Labor Law Review

INTRODUCTION
LABOR means physical toil

SALARY came from the Greek word Salarium which means salt
LABOR STANDARDS minimum requirements prescribed by existing laws,

rules and regulations relating to hours of work, cost of living allowance and
other monetary and welfare benefits including occupational, safety and
health standards
LABOR RELATIONS
KINDS OF LABOR LAWS

I.
LABOR STANDARDS LAWS
Laws, rules and regulations that set the minimum requirements
for terms and conditions of employment such as wages, hours of
work, etc
II.
LABOR LAWS & SOCIAL LEGISLATIONS

Laws, rules and regulations that promote welfare of all sectors of
society. This includes laws that provide particular kinds of
protection or benefits to the society, in furtherance of social
justice.
Not all social legislation are labor laws.
SOURCES OF LABOR LAWS

I.
1987 Constitution
Art II, Sec 10
Section 10. The State shall promote social justice in all
phases of national development.
Art II, Sec 18

Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Art XII, Sec 12

Section 12. The State shall promote the preferential use
of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them
competitive.
Art XIII, Sec 1
CHARINA FLOR A. CACHO
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Section 1. The Congress shall give highest priority to the

enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
Art XIII, Sec 3*

Section 3. The State shall afford full protection to
labor,
local
and
overseas,
organized
and
unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to
strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and
decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers
and employers, recognizing the right of labor to its just
share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to
expansion and growth.
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*2009 Bar Exam Question

Policies which were not covered in the Labor Code:
principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes
regulation of relations bet workers and employees
creation of economic opportunities
*2006 Bar Exam Question

The purpose of labor legislation.
Art XIII, Sec 14

Section 14. The State shall protect working women by
providing safe and healthful working conditions, taking
into account their maternal functions, and such facilities
and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of
the nation.
Constitutional Provisions are not self-executing.

Jurisprudence:
Agabon vs NLRC:
The constitutional mandates of protection to labor
and security of tenure may be deemed as selfexecuting in the senses that these are
automatically acknowledged and observed without
need for any enabling legislation. However to
declare that the constitutional provisions are
enough to guarantee the full exercise of the rights
embodied therein, and the realization of ideals
therein expressed, would be impractical, if not
unrealistic. The espousal of such view presents
dangerous tendency of being overboard and
exaggerated.
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Serrano vs Gallant Maritime Services, Inc.

Thus Sec 3, Art XIII cannot be treated as a principal
source of direct enforceable rights, for the violation
of which the questioned case may be declared
unconstitutional. It may unwittingly risk opening
the floodgates of litigation to every worker or union
over every conceivable violation of so broad a
concept as social justice for labor.
II.
Civil Code
Art. 1700. The relations between capital and labor are not merely
contractual. They are so impressed with public interest that labor
contracts must yield to the common good. Therefore, such contracts are
subject to the special laws on labor unions, collective bargaining, strikes
and lockouts, closed shop, wages, working conditions, hours of labor and
similar subjects.
Art. 1701. Neither capital nor labor shall act oppressively against the
other, or impair the interest or convenience of the public.
Art. 1702. In case of doubt, all labor legislation and all labor contracts
shall be construed in favor of the safety and decent living for the laborer.
Art. 1703. No contract which practically amounts to involuntary servitude,
under any guise whatsoever, shall be valid.
Art. 1704. In collective bargaining, the labor union or members of the
board or committee signing the contract shall be liable for non-fulfillment
thereof.
Art. 1705. The laborer's wages shall be paid in legal currency.
Art. 1706. Withholding of the wages, except for a debt due, shall not be
made by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods manufactured
or the work done.
Art. 1708. The laborer's wages shall not be subject to execution or
attachment, except for debts incurred for food, shelter, clothing and
medical attendance.
Art. 1709. The employer shall neither seize nor retain any tool or other
articles belonging to the laborer.
Art. 1710. Dismissal of laborers shall be subject to the supervision of the
Government, under special laws.
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III.
Revised Penal Code

