LABOR LAW REVIEW

Judge Joeven D. Dellosa

CASE LIST

I. RIGHT TO SELF-ORGANIZATION
Concept & Scope
Arts. 243, 246, 277 (c), 212 (e, f)
Omnibus Rules, Book V, Rule I-Rule II, as amended by D.O. 40, series of
2003

NUWHRAIN-Manila Pavilion Hotel Chapter v. Secretary, July 31, 2009

Labor Organizations and Registration of Unions

Labor Code: Arts. 212 (g, h), 231, 234-242, 277 (a)
Omnibus Rules, Book V, Rule I, Sec. 1 (a, h-p, w, cc, ee, ff, jj, kk, zz, ccc),
Rule III-V, XIV-XV, as amended by D.O. 40-03, as further amended by D.O.
40-B
R.A. No. 9481, Sec. 1- 9
Department Order No. 40-F-03, series of 2008
(Implementing Rules for R.A. 9481 amendments)

San Miguel Corporation Employees Union-Philippine Transport And

General Workers Organization (SMCEU-PTGWO) v. San Miguel
Packaging Products Employees Union-Pambansang Diwa Ng
Manggagawang Pilipino (SMPPEU-PDMP), September 12, 2007

The Heritage Hotel Manila (Owned And Operated By Grand Plaza Hotel
Corporation) v. Pinag-Isang Galing At Lakas Ng Mga Manggagawa Sa
Heritage Manila (Piglas-Heritage), October 30, 2009

Eagle Ridge Golf and Country Club v. CA, March 18, 2010

Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter

Chemical and Coating Corp., March 16, 2011

Yokohama Tire Phils. v. Yokohama Employees Union, March 10, 2010

Eligibility for Membership; Special Groups of Employees

Labor Code: Arts. 245, 212 (m)
R.A. No. 9481, Sec. 8-9
Department Order No. 40-F-03, series of 2008
Omnibus Rules, Book V, Rule I, Sec. 1 (hh), (nn), (xx), as amended by D.O.
40

Cathay Pacific Steel Corp. v. CA, August 30, 2006

San Miguel Corp. Supervisors and Exempt Union v. Laguesma, August 15,
1997
Standard Chartered Bank Employees Union (SCBEU-NUBE) v. Standard
Chartered Bank, April 22, 2008
Coastal Subic Bay Terminal v. DOLE, November 20, 2006
Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery v. Asia Brewery,
August 3, 2010
San Miguel Foods v. SMC Supervisors and Exempt Union, August 1, 2011

NOTE: Compare the original provisions of the Labor Code with the amended
provisions under R.A. No. 9481.
For reference:
Atlas Litographic Services v. Laguesma, 205 SCRA 12
De La Salle University Medical Center v. Laguesma, 294 SCRA 141
Tagaytay Highlands v. Tagaytay Highlands Employees Union-PTGWO,
January 22, 2003
II. BARGAINING UNIT
Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03

De La Salle v. De La Salle University Employees Association, 330 SCRA

363
San Miguel Foods v. San Miguel Corp. Supervisors and Exempt Union,
August 1, 2011

Bargaining Agent, Certification Election Proceedings

Labor Code: Arts. 255-259, 258-A (Note: Arts. 256 & 257 had been
amended by R.A. 9481)
Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb), Rules VIX, as amended by D.O. 40, and further amended by D.O. 40-F-03, series of
2008

Republic of the Philippines, represented by DOLE, v. Kawashima Textile,

July 23, 2008
St. James School of Quezon City v. Samahang Manggagawa sa St. James,
November 23, 2005
DHL Phils. United Rank and File Association v. Buklod ng Manggagawa
ng DHL Phils., July 22, 2004
Sta. Lucia East Commercial Corporation v. Hon. Secretary Of Labor,
August 14, 2009
Samahan Ng Mga Manggagawa Sa SammaLakas Sa Industriya Ng
Kapatirang Haligi Ng Alyansa (SammaLikha) v. Samma Corporation,
March 13, 2009
Chris Garments Corporation v. Hon. Patricia A. Sto. Tomas and Chris Garments Workers
Union - PTGWO, January 12, 2009
National Union Of Workers In Hotels, Restaurants And Allied IndustriesManila Pavilion Hotel Chapter v. Secretary of Labor, July 31, 2009
Eagle Ridge Golf and Country Club v. CA, March 18, 2010

PICOP Resources, Inc. v. Taeca, August 9, 2010

Legend International Resorts v. Kilusang Manggagawa ng Legend,
February 23, 2011
Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter
Chemical and Coating Corp., March 16, 2011

Voluntary Recognition

Sta. Lucia East Commercial Corporation v. Hon. Secretary Of Labor,

August 14, 2009

For reference:

Coastal Subic Bay Terminal v. DOLE, November 20, 2006

III. COLLECTIVE BARGAINING

Labor Code:

Arts. 250-254, 247-249, 261

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, t, bbb), Rules XVI-XVII, as

amended by D.O. 40-03
Art. 231, 212 (n), 260-262 (b), 277 (f,g,h)
Omnibus Rules, Book V, Rule XIX, XXI, as amended by D.O. 40-03

Union of Filipro Employees v. Nestle Phils., March 3, 2008

PAL v. PALEA, March 12, 2008
San Miguel Foods v. San Miguel Corporation Employees Union, October 5,
2007
Capitol Medical Center v. Trajano, June 30, 2005
Standard Chartered Bank Employees Union v. Confesor, June 16, 2004
General Milling Corporation v. CA, February 11, 2004
FVC Labor Union-Philippine Transport and General Workers Organization
(FVCLU-PTGWO) v. Sama-Samang Nagkakaisang Manggagawa Sa FVCSolidarity Of Independent And General Labor Organizations (SANAMAFVC-SIGLO), November 27, 2009
RFM Corporation v. KAMPI-NAFLU-KMU, February 4, 2009

Fulache v. ABS-CBN, GR No. 183810, January 21, 2010

Employees Union of Bayer v. Bayer Phils., December 6, 2010

General Milling Corp. Independent Labor Union v. General Milling, June

15, 2011
Malayan Employees Association v. Malayan Insurance Co., February 2,
2010
Santuyo v. Remerco Garments, March 22, 2010
Insular Hotel Employees Union v. Waterfront Insular Hotel, September 22,
2010
Cirtek Employees Labor Union v. Cirtek Electronics, November 15, 2010
Lepanto Ceramics v. Lepanto Ceramics Employees Association, March 2,
2010
PNCC Skyway Traffic Management & Security Division Workers
Organization v. PNCC Skyway Corp., February 17, 2010
Supreme Steel v. Nagkakaisang Manggagawa sa Supreme, March 28, 2011

For reference:

Halaguea, et al., and other flight attendants of Philippine Airlines v

Philippine Airlines, October 2, 2009
PASSI v. Boclot, September 28, 2007

IV. UNFAIR LABOR PRACTICES

Labor Code: Arts. 247-249, 261

Employees Union of Bayer Phils. v. Bayer Phils., December 6, 2010

Prince Transport v. Garcia, January 12, 2011
Manila Mining Employees Corp. v. Manila Mining, September 29, 2010
Central Azucarera de Bais Employees Union v. Central Azucarera de Bais,
Nov. 17, 2010

Union Security Clause

BPI v. BPI Employees Union, August 10, 2010 (Main Decision & Dissenting
Opinion)
General Milling Corp. v. Casio, March 10, 2010
PICOP Resources, Inc. v. Taeca, August 9, 2010

V. STRIKES, LOCKOUTS AND CONCERTED ACTIONS

Arts. 212 (o-s), 263-266, 254; Rules, Book V, Rule XXII, as amended by D.O.
40-03, and further amended by D.O. 40-A and D.O. 40-G-03 (2010)

Bukluran ng Manggagawa sa Clothman Knitting v. CA, January 17, 2005

Steel Corporation v. SCP Employees Union, April 16, 2008

Biflex Phils. v. Filflex Industrial & Manufacturing Corp., Dec. 19, 2006
Bascon & Cole v. CA, February 5, 2004
Toyota Motor Phils. Corp. Workers Association v. Toyota Motor Phils, Oct.
19, 2007
NUWHRAIN Dusit Hotel Nikko Chapter v. CA, November 11, 2008
Capitol Medical Center v. NLRC, GR 147080, April 26, 2005
Trans-Asia Shipping Lines-Unlicensed Crews Employees Union v. CA, July
7, 2004
Manila Diamond Hotel Employees Union v. CA, Secretary, December 16,
2004
Philcom Employees Union v. Phil. Global Communications, July 17, 2006
Nissan Motors v. Secretary, June 21, 2006
FEU-NRMF v. FEU-NRMFEA-AFW, October 16, 2006
Pilipino Telephone Corporation v. PILTEA, June 22, 2007
Club Filipino v. Bautista, July 13, 2009
Soriano Aviation v. Employees Association of A. Soriano Aviation, August
14, 2009
Jackbilt Industries v. Jackbilt Employees Union, March 20, 2009
Alcantara & Sons v. CA, GR G.R. No. 155109, September 29, 2010
PHIMCO Industries, Inc. v. PILA, August 11, 2010
Solidbank Corporation v. Gamier, November 15, 2010
Escario v. NLRC, September 27, 2010
Bagong Pagkakaisa ng Manggagawa sa Triumph v. Secretary, July 5, 2010
Fadriquelan v. Monterey Foods, June 8, 2011
Magdala Multipurpose & Livelihood v. KMLMS, October 19, 2011
Automotive Engine Rebuilders v. Progresibong Unyon ng mga
Manggagawa sa AER, July 13, 2011

