw salary, (1 hr from workplace because
administration done by an employee to himself. of the traffic.) Is it compensable?
Acts of ministration are those done by a person to satisfy call of nature. They are deemed incidents of YES. Because withdrawing his salary is in connection with his duties as an employee. Likewise, X has no
employment and thus, injuries sustained thereby are compensable. other time to withdraw but after class hours.
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(55) How to we determine if an employee is intoxicated?

a. What if the purpose it to pay the bills?
The breath analyzer, to determine the blood alcohol concentration level.
No. paying bills is not an incident to his employment. This is also not considered as an act of
ministration. (56) Negligence on his part? Simple or notorious?
(46) Mr. X, a basketball player and an encoder. He bought home his work. He had a carpal (57) What if may sign na “Do not touch the machine”?
tunnel syndrome. Is it compensable?
(58) X despite having a bipolar disorder, was employed as a seaman. One night, he felt
Injuries sustained at home or upon his work premises in connection with the performance of his duties are homesick and asked for repatriation but his captain denied and advise him to try to adjust.
generally compensable where such work is done in pursuant to the terms of the contract or pursuant to the The next day, he jumped off the ship and died. Is it compensable?
order of the employer. An exception to this is if it is done voluntarily by the employee for his own benefit.
YES, because there was no willful intent.
If it was permitted by the employer, it may be compensable.
(59) X, security guard, had an altercation with a frat member. 3 hours later while outside the
(47) X, employee of a garment company. He was curious with the cutter. During his meal school, X was stabbed. Compensable?
period, he pressed the switch, and one of his fingers was cut. Is it compensable?
An assault, although resulting from a deliberate act of the slayer, is considered an accident within the
NO, as it amounts to self-inflicted injury (notorious negligence) wherein he disregarded his personal safety. meaning of the WC. Assault resulting from resentment, having its origin in the work, arouse out of
employment. (Bohol Land vs. Madanguit)
OR
(60) X wanted to meet his friend during lunch break, he was allowed to have lunch out but was
YES. It is compensable if the injury was not intentional but one due to carelessness or negligence. ordered to buy Krispy Kreme. X purchased the donuts, he slipped and fell. Compensable?
Furthermore, a defense against notorious negligence is the unexpectedness of the accident. Another is
lack of knowledge or awareness of the peril or the seriousness of the impending danger. YES, If it was an act for the benefit of the employer.
(48) Can ER negate its liability on the ground of notorious negligence? An injury sustained by an employee outside the company premises is compensable if his being out is
covered by an office order or locator slip or pass for an official business. Where the claimant was
(49) What is notorious negligence? performing official functions, it hardly matters that she was injured outside regular working hours and
beyond her place of work. The act is also considered incidental to the employment, as it is done for the
(50) Give an example. benefit of the employer.
Solidum v. GSIS, p. 50 – challenged his comrades to a duel, then pulled the trigger, causing his death (61) Mr. X., a janitor, suffered injuries during earthquake and the fan fell off his head. Is it
compensable? What if he was intoxicated?
Or playing with a dynamite, knowing it to be confiscated
(62) Mr. X was the clerk of San Beda. He has stage 3 colon cancer. Is it compensable?
NOTORIOUS NEGLIGENCE is a deliberate act of the employee to disregard his own personal safety.
Generally, it is not compensable. But if there has been (1) lack of knowledge or awareness of the peril of To establish compensability, the claimant must show ample proof of reasonable work-connection, not just
the seriousness of existing danger or (2) unexpectedness of the accident, it may compensable. direct causal relation. If from the nature of his work as clerk, it cannot be shown that a colon cancer may
develop, it may not be compensable.
(51) What does Art. 179 provide?
(63) X & Y are sweethearts, in the workplace, X found Y was cheating. So X intentionally
(52) X died at work, so the family claimed death benefits. Later on, investigations ensued and pushed Y, and Y suffered injuries. Is it compensable?
showed that the employer was negligence in ensuring safety for the employees.
Otherwise, he would have not died. May the heirs still file for damages? NO. Not work-related.
(53) X, a security guard of San Beda, celebrated his birthday inside the campus. Everyone had (64) X and Y are co-workers – sale agents. Y stole X’s client account. X pushed Y on fire exit.
1 bottle of beer. X had an altercation with Y, Y took his ice pick and stabbed him. Are the Is it compensable?
injuries sustained by X compensable?
YES. Assault arising from quarrel over work assignment was held to be compensable. Because the quarrel
(54) X, a seafarer, was on board. They had a party. He had 6-7 bottles of beer. The Captain rooted from their employment.
th
asked him to stop drinking. When X had his 12 bottle, he re-enacted Titanic, so he
jumped off. Is that compensable? (65) Rules on Earthquake
No. This case is of intoxication, which limits the liability of the employer. (Mabuhay Shipping v. NLRC, p. GR: Employer is not responsible in cases of force majeure/Act of God
587.) XPN: Positional/Local Risk
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1. If employee Is exposed to peculiar damage from elements and is exposed more compared to occupation for a continuous period
others of NOT exceeding 120 days,
2. Arising out of or in the course of employment. (required to be at that area) except when such disability still
requires medical treatment beyond
(66) What is a disability 120 days but not to exceed 240
days.
Loss or reduction in earning capacity caused by a loss or impairment of the normal functions of the
employee's physical and/or mental faculties as a result of an injury or disease. It is compensable if it still requires
medical attendance after 120 days
(67) If awarded, what is being compensated? but not after 240 days.
THE LOSS OF EARNING, not the loss of the anatomical function of the body part. (69) What is the 120 and 240 day rule
a. The employee's actual loss of income from the usual occupation
b. The capacity to engage in any other gainful occupation because of impairment It is the period to gauge what type of disability the employee has incurred, in connection with the
compensation to be given.
(68) 3 categories of disability
st
(70) On the 241 day, there still had been no findings?
PTD – Permanent Total Disability (Art. 198)
Permanent - inability of a worker to Injuries The latter shall be deemed to be totally and permanently disabled.
perform his job for more than 120 • Complete loss of sight of both eyes
days regardless of whether or not • Loss of two limbs at one or above • What if he is under rehabilitation?
he loses the use of any parts of his the ankle or wrist
body. • Permanent complete paralysis of If beyond 240 days, what he is entitled to are Medical Benefits, and no longer the disability benefits.
two limbs
Total disability – disablement of an • Brain injury resulting in incurable (71) If left arm was cut off, do we still apply the 120 & 240 rule?
employee to earn wages in the imbecility, insanity or other
same kind of work, or work of a irreversible conditions (72) Loss of sensation of lower limbs?
similar nature that he was trained
for, or accustomed to perform, or Permanent Total Disability.
any kind of work which a person of
his mentality and attainment could a. He cannot work, so he found another employment (as singer). Is it permanent?
do. Is he still entitled to receive even if he is engaged in gainful employment?
Inability to perform an The covered employee shall continue to receive the benefits provided thereunder even if he is
occupation for a continuous gainfully employees and receiving his wages.
period exceeding 240 days.
PPD – Permanent Partial Disability (Art. 199) a) What if he was under the same company?
Occurs when an employee loses Complete and permanent loss of the use
the use of any particular anatomical of: (73) Assuming the injuries are compensated. Can they claim for other benefits?
part of his body which disables him a) One of the
to continue with his former work fingers YES.
b) Any toe
Employee loses the use of any c) One arm (74) If the system has already paid, can they still demand if the cost given was insufficient?
particular anatomical part of his d) One hand
body which disables him to e) One foot (75) What are the disability benefits?
continue with his former work. f) One leg
g) One or both Income benefit, (90% of his average daily salary credit for TTD, full amount for PTD, and full amount, in
eats relation to the months respective the injury for PPD), medical services, supplies, rehabilitation services.
h) Hearing in
one or both (76) X carries sack of rice from one place to another, and then met an accident causing his
ears right arm to be severed. What is the nature of the disability?
i) Sight of one
eye Permanent Partial Disability.
TTD – Temporary Total Disability
Temporary if as a result of the (77) X, lost his right index finger in the rice mill, is he entitled to the benefits?
injury or sickness, the employee is
unable to perform any gainful (78) If a local worker suffers disability, where shall he file?
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CHAIRPERSON – Secretary of Finance

To the GSIS/SSS, to be confirmed by the ECC. VICE CHAIRPERSON – SSS President and Chief Executive Officer
EX OFFICIO MEMBER – SOLE
(79) What about an OFW? MEMBERS – 6 appointive
3 members of the worker’s group (1 is woman)
Art. 175. Sea-based OFWs, and OFWs who are paying SSS. 3 members of the employer’s group (1 is woman)
(80) Can the OFW Claim from their employer and at the same time from the System? 2. What are the powers of SSS? Sec.4(A) and (B)
YES, simultaneous recovery may be made COMMISSION:

i. Formulate rules and regulations;
(81) If OFWs claim benefits from a foreign employer through a CBA, may they still claim ii. Establish Provident Fund for members which will consist of Er/Ee/Self-employed’s
benefits here? Wouldn’t there be double recovery? contributions
iii. Maintain a Provident Fund which will consist of SSS officials’ and employees’
(82) Are the benefits from SSS/GSIS and SIF the same? earnings
iv. Conduct actuarial studies to determine the financial conditions
No. v. Approve restructuring proposals for payment of due but unremitted contributions
and unpaid loan amortizations
(83) Can the employee choose the physician and/or a hospital? vi. Authorize Cooperatives to act as Collecting agents with respect to their members
vii. Penalize
(84) What if the physician he chooses is not accredited by the System? viii. Implement the rate of contribution
ix. To develop a special social security program, for workers with unique geographic
Art. 192. The System shall not be liable for compensation for any aggravation of the employee’s injury or conditions
sickness resulting from unauthorized changes by the employee x. Approve, confirm or pass upon review of all actions of SSS
(85) Is there a prescriptive period in claiming benefits before either System? Reckoned from SSS:
when? 1. Submit a valuation report
2. Establish SSS offices to cover provinces
Sec. 6, Rule VII, IRR on Health, Safety and Welfare Benefits – three years from the time the cause of 3. Enter into agreements for such service and aid
action accrued. 4. Adopt and approve budget reports
5. Set up accounting system
(86) What is the purpose of Drug Testing? 6. Require reports
7. Acquire, develop and dispose of property
To ensure the health and welfare of the workers. 8. To expropriate
9. To enter into agreement w GSIS for the transfer of members
Random drug-testing may be done, and the expenses of which must be shouldered by the employer. 10. To sue and be sued in court.
Screening Testing - determines the positive result and type of drug used 3. How does the SSS settle disputes? (Sec. 5)
Confirmatory Testing – confirms a positive screen testing
When the SSS takes cognizance of the case and evidence submitted, they shall have a mandatory
(87) X is applying as a nurse at St. Luke’s. May the employer require HIV testing? period to decide for 20 days.
NO, as compulsory HIV testing is unlawful and deemed to intrude the right of privacy. However, a voluntary 4. What are the remedies? (Sec. 5)
or consented testing is allowed. b) APPEAL
c) COURT REVIEW – after all remedies have been exhausted
(88) Under the LC, what is the average monthly salary credit? d) WRIT OF EXECUTION
(89) Why is there a need to determine such? 5. SSS rendered a decision of no entitlement to benefits, on the ground that the contribution
required was lacking. Is there an appeal? Appeal under what rule in the ROC?
Sec. 5, Rule 43 (Appeal to Quasi-Judicial Bodies), or Rule 45 (Appeal by Certiorari), as the case may be.
SSS Law
Laws: R.A. 11199, R.A. 11128
• What is the reglementary period?
Frequently Asked Cases: Dalusong v. Eagle, SSS v. Azcote, Signey v. SSS, SSS v. Favila, Mendoza v.
People
15 days from notice of judgement
1. Composition of SS Commission
6. What is the average monthly salary credit?
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10. Can an alien avail of SSS benefits?

It is the computation bases on the contributions provided for by this act.
YES, provided he has an Alien Employment permit
YEAR RATE SHARE SALARY CREDIT
ER EE MIN MAX SSS may pay benefits without regard to nationality or country of residence. It also implies that a
2019 12% 8% 4% P2,000 P20,000 national of a foreign country can receive SSS benefits as long as his or her country is recognized by
2020 12% 8% 4% P2,000 P20,000 the Philippines and is also extending benefits to Filipino beneficiaries in the Philippines.
2021 13% 8.5% 4.5% P3,000 P25,000
2022 13% 8.5% 4.5% P3,000 P25,000 • Reciprocity Requirement (Sec. 8(h), par. 3)
2023 14% 9.5% 4.5% P4,000 P30,000
Reciprocity, which is fundamental to all social security agreements, means that each country
2024 14% 9.5% 4.5% P4,000 P30,000
which is a party to an agreement undertakes to apply the same mechanisms as every other
2025 15% 10% 5% P5,000 P35,000
party to make its social security benefits more accessible to migrant workers. Reciprocity also
means that there is a reasonable degree of comparability in the obligations that each party
Average Monthly Salary credit:
assumes as a result of an agreement.
Dividing the sum of the last sixty (60) monthly salary credits immediately preceding the semester of
11. Is he compulsory or voluntary?
contingency by sixty (60),
It depends on the character of his employment.
or the result obtained by dividing the sum of all the monthly salary credits paid prior to the semester
of contingency by the number of monthly contributions paid in the same period.
12. Can an OFW avail?
Provided, that the injury or sickness which caused the disability shall be deemed as the permanent
Yes.
disability for the purpose of computing the average monthly salary credit.
• Who pays the premium of land-based? Since it is provided for by law that land-based
7. Who are the compulsory members of the SSS? Sec. 9, 9(A), 9(B).
OFWs shall be considered in the same manner as self-employed persons, he shall borne the
payment of his premium
[ All employees, including kasambahays not over 60 years of age and their employers. Provided,
• Who pays the premium of sea-based? Employer
any benefit being enjoyed prior this Act shall not be discontinued.
• How will he receive the benefits? Payment-thru-Bank scheme
[ Spouses who devote full time to managing the household and family affairs, and is not
employed
13. Mr. X was caught stealing so the contract was validly terminated. What is the effect of
separation to the contribution of payment of employer? Sec. 11
SELF-EMPLOYED:
[ Partners and single proprietors of business
His employer’s contribution on his account and his obligation to pay contributions arising from the
[ Actors and Actresses, directors, scriptwriters
employment shall cease at the end of the month of separation. But he shall be credited with all
[ Professional athletes, trainers and coaches
contributions paid in his behalf, and still entitled to benefits.
[ Individual farmers and fishermen
However, he may still continue to pay the total contributions to maintain his right to full benefit.
OFW:
[ Land based and sea-based, under R.A. 8042
14. What is self-employed?
[ Manning agencies
[ DFA and DOLE, and its agencies involved in deploying OFWs
In the eyes of the SSS law, he is both the employee and the employer.
8. Who are the voluntary members of the SSS?
15. What if Dentist was not able to pay as he was caught in an accident. He wasn’t able to
work for 3 months. Is he required to pay? Sec. 11-A
Spouses who devote full time to managing the household and family affairs, but is engage in other
employment.
Self-employed and voluntary members may pay their monthly contributions prospectively or in
advance, but never retroactively to cover month/s when no contribution payments were remitted.
Under the old law, R.A. 8282, OFWs are voluntary members
16. Mr. X, OFW but became an immigrant. Allowed?
9. When does an employee become a member of the SSS? Sec. 10
Yes. Basically, a Filipino immigrant is still a Filipino citizen. Citizenship Retention and Reacquisition
Employer – first day of operations Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another
Employee – on the first day of his employment country shall be deemed not to have lost their Philippine citizenship.
Self-employed – on the day of his registration with the SSS
Domestic helper – after rendering one month of service There are already many Filipinos who have been naturalized citizens of other countries that have
been receiving their Philippine SSS pensions monthly. Filipino pensioners abroad have been filing
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their Annual Confirmation of Pensioner’s (ACOP) Form every year on their birthday month. Many (a) The illegitimate child is entitled to 50% of the share of the legitimate child; and if there is
have been using Visa debit cards to receive their SSS pension monthly. Recently, it’s Chinatrust (now no legitimate child, the illegitimate, the adopted and legitimated shall be entitled to 100%
CTBC Philippines) that has been issuing Visa debit cash cards for SSS pension withdrawals abroad. of the share.
17. Is he compulsory or voluntary? 23. Minimum age requirement?
Voluntary. SEC. 9-B. Compulsory Coverage of Overseas Filipino Workers (OFWs) Under the Working Child Law, a child below the age of 15 employed is considered a working child. It
(g) Filipino permanent migrants, including Filipino immigrants, permanent residents and naturalized is a requirement however that his participation is indispensable in local entertainment, etc. As an
citizens of their host countries may be covered by the SSS on a voluntary basis. employee, the child is entitled to be covered by the SSS.
18. Who are dependents under R.A.11199? 24. Age limitation?
i. Legal spouse No minimum age requirement as long as the child is a working child. For an employee, he must be at
ii. Legitimate, legitimated, legally adopted, and illegitimate child who: most, 60 years old.
1. is unmarried, not gainfully employed and has not reached 21 years of
2 2
age, or 25. Benefits (D FM PRS)
2. is 21 but is permanently incapacitated, or incapable of self-support
iii. The parent receiving regular support from the member. Death
Dependent Pension
19. What if parents are 60 years old and having a sari-sari store business? Can they be Funeral Benefits
considered dependent? Maternity
Monthly Pensions
NO? The word dependent means as one who derives his/her main support from another, relying on, Permanent Disability Benefit
or not able to exists or sustain without the aid of someone else. Retirement
Sickness
20. Who are the beneficiaries?
26. SICKNESS BENEFITS (Sec. 14)
PRIMARY SECONDARY • Requirements
à Dependent spouse until she remarries à Dependent parents
à Dependent legitimate, legitimated, à Any other person designated by the i. Unable to work due to sickness or injury and confined either in a hospital or at home
adopted or illegitimate children. member for AT LEAST 4 DAYS.
PROVIDED, illegitimate children shall be ii. AT LEAST 3 months contributions paid within the 12 month period immediately
entitled to 50% of the share of legitimate, before the semester of sickness
legitimated and adopted children, and iii. ALL company sick leaves have been used up
PROVIDED, if there is no legitimate, iv. Employer has been notified.
legitimated and adopted children,
illegitimate shall receive 100% • Notification requirement
21. Is the mistress a dependent or beneficiary? Within 5 calendar days after sickness or injury. The employer, in turn, must notify the SSS
within 5 calendar days after the receipt thereof.
The mistress may not be considered as a dependent under the law, but may be considered as a
secondary beneficiary. • X suffered sickness already known to the employer, is notice still required?
22. X was survived by 60 y/o spouse, has 6 legitimate children, 5 adopted children and 8 Not necessary if the sickness or injury occurred while working or within company premises.
illegitimate children. Who may claim?
If he was admitted abroad, his medical certificate shall be in English, which shall be
They may all claim, provided these conditions are met: authenticated by the Consulate.
With regard to the spouse: • If self-employed

