2022 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION

November 9, 2022 2:00 A.M. - 5:00 P.M.

This is a 3-hour examination consisting of 12 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding answer,
then “(b)” followed by the answer

Read each questions carefully. Do not assume facts that are not provided in the questions.

Answer the questions clearly and concisely. Your answer should demonstrate your ability to
analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical
conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not
be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and move to
items that you may find easier to answer. Use the ‘Flag’ feature so that you can return to the
unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any of your
answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

Do not type your final answer in the notes box, which is an optional tool. Any text written in the
notes box will not be included in your final answer.

Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from seeing
your answers.

You have until 5:00 p.m. to finish the exam. Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you are
ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and

1. Kotse Corp. operates a mobile phone application “Kotse PH” that allows users to book private
cars on demand to their destination, and matches them with nearby available “driver-partners.” The
destination is only made known to the driver-partners when the users have boarded the vehicle.
Kotse Corp. has an accreditation process for its driver-partners who are required to submit bio-data,
professional driver’s license, and negative drug test result, as well as pass an exam on road safety.
After accreditation, the driver-partners are free to choose their own work hours but Kotse Corp.
requires them to complete at least a total 40 hours per week or else the driver’s share in the fare will
be reduced. The fare is determined by the application software depending on distance, time, and the
demand for rides. The fare is paid by the user or passenger through the application and Kotse Corp.
remits the driver’s share of 75% of the fare every two weeks. Kotse Corp. keeps 25% as its
commission. The driver-partners are evaluated by the users or passengers through a five-star rating
system. Driver-partners who consistently have an average rating of two stars or below may be
removed from Kotse Corp.’s roster of driver-partners. The driver-partners use their own vehicles,
pay for fuel, and secure their own vehicle insurance.

Is there an employer-employee relationship between Kotse Corp. and its driver-partners?

2. [This item has two questions.] Krys is a daily-paid factory worker who is required to render eight
hours of work per day. Two days ago, he rendered only seven hours of work as he arrived late in the
morning. Yesterday, Krys worked for nine hours as he was required to assist in the processing of
perishable goods. His supervisor, Rudy, told Krys that he would not get any overtime pay as his
work for nine hours yesterday was meant to offset the one-hour shortfall in his work the day before.

a. Is Rudy correct? Explain briefly.

b. Assuming Krys is entitled to overtime pay, how much will he get as overtime pay if his
daily wage is Php 640.00? Explain briefly.

(5 points)

3. Cristina, a new-hire of Sterling Corporation (Sterling), was made to join Sterling Corporation
Employees Union (SCEU) in compliance with the union shop provision in the collective bargaining
agreement (CBA) between SCEU and Sterling. At the request of SCEU, Sterling started deducting
union dues from Cristina’s salary and remitting the same to SCEU pursuant to the CBA provisions.
Cristina protested, claiming that she has not authorized the deduction in writing.

Is Cristina’s claim valid? Explain briefly. (5 points)

4. Due to Bitoy’s repeated unwanted sexual advances towards his co-worker Diego, Diego went to
the Personnel Manager to report Bitoy’s behavior. The Personnel Manager started a disciplinary
action case against Bitoy. In his written explanation, Bitoy denied the allegation of sexual advances.
He also pointed out that sexual harassment only pertains to a superior-subordinate relationship,
where the perpetrator is the superior and the victim is the subordinate. Since Diego is not his
subordinate, as they are co-workers with the same rank, Bitoy cannot be subject to disciplinary
action.

Is Bitoy’s contention correct? Explain briefly. (5 points)

5. Marino, a seafarer, was engaged as an oiler on board Searena Corporation’s oil tanker vessel.
After ten consecutive contracts, with each contract having a duration of eight months and the last
one ending in December 2021, Marino decided it was time to enjoy his hard-earned money, and
disembarked from the vessel upon the expiration of his employment contract. In April 2022, he felt
excruciating pain in his groin. He went to a doctor and was diagnosed with acute hernia. The doctor
also determined that the hernia was caused by repeated heavy lifting because of his work as an
oiler.

As a result, Marino filed a case against Searena Corporation before the Labor Arbiter, claiming total
and permanent disability under the POEA Standard Employment Contract.

Searena Corporation raised in its position paper that Marino is barred from filing the case as he did
not raise any complaints during the term of his employment, and within three days from his arrival in
the country after his last employment.