Art. 288. Other similar coercions; (Compulsory purchase of merchandise
and payment of wages by means of tokens.) The penalty of arresto
mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed
upon any person, agent or officer, of any association or corporation who
shall force or compel, directly or indirectly, or shall knowingly permit any
laborer or employee employed by him or by such firm or corporation to be
forced or compelled, to purchase merchandise or commodities of any
kind.
The same penalties shall be imposed upon any person who shall pay the
wages due a laborer or employee employed by him, by means of tokens
or objects other than the legal tender currency of the laborer or
employee.
BASES OF LABOR LAWS

I.
POLICE POWER
It is the inherent power of the State to regulate rights and liberty for the
common good.
Jurisprudence:
JMM vs CA:
The latin maxim salus populi est surprema lex embodies the character
of the entire spectrum of public laws aimed at promoting the general
welfare of the people under the State's police power. As an inherent
attribute of sovereignty which virtually "extends to all public needs,"
this "least limitable" 3 of governmental powers grants a wide panoply
of instruments through which the state, as parens patriae gives effect
to a host of its regulatory powers.
Assoc de Agricultures de Talisy-Silay vs Talisay-Silay Milling
Co.Serrano:
True it is that, as counsel for the centrals contend, police power cannot
be resorted to just any time the legislature wishes, but it is not correct
to say that it is indispensable that exceptional circumstances must
exist before police power can be exercised. As very aptly pointed out
by the able amicus curiae, Attys. Tanada Teehankee and Carreon, gone
are the days when courts could "be found adhering to the doctrine that
interference with contracts can only be justified by exceptional
circumstances", for the "test of validity today under the due process
clause, even in the case of legislation interfering with existing
contracts, is reasonableness, as held by this Honorable Supreme Court
in the case of People vs. Zeta. In other words, freedom from
arbitrariness, capriciousness and whimsicality is the test of
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constitutionality." (p. 17, Brief of Amicus Cuiae in Behalf of SilaySaravia Planters' Association, Attys. Tanada Teehankee and Carreon.)
And there is not enough showing here of unreasonableness in the
legislation in question. Quite to the contrary, as win be discussed anon
We find all the provisions of the impugned act to be germane to the
end being pursued.
But it is not police power alone that sustains the validity of the
statutory provision in dispute. Having in view its primary objective to
promote the interests of labor, it can never be possible that the State
would be bereft of constitutional authority to enact legislations of its
kind. Here, in the Philippines, whenever any government measure
designed for the advancement of the working class is impugned on
constitutional grounds and shadows of doubt are cast over the scope
of the State's prerogative in respect thereto, the imperious mandate of
the social justice Ideal consecrated in our fundamental laws, both the
old and the new asserts its majesty, upon the courts to accord utmost
consideration to the spirit animating the act assailed, not just for the
sake of enforcing the explicit social justice provisions of the article on
"Declaration of Principles and State Policies", but more fundamentally,
to serve the sacred cause of human dignity, which is actually what lies
at the core of those constitutional precepts as it is also the decisive
element always in the determination of any controversy between
capital and labor.
II.
SOCIAL JUSTICE
Promotion of the welfare of ALL THE PEOPLE
Those who have less in life shall have more in law.
Jurisprudence:
Calalang vs Williams:
"Social justice is 'neither communism, nor despositism, nor atomism
nor anarchy,' but the humanization of laws and the equalization of
social and economic forces by the State so that justice in its rational
and objectively secular conception may at least be approximated.
Social justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure
economic stability of all the component elements of society, through
the maintenance of a proper economic and social equilibrium in the
inter-relations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of salus
populi est suprema lex."
.
PLDT vs NLRC, Aug 1988
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The policy of social justice is not intended to countenance wrongdoing

simply because it is committed by the underprivileged. At best it may
mitigate the penalty but it certainly will not condone the offense.
Compassion for the poor is an imperative of every humane society but
only when the recipient is not a rascal claiming an undeserved
privilege. Social justice cannot be permitted to be refuge of scoundrels
any more than can equity be an impediment to the punishment of the
guilty. Those who invoke social justice may do so only if their hands
are clean and their motives blameless and not simply because they
happen to be poor. This great policy of our Constitution is not meant
for the protection of those who have proved they are not worthy of it,
like the workers who have tainted the cause of labor with the
blemishes of their own character.
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THE LABOR CODE OF THE PHILIPPINES