1. That she is unmarried
2. That she dependent of support from the spouse Directly to the SSS, within 5 days after confinement.
With regard to the children: • Limitation as to the number of sickness - compensation based on number of days of
3. That they are below 21 years old and not yet gainfully employed; or confinement, not per ailment?
4. That they are above 21 AND permanently incapacitated or incapable of self-support
Maximum of 120 days in one calendar year.
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• But what if the company has sick leaves, tapos nakaipon siya ng 10 days, pwede SEC 2. AMOUNT OF FUNERAL BENEFIT. – The funeral benefit is equivalent to the
pa ba mag-avail under the system? following amounts paid either in cash or in kind, depending on the date of contingency and
may be adjusted as may be determined by the Commission: [Sec 13-B]
No, he must use up his sick leaves first. (1) P12,000.00, effective May 24, 1997;
(2) P15,000.00, effective September 1, 1998;
• Effect if ER failed to notify SSS? Sec. 14-d (3) P20,000.00, effective September 1, 2000; or
(4) A variable amount ranging from a minimum of P20,000.00 to a maximum of P40,000.00, depending
No right to recover the corresponding daily allowance he advanced to the employee. on the member's number of contributions and AMSC, effective August 1, 2015.
th
27. Does the system pay directly the sickness benefit or is it advanced by the employer 30. Mr. X died at his 15 day of employment. Is he already a member? Is his family entitled to
the benefit?
The payment of the daily sickness allowance is advanced by the employer every regular payday.
The SSS will then reimburse the employer of the amount legally advanced upon receipt of Yes.
satisfactory proof of such payment and legality thereof.
31. Death benefit v. Funeral Grant
The SSS will reimburse the employer only for confinements within the one-year period immediately
preceding the date the claim for benefit or reimbursement is received by the SSS, except for DEATH FUNERAL
confinements in hospital. Given to the beneficiary Given to whoever has paid for the funeral
expenses
28. Are there exceptions for the reimbursement of the SSS to the employer? What are the Must have paid at least 36 monthly No necessary minimum contribution
sanctions? contributions
Any employer who has failed to remit the same to the employee, wholly or partially, is guilty of
misappropriation of funds, and shall suffer a fine from PHP 5,000 to PHP 20,000 or jailed for at least 32. DEATH BENEFITS
six years.
SEC. 13. Death Benefits. - Upon the death of a member who has paid at least thirty-six (36) monthly
They must also remit all unpaid SSS contributions in addition to a 3% penalty each month, and pay contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly
the benefits of employees who die, become disabled, get sick, or reach retirement age. pension: Provided, that if he has no primary beneficiaries, his secondary beneficiaries shall be
entitled to a lump sum benefit equivalent to thirty-six (36) times the monthly pension. If he has not
Aside from the SS Law violation, a delinquent employer is also liable for the crime of Estafa because paid the required thirty-six (36) monthly contributions, his primary or secondary beneficiaries shall be
non-remittance of employees’ SSS contributions is considered a form of fraud or tantamount to entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly
misappropriation. contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.
29. FUNERAL BENEFITS – expenses for the burial expenses for of the deceased member (Sec. 13-B) 33. Rule of Death Benefits in SSS for children and spouse
How many months of contributions? The monthly death pension ranges from P1,000 to P2,400, depending on years of service. If the
member has dependent minor children, they get a pension equivalent to 10% of the member’s
For self-employed/ non-working spouse/ OFW members - the deceased SSS member must monthly pension or P250, whichever is higher. You also get a 13th-month pension every December.
have paid at least one (1) monthly contribution, for his/her beneficiaries to be entitled to the
funeral benefit. 34. DISABILITY BENEFITS (w/ dependent’s pension and supplemental allowance.)
• Contributions?
For employed members and those separated from employment - the deceased must been At least thirty-six (36) monthly contributions prior to the semester of disability, monthly pension.
reported for coverage by his/her employer, even if no contribution was paid, for his/her If less than, lump sum only.
beneficiaries to be entitled to the funeral benefit.
• PTD – How long will it last?
§ Who is entitled to receive?
Lifetime pension, however, the pension will be suspended if the pensioner recovers from the
The beneficiaries of the deceased-member disability, resumes employment, or fails to report for annual physical examination when notified
rd
by the SSS. The member may request for a domiciliary or a home visit if the disability inhibits
[ 3 person, who spend for her funeral him/her from reporting for re-examination by the SSS physician at any SSS branch office.
..or any person who has defrayed expenses for the burial. The claim for this benefit should • PTD, but upon reaching the age of 65, he applied for retirement benefit. Should SSS grant?
be supported by an official receipt of the funeral expenses issued in the name of the
claimant and the deceased member’s death certificate. The disability pension shall cease.
[ Only 2-month contribution, are beneficiaries entitled to the 12,000? • If PPD, is he entitled?
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In case of permanent partial disability, the monthly pension benefit shall be given in lump sum, primary beneficiaries as of the date of his retirement shall be entitled to receive the
if it is payable for less than 12 months. monthly pension…”
• May it be availed with retirement benefits? b. During his lifetime, can the dependent redeem the pension?
No. Yes.
• If employee already enjoys the disability benefit, is he entitled to the sickness benefit? c. Would this be in addition to the death benefit?
• X, seafarer, suffered injuries in vessel. File claims from his employer. He remembered that he No. In case of death, the disability pension shall cease.
was paying the SSS for 8 years. Can he claim disability benefits from the SSS?
Yes, employees in private companies with Social Security System (SSS) membership may 37. UNEMPLOYMENT INSURANCE, INVOLUNTARY SEPARATION – 50% IF THE AMSC (Sec. 14-
claim Employees’ Compensation (EC) benefits from SSS when suffering from work-related B)
illnesses, injuries, and deaths. ª Requirements
• Mr. X was employed by Company Y Mar. 30, on April 10, he suffered injury, can he avail the - He is not over 60 years of age
medical benefit? Is he a member of the System? - Has paid 36 month contribution, 12 months of which shall be included in the 18
months preceding the termination.
No, he is not yet entitled to the benefits. Because the minimum requirement in this case, is that - Laid off from work due to merger, reorganization, or bankruptcy of the employer. On
the member has paid at least 1 month contribution before the semester of injury the other hand, if unemployment is voluntary—resigned from work, the SSS won’t give
you unemployment benefits.
35. RETIREMENT BENEFITS – He must have been 60 and separated from employment or ceased to be ª When shall this benefit cease?
self-employed; or has reached the age of 65 (mandatory retirement).
After two months of receiving this benefit.
1. X reached 65, not able to pay 120-month contributions. Is he
entitled to monthly pension? ª X got a job after 2 months. After a year, he got separated again. Can it be
granted?
Lump sum benefit equal to the total contributions paid, or may be given the option to
continue paying contributions to complete the 120 months eligibility. No. Claiming of this benefit shall only be available once every 3 years.
2. X complied with the 120 monthly contributions, what is he 38. When an OFW suffers disability, where shall they file their claims?
entitled to receive?
With their employer or any SSS/GSIS office.
He shall receive a monthly pension for as long as he lives, and have the option to
receive his first 18 monthly pensions in lump sum. 39. X died while on vacation. Can his heirs claim death benefit from the system, even if it is
not work-related? What if drug overdose?
th
13 Month pension, payable every December.
Yes
3. Should he die, is the benefit converted to monthly pension?
40. Is it the same with the S.I.F? Pipili na lang ba siya kung saan niya iaavail yung benefit?
4. Mr. X worked for 5 years. Upon reaching the age of 60, he
retired. However, after 2 years, he obtained gainful Yes.
employment. What is the effect of this on his membership?
41. Paano pag walang contribution sa both. Can they still avail?
Suspended upon the re-employment of a retired member. However, at the age of
65, whether employed or not, he can claim of the benefit. 42. Survivorship benefits same with GSIS’ Death Benefit?
36. MONTHLY PENSION No, in SSS, the survivorship benefits are in the form of ‘dependent’s pension’ and is equivalent to
10% of what the pensioner may receive monthly from the benefit. Meanwhile, in GSIS, the surviving
a. Requirement for wife to receive pension spouse is entitled to 50% of the basic pension of the deceased member and the children, to 10%.
A dependent spouse is considered a primary beneficiary of a member of the SSS. 43. X wants to migrate and has contributed for 10 years. May he ask for a refund?
As a primary beneficiary of a retired member of the SSS, the wife is entitled to
receive the monthly pension, which is due to her husband. However, Section 12-B No, once you become a covered SSS member, you become a member for life. The contributions that
of the SSS Law explicitly states: “(d) Upon the death of the retired member, his you remit become savings for the future that will serve as basis for the granting of social security
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benefits in times of contingencies. Membership cannot be withdrawn and contributions paid cannot 1) Who are covered?
refunded.
All government employees receiving compensation who have not reached the compulsory age of
Besides, OFW or immigrants may still avail of SSS benefits retirement.
44. Effect Failure to remit All government personnel, whether elective or appointive, irrespective of status of appointment,
provided they are receiving fixed monthly compensation and have not reached the mandatory
To the Employee - the employee is still entitled to SS benefits even if the employer fails or refuses to retirement age of 65 years, are compulsorily covered as members of the GSIS and shall be required
remit the SSS contributions. to pay contributions
To the Employer - An employer who does not report temporary or provisional employees is violating 2) Minimum contribution on GSIS
the SS law.
Special Members – under a special law or charter are under schemes designated by the DBM.
The employer is liable to the employees and must: ConComm, Judiciary
ª pay the benefits of those who die, become disabled, get sick or reach retirement age;
ª pay all unpaid contributions plus a penalty of three percent per month; Regular Members
ª and be held liable for a criminal offense punishable by fine and/or imprisonment.
CONTRIBUTION PERCENTAGE BREAKDOWN
To the Self-employed Person and Voluntary Member - A self-employed person who fails to register Life Insurance Retirement
with the SSS may be subjected to fines and/or imprisoned. However, in the event the self-employed Personal/Employee 9% 2% 7%
or voluntary member does not realize earnings in a given month, payment of SSS contributions for Government/Employer 12% 2% 1%
that month is no longer required. Total 21% 4% 17%
Self-employed and voluntary members may pay their monthly contributions prospectively or in 3) Who are excluded?
advance, but never retroactively to cover month/s when no contribution payments were remitted. In
the case of the covered Non-Working Spouse, if he/she later becomes employed, self-employed or • Members of AFP
an OFW, the membership shall be reclassified accordingly as employed or self-employed or OFW.
• Members of PNP
• Members of BJMP
45. Acts penalized?
• Members of BFP
• Contractual Employees who have no employer-employee relationship with the agencies
Sec. 28 – Penal Clause
they serve
o Causing to be paid or received through misrepresentation
• Members of the Judiciary
o Receiving money/check without authority thereto
• Members of Constitutional Commissions
o Forgery or alteration with respect to materials used (stamps, coupon, ticket, books,
and other devices)
4) Job-order employees?
o Failure to comply with the provisions of the SSS Law
o Receiving funds deliverable to the SSS and misappropriating them
Not included (Contractual employees who have no Er-Ee relationship)
o An employer who after deducting a portion of the employee’s salary that fails to
remit
5) Labor Arbiters?
46. Prescription period?
Included.
20 years
6) Secretary of Labor?
47. Liability of employer under SSS law na voluntary waiver of employee na magkaron ng
Covered.
SSS. Is a voluntary waiver valid? Sec.28(I) –
i. Under the NCC, what will apply?
7) Congressman?
Article 6 of the Civil Code expressly provides that rights may be waived unless the waiver is
Covered.
contrary to law, public order, public policy, morals or good customs. The tribunal cannot see
any such violation in this case.
8) Judge?
9) Benefits?
GSIS Law
Law: R.A. 8291 Monthly pensions
Cases: GSIS v. De Leon, GSIS v. Alcaraz Separation benefits
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Involuntary separation • If the deceased member opted for immediate pension as indicated in his claim for retirement
Retirement benefits benefit, his legal heirs shall be entitled to retirement benefits equivalent to eighteen (18) months
Survivorship benefit of the basic monthly pension plus accrued pension, if any, up to the date of death of the retiree.
Life Insurance Benefits
Funeral Benefits Shall be paid to the qualified primary beneficiaries,
Shall be computed from the date of death of the retiree, subject to the filing of the claim.
*no Maternity benefits
In case the deceased member failed to indicate in his retirement option, it shall be computed as if he
10) Beneficiaries? opted for immediate pension. The proceeds of retirement benefits shall be paid and distributed to the
legal heirs in accordance with the law on succession under the Civil Code of the Philippines.
Primary
ª Legitimate spouse, until he/she re-marries, or co-habits/engages in common-law 13) SEPARATION BENEFITS? Requirements?
relationship;
ª Dependent legitimate, legally adopted or legitimated children, including illegitimate (a) Cash payment equivalent to 100% of his average monthly compensation for each year of
children, who have not reached the age of majority, or, have reached the age of majority service he paid contributions, but not less than P12,000 payable upon reaching 60 years of age
but incapacitated and incapable of self-support due to a mental or physical defect or upon separation, whichever comes later:
acquired prior to age of majority.
Provided:
Secondary (a) That the member resigns or separates from the service
• Dependent parents and, subject to the restrictions on dependent children (b) He has rendered at least 3 years of service but less than 15 years;
• Legitimate descendants.
• Cash payment equivalent to 18 times his basic monthly pension payable at the time of
11) SURVIVORSHIP BENEFITS resignation or separation,
• Old-age pension benefit equal to the basic monthly pension payable monthly for life upon
When a member or pensioner dies, the beneficiaries shall be entitled to survivorship benefits. reaching the age of 60.
Conditions: Provided, That the member resigns or separates from the service after he has rendered at least 15
years of service and is below 60 years of age at the time of resignation or separation.
That the deceased:
(i) was in the service at the time of his death; or 14) X, has worked 15 years, and before he turned 60, he resigned. May he avail?
(ii) if separated from the service, has at least 3 years of service at the time of his death and has paid
36 monthly contributions within the 5 year period immediately preceding his death; It depends. Qualify.
(iii) or has paid a total of at least one 180 monthly contributions prior to his death;
15) INVOLUNTARY SEPARATION BENEFITS
The survivorship pension shall consist of:
Unemployment benefits in the form of monthly cash payments equivalent to fifty percent (50%) of the
(1) Basic survivorship pension - 50% of the basic monthly pension; and average monthly compensation shall be paid to a permanent employee who is involuntarily
(2) Dependent children’s pension not exceeding 50% of the basic monthly pension. separated from the service due to the abolition of his office or position usually resulting
from reorganization:
12) DEATH BENEFITS
Provided, that he has been paying integrated contributions for at least 1 year prior to separation.
Implementing Rules and Regulations (IRR) of R.A. No. 8291 provides for the rules that should be applied in
case a retired member of the GSIS died while his claim for retirement benefits is being • What are the grounds – cause of dismissal – to avail of the benefits?
processed.
Abolition of Office or Position due to Reorganization
Section 20.5 thereof provides that:
• Minimum contributions?
• If the deceased member opted for a 5-year lump sum benefit as indicated in his claim for
retirement application, his legal heirs shall be entitled to a 5 lump sum benefit equivalent to 60 Has been paying integrated contributions for at least one (1) year prior to
months basic monthly pension. separation.
However, the survivorship pension to qualified primary beneficiaries, if any, shall be granted • Effect on benefit if he receives involuntary separation benefits?
after the end of the 5-year guaranteed period, but the filing of claim for survivorship benefit
should be done before the end of the 4-year prescriptive period. • If re-employed, what is the effect on contributions?
All accumulated unemployment benefits paid to the employee during his entire
membership with the GSIS shall be deducted from voluntary separation benefits.
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• How do you compute the creditable years of service? In case of employment if (a) If the permanent disability is total, he shall receive a monthly income benefit for life equal to the
resigned/retired prior? basic monthly pension effective from the date of disability:
Provided, That:
1 year but less than 3 years 2 months (1) he is in the service at the time of disability; or
3 or more years but less than 6 years 3 months (2) if separated from the service, he has paid at least 36 monthly contributions within the 5 year
6 or more years but less than 9 years 4 months period immediately preceding his disability, or has paid at least 180 monthly contributions, prior to his
9 or more years but less than 11 years 5 months disability;
11 or more years but less than 15 years 6 months (3) If at the time of disability, he was in the service and has paid a total of at least 180 monthly
contributions, in addition to the monthly income benefit, he shall receive a cash payment equivalent
16) Can separation and retirement benefits be availed of simultaneously? to 18 times his basic monthly pension.
No, as it is one of the conditions. A member cannot enjoy the monthly income benefit for permanent disability and the old-age
retirement simultaneously.
17) X was dismissed for dishonesty. May he avail of separation benefits?
(b) If a member who suffers permanent total disability does not satisfy conditions (1) and (2), but has
No. As it is not a ground for the entitlement to such rendered at least 3 years service at the time of his disability, he shall be advanced the cash payment
equivalent to 100% of his average monthly compensation for each year of service he paid
18) RETIREMENT BENEFITS contributions, but not less than P12,000 which should have been his separation benefit.
Retirement benefit shall be: Unless he has reached the minimum retirement age, disability benefit shall be suspended when:
(1) LUMP SUM - payable at the time of retirement plus an old-age pension benefit (equal to the basic (1) he is reemployed or
monthly pension payable monthly for life, starting upon expiration of the 5 year lump sum period); or (2) he recovers from disability as determined by the GSIS, whose decision shall be final and binding;
(2) CASH PAYMENT - equivalent to 18 months of his basic monthly pension plus monthly pension for or
life payable immediately with no five-year (5) guarantee. (3) he fails to present himself for medical examination when required by the GSIS.
Conditions for Entitlement (SECTION 13-A): The following disabilities shall be deemed total and permanent:
(1) Rendered at least 15 years of service; (1) complete loss of sight of both eyes;
(2) At least 60 years of age at the time of retirement; and (2) loss of two (2) limbs at or above the ankle or wrist;
(3) Not receiving a monthly pension benefit from permanent total disability. (3) permanent complete paralysis of two(2) limbs;
(4) brain injury resulting in incurable imbecility or insanity; and
• X, 12 years of service, dismissed. Will it affect GSIS membership? May he still (5) such other cases as may be determined by the GSIS.
contribute?
PERMANENT PARTIAL DISABILITY BENEFITS (Sec. 17)
He is considered an Inactive Member – someone who has been separated from
service by reason of resignation, retirement, disability or dismissal. He shall receive a cash payment in accordance with a schedule of disabilities to be prescribed by the
GSIS: Provided, that he satisfies either of these conditions
A member separated from the service shall continue to be a member and shall be (1) he is in the service at the time of disability; or
entitled to whatever benefits he has qualified. (2) if separated from the service, he has paid at least 36 monthly contributions within the 5 year
period immediately preceding his disability, or has paid at least 180 monthly contributions, prior to his
• May an inactive member be allowed to avail benefits? disability;
Yes. Provided that the contingency is compensable. The following disabilities shall be deemed permanent and partial:
(1) complete and permanent loss of the use of:
19) X is already enjoying disability benefit, filed for retirement at 60 y/o. Should GSIS grant? (i) any finger
Not wholly entitled to the retirement? (ii) any toe
(iii) one arm
No, he is not entitled if he is receiving PERMANENT TOTAL DISABILITY BENEFITS. However, if he (iv) one hand
is only suffering from PPD and TTD, he may be allowed. (v) one foot
(vi) one leg
20) DISABILITY BENEFITS? (vii) one or both ears
(viii) hearing of one or both ears
A member who suffers permanent disability for reasons not due to his grave misconduct, notorious (ix) sight of one eye
negligence, habitual intoxication, or willful intention to kill himself or another, shall be entitled to the
benefits. (2) such other cases as may be determined by the GSIS.
PERMANENT DISABILITY BENEFITS (SECTION 16) TEMPORARY DISABILITY BENEFITS (SECTION 18.)
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Under this law, retirees may combine their years of service in the private sector represented by
Entitlement to 75% of his current daily compensation for each day or fraction thereof of temporary contributions to the SSS with their government service and contributions to the GSIS to satisfy the
disability benefit not exceeding 120 days in 1 calendar year after exhausting all his sick leave credits required years of service under PD 1146 and RA 8291.
and collective bargaining agreement sick leave benefits, if any, but not earlier than the fourth day of
his temporary total disability. However, if retirees have already satisfied the required years of service under the GSIS/SSS
retirement option they have chosen, they would not be allowed to incorporate their contributions to
CONDITIONS: the SSS anymore for availment of additional benefits.
(1) he is in the service at the time of his disability; or
(2) if separated, he has rendered at least 3 years of service and has paid at least 6 monthly In case of death, disability and old age, the periods of creditable services or contributions to the SSS
contributions in the 12 month period immediately preceding his disability. and GSIS shall be added to entitle retirees to receive the benefits under either PD 1146 or RA 8291.
A member cannot enjoy the temporary total disability benefit and sick leave pay simultaneously If qualified under RA 8291, all the benefits shall apply EXCEPT the cash payment. The Portability
Law provides that only benefits common to both Systems (GSIS and SSS) shall be paid.
If the disability requires more extensive treatment that lasts beyond 120 days, the payment of the Cash payment is NOT included in the benefits provided by the SSS.
temporary total disability benefit may be extended by the GSIS but not to exceed 240 days.
(2) What are the limitations?
The temporary total disability benefit shall not be less than P70.00/day.
He cannot avail of LPL:
NON-SCHEDULED DISABILITY (Sec. 19)
For injuries or illnesses resulting in a disability not listed in the schedule of partial/total disability, as i. If he is eligible in any system;
provided herein, the GSIS shall determine the nature of the disability and the corresponding benefits ii. If such benefit is not common to both systems;
therefor. iii. More than once per benefit.
21) FUNERAL BENEFITS? (3) What is portability?
Shall not be less than P12,000.00 and shall be increased to at least P18,000.00 after 5 years. It is the transfer of funds for the account and benefit of a worker who transfer from one system to
another.
It shall be paid upon the death of:
(a) an active member; (4) What is totalization?
(b) a member who has been separated from the service, but who may be entitled to future benefit
pursuant to Section 4 of this Act; or Refers to the process of adding up the period of creditable services or contributions under each of the
(c) a pensioner, as defined in Section 2(o) of this Act; or Systems, for purposes of eligibility and computation of benefits.
(d) a retiree who at the time of his retirement was of pensionable age under this Act but who opted to
retire under Republic Act No. 1616. (5) What are the creditable services?
22) LIFE INSURANCE BENEFITS (Sec. 24) For the public sector, the following shall be considered creditable services:
1. All previous services rendered by an official/employee pursuant to an appointment
All employees except for Members of the AFP and PNP shall be compulsorily covered with life whether permanent, provisional or temporary.
insurance, which shall automatically take effect as follows: 2. All previous services rendered by an official/employee pursuant to a duly approved
(1) for those employed after the effectivity of this Act, their insurance shall take effect on the date of appointment to a position in the Civil Service with compensation or salary
their employment; 3. The period during which an official/employee was on authorized sick leave of
(2) for those whose insurance will mature after the effectivity of this Act, their insurance shall be absence without pay not exceeding one year;
deemed renewed on the day following the maturity or expiry date of their insurance; 4. The period during which an official or employee was out of the service as a result of
(3) for those without any life insurance as of the effectivity of this Act, their insurance shall take effect illegal termination of his service as finally decided by the proper authorities; and
following said effectivity. 5. All previous services with compensation or salary rendered by elective officials.
(6) How often can employee avail of the provisions of LPL?