VI. EMPLOYER-EMPLOYEE RELATIONSHIP

Elements of Relationship
Labor Code: Article 97 (a), (b), (c), (e); 167 (f), (g); 212 (e) & (f)
Cases:

Television and Production Exponents v. Servaa (GR 167648, January

28,2008)
ABS-CBN Broadcasting Corp. v. Nazareno (GR 164156, Sept. 26, 2006)
Fulache v. ABS-CBN (January 21, 2010)
(These three cases should be read in relation to Sonza v. ABS-CBN
Broadcasting Corporation [GR 138051, June 10, 2004])

Abella v. PLDT (GR 159469, June 8, 2005)

Consulta v. CA (GR 145443, March 18, 2005)
Villamaria v. CA (GR 165881, April 19, 2006)

Republic of the Philippines v. ASIAPRO Cooperative (GR 172101,

November
23, 2007)
Phil. Global Communications v. De Vera (GR 157214, June 7, 2005)
Coca Cola Bottlers v. Climaco (GR 146881, February 5, 2007)
Chavez v. NLRC (GR 146530, January 17, 2005)
Angelina Francisco v. NLRC (GR 170087, August 31, 2006)
Tongko v. Manufacturers Life Insurance (GR 167622, June 29, 2010 &
January 25, 2011)
Matling Industrial v. Coros (October 13, 2010)

Independent Contractors and Labor-Only Contractors

Labor Code: Art. 106-109
Department Order No. 18-A, series of 2011 (which amended D.O. No. 18, s.
2002)

Philippine Airlines v. Ligan (GR 146408, February 29, 2008)

San Miguel Corporation v. Aballa (GR 149011, June 28, 2005)
Meralco Industrial Engineering Services v. NLRC (GR 145402, March 14,
2008)
Manila Electric Company v. Benamira (GR 145271, July 14, 2005)
Dole Phils. v. Esteva (GR No. 161115, November 30, 2006)
Aliviado v. Procter and Gamble (GR 160506, March 9, 2010)
Temic Automotive v. Temic Automotive Phils. Employees Union (GR
186965, December 23, 2009)
Smart Communications v. Astorga (GR 148132, January 28, 2008)
Coca-Cola Bottlers v. Agito (GR 179546, February 13, 2009)
Manila Water v. Dalumpines (GR 175501, October 4, 2010)
Babas v. Lorenzo Shipping (GR 186091, December 15, 2010)
Teng v. Pahagac (GR 169704, November 17, 2010)

VII. CLASSES OF EMPLOYEES

Arts. 278, 280-281; Rules, Book VI, Secs. 5-6

Magis Young Achievers Learning Center v. Manalo, February 13, 2009

Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007
The Peninsula Manila v. Alipio, June 17, 2008
Rowell Industrial Corporation v. CA, March 7, 2007
ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
Kimberly Clark Phils. v. Secretary, November 23, 2007
Benares v. Pancho, April 29, 2005
Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005
Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March
18, 2005
6

St. Marys University v. CA, March 8, 2005

Poseidon Fishing v. NLRC, February 20, 2006
PLDT v. Arceo, May 5, 2006
Fulache v. ABS CBN, January 21, 2010
Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC,
March 30, 2011
Exodus International Construction v. Biscocho, February 23, 2011
DM Consunji v. Gobres, August 8, 2010
Mercado v. AMA Computer College, April 13, 2010

VIII. SECURITY OF TENURE

Arts. 277 (b), 279, 282-287; Rules, Book VI, Secs. 2, 5, 6, Book V, Rule XXIII
Just Causes

Salas v. Aboitiz One, June 27, 2008

RB Michael Press v. Galit, February 13, 2008
San Miguel Corporation v. NLRC, April 16, 2008
LBC Express v. Mateo, June 9, 2009
Genuino v. NLRC, December 4, 2007
Bughaw v. Treasure Island, March 28, 2008
Moreno v. San Sebastian College, March 28, 2008
Janssen Pharmaceutica v. Silayro, February 26, 2008
Suico v. NLRC, January 30, 2007
Perez & Doria v. PT&T, April 7, 2009
Bacolod-Talisay Realty v. Dela Cruz, April 30, 2009

Authorized Causes

Andrada v. NLRC, December 28, 2007

Manatad v. PT&T, March 7, 2008
Linton Commercial v. Hellera, October 10, 2007
AMA Computer College v. Garcia, April 14, 2008
GSWU-NAFLU-KMU v. NLRC, October 17, 2006
Dickinson Philippines v. NLRC, November 15, 2005
PT & T v. NLRC, April 15, 2005
Oriental Petroleum v. Fuentes, October 14, 2005
FASAP v. PAL, July 22, 2008 and October 2, 2009