LABOR STANDARDS
Book I
Book II
Book III
Book IV
Pre Employment
Human Resources Development
Conditions of Employment
Health, Safety & Social Welfare Benefits
LABOR RELATIONS
Book V
Labor Relations
Book VI
Post Employment
Book VII
Transitory & Final Provisions
SOCIAL LEGISLATIONS
TH
13 Month Pay Law

Social Security Act of 1997
PhilHealth
Employees Comensation Program
Solo Welfare Act of 2000
GSIS Law
R.A. 7699
Portability Law
R.A. 8042
Migrant Workers Act
R.A. 7796
Technical Education and Skills Development Authority
TESDA Law
R.A. 9442
Re special benefits of persons with Disabilities
Amending R.A. 7277
R.A. 9849
Re the Proclamation of Eidhl Adha as a National Holiday
R.A. 9492
Re the Declaration of Regular Holidays &
Nationwide Special Holidays
R.A. 6727
Wage Rationalization Act
R.A. 8282
SSS Law
R.A. 9710
Magna Carta for Women
R.A. 9262
Anti-Violence Against Women and their Children
R.A. 9995
Anti-Photo and Video Voyeurism Act of 2009
R.A. 7610
Special Protection of Children against Abuse,

Exploitation & Discrimination Act
R.A. 10150
Provisions re Nightworkers, Repealing Art 130 and 131
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LABOR LAW REVIEW

A. FUNDAMENTAL PRINCIPLES & POLICIES
1. Constitutional Provisions
a.
Article II
Section 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all
phases of national development.
Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Section 13. The State recognizes the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
Section 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental
equality before the law of women and men.
Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Section 20. The State recognizes the indispensable role of
the private sector, encourages private enterprise, and
provides incentives to needed investments.
b.
Article III
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Section 1. No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person
be denied the equal protection of the laws.
Section 4. No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the
government for redress of grievances.
Section 8. The right of the people, including those
employed in the public and private sectors, to form
unions, associations, or societies for purposes not
contrary to law shall not be abridged.
c.
Article XIII
Section 1. The Congress shall give highest priority to the

enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
Section 3. The State shall afford full protection to

labor,
local
and
overseas,
organized
and
unorganized, and promote full employment and

equality of employment opportunities for all.
It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to
strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and
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decision-making processes affecting their rights and

benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers
and employers, recognizing the right of labor to its just
share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to
expansion and growth.
2. New Civil Code
Art. 1700. The relations between capital and labor are not merely
contractual. They are so impressed with public interest that labor
contracts must yield to the common good. Therefore, such contracts
are subject to the special laws on labor unions, collective bargaining,
strikes and lockouts, closed shop, wages, working conditions, hours of
labor and similar subjects.
Art. 1701. Neither capital nor labor shall act oppressively against the
other, or impair the interest or convenience of the public.
Art. 1702. In case of doubt, all labor legislation and all labor contracts
shall be construed in favor of the safety and decent living for the
laborer.
Art. 1703. No contract which practically amounts to involuntary
servitude, under any guise whatsoever, shall be valid.
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Art. 1704. In collective bargaining, the labor union or members of the

board or committee signing the contract shall be liable for nonfulfillment thereof.
Art. 1705. The laborer's wages shall be paid in legal currency.
Art. 1706. Withholding of the wages, except for a debt due, shall not
be made by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods
manufactured or the work done.
Art. 1708. The laborer's wages shall not be subject to execution or
attachment, except for debts incurred for food, shelter, clothing and
medical attendance.
Art. 1709. The employer shall neither seize nor retain any tool or other
articles belonging to the laborer.
Art. 1710. Dismissal of laborers shall be subject to the supervision of
the Government, under special laws.
3. Labor Code
a.
Article 3
Article 3. Declaration of basic policy. The State shall afford protection to
labor, promote full employment, ensure equal work opportunities regardless
of sex, race or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of
work.
b.
Article 211
Article 211. Declaration of Policy.
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It is the policy of the State:

To promote and emphasize the primacy of free collective bargaining and
negotiations, including voluntary arbitration, mediation and conciliation, as
modes of settling labor or industrial disputes;
To promote free trade unionism as an instrument for the enhancement of
democracy and the promotion of social justice and development;
To foster the free and voluntary organization of a strong and united labor
movement;
To promote the enlightenment of workers concerning their rights and
obligations as union members and as employees;
To provide an adequate administrative machinery for the expeditious
settlement of labor or industrial disputes;
To ensure a stable but dynamic and just industrial peace; and
To ensure the participation of workers in decision and policy-making
processes affecting their rights, duties and welfare.
To encourage a truly democratic method of regulating the relations between
the employers and employees by means of agreements freely entered into
through collective bargaining, no court or administrative agency or official
shall have the power to set or fix wages, rates of pay, hours of work or other
terms and conditions of employment, except as otherwise provided under
this Code. (As amended by Section 3, Republic Act No. 6715, March 21,
1989)
c.
Article 212
Article 212. Definitions.
"Commission" means the National Labor Relations Commission or any of its
divisions, as the case may be, as provided under this Code.
"Bureau" means the Bureau of Labor Relations and/or the Labor Relations
Divisions in the regional offices established under Presidential Decree No.
1, in the Department of Labor.
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"Board" means the National Conciliation and Mediation Board established

under Executive Order No. 126.
"Council" means the Tripartite Voluntary Arbitration Advisory Council
established under Executive Order No. 126, as amended.
"Employer" includes any person acting in the interest of an employer,
directly or indirectly. The term shall not include any labor organization or any
of its officers or agents except when acting as employer.
"Employee" includes any person in the employ of an employer. The term
shall not be limited to the employees of a particular employer, unless the
Code so explicitly states. It shall include any individual whose work has
ceased as a result of or in connection with any current labor dispute or
because of any unfair labor practice if he has not obtained any other
substantially equivalent and regular employment.
"Labor organization" means any union or association of employees which
exists in whole or in part for the purpose of collective bargaining or of
dealing with employers concerning terms and conditions of employment.
"Legitimate labor organization" means any labor organization duly
registered with the Department of Labor and Employment, and includes any
branch or local thereof.
"Company union" means any labor organization whose formation, function
or administration has been assisted by any act defined as unfair labor
practice by this Code.
"Bargaining representative" means a legitimate labor organization whether
or not employed by the employer.
"Unfair labor practice" means any unfair labor practice as expressly defined
by the Code.
"Labor dispute" includes any controversy or matter concerning terms and
conditions of employment or the association or representation of persons in
negotiating, fixing, maintaining, changing or arranging the terms and
conditions of employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.
"Managerial employee" is one who is vested with the powers or prerogatives
to lay down and execute management policies and/or to hire, transfer,
suspend, lay-off, recall, discharge, assign or discipline employees.
Supervisory employees are those who, in the interest of the employer,
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effectively recommend such managerial actions if the exercise of such

authority is not merely routinary or clerical in nature but requires the use of
independent judgment. All employees not falling within any of the above
definitions are considered rank-and-file employees for purposes of this
Book.
"Voluntary Arbitrator" means any person accredited by the Board as such or
any person named or designated in the Collective Bargaining Agreement by
the parties to act as their Voluntary Arbitrator, or one chosen with or without
the assistance of the National Conciliation and Mediation Board, pursuant to
a selection procedure agreed upon in the Collective Bargaining Agreement,
or any official that may be authorized by the Secretary of Labor and
Employment to act as Voluntary Arbitrator upon the written request and
agreement of the parties to a labor dispute.
"Strike" means any temporary stoppage of work by the concerted action of
employees as a result of an industrial or labor dispute.
"Lockout" means any temporary refusal of an employer to furnish work as a
result of an industrial or labor dispute.
"Internal union dispute" includes all disputes or grievances arising from any
violation of or disagreement over any provision of the constitution and by
laws of a union, including any violation of the rights and conditions of union
membership provided for in this Code.
"Strike-breaker" means any person who obstructs, impedes, or interferes
with by force, violence, coercion, threats, or intimidation any peaceful
picketing affecting wages, hours or conditions of work or in the exercise of
the right of self-organization or collective bargaining.
"Strike area" means the establishment, warehouses, depots, plants or
offices, including the sites or premises used as runaway shops, of the
employer struck against, as well as the immediate vicinity actually used by
picketing strikers in moving to and fro before all points of entrance to and
exit from said establishment. (As amended by Section 4, Republic Act No.
6715, March 21, 1989)
d.
Article 255
Article 255. Exclusive bargaining representation and workers participation
in policy and decision-making. The labor organization designated or
selected by the majority of the employees in an appropriate collective
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bargaining unit shall be the exclusive representative of the employees in