LIMITED PORTABILITY LAW
Once for every benefit.
Law: R.A. 7699 and its IRR
(7) X worked 3 years in public, and then, he transferred to private. Upon reaching 7
(1) What is Limited Portability Law?
years, he reached the age of retirement. Can he avail of the LPL?
LPL is designed for retirees who do not meet the required number of years provided under SSS Law
(8) X worked in private for 6 years, then transferred to public service and served there
and GSIS Law. They may still avail themselves of retirement and other benefits.
for 8 years. Can he apply for the benefits under the Portability Law?
Yes.
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a. How much will he receive from GSIS – Only a lump sum of his retirement à Household Help
benefits/or whatever benefits correspond to his or her contribution in either or both à Family Drivers
Systems, considering that he has only been in service for 14 years in total.
INFORMAL MEMBERS
b. When will totalization apply?
Ø Migrant Workers
i. When he is not qualified in both systems; Ø Informal Sector
ii. When he is not qualified in SSS Ø Self-Earning Individuals
iii. When he is not qualified in GSIS Ø Non-working Spouses
Ø Dual Citizens
(9) Ms. X, employed in the private sector for 6 years. 2 months before her child birth, Ø Naturalized Filipinos
she was appointed into public office. Can she avail of the LPL? Ø Citizens of countries working and or residing in the Philippines
Ø Indigent
No, because totalization will only apply to benefits that are the same in both systems. These are: Ø Sponsored Member
• old-age benefit Ø Lifetime Member
• disability § Retirees from GSIS
• survivorship § Retirees/Pensioners from the Private sector
• sickness § Uniformed Members of AFP, PNP, BJMP, BFP
• medical § Has reached the age of retirement
a. Can she avail the maternity leave grant under SSS although she is now a
member of the GSIS? 2. Voluntary members?
YES. Provided, Migrant Worker