Constructive Dismissal/Preventive Suspension

Maricalum v. Decorion, April 12 2006

Uniwide Sales v. NLRC, February 29, 2008
Norkis Trading v. Genilo, February 11, 2008
Fungo v. Lourdes School, July 27, 2007

The University of the Immaculate Conception v. NLRC, January 26, 2011

Robinsons Galleria/Robinsons Supermarket Corp. v. Ranchez, January 19,
2011

Union Security Clause

Alabang Country Club v. NLRC, February 14, 2008

Inguillo v. First Philippine Scales, June 5, 2009
General Milling Corp. v. Casio, March 10, 2010

Disease

Crayons Processing v. Pula, July 30, 2007

Villaruel v. Yeo Han Guan, June 1, 2011

Temporary Suspension of Operations/Floating Status

Manila Mining Corp. Employees Association v. Manila Mining Corp.,

September 29, 2010
Nippon Housing v. Leynes, August 3, 2011

Illegal Strike

Jackbilt Industries v. Jackbilt Employees Union, March 20, 2009

Suspension

Caong v. Regualos, January 26, 2011

Consequences of Dismissal

Composite Enterprises v. Caparoso, August 8, 2007

Sagum v. CA, May 26, 2005
Agabon v. NLRC, November 17, 2004
Jaka Food Processing v. Pacot, March 28, 2005
Industrial Timber v. Ababon, March 30, 2006
Equitable Banking v. Sadac, June 8, 2006
Carlos v. CA, August 28, 2007
Tomas Claudio Memorial College v. CA, February 16, 2004
Chronicle Securities v. NLRC, November 25, 2004
Intercontinental Broadcasting v. Benedicto, July 20, 2006
Velasco v. NLRC, June 26, 2006
PCIB v. Abad, February 28, 2005
Bago v. NLRC, April 4, 2007
Panuncillo v. CAP Phils., February 9, 2007
Garcia v. Philippine Airlines, January 20, 2009
Islriz v.Capada, January 31, 2011

Lansangan v. Amkor Technology Philippines, January 30, 2009

Palteng v. UCPB, February 27, 2009
Alcantara & Sons v. CA, September 29, 2010
Aboc v. Metrobank, December 13, 2010
Prince Transport v. Garcia, January 12, 2011
Robinsons Galleria/Robinsons Supermarket Corp. v. Ranchez, January 19,
2011
Pfizer v. Velasco, March 9, 2011
Luna v. Allado Construction, May 30, 2011
Villaruel v. Yeo Han Guan, June 1, 2011
IX. DISPUTE SETTLEMENT

Labor Code: Arts. 128-129, 213-226, 254, 260-262-B, 263 (g-i), 273-275, 277
(b), 290-292, note the amendments introduced by R.A. 9347
Executive Order No. 126 & 251

Peoples Broadcasting v. Secretary, May 8, 2009

Diokno v. Cacdac, July 4, 2007
Jaguar Security v. Sales, April 22, 2008
Pioneer Concrete Philippines v. Todaro, June 8, 2007
Tegimenta Chemical Phils. v. Buensalida, June 17, 2008
Metro Transit Organization v. PIGLAS NFWU-KMU, April 14, 2008
Hacienda Valentin-Balabag v. Secretary, February 11, 2008
Pentagon Steel Corp. v. CA, June 26, 2009
Masmud v. NLRC, February 13, 2009
Negros Metal Corp. v. Lamayo, August 25, 2010
Albert Teng Fish Trading v. Pahagac, November 17, 2010

X. WORKING CONDITIONS
A. Coverage
Labor Code: Article 82
Omnibus Rules: Book III, Rule I, Sections 1-2
B. Hours of Work
Labor Code: Articles 83-90
Omnibus Rules: Book III, Rule I, Sections 3-11, Rule I-A, Rule II
C. Rest Periods and Holidays
Labor Code: Articles 91-94
Executive Order 203 (1987)
Omnibus Rules: Book III, Rules III-IV
R.A. 9849, December 11, 2009

D. Service Charge and Service Incentive Leave

Labor Code: Articles 95-96
Omnibus Rules: Book III, Rule V-VI

XI. WAGES
A. Concept and Definition
Labor Code: Article 97-98
Omnibus Rules: Book III, Rule VII, Sections 2-9
B. Wage-Fixing
Labor Code: Articles 99-101, 120-127
R.A. 6727, R.A. 8188
C. Payment of Wages
Labor Code: Articles 102-105, 112-119
Omnibus Rules: Book III, Rule VIII
D. Liability for Wages
Labor Code: Articles 105-111
D.O. 18, 2002, Sections 7 & 19
E. Thirteenth-Month Pay
Presidential Decree 851 (1975)
Revised Guidelines on the Implementation of the 13th Month Pay
Law

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