San Beda College Alabang School of Law

Centralized Bar Operations

Objective Type Questions

SYLLABUS FOR THE 2021 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION

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SAN BEDA COLLEGE ALABANG

CENTRALIZED BAR OPERATIONS

OBJECTIVE TYPE QUESTIONS

Dr. Ulpiano P. Sarmiento III

Dean and Adviser

Atty. Anna Marie Melanie B. Trinidad

Vice Dean

Atty. Carlo D. Busmente

Prefect of Student Affairs

Atty. Roben B. Cadugo Jr.

Administrative Officer

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2021 CENTRALIZED BAR OPERATIONS

Christian Boy Benedict R. Tiangco
Overall Chairperson

Maria Angela Alexandria Albotra

Chairperson for Operations

Fiona Criscelle Federico

Chairperson for Academics

Angelica Felise Manalo

Jolykha Toa L. Sanchez
Deputy for Academics

Joseph Librojo
Chairperson for Academics Operation

Ma. Veronica Malabanan

Chairperson for Secretariat

Maria Concepcion Bañas

Chairperson for Finance

Kate Capulong
Chairperson for Logistics

Marie Czel Ongtangco

Chairperson for Recruitment and Membership

John Argie Mortel

Chairperson for Electronic Data Processing

Kurt Jairus Tañada

Chairperson for Communications

Anna Akiko Abad

Chairperson for Bar Mentoring Program

Louie Ann Someros

Chairperson for Bar Matters

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2021 LABOR LAW TEAM 2020 LABOR LAW TEAM

Mariel Basaran Ma. Isabel Soriano

Subject Head Subject Head

Raenielle Salas Rasper John Antonio

Assistant Subject Head Assistant Subject Head

Members Members
Medina, Gico Amiel S. Sta. Romana, Cathy
Moldez, Maria Salina M. Boncayao, Kaye
Oasan, Wendy Louise M. Perez, Debbie
Cabandong, Jordan C. Padre, David
Mendoza, Sarah Pauline S. Cariaga, Carla
Natividad, Genesis Joy A. Gomez, Jona
Macapagal, Gladys D. Castillo, Mike
Bello, Nerissa M. Deveras, Shai
Arevalo, Niño Jorge Y. Nato, Joie
Britanico, Christian Carlo P. Martinez, Raph
Ilano, Patricia Gaile M. Sabio, Alex
Magalang, Leymar
Ilano, Patricia
Purificacion, Celine
Natividad, Genesis

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I. FUNDAMENTAL PRINCIPLE issue to the NLRC for compulsory

arbitration.
A. 1987 Constitution
Distinguish briefly, but clearly, a "house helper"
Enumerate at least four (4) policies enshrined from a "homeworker." (Bar Question 2009)
in Section 3, Article XIII of the Constitution that
are not covered by Article 3 of the Labor Code SUGGESTED ANSWER:
on declaration of basic policy. (Bar Question Art. 141. – Domestic Helper – one who performs
2009) services in the employer's house which is
usually necessary or desirable for the
SUGGESTED ANSWER: maintenance and enjoyment thereof and
Under Section 3, Article XIII of the 1987 includes ministering to the personal comfort
Constitution, the four (4) policies which are not and convenience of the members of the
covered by Article 3 of the Labor Code on employer‘s household, including the services
declaration of basic policy are: of a family driver.

(1) All workers shall have the right to peaceful Art. 153. – Homeworker – is an industrial worker
concerted activities; who works in his/her home processing raw
(2) Including the right to strike in accordance materials into finished products for an
with the law; employer. It is a decentralized form of
(3) They shall be entitled to a living wage; production with very limited supervision or
(4) They shall participate in policy and decision regulation of methods of work.
making processes affecting their rights
and benefits as may be provided by law; What is the control test in determining the
(5) The state shall promote the principle of existence of an employer-employee? (Bar
shared responsibility between workers and question 2019)
employers.
The control test constitutes the most important
index of existence of the existence of the
Wage Distortion
employer-employee relationship; it refers to
the employer’s power to regulate how the
What procedural remedies are open to
work is supposed to be done. Under the
workers who seek correction of wage
"control test," an employment relationship
distortion? (2%)
exists between a physician and a hospital if
the hospital controls both the means and the
SUGGESTED ANSWER:
details of the process by which the physician is
The Procedural Remedies of Wage Distortion
to accomplish his task. (Nogales v. Capitol
disputes are provided in Art. 242 of the Labor
Medical Center, G.R. No. 142625, December
Code, as follows:
19, 2006, 511 SCRA 204, 221 citing Diggs v.
1. Organized establishment – follow the
Novant Health, Inc., 628 S.E.2d 851 (2006)
grievance procedure as provided for
in the CBA, ending in voluntary Illegal Dismissal (No just or authorized cause)
arbitration.
2. Unorganized establishment – employer Cite four (4) instances when an illegally
and workers, with the aid of the NCMB dismissed employee may be awarded
shall endeavor to correct the wage
distortion, and if they fail, to submit the