(1) She has paid at least three monthly contributions within the 12-month period Working Informal Sector
immediately preceding the semester of her childbirth or miscarriage. Dual Citizens
(2) She has given the required notification of her pregnancy to SSS through her Naturalized Filipino Citizen
employer if employed; or submitted the maternity notification directly to the SSS if Self-earning citizens
separated from employment, a voluntary or self-employed member. Ex-pats
(10) X, 61, was a Labor Arbiter. He was hired again as a consultant. Would that entitle 3. Compulsory Members?
him to the retirement benefits?
Senior citizens
(11) X, 65, is a government retiree. He served for 6 years. He decided to resign, but after Indigents
3 years, he re-applied for the same position. Does he have the same benefit? Life time Members
Yes. The last three years of service need not be continuous. 4. Who pays for the Premiums?
(12) Reckoning period for the determination of the retirement pay? Formal Sector Equally by the employee and
employer, not exceeding 5% of their
Date when members have finally chosen to retire or upon choosing the compulsory retirement Seasonally employed – must continue monthly salaries
age, whichever comes first. payments to ensure entitlement
Kasambahay Solely by the employer,
EXCEPT her salary is P5,000 above,
then proportionate share
PhilHealth Law
OFW By the member, based on the
Law: R.A. 10606 and its IRR
household earnings
1. Who are covered in PhilHealth? Indigent Fully subsidized by the National
Government
FORMAL MEMBERS PWD* new law (R.A. 11228 IF FORMAL, by the national gov’t and
à Government Employees – whether regular, casual or contractual the employers;
à Private Employees If INFORMAL, by DSWD.
o Corporations, partnership, single proprietorship Sponsored
o Foreign Employees Informal sector who do not qualify for LGUs through cost-sharing
o Foreign business hiring Filipinos, provided there is an agreement full subsidy mechanisms
à Those who render services, whether in private or government, such as job-orders Orphans, abandoned and abused DSWD
à Owners of Micro-enterprises, Small, Medium, Large Enterprises minors, out-of-school youth, street
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children, battered woman 10. X, contributed from January to March. The company invoked valid suspension of payment
Barangay health workers, nutrition LGUs concerned from April – June because they were experiencing financial losses. On July, he had been
scholars, barangay tanods sick. May he avail?
Un-enrolled women about to give birth Fully borne by the LGUs and/or
National Government Yes, X satisfied the minimum contribution requirement.
FOR FORMAL SECTOR: 11. X, is self-employed member from January to May. He was able to remit, but because of
losses for 4 months, he failed to do so. Can he pay in October for the missed months?
Monthly Basic Salary x 2.75 % Monthly premium
P10,000 and below P275.00 Yes, he may pay retroactively because he is considered an Informal Member, provided he has met the
P10,0001 to P39,999.99 P275.02 – P1,099.99 condition
P40,000 and above P1,100
12. Is there a need for an ID? NO. Sec. 7.
5. Can you apply even if you are not employed?
Yes, because it is also considered a Government ID. However, the absence of the ID card shall not
prejudice the right of any member to avail of benefits or medical services under the National Health
Yes, even unemployed people can benefit from the PhilHealth assistance. It is voluntary.
Insurance Program (NHIP).
6. Minimum Age Requirement?
13. Who are the dependents? (IRR)
None, the NHIP promotes mandatory coverage for all Filipino. However, once a legal
Legal spouse (non-member or membership is inactive)
dependent has reached 21, he must apply for his membership.
Child/ren – legitimate, legitimated, acknowledged and illegitimate (as appearing in birth certificate) adopted
7. Aliens?
or step below 21 years of age, unmarried and unemployed. Also covered are child/ren 21 years old or
above but suffering from congenital disability, either physical or mental, or any disability acquired that
Yes, they fall under voluntary and informal.
renders them totally dependent on the member for support.
v Is there a need for a reciprocal agreement?
Parents (non-members or membership is inactive) who are 60 years old, including stepparents (biological
parents already deceased) and adoptive parents (with adoption papers) and those below 60 who is
8. Required number of contributions to avail of the benefit? (Sec. 39)
suffering from permanent disability
Members and their dependents are entitled to avail the benefits provided that these conditions are met:
14. Mr. X, is 40 years old, and is an employee of Y company. He has a child, no spouse and
has a mother who is 60 years old and owns a sari-sari store. His mother is not a
a. Paid premium contribution for at least 3 months within the 6 months prior to the first day of
PhilHealth member. Can the mother be a dependent if she gets sick?
availment; or,
b. Paid in full the required premium for the calendar year.
Yes.
• What if the mother is suffering from PTD. Can she still be a
In addition, the member is not currently subject to legal penalty of suspension as provided for in
dependent?
Section 44 of the Act and has paid the premium with sufficient regularity.
15. How about senior citizens?
The Corporation may issue other requirements for entitlement to benefits as it deems
appropriate.
Yes, including their qualified dependents.
The following need not pay the monthly contributions to be entitled to the Program’s benefits
Senior Citizens who are gainfully employed or who remain to have regular sources of income shall continue
a. Retirees and pensioners of the SSS and GSIS prior to March 4, 1995; and,
to pay their premium contributions to PhilHealth under the applicable membership categories.
b. Members of PhilHealth who have reached the age of retirement as provided for by law, not
gainfully employed or continuing their practice as professional and have met the required
o When can they avail of the benefits?
premium contributions of at least 120 months.
In hospitals with installed HCI Portal, Senior Citizens only need to present their
9. Does PhilHealth accept retroactive payments as contributions?
senior citizen card, MDR or any accepted proof of identity and age. The
Hospital shall print a PhilHealth Benefit Eligibility Form (PBEF). A PBEF that says
Retroactive payment of premium contributions may be allowed ONLY if members have been able to
“YES” means that the patient is entitled to the benefits and shall serve as a basis for
establish 9 consecutive months of premium contributions prior to the missed quarter. The said retroactive
automatic deduction.
payment may be counted as qualifying contributions if paid prior to the first day of confinement.
In case the hospital has no HCI portal installed, or the PBEF says “NO”, or the
senior citizen was not able to enroll before discharge, the following should be
attached to the usual claim documents:
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
EXCEPTIONS:
a. duly accomplished PhilHealth Member Registration Form (PMRF); and
b. an acceptable proof of status as a senior citizen, including but not limited to the - Fifth and subsequent normal obstetrical deliveries
Senior Citizens' Identification Card. - Non-prescription drugs & devices
- Alcohol abuse or dependency treatment
o Is it necessary to present an ID? - Cosmetic Surgery Optometric Services
- Cost-ineffective procedures that shall be defined by PhilHealth
Yes, only to show the identity and age. But not the PhilHealth ID.
18. If there is a difference between abroad price and local price, how do you settle? (Sec. 41)
16. What are the benefits that can be derived? Sec. 37
The benefit shall be paid in the equivalent local base rate based on Level 3 hospital category.
Members and their dependents are entitled to the following minimum services, subject to the limitations
specified in the Act and as may be determined by the Corporation: • Entire price? Sec. 41(2)
a. In-patient care:
o Room and board; 19. Mr. X, a member, died in a fatal car crash. His 5 dependents got injured too. Can they
o Services of health care professionals; avail of the benefits?
o Diagnostic, laboratory, and other medical examination services;
o Use of surgical or medical equipment and facilities; 20. Is the availment always through reimbursement? No automatic discounts?
o Prescription drugs and biologicals, subject to the limitations of the Act; and,
o Health Education. But aside from filing for the reimbursement, an OFW PhilHealth member may avail his benefit through
outright/automatic deduction from hospital bills. During the confinement, submit the following documents to
b. Out-patient medical and surgical care: the hospital: PhilHealth Claim Form 1 accomplished and signed by the member or its immediate family
- Services of health care professionals; member; Photocopy of MDR or latest receipt and other supporting document if the patient is not yet
- Diagnostic, laboratory and other medical services; reflected as dependent in the MDR.
- Personal preventive services;
- Prescription drugs and biologicals, subject to the limitations of the Act; and, 21. What are excluded?
- Health Education.
No. It does not cover expenses for the following services:
c. Emergency and transfer services;
a. Non-prescription drugs and devices;
d. Health Education Packages; and, b. Alcohol abuse or dependency treatment;
c. Cosmetic surgery;
e. Such other health care services that the Corporation and the DOH shall determine to be appropriate and d. Optometric surgery;
cost-effective. e. Fifth and subsequent normal obstetrical deliveries;
f. Cost-ineffective procedure, which shall be defined by the PhilHealth
These services and packages shall be reviewed annually to determine its financial sustainability and g. Outpatient psychotherapy and counseling for mental disorders
relevance to health innovations, with the end in view of quality assurance, increased benefits and reduced h. Home and rehabilitation services
out-of-pocket expenditure. Such review shall include actuarial studies.
22. Botox treatment? No, it is cosmetic
17. Can they enjoy it for medical procedures abroad? 23. Acne treatment? No, considered cosmetic
24. Is oral prophylaxis covered? PhilHealth only covers dental procedures done in hospitals.
Yes, confinement due to sickness or for an operation while abroad is still covered by member's 25. Dentures? As of now, no.
compensation. 26. New eyeglasses? No.
27. Chemotherapy? Yes. It is one covered as Z case rate, a catastrophic illness
Reimbursement may be filed within a grace period of 180 days or 6 months at any PhilHealth local office 28. Childbirth? Yes. But only upto 4 births and miscarriages.
through the member's authorized representative. 29. Lasik treatment? No longer covered. Suspended.
30. Medicine? Painkillers? Only if prescribed.
Documents needed to claim the reimbursement are the following:
a. Fully accomplished PhilHealth Claim Form, duly signed by the member or his authorized
UNIVERSAL HEALTH CARE LAW
representative;
Law: R.A. 11223
b. Photocopy of MDR or latest receipt;
c. Medical certificate with complete diagnosis, period of confinement and services rendered;
1) Who are covered? Is it the same with PhilHealth?
(should be in English)
d. Statement of Account and/or Official Receipts with itemized charges; and other supporting
Sec. 5 and Sec. 6, All Filipinos.
documents (should be in English).
2) Different categories under UHCA?
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b. Employees who are subject to mandatory coverage by the GSIS,

UHC Bill aims to simplify the groups by only having two types of membership:
contributory/formal and non-contributory/non-formal. There will be no more c. Uniformed members of the AFP, BFP, BJMP, and PNP.
segmentation based on the type of work. For instance, there is no distinction between
employees in the public and private sector anymore. d. Filipinos employed by foreign-based employers. Coverage under the Fund shall be mandatory for Filipinos
employed by foreign-based employers whether deployed here or abroad, or a combination thereof, but whose
3) Are the members required to pay for premium? respective employers are exclusively based outside of the Philippines.
All Filipino citizens are eligible for the program, though members can be either direct or indirect. Mandatory Coverage of Employers
Direct membership requires the payment of health premiums, while indirect membership
does not and will be given to senior citizens and indigents. a. Employers of employees compulsorily covered by the SSS.
b. Employers of employees subject of mandatory coverage by the GSIS.
4) Indigent, obliged to pay? c. The AFP, BFP, BJMP, and PNP.
5) How do they become a member? The moment a child is birthed, she is already Voluntary Coverage
covered?
Persons who are at least eighteen (18) years old but not more than sixty five (65) years old and are not subject to
6) Is there a provision for free medicines? mandatory coverage may be covered by the Fund on a voluntary basis
- Spouses who devote full time to managing the household and family affairs, unless they also
engage in another vocation or employment, which is subject to mandatory coverage.
PAG-IBIG LAW - Filipino employees of foreign government or international organization
Law: R.A. 9679 and its IRR - Employees of an employer who is granted a waiver or suspension of coverage by the Fund
- Leaders and members of religious groups;
1. What is PAG-IBIG Law? Sec. 1, Rule II - A member separated from employment, local or abroad, or ceased to be self-employed, but
would like to continue paying his or her personal contribution.
Nationwide sound and viable tax-exempt mutual provident savings system suitable to the needs of the - Public officials or employees who are not covered by the GSIS, such as Barangay Officials,
employed and other earning groups including Barangay Chairmen, Barangay Council Members, Chairmen of Sangguniang
Kabataan, and Barangay Secretaries and Treasurers.
To motivate them to better plan and provide for their housing needs, by membership in the Home - Such other earning groups as may be determined by the Board by rules and regulations.
Development Mutual Fund, with mandatory contributory support of the employers in the spirit of social
justice and the pursuit of national development. a) Barangay Official? Voluntary
b) SK member? Voluntary
2. Members? c) Below 18 years? Qualified? No.
d) What if the Kasambahay is just 15, is she covered?
Mandatory Coverage and Membership of Employees. e) What if a child actor, below 15, is he covered?
a. Employees who are compulsorily covered by the SSS 3. Benefits
Ø A Private employee, whether permanent, temporary or provisional, who is not Housing loans
over 60 years old. Housing programs
Ø A household-helper earning at least P1,000 a month. Short-term loans
Ø A Filipino seafarer upon the signing of the standard contract of employment Provident savings
between the seafarer and the manning agency which, together with the
foreign shipowner, act as employers. 4. Membership Term?
Ø A self-employed person, regardless of trade, business or occupation, with an
income of at least P1,000 a month and not over 60 years old. This includes, Employer - first day of his business operation
but not limited to; self-employed professionals; business partners, single Employee - on the date of his or her employment
proprietors and board directors; actors, actresses, directors, scriptwriters and
news reporters who are not under an employer-employee relationship; Employees and employers who are not subject of mandatory coverage prior shall take effect
professional athletes, coaches, trainers and jockeys; farmers and fisherfolks; on January 1, 2010, unless a different date is set by the Board by resolution
and workers in the informal sector such as cigarette vendors, watch-your-car Employers whose coverage had been previously suspended or waived shall take effect after
boys, among others. the expiration of their respective suspension or waiver of coverage
Provided finally, that actual membership in the SSS shall not be a condition precedent for mandatory coverage in Voluntary members, coverage shall commence on the actual date of registration
the Fund, it being sufficient that the person ought to be covered compulsorily by the SSS.
Finally, that actual membership in the Fund shall commence only upon remittance of the initial contribution
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and not at point of registration.

11. What is the Provident Fund?
5. Can a member withdraw his or her membership?
The Pag-IBIG provident savings program is a fast, easy and affordable way for a member to save for his
Yes, there is an option to withdraw his or her Total Accumulated Value on the fifteenth (15th) year of future needs.
continuous membership. Provided, that said member has no outstanding housing loan with the Fund at the
time of withdrawal. The contributions that a member makes together with the employer’s counterpart are credited to his saving
called Total Accumulated Value (TAV).
This shall not be considered as a ground to terminate his membership with the Fund. The member shall
continue to be mandatorily covered by the Fund and his or her employer is mandated to continue deducting 1. A member contributing 2% of his monthly compensation doubles his savings immediately with the
and remitting the employee’s required contribution together with the corresponding employer’s contribution addition of the employer counterpart contribution.
pursuant to these Rules. 2. Meanwhile, a member contributing 1% of his monthly compensation triples his savings as the
employer counterpart remains at two percent. Aside from being fully guaranteed by the national
6. Grounds for termination of membership? Sec. 9 Rule V IRR government, members’ contributions are deducted from the gross income prior to computation of the
income tax.
Shall be terminated anytime upon the occurrence of any of the following, provided that the member’s
financial obligations with the Fund are first fully settled: Members’ savings earn annual dividends that are also tax-free. The dividend rate varies depending on the
a. Membership Term Maturity; net income of the Fund at yearend.
b. Death;
c. Retirement; 12. Housing program requirements?
d. Permanent Total Disability or Insanity; - has made at least 24 monthly savings, or a lump sum
e. Permanent departure from the country; - Gross monthly income of P17,500
f. Termination from the service by reason of health; - Not more than 65 years old, and not more than 70 years old at the time of maturity
g. Other causes as may be provided for by the Board of Trustees - Have legal capacity to acquire or encumber real property
- Have good credit standing
Occurrences other than the above, such as resignation, lay-off or suspension from employment, shall not - No PAG-IBIG housing that has been foreclosed.
constitute a ground for termination of membership. Such occurrences shall only result to suspension of
contributions. 13. X, member, calamity loan, 3 months after, he applied for a housing loan, is he eligible?
7. When does the fund mature? Yes, as long as he is updated in his payments.
When Pag-IBIG contributions have been paid for at least 20 years, equivalent to 240 monthly payments. If 14. Mr. C is a PAGIBIG member for 3 years. He wants to purchase a farm lot 700 sq.m. Half
Pag-IBIG Overseas Program (POP) member, contributions may be claimed at the end of 5, 10, 15, or 20 will be used as his dwelling place, while the other will be used for planting crops. Can he
years, depending on the option chosen during membership registration. avail of the loan?
8. X, in service for 20 years, withdrew his contributions. May he still be required to apply for No, the housing loan is only for residential house and lots.
new membership?
15. 20M peso for a 1,500 sq.m. house-and-lot. Will it be granted?
Yes.
No, only upto 6 million pesos.
In the event the member after membership termination continues or subsequently places him or herself in a
situation which would subject him or herself to mandatory coverage, then the member shall continue to be • How much is the minimum loan amount?
mandatorily covered by the Fund and his or her employer is mandated to continue deducting and remitting
the employee’s required contribution together with the corresponding employer’s contribution pursuant to 450,000 pesos
these Rules. (Rule V, Section 9, PAG-IBIG IRR)
16. X is a residential owner in a village near San Beda. He wants to improve his house.
9. X was suspended without pay, is that also suspension in payment? (Rule V, Sec. 9) Should it be granted?
Yes. Resignation, lay-off, suspension from employment, or unemployment.||| (Amended Guidelines on Pag- Yes.
nd rd
IBIG Fund Membership Termination, HDMF Circular No. 380-17) a. What if he intends the 2 and 3 floors as dormitories. May it be allowed?
10. What are the programs? 17. Mr. X wanted to avail the loan to repair the house of his mother. Can it be granted?
Housing Loan Availment Yes.