such unit for the purpose of collective bargaining. However, an individual
employee or group of employees shall have the right at any time to present
grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the
right, subject to such rules and regulations as the Secretary of Labor and
Employment may promulgate, to participate in policy and decision-making
processes of the establishment where they are employed insofar as said
processes will directly affect their rights, benefits and welfare. For this
purpose, workers and employers may form labor-management councils:
Provided, That the representatives of the workers in such labormanagement councils shall be elected by at least the majority of all
employees in said establishment. (As amended by Section 22, Republic Act
No. 6715, March 21, 1989)
B. RECRUITMENT & PLACEMENT

1. Recruitment of Local & Migrant Workers
a.
Definition of Recruitment and Placement
Art 13b Labor Code. Recruitment and placement
Recruitment and placement refers to any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring
workers, and includes referrals, contract services, promising or
advertising for employment, locally or abroad, whether for profit
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 and
placement.
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CASE ASSIGNMENT:
People vs Hon. Domingo Panis
Facts:
Serapio Abug was charged with illegal recruitment in 4
criminal information.
Abug filed a motion to quash these
information, contending that Art13b of the Labor codes provides

that there shall be illegal recruitment only if recruitment and
placement was committed against two or more persons.
The Office of the Solicitor General argued that the
requirement that there should be two or more persons if the
recruitment consists of an offer or promise of employment to such
persons and always for a fee.
Issue: Whether or not the clause two or more persons should
be construed as a requirement for the commission of illegal
recruitment
Ruling: The SC held:
xx The proviso merely lays down a rule of
evidence that where a fee is collected in
consideration
employment
of
to
a
two
promise
or
more
or
offer
of
prospective
workers, the individual or entity dealing with

them shall be deemed to be engaged in the act
a) License vs Authority
License is a document issued by the DOLE authorizing a
person or entity to operate a private recruitment
employment agency. A licensee is authorized to collect
fees.
Authority is a document issued by the DOLE authorizing
a person or association to engage in recruitment and
placement activities as a private recruitment agency.
b) Essential Elements of Illegal Recruitment

It is well settled that to prove illegal recruitment, it must
be shown that appellant gave complainants the distinct
impression that he had the power or ability to send
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complainants abroad for work such that the latter were

convinced to part with their money in order to be
employed. Appellants act of promising the private
complainants that they will be deployed abroad within
three months after they have paid the cash bond clearly
shows that he is engaged in illegal recruitment. People
vs Gasacao
To prove illegal recruitment, only two elements
need to be shown: (1) the person charged with the
crime must have undertaken recruitment activities
and (2) the said person does not have a license or
authority to do so. People vs de Leon, Feb 7,
1997
There is illegal recruitment when one gives the
impression of aving the ability to send a worker
abroad. People vs Goce, Aug 29, 1995
Article 38. Illegal recruitment.

Any recruitment activities, including the prohibited
practices enumerated under Article 34 of this Code, to be
undertaken by non-licensees or non-holders of authority,
shall be deemed illegal and punishable under Article 39 of
this Code. The Department of Labor and Employment or
any law enforcement officer may initiate complaints
under this Article.
Illegal recruitment when committed by a syndicate or in
large scale shall be considered an offense involving
economic sabotage and shall be penalized in accordance
with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise
or scheme defined under the first paragraph hereof.
Illegal recruitment is deemed committed in large scale if
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committed against three (3) or more persons individually

or as a group.
Article 34. Prohibited practices. It shall be unlawful for

any individual, entity, licensee, or holder of authority:
To charge or accept, directly or indirectly, any amount
greater than that specified in the schedule of allowable
fees prescribed by the Secretary of Labor, or to make a
worker pay any amount greater than that actually
received by him as a loan or advance;
To furnish or publish any false notice or information or
document in relation to recruitment or employment;
To give any false notice, testimony, information or
document or commit any act of misrepresentation for the
purpose of securing a license or authority under this
Code.
To induce or attempt to induce a worker already
employed to quit his employment in order to offer him to
another unless the transfer is designed to liberate the
worker from oppressive terms and conditions of
employment;
To influence or to attempt to influence any person or
entity not to employ any worker who has not applied for
employment through his agency;
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;
To obstruct or attempt to obstruct inspection by the
Secretary of Labor or by his duly authorized
representatives;
To fail to file reports on the status of employment,
placement vacancies, remittance of foreign exchange
earnings, separation from jobs, departures and such other
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matters or information as may be required by the