If you were the Labor Arbiter, rule on Searena Corporation’s defense. Explain briefly. (5
points)

6. Sonic Build Corp. employed Leo and Dan in its cement factory and assigned them the tasks of,
among others, directing and supervising rank-and-file employees. Leo and Dan are required to
ensure that such employees obey company rules and regulations, and recommend to the
company’s Human Resources Department any required disciplinary action against erring
employees. There is only one union representing rank-and-file employees.

May Leo and Dan join the union? Explain briefly. (5 points)

7. Two legitimate labor organizations (Union Jack and Union Jill) are competing to become the first
sole and exclusive bargaining agent (SEBA) in Maharlika Company. The unions agree to a consent
election without involving the Bureau of Labor Relations (BLR). Union Jack garners an
overwhelming majority of the valid votes cast during the consent election. Negotiation for a collective
bargaining agreement (CBA) commences, and while this is ongoing, a third union, Union Jumble,
files with the BLR a petition for certification election seeking certification as the SEBA in Maharlika
Company. Union Jack opposes the petition, arguing that no petition for certification election can be
filed within one year from the consent election, and during the CBA negotiation.

Is Union Jack correct? Explain briefly. (5 points)

8. Julian was hired by Index Agency, a licensed manpower and recruitment corporation, which had a
Service Agreement with Kainan Resto, a fast food restaurant, for the provision of ancillary and
support services. Index Agency assigned Julian to work at Kainan Resto as a cashier and counter
clerk, whose duties involved taking customer orders, receiving payments, preparing food orders, and
serving food to customers.

Julian was accused of short-changing a customer during one transaction. He was immediately
dismissed from service by the manager of Kainan Resto. Julian filed a complaint for illegal dismissal
against Index Agency and Kainan Resto. In its defense, Kainan Resto argued that Julian was not its
employee but that of Index Agency, given that Index Agency is a licensed manpower and
recruitment corporation.

Is Kainan Resto correct? Explain briefly. (5 points)

9. Sigaw Corp., a media entity, produces television shows. To streamline its processes, it created a
database of camera crew and sound engineers whom it usually engages for its television shows.
Sigaw Corp. pays them only “talent fees” each time they are engaged for a show. After several
years of this set-up, the camera crew and sound engineers filed a complaint for regularization
against Sigaw Corp. before the Labor Arbiter. On the other hand, Sigaw Corp., claims that they are
not regular employees but independent contractors or talents because they are engaged and paid
for their specific technical skills.”

Rule on the complaint. Explain briefly. (5 points)

10. [This item has two questions.] As Human Resources Manager of a five-star hotel, you were told
in confidence by several fearful employees in the housekeeping department that Joy, the head of
housekeeping, was a harsh disciplinarian who would pinch the ears of her staff or rap their heads to
drill instructions on the proper way to clean and tidy up the hotel rooms. One day, the assistant
housekeeper urgently called you to the supply room of the hotel, where you found housekeeping
staff Erika and Patricia slumped on the floor with bloody faces. The assistant housekeeper reported
that she saw Joy beat up Erika and Patricia with a mop for allegedly stealing complimentary
toiletries for guests. Erika and Patricia were hospitalized for a couple of days due to the injuries they
sustained.

a. Can Joy be placed on preventive suspension pending administrative investigation? If so,

b. If Joy is placed on preventive suspension, is she entitled to receive her wages and other
benefits during the period? Explain briefly.

(5 points)

11. Trixie is a scientist/researcher in the academe, specializing in vaccine research, particularly

“You shall not work for whatsoever capacity, either as an employee, agent, or consultant with any
person, anywhere in the Philippines, whose business is in direct and indirect competition with the
company during the period of this contract, and for a period of ten (10) years from date of
resignation or separation from the company. Violation of this stipulation shall make you liable for
liquidated damages in the amount of Php 5,000,000.00.”

Trixie was able to successfully produce the vaccine and for which AZ Corp. paid her Php
50,000,000.00. Thereafter, Trixie resigned from AZ Corp. and returned to her work in the academe.
AZ Corp. filed a complaint for damages in the amount of Php 5,000,000.00 against Trixie for
violation of the above stipulation in her contract.
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If you were the judge, rule on the validity of the stipulation. Explain briefly. (5 points)

12. Discuss and differentiate between the procedural requirements in termination of