a. Developer-Assisted - the developer assists the member in his/her housing loan application and
rd
b. Retail - the member applies directly to the Fund. 18. Mr. X, obtained a housing loan for 10 years. On his 3 year, the house was destroyed due
Housing Programs to force majeure. He stopped the payment. Can he be prosecuted?
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self-support, physically or mentally; and incapable of self-support due to a

It shall be considered as loan default. (c) The parent who is receiving regular support mental or physical defect acquired
from the member. prior to age of majority; and
• Can’t they just foreclose the property? - the parents dependent upon the
member for support;
Yes. For regular Pag-IBIG Housing Loans, loan default happens when the borrower or any of
his co-borrowers fails to pay three consecutive monthly amortizations fails to pay monthly “Compensation” All actual remuneration for employment, including The basic pay or salary received by an employee,
the mandated cost-of-living allowance, as well as pursuant to his election/appointment, excluding per
membership contributions fails to comply other obligations of the loan the cash value of any remuneration paid in any diems, bonuses, overtime pay, honoraria,
medium other than cash except that part of the allowances and any other emoluments received in
In the case of Pag-IBIG Rent-to-Own units, a default happens if you fail to pay three remuneration in excess of the maximum salary addition to the basic pay which are not integrated
consecutive monthly rentals. credit as Provided under Section Eighteen of this into the basic pay under existing laws;
Act.
If the borrower defaults on a loan, the outstanding loan, accrued interest, penalties, fees and Beneficiaries Primary beneficiaries Primary beneficiaries
other charges become immediately due and demandable. Aside from that, Pag-IBIG also 1. The dependent spouse until he or she (a) The legal dependent spouse until he/she
remarries, remarries and the dependent children;
imposes that the “unpaid monthly payments shall continue to be charged with a penalty 2. the dependent legitimate, legitimated or
equivalent to 1/20 of 1% of the amount due for every day of delay.” legally adopted, and illegitimate children, Secondary beneficiaries-
Provided, That the dependent illegitimate (b) The dependent parents and,
19. Is there any penal sanction? Yes. Section 1, Rule XII children shall be entitled to fifty percent (50%) (c) Subject to the restrictions on dependent
of the share of the legitimate, legitimated or children, the legitimate descendants;
Refusal or failure to register its employees, collect and remit employee contributions as well as employer legally adopted children: Provided, further,
That in the absence of the dependent
counterparts, or the correct amount due, will subject the employer to: legitimate, legitimated children of the
a) A fine of not less, but not more than twice the amount involved; or member, his/her dependent illegitimate
b) Imprisonment of not more than 6 years; or children shall be entitled to one hundred
c) Both, in the discretion of the court. percent (100%) of the benefits.
Secondary Beneficiaries
a. the dependent parents of the member.
b. In the absence of all the foregoing, any
TABLES OF COMPARISON other person designated by the
member as his/her secondary
Table 2 - SSS v. GSIS beneficiary.
Coverage/ Compulsory: Membership in the GSIS shall be compulsory for
Membership à All employees, including kasambahays not all employees receiving compensation who have
SSS (RA 11199) GSIS (RA 8291)
over 60 years of age and their employers. not reached the compulsory retirement age (65),
Provided, any benefit being enjoyed prior this irrespective of employment status,
“Employer” Any person, natural or juridical, domestic or foreign, The national government, its political subdivisions, Act shall not be discontinued.
who carries on in the Philippines any trade, branches, agencies or instrumentalities, including à Spouses who devote full time to managing
business, industry, undertaking, or activity of any government-owned or controlled corporations, and the household and family affairs, and is not
kind and uses the services of another person who is financial institutions with original charters, the employed
under his orders as regards the employment, except constitutional commissions and the judiciary.
the Government and any of its political subdivisions, SELF-EMPLOYED:
branches or instrumentalities, including corporations (a) Partners and single proprietors of
owned or controlled by the Government: Provided, business
That a self-employed person shall be both employee (b) Actors and Actresses, directors,
and employer at the same time. scriptwriters
“Employee” Any person who performs services for an employer Any person receiving compensation while in the (c) Professional athletes, trainers and
in which either or both mental or physical efforts are service of an employer as defined herein, whether coaches
used and who receives compensation for such by election or appointment, irrespective of status of (d) Individual farmers and fishermen
services, where there is an employer-employee appointment, including barangay and Sanggunian
relationship: Provided, That a self-employed person officials; OFW:
shall be both employee and employer at the same a. Land based and sea-based, under R.A. 8042
time. b. Manning agencies
“Dependents” (a) The legal spouse entitled by law to receive - the legitimate spouse dependent for c. DFA and DOLE, and its agencies involved in
support from the member; support upon the member or deploying OFWs
(b) The legitimate, legitimated or legally adopted, pensioner;
Voluntary:
and illegitimate child who is unmarried, not - the legitimate, legitimated, legally
a. Spouses who devote full time to
gainfully employed, and has not reached adopted child, including the managing the household and family
twenty-one (21) years of age, or if over illegitimate child, who is unmarried, affairs, but is engage in other
twenty-one (21) years of age, he is not gainfully employed, not over the employment
congenitally or while still a minor has been age of majority, or is over the age of b. Employees already separated from
permanently incapacitated and incapable of majority but incapacitated and employment or those self-employed
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with no realized income for a given Who are entitled - Beneficiary (a) An active member
rd
month, who chose to continue with - Any 3 person who spent for the (b) A member who has been separated
contributions to maintain right to full funeral from the service, but who may be
benefit. entitled to future benefit
(c) a pensioner
Exclusion from v Casual Employees 1) Members of the Armed Forces of the (d) A retiree who at the time of his
Coverage v Service performed on or in connection with Philippines and the Philippine National retirement was of pensionable age
an alien vessel by an employee if he is Police, BJMP and BFP under this Act but who opted to retire
employed when such vessel is outside PH 2) Contractuals who have no employer and under a different law.
v Government employees employee relationship with the agencies they
v Temporary employees serve. DEATH BENEFITS SSS GSIS
3) Members of the judiciary and constitutional
Eligibility At least 36 monthly contributions prior to Primary beneficiaries are entitled to only one of
commissions who shall have life insurance
the semester of death the ff:
only.
st
Effective date of Employer: 1 day of operation Survivorship pension
st
coverage Employee: 1 day at work a. If he was in the service when he died; or
Self-employed: Upon registration b. Even if separated from the service, he has
Effect of When an employee under compulsory coverage is A member separated from the service shall at least 3 years of service and has paid 36
Separation from separated from employment, his employer's continue to be a member, and shall be entitled to monthly contributions within the 5 years
Employment or contribution on his account and his obligation to pay whatever benefits he has qualified to in the event of immediately preceding death; or
Service contributions arising from that employment shall any contingency compensable under this Act. c. Even if separated from the service, he has
cease at the end of the month of separation, but paid 180 monthly contributions prior to
said employee shall be credited with all contributions death.
paid on his behalf and entitled to benefits according
to the provisions of this Act. He may, however, Survivorship pension plus cash payment
continue to pay the total contributions to maintain his of 100% average monthly compensation
right to full benefit. for every year of service [essentially,
Dispute Settlement SSCà CA [Rule 43; question of law and fact]à SC GSISà CA [Rule 43] à SC [Rule 45]; appeal does pension plus total contributions made]
[Rule 45; question of law only] not stay execution a. If he was in the service when he died; and
Prescriptive period 20 yrs 4 yrs b. With 3 years of service
Cash payment equivalent to 100%

average monthly compensation for each
year of service he paid contributions or
BENEFITS 12,000, whichever is higher
1. With 3 years of service; and
2. He has failed to qualify in the prior
SICKNESS BENEFITS SSS GSIS 2 schemes.
Benefit Ranging from P1,000-P2,400/month 1. Survivorship pension, but only after the 5
Eligibility 1. Inability to work due to sickness • Employee must be:
year guaranteed period.
or injury, confined in a hospital or o In service at the time of
If he has not paid the required 36 monthly 2. If the deceased member opted for the 5-
at home for a period of 4 days disability;
contributions, beneficiaries shall be year lump sum benefit – 60 monthly
2. Have used up all sickness leaves o If separated, he has
entitled to a lump sum pensions
3. Employer had been notified within rendered at least 3 years of
• Dependent child will receive 3. If the member opted for immediate
5 calendar days after the sickness service;
10% of the pension pension – 18 monthly basic pension, up to
or injury • All sick leave credits including CBA th
• 13 month pension every the death of the retiree
sick leaves for the current year has
December 4. In case the deceased member failed to
been used up;
indicate in his retirement option, it shall be
Required Number of contributions At least 3 months paid within the 12- At least 6 monthly contributions in the 12-
computed as if he opted for immediate
month period immediately preceding the month period immediately prior to
pension.
semester of sickness disability
Limitation May not be availed of if beyond 120 Maximum of 120 days per one calendar
days per year year DISABILITY SSS GSIS
Permanent Total Disability 1. Complete loss of sight of both eyes; Accrues or arises when recovery from
Sickness confinements is 240 days for 2 2. Loss of two limbs at or above the ankle the impairment mentioned in Section
consecutive years or wrists; 2(Q) is medically remote
Amount of Benefit 90% of average salary credit 75% of the current daily compensation for 3. Permanent complete paralysis of two
everyday or fraction thereof of disability limbs; Sec. 2(Q) Disability — Any loss or
4. Brain injury resulting to incurable impairment of the normal functions of the
FUNERAL BENEFITS SSS GSIS imbecility or insanity; and physical and/or mental faculty of a
5. Such cases as determined and member which reduces or eliminates
Required Number of contributions At least 1 month contribution
approved by the SSS. his/her capacity to continue with his/her
Benefit P20,000 – P40,000, depending on the Shall not be less than P12,000.00 and
current gainful occupation or engage in
member’s contributions shall be increased to at least
any other gainful occupation
P18,000.00 after 5 years (As of 2015,
Permanent Partial Complete and permanent loss of use (1) Complete and permanent loss of the
it’s P30,000)
of/Number of Months use of:
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One thumb 10 rendered at least 15 years of service; if