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separation pay in lieu of reinstatement. (Bar The "AUTOMATIC RENEWAL CLAUSE" in a CBA
question 2009) refers to that provision of the Labor Code
(Article 253) which states that "It shall be the
These four instances are: (i) in case the duty of both parties (to a CBA) to keep the
establishment where the employee is to be status quo and to continue in full force and
reinstated has closed or ceased operations; (ii) effect the terms and conditions of the existing
where the company has been declared agreement during the 60-day (freedom)
insolvent; (iii) former position no longer exists at period and/or until a new agreement is
the time of reinstatement for reason not reached by the parties."
attributable to the fault of the employer; and
(iv) where the employee decides not to be KASAMBAHAY LAW
reinstated as when he does not pray for
reinstatement in his complaint or position Are stay-in family drivers included
paper. under the Kasambahay Law? (2.5%)

CHECK OFF, ASSESSMENT, AGENCY FEES No. Family drivers are not included under the
Kasambahay Law. A “Kasambahay” refers to
What requisites must a Union comply with any person engaged in domestic work within
before it can validly impose special an employment relationship such as, but not
assessments against its members for incidental limited to, the following: general househelp,
expenses, attorney's fees, representation nursemaid or “yaya”, cook, gardener, or
expenses and the like? (3%). (Bar Question laundry person, but shall exclude any person
2001) who performs domestic work only occasionally
or sporadically and not on an occupational
In the case of ABS-CBN Employees Supervisors basis.
Union vs. ABS-CBN Broadcasting Corp., and
Union Officers, G.R. No. 106518, March JURISDICTION AND REMEDIES (LABOR ARBITER)
11,1999, the Supreme Court ruled that the
following are the requisites: What are the grounds for a labor injunction to
(1) Authorization by a written resolution of the issue? (2%)
majority of all the members at the general SUGGESTED ANSWER:
membership meeting duly called for the The NLRC may issue an injunctive writ to enjoin
purpose; an illegal activity under Art. 279 of the Labor
(2) Secretary's record of the minutes of the Code; as an ancillary remedy to avoid
meeting; and irreparable injury to the rights of a party in an
(3) Individual written authorization for check- ordinary labor dispute pursuant to Rule X, 2011
off duly signed by the employee concerned. NLRC Rules of Procedure, as amended; and to
(See also: Gabriel vs. Secretary of Labor, G.R. correct the Labor Arbiter’s grave abuse of
No. 115949, March 16, 2000) discretion pursuant to Rule XII of the 2011 NLRC
Rules of Procedure, as amended.
COLLECTIVE BARGAINING AGREEMENT
Distinguish the jurisdiction of a Labor Arbiter
Explain the automatic renewal clause in a from that of the NLRC (3%)
collective bargaining agreement? (2%) SUGGESTED ANSWER:
As to jurisdiction, the LA can hear and resolve
SUGGESTED ANSWER: cases under Art. 224 of the Labor Code,

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money claims under Sec. 7 of R.A. 10022; and [261], Labor Code, Section 4, Rule XIX, Book V,
referred wage distortion disputes in Omnibus Rules Implementing the Labor Code)
unorganized establishments, as well as the
enforcement of compromise agreements 2. The interpretation or enforcement of
pursuant to the 2011 NLRC Rules of Procedure, company personnel policies which remain
as amended. unresolved after exhaustion of the grievance
On the other hand, the NLRC reviews decisions procedure; (Article 274 [261], Labor Code,
rendered by the LA; decisions or orders Section 4, Rule XIX, Book V, Omnibus Rules
rendered by the RD under Art. 129 of the Labor Implementing the Labor Code)
Code; and conducts compulsory arbitration in
certified cases. 3. Wage distortion issues arising from the
application of any wage orders in organized
As to the power to issue a labor injunction, the establishments; (par. 4, Article 124, Labor
NLRC can issue an injunctive writ. On the other Code, Section 4, Rule XIX, Book V, Omnibus
hand, the Labor Arbiter cannot issue an Rules Implementing the Labor Code)
injunctive writ.
4. The interpretation and implementation of
NLRC the productivity incentive programs under RA
6971.
Does the NLRC have jurisdiction to award
money claims including interest on the 5. Upon agreement of the parties, shall also
amount unpaid? (2.5%) hear and decide all other labor disputes
including unfair labor practices and
The NLRC has jurisdiction over money claims bargaining deadlocks. (Article 275. [262],
arising from an employer-employee Labor Code, Section 4, Rule XIX, Book V,
relationship where the amount claimed is in Omnibus Rules Implementing the Labor Code)
excess of PhP 5,000, including interest,
regardless of whether or not there is a claim for 6. Violations of a Collective Bargaining
reinstatement. (Sec. 10, RA 8042, as amended Agreement, except those which are gross in
by RA 10022. character, shall no longer be treated as unfair
labor practice and shall be resolved as
VOLUNTARY ARBITRATOR grievances under the Collective Bargaining
Agreement; (Article 274. [261], Labor Code)
State the jurisdiction of the Voluntary
Arbitrator, or Panel of Voluntary Arbitrators in
labor disputes? (4%)

SUGGESTED ANSWER:
The voluntary arbitrator or panel of voluntary
arbitrators shall have exclusive and original
jurisdiction to hear and decide all unresolved
grievances arising from:

1. The implementation or interpretation of the

collective bargaining agreements; (Article 274

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