One index finger 8 (i) Any finger employee has less than 15 years of
One middle finger 6 (ii) Any toe service, he may be allowed to continue in
One right finger 5 (iii) One arm accordance with Civil Service laws.
One little finger 3 (iv) One hand
One big toe 6 (v) One foot Benefit 7. Monthly pension (from P1,000) 10. 60 x [basic monthly pension] lump
One hand 39 (vi) One leg 8. 13th month pension paid every sum payment at the time of
One arm 50 (vii) One or both ears December retirement PLUS basic monthly
One foot 31 (viii) Hearing of one or both ears 9. Dependent’s pension (10% of the pension payable monthly for life
One leg 46 (ix) Sight of both eyes monthly pension) after expiry of the 5-yr guaranteed
One ear 10 period which is already covered by
Both ears 20 (2) Such other cases as my be the lump sum; OR
Hearing of one ear 10 determined by the GSIS 11. Cash payment equivalent to 18 x
Hearing of both ears 50 [basic monthly pension] PLUS
Sight of one eye 25 monthly pension for life immediately
Required Number of contributions To qualify, pensioner must have at least Exceptions: but with no 5-yr guarantee.
1-month contribution. Grave misconduct, Note: subject to periodic adjustment
Notorious negligence, Habitual
At least 36 monthly contributions prior the intoxication, or Willful intention to kill UNEMPLOYMENT SSS GSIS
semester of disability himself or another /SEPARATION
PTD/PPD Eligibility 1. He is not over 60 years of age 1. Employee separated from service
Employee is: 2. Has paid 36-month contribution, due to abolition of office or
1. In service at the time of disability; 12 months of which shall be position; and
or included in the 18 months 2. Employee has been paying
2. Even if separated, he has paid at preceding the termination. integrated contributions for at
least 36 monthly contributions 3. Laid off from work due to merger, least 1 year prior to separation.
within the 5-year period reorganization, or bankruptcy of
immediately prior to disability OR the employer. On the other hand,
has paid a total of at least 180 if unemployment is voluntary—
monthly contributions prior to resigned from work, the SSS won’t
disability; and give you unemployment benefits.
3. Member is not enjoying old-age Duration Up to 2 months only, and claiming of 2 to 6 months, depending on the
retirement benefit. such shall be once every 3 years employment schedule
Benefit • Monthly pension (from P1,000) Monthly cash payments equivalent to
TTD: shall be treated the same as • 13th month pension paid every 50% of average monthly compensation
sickness benefits* December
Duration Lifetime, except: If PTD/PPD – Lifetime, equal to the basic • Dependent’s pension (10% of the
o If the pensioner recovers, monthly pension monthly pension)
o Resumes employment, or
o Fails to report for annual physical If member is in service at the time of MATERNITY BENEFIT SSS GSIS
examination disability and he has paid at least 180
Eligibility a. Has paid 3 monthly contributions in N/A
monthly contributions, in addition to the
the 12-month period immediately
monthly income benefit, he shall receive
preceding the semester of her
an additional cash payment of 18 times
childbirth/miscarriage
basic monthly pension.
b. Had properly notified her employer
Benefit 1. Monthly pension (from P1,000)
c. For first 4 deliveries or miscarriages
2. Dependent’s pension (10% of the
Duration 60 days for regular delivery; 78 days for
pension)
caesarean
3. Monthly supplemental allowance
Benefit 100% of the average salary credit
(PHP 500)
4. Additional benefit (PHP 1,100, as
per E.O. 54) SEPARATION BENEFIT SSS GSIS
5. 13th month pension paid every Eligibility N/A 1. 60 years of age, or separated from
December service with at least 3 years but not
6. PhilHealth hospitalization benefits over 15 years served;
2. Below 60 yrs. of age, but at least 15
RETIREMENT SSS GSIS yrs. of service rendered.
Eligibility 1. 120 monthly contributions; 1. 15 years service Benefit 1. For 60 years of age or
2. 65 years old OR a member who 2. 60 years of age; and separated from service with 3-
has reached 60 years may also 3. Not receiving pension benefit 15 years of service: cash
avail if he is already separated from permanent total payment of 100% of average monthly
from employment or has ceased disability. compensation for each year of
to be self-employed. service [essentially, total amount of
Note: Retirement is compulsory for contributions], or 12,000, whichever
employees 65 years of age who have is higher
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2. Below 60 yrs. of age and at 3) When did it expire? Only until June 30, 2014 (according to R.A. 9700)
least 15 yrs. of service: cash 4) What law is being implemented now? CARPER
payment equivalent to 18x monthly
pension at the time of resignation or
4) Properties covered?
separation plus an old-age pension
benefit equal to basic monthly
pension. AGRICULTURAL LANDS ONLY.
Exceptions:
LIFE INSURANCE BENEFITS - GSIS o Residential
COMPULSORY LIFE INSURANCE o Commercial
All employees except for members of the AFP and PNP. It shall automatically take effect as follows: o Industrial
• For those employed after the effectivity of this act - on the date of their employment; o Mineral
• For those whose insurance will mature after the effectivity of this Act - shall be deemed renewed on o Forest land
the day following the maturity or expiry date of their insurance;
• For those without any life insurance as of the effectivity of this Act - shall take effect following said
5) What is an agricultural land?
effectivity.
DIVIDENDS Land devoted to agricultural activities. Those that are arable and suitable for farming.
An annual dividend may be granted to all members of the GSIS whose life insurance is in force for at least
1 year in accordance with a dividends allocation formula to be determined by the GSIS. 6) What is an agricultural activity?
OPTIONAL INSURANCE
Is the cultivation of soil, planting of crops, growing of fruit trees, harvesting of such farm products and other
A member may apply for insurance and/or pre-need coverage embracing life; health, hospitalization,
education, memorial plans, and such other plans as may be designed by the GSIS, for himself and/or his farm activities and practices performed by a farmer.
dependents. Any employer may likewise apply for group insurance coverage for its employees. The
insured or his employer and/or any person may make the payment of the premiums/installments for 7) Luz Farms v. DAR
optional insurance and pre-need products acceptable to the GSIS.
Facts: On 10 June 1988, RA 6657 was approved by the President of the Philippines, which includes,
L
among others, the raising of livestock, poultry and swine in its coverage. Petitioner Luz Farms, a
GSIS may reinsure any of its interests or part thereof with any private company or reinsurer whether
domestic of foreign: Provided, That the GSIS shall submit an annual report on its reinsurance operations to corporation engaged in the livestock and poultry business, avers that it would be adversely affected by the
the Insurance Commission. enforcement of sections 3(b), 11, 13, 16 (d), 17 and 32 of the said law. Hence, it prayed that the said law
be declared unconstitutional. The mentioned sections of the law provides, among others, the product-
Note: Judiciary and Constitutional Commissions are entitled to life insurance only. sharing plan, including those engaged in livestock and poultry business.
Luz Farms further argued that livestock or poultry raising is not similar with crop or tree
farming. That the land is not the primary resource in this undertaking and represents no more than 5% of
the total investments of commercial livestock and poultry raisers. That the land is incidental but not the
AGRARIAN LAWS principal factor or consideration in their industry. Hence, it argued that it should not be included in the
Laws: R.A. 6657 and its IRR, respective Administrative Orders coverage of RA 6657 which covers “agricultural lands”.
Cases frequently asked: Cervantes v. Miranda, Phil Veterans Bank v. CA, Rosario v. Rosario, Soriano vs.
Bravo, Luz Farms v. DAR Issue: W/N certain provisions of RA 6657 is unconstitutional for including in its definition of “Agriculture”
the livestock and poultry industry?
1) What is Agrarian Reform?
Ruling: YES. Looking into the transcript of the Constitutional Commission on the meaning of the word
The redistribution of lands, redistribution of lands, regardless of crops or fruits produces to farmers and “agriculture”, it showed that the framers never intended to include livestock and poultry industry in the
regular farmworkers. Includes the totality of factors and support services to lift the economic status of the coverage of the constitutionally mandated agrarian reform program of the government. Further,
farmers who are landless. Commissioner Tadeo pointed out that the reason why they used the term “farmworkers” rather than
“agricultural workers” in the said law is because “agricultural workers” includes the livestock and poultry
Includes: industry; hence, since they do not intend to include the latter, they used “farmworkers” to have distinction.
o Labor administration Hence, there is merit on the petitioner’s argument that the product-sharing plan applied to “corporate farms”
o Profit-sharing in the contested provisions is unreasonable for being confiscatory and violative of the due process of law.
o Stock distribution
8) Abandoned cemetery for 10 years, can it be under CARP?
2) Purpose?
Idle or abandoned land – refers to any agricultural land not cultivated, tilled, or developed to produce
To regulate relationships between landowner, agrarian worker, lessee, and tenant. any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately
prior to the receipt of notice of acquisition by the government as provided under this Act, but does not
3) When did RA 6657 take effect? June 10, 1988 include land that has become permanently or regularly devoted to non-agricultural purposes. It does not
1) Is it still controlling? include land, which has become unproductive by reason of force majeure or any other fortuitous event,
2) Which are still in effect? provided that prior to such event, such land was previously used for agricultural or economic purpose.
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16) X and Y are spouses. How much are they allowed to retain?
9) Agrarian Dispute
It depends on what property regime they have:
Refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or
otherwise, over lands devoted to agriculture, including disputed concerning farmworkers ́ associations or 1. If conjugal or absolute community - the spouses may only retain 5 hectares
representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or 2. If separation of property – the spouses can retain 5 hectares each (a total of 10 ha)
conditions of such tenurial arrangements.
17) X, land owner, 20 HA of agricultural land. Who determines?
It includes any controversy relating to compensation of lands acquired under this Act and other terms and
conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform It is the landowner who determines. Or if after 60 days of receipt of Notice of Coverage, the landowner still
beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, hasn’t submitted his choice, a Municipal Agrarian Reform Officer (MARO) will be the one to choose.
landowner and tenant, or lessor and lessee.
Ø What if he wants it to be the shape of a sun
10) X disputes the Notice of Coverage, is it an Agrarian Dispute?
No, it must be compact and contiguous.
YES, because it involves the implementation of the CARP Law. (Robustum Agri Corp v. DAR)
Ø What is DAR disagrees, can he insist his choice?
The Secretary of Agrarian Reform has the jurisdiction and authority to exempt or exclude a property from
the coverage of the agrarian reform program. No, although preference may be had in the choice of his landowner, his choice is not as prescribed
by law
11) What if there had been collusion between the DAR and the PARO with respect to the
service of notice of coverage is that still an Agrarian Dispute? Ø Does the beneficiary have the choice?
No, because what is assailed in the question at hand is the collusion and not the implementation nor the The beneficiary’s choice is only limited to the decision of vacating or staying in the area.
validity of the notice of coverage. Therefore, the case will partake a civil character, which does not make it
an agrarian dispute. 18) RIGHT OF THE TENANT IF HE CHOOSES TO REMAIN IN THE RETAINED AREA
2
12) Natalia Realty v. DAR (p.6) BHI-POWER-M
1. Buy the land in case the owner chooses to sell the same;
13) Farm land – 50 HA, owned by indigenous people. Is it covered? 2. Be afforded a home lot
3. Indemnified for the costs and expenses incurred for cultivation, in case he surrenders or
It depends on w/n land is ancestral. Ancestral lands are exempt from the coverage of the agrarian reform abandons for just cause.
program. 4. Peaceful possession and enjoyment of the land
5. Manage and work on the land, provided it conforms to the practices
14) All agricultural lands are covered by CARP? 6. Redeem the landholding, in case the owner sells the land without his knowledge
7. Mechanize all his farm work
Sec. 4 – all public and private agricultural lands, including other lands of public domain suitable for 8. Deal with millers
agriculture. Provided, it is 5 HA above.
a) Alienable and disposable lands of public domain. Provided, reclassification is approved. 19) OBLIGATIONS OF THE TENANT
b) Lands of public domain in excess of 5HA
2
c) Land owned by Gov’t for agriculture C ANT-R
d) Private lands used for agriculture (a) Cultivate the land, with the diligence of a good father of a family
(b) Care for the animals and the farm implements entrusted to him
Not covered: (c) Attend to his crops and farm during the work season
(d) Notify the lessor of the threshing, at least 3 days before the date of harvesting
• Private lands 5HA and below (e) Inform the lessor of any Trespassers
2 2
• Lands used for PW R – F -BM: Parks, Wildlife, Watersheds, Reforestation, (f) Pay the Rental when it falls due
Forest Reserve, Fish Sanctuaries, Breeding Grounds, Mangroves (Luz Farms v.
DAR) 20) X and Y are spouses, owning a property covered by CARP. C, their child, owns a 5HA
• Private fish ponds and prawn farms land. Is C still entitled to 3HA?
• Lands directly used for National Defense, Churches, School Campuses, Penal
Colonies, Lands with 18% slope No, provided that he is a qualified child, he has already reached the ceiling.
15) Right of Retention 21) Requirements for children to be beneficiaries?
A landowner has the right to retain not more than 5 hectares of his landholdings. 1. The child is 15 years old;
2. And is actually tilling or managing the farm
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30) Under the CARPER, what are the modes of acquisition?

22) What if X & Y have 5 children, ages 7, 8, 9, 18 and 20 respectively. What are the rules for
the beneficiary? VLT and Stock Distribution are not included, because such was discontinued in 2009.
Only those qualified. So ‘yung 18 and 20 years old lang. Provided, further, that they manage or tilling the 31) Compulsory Acquisition (Sec. 16)
land lang.
1) Who determines whether the land is covered by CARP?
Ø What if Y has an illegitimate child aged 16, and actually tilling the land? Is she
entitled to the land? DAR
The illegitimate child is likewise entitled. 2) Notice of Coverage
23) Exception to Retention limits? Sec. 6-A Issued for CARP-covered private agricultural lands under Compulsory Acquisition that still form
part of the Land Acquisition and Distribution (LAD) CARPER Balance. Once the NOCs have
Provincial and city municipal government units acquiring private agricultural lands by expropriation, used been served/issued to landowners, DAR can initiate the land acquisition and distribution
for public (i.e. bridges, public markets, schools, markets) process.
24) CMU v. DARAB (p.37) 3) Does the NOC need to indicate the “offer price”?
25) Republic v. CA (p.35) 4) Effect if not given personally to the landowner?
26) What is a commercial farm? Are they covered? Notice may still be given by posting in a conspicuous place in the barangay hall, where the land
is located. Such non-compliance shall constitute as a violation of constitutional due process.
Are lands devoted to: The acquisition process shall be suspended.
a) Salt beds
b) Fruit farms 5) When can land be distributed to beneficiary?
c) Orchards
d) Vegetable and cut-flower farms After the compulsory acquisition process has been complied with.
e) Cacao, coffee and rubber plantations
6) Who determines compensation?
27) Who are qualified as commercial beneficiaries?
The Land Bank of the Philippines
1) 18 years old at time of filing of application as beneficiary
2) Willingness, aptitude and ability to cultivate and make land productive 7) PROCEDURE
3) Must have been employed in commercial farm between June 15 1988 or upon expiration of
deferment (a) Identification by the DAR of the L, LO and B
4) Farm workers who have worked the longest on the land continuously will be given priority (b) Notice to the landowner about the acquisition and the price, thru: (Personal notice
by mail; AND by posting in conspicuous place)
28) Obligations of an Agricultural Lessee? (c) Acceptance/Rejection by the LO, within 30 days from notice
(i) If LO accepts – LBP will pay within 30 days within the execution of the TCT
(a) Cultivate and take care of the farm, growing crops and other improvements on the landholding as a (ii) If LO rejects – DAR will determine the just compensation through summary
good father of a family and perform work in accordance with proven farm practices proceeding
(b) Inform agricultural lessor within a reasonable time of any trespass committed by 3rd persons upon (iii) If the LO disagrees with DAR, he may appeal to the regular courts.
farm, without prejudice to his direct action against the trespasser (d) Taking of immediate possession of land by DAR
(c) Take reasonable care of work animals and farm implements delivered to him by agricultural lessor (i) Upon receipt of payment
and see that they are not used for purposes other than those intended or used by another without the (ii) Upon not replying to the notice
knowledge and consent of the agricultural lessor (e) Issuance of a TCT in the Register of Deeds
(d) Notify agricultural lessor at least 3 days before date of harvesting or threshing o Pay lease rental to (f) Distribution of the land to the beneficiaries
agricultural lessor when due
32) Notice Requirement
29) Modes of acquisition? 1) Effect if issue is personally issued but not posted on conspicuous places?
Voluntary Land Transfer (Sec. 20) 2) If posting, to newspapers?

Compulsory Acquisition (Sec. 16)
Voluntary Offer To Sell Yes, allowed.
Direct Payment Scheme
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Section 12. Commencement of an Action. — After issuance of notice of coverage —

NO CS
Commencement shall be at the DAR Municipal Office (DARMO). When the applicant/petitioner
commences the case at any other DAR once, the receiving once shall transmit the case folder Land Value = (CNI x 0.90) + (MV x 0.10)
to the DARMO or proper DAR office in accordance with the pertinent order and/or circular
governing the subject matter. Only the real-party in interest may file a protest/opposition or
petition to lift CARP coverage and may only do so within sixty (60) calendar days from receipt NO CN I and CS
of the notice of coverage; a protesting party who receives the notice of coverage by
newspaper publication shall file his protest/opposition/petition within sixty (60) Land Value = MV x 2
calendar days from publication date; failure to file the same within the period shall merit
outright dismissal of the case.
41) MV = 4M, CNI = 50K, no CS
33) Just compensation (Sec. 17)
NO CS
Full and fair equivalent of the property taken from its owner by expropriator. PROMPT AND FULL.
Land Value = (CNI x 0.90) + (MV x 0.10)
34) If landowner agreed to LBP’s offer, when will the title be transferred to the republic?
= (50,000 x 0.90) + (4,000,000 x 0.10)
= 45,000 + 400,000
After the compulsory acquisition process
= 445,000
35) Remedy in case of disagreement?
42) Reckoning point for MV?
Submit a case to the RTC as Special Agrarian Court
Value of the property at the time it was taken from owner and appropriated by government
36) In determination of land value, does the beneficiary have a say?
Ø What If there was delay? When is the reckoning period?
No, because he is not a party to the process.
At the time of full payment
37) Land Bank paid after 6 years. Is this just compensation?
43) 50 ha for 100 million. May an owner insist to be paid in cash?
38) Role of DARAB/PARAD
No, such payment shall be in accordance with Sec. 18, and such landowner cannot insist because it is not
They conduct the summary administrative proceeding of determining just compensation to determine if provided by law.
LBP’s land valuation is in accordance with the rules.
44) Sec. 18
Preliminary Proceedings Payment shall be made thru:
PARAD – land valuation is less than 10M
RARAD – 10M – 50M I. CASH PAYMENT
DARAB – above 50M a. Above 50 ha – 25% cash, 75% financial instruments
b. Above 24 ha, but below 50 ha – 30% cash, 70% financial instruments
39) Factors used in valuation c. Less than 24 ha – 35% cash, 65% financial instruments
o GOVERNMENT STOCKS – shares of Land Bank
CNI – Capitalized Net Income – land use and productivity o TAX CREDITS – to offset tax liabilities
CS – Comparable Sales – 70% of BIR zonal value o LBP BONDS
MV – Market Value – Tax Declaration
45) Value of prop = 90 M, 120 ha property. How should gov’t pay?
40) Formula?
Above 50 ha – 25% cash, 75% financial instruments
ALL FACT ORS PRESENT
46) WHAT IS A GFI?
Land Value = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
Treasury bills
Negotiable Instruments
NO CN I
1) Does the landowner have a say which GFI must pay?
Land Value = (CS x 0.90) + (MV x 0.10)
47) 30 HA – what is the mode of payment?
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30% cash, 70% financial instruments

Priority shall be given to those who have continuously worked on the subject landholding.
48) So it depends on size or amount of property? Others who cannot be accommodated will be put on the waitlist.
49) Voluntary Land Transfer – the farmer beneficiary pay directly to the landowner the agreed price, 4) What if beneficiary already has 1 HA?
whether in cash or in kind.
Then he may only be given 2 ha more.
50) SEC 22. Qualified Beneficiaries
55) Is the transfer of land to beneficiaries automatic?
(a) CHILDREN of tenants who are 15 years old and actually tilling the land
(b) Agricultural lessees and share tenants No, transfer can only be made after the FULL payment to the landowner
(c) Regular farmworkers
(d) Seasonal Farmworkers 56) Can DAR issue collective title?
(e) OTHER farmworkers
(f) Actual tillers of occupants of public lands YES, provided these conditions are complied with. (Sec. 25):
(g) Collectives of cooperatives of the above beneficiaries; and 1) Land covered is not appropriate for individual farming;
(h) Others directly working on the land 2) Farm Labor system is specialized (i.e., weeding, spraying, packing)
3) Beneficiaries collectively work on the land parcels
51) Qualifications 4) Farm consists of multiple crops in an integrated manner
(a) Filipino citizen; 57) Emancipation Patent v. CLOA

(b) Resident of the barangay or municipality where the landholding is located
(c) At least 15 years old at the time of selection Emancipation Patents (EPs) are provided to beneficiaries of the land reform law of 1972 while the
(d) Willing, able, and equipped with aptitude to cultivate and make the land productive Certificates of Land Ownership and Acquisition (CLOAs) are those given to beneficiaries under the 1988
agrarian reform program (CARL or RA 6657)
52) Same municipality – is this absolute?
58) Schedule of payment/Basis of monthly amortization?
Yes, because it is a basic qualification. And not having this qualification, will count as a disqualification
The cost of awarded land is payable to the Land Bank (by the beneficiaries) in 30 annual amortizations with
53) Who are disqualified? 6% interest per annum
i. Those who do not meet the basic qualifications; Payment starts 1 year from:
ii. Waived their right to become a beneficiary v registration of CLOA; OR
iii. Non-payment of an aggregate of 3 annual amortizations v actual occupancy, after the registration of CLOA
iv. Failed to exercise right of redemption within 2 years
th th
v. Dismissed for cause 59) Mr. X, religiously paying for 2 years. On the 25 and 26 month, he got sick and wasn’t
vi. Obtained substantially equivalent employment able to pay. Will that affect his rights? Will the title revert?
vii. Retired
viii. Those who have misused the land No. He may be given a reduction on the interest because the failure to produce is not the beneficiary’s
ix. Misrepresented fats fault. It is likewise a usufruct.
x. Sold, abandoned the land
xi. Conversion However, he may sell his rights to the land with these conditions:
xii. Guilty of Forcible entry or unlawful detainer - it is approved by the DAR
xiii. Violated - it is sold ONLY to an heir of the beneficiary or any qualified beneficiary
- transferee must cultivate the lands himself.
54) X had 60 ha of land.
1) Redemption limits? According to Sec. 22-A, 3 HA. 60) What if he has not paid 1 year of amortization?
2) 16 farmers are qualified, how is it distributed? It will take failure to pay 3 years of amortization to forfeit the landholding.
To the regular workers first. 61) When does DAR issue a CLOA?
Because the landholding is nor enough to meet the 3-hectare award ceiling, the area to be Upon the full payment of the amortization by the farmer beneficiary.
distributed shall be based on the actual size of tillage of the lessee or tenant. CARP only
provides for the maximum redemption size, not the minimum. 62) Nature of CLOA
3) What if they are all regular workers?

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Certificate of Land Ownership Award only serves as a basis for the issuance in his name of an OCT or
TCT. However, it is indefeasible, the same as a Torrens Title. 70) Corporate farm (500 HA), has 400 beneficiaries. How shall it be distributed?
63) Is it same with TCT? Is this sufficient to prove ownership? Ø May a qualified beneficiary waive his right?
GENERALLY, they are voidable. But in a recent ruling, it said that CLOAs, EPs and other titles issued Yes, rights may be waived except: (1) when the waiver is contrary to law, public order, public policy,
under any agrarian reform program cannot be voided after these were recorded with the Office of the morals or good customs, and (2) when prejudicial to a third person with a right recognized by law
Registry of Deeds for a year. (Article 6, NCC)
64) Grounds for cancellation of CLOA? Ø What if he wants to transfer to another farm within the municipality because he will
get a bigger land there?
1) Abandonment of land
2) Neglect or Misuse of land Cannot be allowed, because he must be actually tilling the land
3) Failure to pay 3 annual amortizations
4) Misuse of financial and support services 71) What is a ‘home lot’? (DAR A.O. 12-91)
5) Sale and transfer before the 10 year period
6) Illegal Conversion A home lot refers to a parcel of agricultural land used by the ARB as the site of his permanent dwelling
including the area utilized for raising vegetables, poultry, pigs and other animals and engaging in minor
65) X is a qualified beneficiary, and wants to lease the land to B. May he do so? industries. The area of the home lot may not exceed 1,000 square meters.
Yes. What the law prohibits is the transfer of ownership, and not possession. X may lease the land to B, 72) When is it awarded?
provided that it is for agricultural purpose. If it is not for an agricultural purpose, X must seek the approval of
DAR. A beneficiary may be awarded the home lot if he actually occupies the subject of land distribution under
CARP, provided said home lot does not form part of the retained area of the landowner.
Ø What if he changes the crops planted?
73) When is there collective ownership?
Changing the crops planted is not tantamount to an illegal conversion, and is therefore,
allowable. What is prohibited is that it is devoted to a purpose other than agricultural. When it is not economically feasible and sound to divide the land, then it shall be distributed indirectly to
the worker beneficiaries through a workers’ cooperative or association
66) A, landowner was the one who planted the corn crops. By the time the land was
transferred to B, the qualified beneficiary, the corn was ready for harvest. Who shall be 74) Can they use it for business establishment?
the owner of the crops?
YES. Home lot is land not exceeding 1,000 sq.m.s which the beneficiary can use as the site of his
The landowner retains his right over the crops not yet harvested at the time the DAR took possession of the permanent dwelling and for raising vegetables, poultry, pigs and other animals and engaging in minor
land. industries.
67) Is conversion a ground? 75) Hacienda Luisita v. PARC (p. 80 to 83)
Yes, if it is illegal conversion 76) What is PARC?
68) Obligation of a farmer beneficiary? Presidential Agrarian Reform Council
o Exercise due diligence in the use and maintenance of the land CHAIRMAN: President of the PH
o Pay the amortizations VICE-CHAIRPERSON: Sec. of Agrarian Reform
MEMBERS: Secretaries of DA, DENR, DBM, DILG, DPWH, DTI, DOF, DOLE,
69) What is a corporate farm? DIRECTOR GENERAL: NEDA
PRESIDENT: LBP
These are farms owned an operated by corporations and/or business associations. ADMINISTRATOR: LRA
Ø How is it distributed? 6 reps of Landowners

6 reps of Beneficiaries
As a general rule, corporate farms are to be distributed directly to the individual
worker-beneficiary 20% of its members must be women
Except if it is not economically feasible to divide the land, it shall be distributed 77) Functions and Duties (EO 229, 1987)
indirectly to the worker-beneficiaries through cooperatives. (Collective
ownership) • Formulate and implement policies, rules and regulations necessary to implement the CARP
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
• Recommend small farm economy areas; o Farmer Organization

• Schedule the acquisition and distribution of specific agrarian reform areas; and o Barangay Council
• Control mechanisms for evaluating the owner's declaration of current fair market value. o NGOs
o Landowners
78) What disputes does it settle? o Land Bank
o DAR official of the barangay
Those that fall under the PARC’s jurisdiction o DENR official of the barangay
o DAR Technologist assigned to the barangay (Acting Secretary)
79) PARCOM (PARC EXECUTIVE COMMITTEE POLICY ORDER NO. 01-97)
83) Functions
Provincial Agrarian Reform Coordinating Committee (PARCCOM)
o Formulates policies to ensure that support services shall be provided at all stages (a) Mediate between parties in an agrarian disputes;
of the program implementation (b) Assist in the identification of qualified beneficiaries and landowners within the barangay;
(c) Attest the accuracy of the mapping of the beneficiary's tillage;
80) Support Services (Sec. 35) (d) Assist qualified beneficiaries in obtaining credit from lending institutions;
(e) Assist in the initial determination of the value of the land;
(a) Irrigation facilities (f) Assist the DAR representatives in the preparation of reports on the CARP implementation
(b) Infrastructure Development for submission to the DAR;
(c) Government Subsidies (g) Coordinate the delivery of support services to beneficiaries; and
(d) Price support (h) Perform such other functions as may be assigned by the DAR
(e) Financial assistance
(f) Research and development The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it
(g) Development Cooperative management within thirty (30) days from its taking cognizance thereof. If after the lapse of the thirty day
(h) Marketing Training period, it is unable to settle the dispute, it shall issue a certificate of its proceedings and shall
(i) Information dissemination furnish a copy thereof upon the parties within seven (7) days after the expiration of the thirty-
(j) Credit Guarantee Fund day period.
(k) Administration of services
84) Two-fold jurisdiction of DAR
BENEFICIARIES (Sec. 36) LANDOWNERS (Sec. 38) Essentially EXECUTIVE and pertains to the enforcement and administration of the laws, carrying them into
-Land surveys and tillings -Investment information, financial and practical operation and enforcing their due observance
-Liberalized access to credit counseling assistance
-Social terms on agricultural credit -Facilities, programs and schemes for JUDICIAL and involves the determination of rights and obligations of the parties.
facilities the conversion or exchange of bonds a) The quasi-judicial is exercised through DARAB, who has the primary
-Technology transfer issued for payment of the lands jurisdiction to adjudicate agrarian reform matters
-Infrastructure, such as storage acquired with stocks and bonds issued Power to: administer oaths, take testimonies, issue subpoenas, issue writs of execution and hold a person
facilities and mini dams by the National Government, the BSP in contempt.
and other government Institutions and
instrumentalities 85) Does it have appellate jurisdiction?
-Marketing of agrarian reform bonds
-Other services designed to utilize DAR, through DARAB, have exclusive appellate jurisdiction to review, reverse, modify, alter, or affirm
productively the proceeds of the sale resolutions, orders and decisions of the Agrarian Reform Adjudicators.
of such lands for rural industrialization.
86) Can you file an MR? If yes, what is the remedy if you were denied?
87) Cases that fall within the jurisdiction of DARAB

81) Does it always provide support services?
1. Primary jurisdiction to determine and adjudicate agrarian reform matters; and
Yes, the government is mandated to provide these services. 2. Appellate jurisdiction over orders and decisions of the Agrarian Reform Adjudicators
82) Composition of Barangay Agrarian Reform Council (BARC) For DARAB to have jurisdiction over a case, there must exist a tenancy relationship
between the parties. In order for a tenancy agreement to take hold over a dispute, it
Representatives from: would be essential to establish all its indispensable elements:
o Farmers that are beneficiaries 1) that the parties are the landowner and the tenant or agricultural lessee;
o Farmers that are not beneficiaries 2) that the subject matter of the relationship is an agricultural land;
o Agricultural cooperatives 3) that there is consent between the parties to the relationship;
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
4) that the purpose of the relationship is to bring about agricultural production; 94) If the complaint is for proper valuation, where shall it be filed?
5) that there is personal cultivation on the part of the tenant or agricultural lessee;
and 95) How about a petition for exclusion of farmer-beneficiary?
6) that the harvest is shared between the landowner and the tenant or agricultural
lessee 96) Cancellation of a CLOA?
88) Prerequisite if you want your complaint to be under DARAB? Will it go through mediation 97) Incarceration?
and conciliation? (Page 124)
98) Role of Land Bank in CARP? (Sec. 65)
Get a certificate from BARC, that it had gone through mediation and conciliation. Except for: (1) issues
involving the valuation of land; (2) where the party is a corporation and the issue is with regard to the It is the financial arm of the CARP. They determine the just compensation.
discharge of his duties; (3) Where the Sec. of DAR refers the matter to the DARAB; and (4) where the
MARO certifies the inability of the BARC to intervene. 99) Valcurza v. CA
89) In an agrarian dispute, is the referral to DARAB/RARAD absolute? 100) Cervantes v. Miranda
Yes, the PARAD has the primary jurisdiction over agrarian disputes. 101) Soriano v. Bravo
The jurisdiction of the Department of Agrarian Reforms is limited to the following: 102) Laguna Estates v. CA (p. 121)
a) adjudication of all matters involving implementation of agrarian reform;
b) resolution of agrarian conflicts and land-tenure related problems; and 103) Rosario v. Rosario
c) approval and disapproval of the conversion, restructuring or readjustment of agricultural
lands into residential, commercial, industrial, and other non-agricultural uses. 104) Jurisdiction of RTC as SAC? What is the pre-requisite before filing with the SAC?
90) X approached you and asked, how would she know whether to file before DARAB or It must be designated by the DAR, otherwise it cannot hear and decide cases on (1) determination of just
PARAD for the alienation of the property covered by CARP? compensation and (b) criminal violations of the CARL
PARAD has the specific jurisdiction over Sale, alienation, pre-emption and redemption cases. 105) Where do you appeal?
91) Cases which originate with PARAD? SECTION 60. Appeals. An appeal may be taken from the decision of the Special Agrarian Courts by filing a
petition for review (Rule 43) with the Court of Appeals within fifteen (15) days from receipt of the decision;
ª Rights and obligations of persons managing and cultivation agricultural lands otherwise the decision shall become final.
ª Preliminary administrative determination of just compensations
ª Annulment or rescission of lease contracts or deeds of sale. 106) Conversion v. Reclassification
ª Ejectment cases
ª Sale, alienation, pre-emption and redemption Conversion act of changing the current use of a piece of agricultural land into some other use
ª Correction, partitioning of CLOA
ª Review of rentals Reclassification specifying how agricultural lands shall be utilized for agricultural use such as
ª Collection of amortization residential, industrial and commercial
ª Boundary disputes
ª Any agrarian dispute referred by the Sec. of DAR 107) What are the kinds of conversion?
92) Cases which fall within RARAD? 108) Can farmer beneficiary request for reclassification? At any time?
1) Cases that cannot be held by the PARAD by reason of inhibition, disqualification, or when there’s no No. According to Sec. 65, it must have been made (1) 5 years from its award (2) When land is no longer
PARAD in the locality economically feasible, or the area has become commercialized, (3) applied by the land owner or
2) Matter of sensitivity amounting to regional interest beneficiary (4) with notice to all other parties; (4) that the beneficiary has fully paid his obligation
3) Just compensation amounting to P10-P50M
4) Conduct hearing on applications for issuance of writs of PI 109) If I want to change planting rice to planting corn, is there conversion?
No, change of crops is allowed and does not need the approval of DAR.
1) If an agrarian dispute is filed with the court?
It shall be referred to DAR 110) Requirements for conversion?
93) Restraining order or Injunction with regard to the implementation by CARP? v Must be filed by the beneficiary or the landowner
v Must be filed after 5 years from the award of the land.
No. (Sec. 55) v Provided, these conditions exist:
v Land is no longer economically feasible
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
v Locality has became urbanized disqualified beneficiaries

Sale, transfer of urban lands
111) Can all agricultural lands be converted? Transfer or conveyance by the beneficiary of
the usufruct of the land acquired Undue delay in the compliance with the
NO. Absolute prohibition: obligation to attest
a) Protected areas under the NIPAS Unjustified willful and malicious act of an
b) All irrigated lands for rice and other crop production officer
c) All irrigated lands within areas programmed for irrigation facility rehabilitation
by the Dept. of Agriculture or National Irrigation Administration Undue delay or unjustified failure to submit
d) All irrigable lands already covered by irrigation projects with firm funding the required report
commitments as delineated by DA or NIA
e) All agricultural lands with irrigation facilities operated by private organizations Plus: any other culpable neglect or willful violations of the provisions of CARL
Highly Restricted Any person who knowingly violates the provisions shall be punished by imprisonment of not
1) Irrigable lands not covered by irrigation projects with firm funding commitment; less than 1 month to not more than 3 years or fine of 1K to 15K, or both.
2) Agro-industrial croplands, or lands presently planted to industrial crops that support the
economic viability of existing agricultural Infrastructure and agro-based enterprises; Any person convicted shall not be entitled to any benefit provided for in any agrarian reform
3) Highlands or areas located in elevations of 500 meters or above and have the potential law or program.
for growing semi-temperate and usually high-value crops;
4) Lands issued with notice of land valuation and acquisition, or subject of a perfected If the offender is a corporation or association, the officer responsible therefor shall be
agreement between the landowner and the beneficiaries under the voluntary land criminally liable.
transfer/direct payment scheme under CARP; and
5) Environmentally critical areas as determined by the DENR 116) Forcible entry – what penalty shall be imposed?
These are highly restricted because apart from the standard requirements, a project imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one
feasibility study and environmental compliance certificate is required. thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000.00), or both, at the
discretion of the court.
112) Obligations of farmer-beneficiaries once conversion has been approved?
117) During 10-year period, who owns the crops?
ª Invest 10% of the proceeds from the conversion in government securities
ª Pay the LBP the full price
113) What if he fails to comply with these obligations?

TENANT EMANCIPATION
Law: P.D. 27
The land will continue to be under the coverage of CARP, susceptible of transfers, etc. Cases asked: DAR v. Carriedo, Mateo v. DAR
114) Rights and privileges of bank/financial institutions as landowners or lien-holders? 1. PD. 27 v. CARP
AS LANDOWNER PD 27 supplements the CARL. It applies only to private agricultural lands primarily devoted to rice
v receive all notices, advice, correspondence from the DAR, or LBP, such as Notice of Coverage, and corn under share tenancy or lease tenancy.
Land Valuation
v Transact with the DAR or LBP If the landowner has already exercised his right of retention under PD 27, he can no longer exercise
v Named as recipient of all cash bonds and deposits the retention right under Comprehensive Agrarian Reform Law.
v Receive all proceeds of subject land transfer
2. Retention limits
AS LIEN HOLDER
The landowner is entitled to retain an area of not more than seven (7) hectares, if he is cultivating or
• receive payment for the obligation of the mortgagor
will cultivate it.
• receive notices, advice and all other communications
Personal cultivation by the landowner is not required - cultivation can be done indirectly through labor
115) Prohibited acts? (Sec. 73)
administration.
Imprisonment of 3 years, 1 day to 6 years, Imprisonment of 6 years, 1 day to 12 years,
3. Type of title, is it the same with CARP?
and a fine of P50K to P150K, or both or a fine of P200K to P1M, or both
Ownership or possession of agricultural Illegal Conversion
Certificate of Land Transfer (CLT) does not vest upon the tenant-beneficiary ownership over
lands in excess of the retention limits
the land. It merely qualifies the tenant-beneficiary to possess the land and comply with certain
Malicious or willful prevention or obstruction
conditions preparatory to ownership.
Forcible entry or Illegal Detainer by of the implementation of the CARP
88
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
If the tenant-beneficiary complies with the conditions, he is issued an Emancipation patent. • Persons to succeed:
a. The surviving spouse;
Emancipation Patent (EP) vests absolute ownership over the landholding, and it constitutes b. The eldest direct descendant by consanguinity; or
conclusive authority for the issuance of an original or transfer certificate of title in his name. c. The next eldest descendant or descendant in the order
of their age
4. When will the Emancipation Patent be issued?
ii. Provided, that they are willing to personally cultivate the landholding
When they have fully complied with the requirements.
(3) Agricultural Lessee
5. Grounds for the cancellation of EP?
2
RIGHTS OBLIGATIONS (C -PINK)
à Abandonment of land • Possession and peaceful enjoyment à Cultivate the land, take care of the
à Neglect of misuse of land growing crops with DOGFOAF
à Failure to pay 3 amortizations • Manage and work on the land
à Misuse of financial and support services à Care for the animals and the implements
à Illegal conversion • Mechanize his farm work
à Sale, transfer or conveyance à Pay the lease rental
• Deal with millers and processors
6. Payment of just compensation? à Inform the lessor of any trespass
• Have a home lot within the land
Any of the following modes: à Notify the lessor of the harvesting
• Direct Payment to the landowner by the farmer-beneficiaries, in cash or in kind, on terms to be • Be indemnified for the cost and expenses
mutually agreed upon by the beneficiaries and landowners and subject to the approval of the DAR incurred for cultivation and ½ of what was à Keep his farm attended, and not to
• Payment by the Land Bank with 10% payable in cash immediately and the balance payable in the used for improvement of the land abandon it
form of Land Bank bonds over a 10-year period, with 1/10 of the face value maturing every year until 1.
the 10th year; and
• Other modes of payment as may be prescribed or approved by the Presidential Agrarian Reform
Council (4) Obligatio
n of the
----------------------------------------------------
7. Can it be agreed to be paid in cash? Agricultur
al
Direct Payment to the landowner by the farmer-beneficiaries, in cash or in kind, on terms to be
mutually agreed upon by the beneficiaries and landowners and subject to the approval of the DAR
Lessor? FINALS
8. Does it depend on who pays? (5) Right of
pre- -----------------------------------------------------
Direct payment allowing stipulation of payment in cash is made to the landowner by the farmer-
beneficiaries.
emption?
-----------------
• In case the agricultural lessor decides to sell the landholding, the agricultural lessee has
the preferential right to buy the land actually cultivated by him under reasonable terms and
CODE OF AGRARIAN REFORMS conditions.
Law: R.A. 3844, as amended by P.D. Nos. 251, 444, 1039, 1819, and R.A. Nos. 6389, 6657, 7907, • When there are two or more lessees, each shall be entitled to said right only to the extend
9700 of the area actually cultivated by him.
Cases: Mateo v. DAR, Robustum v. DAR • Must be exercised within one hundred eighty days from notice in writing, which shall be
served by the owner on: ▪ All lessees; and ▪ The DAR
(1) Does the transfer of ownership terminate the leasehold contract?
(6) Right of pre-emption v. Right of retention.
(2) When is the leasehold term extinguished?
• If the land was sold to a third person without the knowledge of the agricultural lessee, the
• The agricultural leasehold established under the Code of Agrarian Reforms is extinguished latter shall have the right to redeem the same at a reasonable price and consideration to
by: the extent of the area actually cultivated by him.
i. Abandonment of the landholding without the knowledge of the agricultural • Filing of petition or request for redemption must be made with the DAR within one hundred
lessor eighty (180) days from knowledge of sale.
ii. Voluntary surrender of the landholding by the agricultural lessee; or • Knowledge of sale is by notice in writing by the vendee to all lessees affected and the DAR
iii. Absence of the persons to succeed to the lessee, in the event of death or upon the registration of the sale, and shall have priority over any other right of legal
permanent incapacity of the lessee. redemption
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2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
AGRICULTURAL FREE PATENT REFORM ACT

Law: R.A. 11231
1. What is R.A. 11231?

Agricultural Free Patent Reform Act mandates to remove the restrictions on free patents to allow the
efficient and effective utilization of the lands.
2. What does it provide?

Agricultural Free Patent under C.A. 141 shall now be considered as title and not be subject to any
encumbrance or alienation
3. Is it the same w PD 27?

No. If anything, it repealed Secs. 118, 119 and 121 of C.A. 141.

Membership Benefits
SSS Compulsory • All employees, including kasambahays not over 60 years of age and their employers. Provided, any benefit being enjoyed prior this Act shall not be discontinued. Death
• Spouses who devote full time to managing the household and family affairs, and is not employed Dependent Pension
Funeral Benefits
• SELF-EMPLOYED: Maternity
o Partners and single proprietors of business Monthly Pensions
o Actors and Actresses, directors, scriptwriters Permanent Disability Benefit
o Professional athletes, trainers and coaches Retirement
o Individual farmers and fishermen Sickness
• OFW:
o Land based and sea-based, under R.A. 8042
o Manning agencies
o DFA and DOLE, and its agencies involved in deploying OFWs
Voluntary v Spouses who devote full time to managing the household and family affairs, but is engage in other employment
v Members whose employment are ceased
v Filipinos with foreign employees
GSIS Covered • All government employees receiving compensation who have not reached the compulsory age of retirement. Monthly pensions
• All government personnel, whether elective or appointive, irrespective of status of appointment, provided they are receiving fixed monthly compensation and have not Separation benefits
reached the mandatory retirement age of 65 years, are compulsorily covered as members of the GSIS and shall be required to pay contributions Involuntary separation
Excluded • Members of AFP Retirement benefits
• Members of PNP Survivorship benefit
• Members of BJMP Life Insurance Benefits
• Members of BFP Funeral Benefits
• Barangay official without monthly compensation
• Contractual Employees who have no employer-employee relationship with the agencies they serve
• Members of the Judiciary
• Members of Constitutional Commissions
PhilHealth Formal • Government Employees – whether regular, casual or contractual Access to medicine
• Private Employees Hospital discounts
o Corporations, partnership, single proprietorship
o Foreign Employees
o Foreign business hiring Filipinos, provided there is an agreement
• Those who render services, whether in private or government, such as job-orders
• Owners of Micro-enterprises, Small, Medium, Large Enterprises
• Household Help
• Family Drivers
Informal • Migrant Workers
• Informal Sector
• Self-Earning Individuals
90
2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019
• Non-working Spouses
• Dual Citizens
• Naturalized Filipinos
• Citizens of countries working and or residing in the Philippines
• Indigent
• Sponsored Member
• Lifetime Member
o Retirees from GSIS
o Retirees/Pensioners from the Private sector
o Uniformed Members of AFP, PNP, BJMP, BFP
o Has reached the age of retirement
Compulsory • Migrant Worker
• Working Informal Sector
• Dual Citizens
• Naturalized Filipino Citizen
• Self-earning citizens
• Ex-pats
Voluntary • Senior citizens
• Indigents
• Life time Members
Universal Every Filipino citizen SameSSS with PhilHealth
Healthcare Law
PAGIBIG Mandatory • Employees who are compulsorily covered by the SSS Housing loans
o Private employee, whether permanent, temporary or provisional, who is not over 60 years old. Housing programs
o household-helper earning at least P1,000 a month. Short-term loans
o Filipino seafarer upon the signing of the standard contract of employment between the seafarer and the manning agency which, together with the foreign ship Provident savings
owner, act as employers.
o Self-employed person, regardless of trade, business or occupation, with an income of at least P1,000 a month and not over 60 years old. (self-employed
professionals; business partners, single proprietors and board directors; actors, actresses, directors, scriptwriters and news reporters who are not under an
employer-employee relationship; professional athletes, coaches, trainers and jockeys; farmers and fisherfolks; and workers in the informal sector such as
cigarette vendors, watch-your-car boys)
• Employees who are subject to mandatory coverage by the GSIS,
• Uniformed members of the AFP, BFP, BJMP, and PNP.
• Filipinos employed by foreign-based employers. Coverage under the Fund shall be mandatory for Filipinos employed by foreign-based employers whether deployed here
or abroad, or a combination thereof, but whose respective employers are exclusively based outside of the Philippines.
Voluntary Persons who are at least eighteen (18) years old but not more than sixty five (65) years old and are not subject to mandatory coverage may be covered by the Fund on a
voluntary basis
a. Spouses who devote full time to managing the household and family affairs, unless they also engage in another vocation or employment, which is subject to
mandatory coverage.
b. Filipino employees of foreign government or international organization
c. Employees of an employer who is granted a waiver or suspension of coverage by the Fund
d. Leaders and members of religious groups;
e. A member separated from employment, local or abroad, or ceased to be self-employed, but would like to continue paying his or her personal contribution.
f. Public officials or employees who are not covered by the GSIS, such as Barangay Officials, including Barangay Chairmen, Barangay Council Members, Chairmen of
Sangguniang Kabataan, and Barangay Secretaries and Treasurers.
g. Such other earning groups as may be determined by the Board by rules and regulations.
91

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LABOR STANDARDS AND SOCIAL LEGISLATION, AND AGRARIAN LAWS Q&A’s

2L & 2F A.Y. 2017-2018; 2J A.Y. 2018-2019

SYLLABUS (A.Y. 2018-2019) 2. Bernardo v. NLRC, July 12, 1999

D.O. No. 143-15 (exemption)

Article 100 Article 128

Article 106 See new provisions on 154-161 under RA 10151

D.O. No. 174-17 Maternity Leave Benefits under SSS

Article 111 Sexual harassment

L.A. No. 17, Series of 2018

1. GSIS v. CA, January 2008

*check mem-aid 17. Daughter of NBI director?

Art III, Sec. 13. 18. Powers of the POEA

12. Does Article 6 apply to all workers? a) Suspend/cancel license

community-based and maintained largely by local government units (LGUs) and a

(40) Can the family of OFW avail such loan?

Family Assistance Loans - refer to loans granted to currently employed migrant

Land based Overseas Filipino Workers Of 2016 (Appendix of Azucena book)

9) If the motion was denied, what is the remedy?

o Mandatory Repatriation of Underage Migrant Workers upon

21) Purpose of Escrow Deposit NO, the non-filing of SALNs is a crime.

If transfer is within the region, YES. Appeal

Refers to a document issued by the Secretary through the Regional Director

19. Is it different from a license? 1. What is an alien?

6. How about those excluded? 9. Is the exemption or exclusion automatic?

• Misrepresentation of facts includes fraudulent misrepresentation that is a false

6. Is the senior citizen required to present an ID to avail of the benefits?

7. Is the hiring of pilots beyond 60 years of age an act of discrimination?

1. Coverage 8. Exceptions to the Prohibited Acts?

b. The employment of such is necessary to prevent curtailment of

NO. The employer is not required. 5) Agencies involved?

16. What about a learner? Are they automatically hired? PSA

19. Do you need the approval of DOLE?

1) What are Green Jobs? 2. Purpose of the Program?

6. Who are qualified? Preparation of payroll of Jobstart trainees

7. Coverage 17. Who conducts the job training?

a. LGU/PESO Level Grievance Committee

26. Dispute on trainee

Table 1 - JobStart v. Apprenticeship v. Learner

EMPLOYER-EMPLOYEE RELATIONSHIP a. Selection and engagement of the employee

1) Regular working hours First-Line Management (also called Supervisor)

26. Who determines the rest day?

Payment of 30% on a holiday

• If rest day falls on a special day

Special Holidays: 67. Discuss SILP issue in David v. Macasio

Ninoy Aquino Day August 21 68. Lactation Stations

1100 + 893.75 + 393.25 = 2,387

i. 550/8 = 68.75 – this is the hourly rate

Answer: June 12 is a holiday, so we must follow this equation

i. 527/8 x 1.1 x 1 (2) Explain the trilateral relationship

2,002.84 (4) Only indirect?

(8) “Contracting” D.O. 174-17

(11) Do they need the approval of NWPC?

(16) Who are the employees in distress? c. CRITERIA:

10,500 x 5 ÷ 12 = Php 4,375

issuance of orders to compel compliance proceedings after notice and hearing, of

b. Payment shall be advanced by ER in 2 equal installments w/in 30 days from filing

R.A. 10151: 7) What is the obligation of the employer?

31) How to secure the benefit? i. How long?

Conditions for entitlement: 42) What if outpatient only?