Secretary of Labor.
To substitute or alter employment contracts approved and
verified by the Department of Labor from the time of
actual signing thereof by the parties up to and including
the periods of expiration of the same without the approval
of the Secretary of Labor;
To become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel
agency; and
To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under this
Code and its implementing rules and regulations.
R.A. 8042, as amended by RA 10022

Sec. 6. DEFINITIONS. For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring
workers and includes referring, contact services,
promising or advertising for employment abroad, whether
for profit or not, when undertaken by a non-license or
non-holder of authority contemplated under Article 13(f)
of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines. Provided, that
such non-license 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 the following acts, whether committed by
any persons, whether a non-licensee, non-holder, licensee
or holder of authority.
(a) To charge or accept directly or indirectly any amount
greater than the specified in the schedule of allowable
fees prescribed by the Secretary of Labor and
Employment, or to make a worker pay any amount
greater than that actually received by him as a loan or
advance;
LABOR LAW REVIEW 20

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(b) To furnish or publish any false notice or information or

(c) To give any false notice, testimony, information or
purpose of securing a license or authority under the Labor
Code;
(d) To induce or attempt to induce a worker already
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of
employment;
(e) To influence or attempt to influence any persons or
entity not to employ any worker who has not applied for
(f) To engage in the recruitment of placement of workers
in jobs harmful to public health or morality or to dignity of
the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly
authorized representative;
(h) To fail to submit reports on the status of employment,
placement vacancies, remittances of foreign exchange
earnings, separations from jobs, departures and such
other matters or information as may be required by the
Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the
Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including
the period of the expiration of the same without the
approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement
agency to become an officer or member of the Board of
any corporation engaged in travel agency or to be
engaged directly on indirectly in the management of a
travel agency;
(k) To withhold or deny travel documents from applicant
LABOR LAW REVIEW 21

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considerations other than those authorized under the

Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and Employment;
and
(m) Failure to reimburse expenses incurred by the
workers in connection with his documentation and
processing for purposes of deployment, in cases where
the deployment does not actually take place without the
worker's fault. Illegal recruitment when committed by a
syndicate or in large scale shall be considered as offense
involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate
carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is
deemed committed in large scale if committed against
three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are
the principals, accomplices and accessories. In case of
juridical
persons,
the
officers
having
control,
management or direction of their business shall be liable.
c) Simple Illegal Recruitment

Simple Illegal Recruitment is the act of recruiting and
placing one or two workers abroad without the required
license or authority, committed by one to two persons.
Penalty:
Imprisonment of not less than 12 yrs and 1 day to not
more than 20 yrs; and
Fine of not less than 1M to not more than 2M.
d) Illegal Recruitment in Large Scale

Illegal recruitment is deemed committed by a syndicate
if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in
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carrying
out
any unlawful
or illegal transaction,
enterprise or scheme defined under the first paragraph
hereof. Illegal recruitment is deemed committed in large
scale if committed against three (3) or more persons
individually or as a group. People vs Calonzo, February
27, 1996
Case Assignment:
People vs Hashim
Facts:
Accused Hashim, Macky and a certain Tas, a certain Jun
and Neneng were charged with syndicated

committed against four women.
illegal recruitment
The latter were promised a
decent job abroad but were instead brought to Malaysia to work as

prostitutes.
Only Neneng and Hashim were arrested and
arraigned.
Accused Neneng contends that the charge should not be
syndicated illegal recruitment because there were only two of
them and that the other accused remain at large.
Issue: Whether or not the three accused should be arrested and
arraigned in order for syndicated illegal recruitment to propser
Ruling: The SC held that the
xx it was established beyond reasonable doubt
that accused-appellant, together with at least two
other persons, came to an agreement to commit
the felony and decided to commit it. It is not
necessary to show that two or more persons met
together and entered into an explicit agreement
laying down the details of how an unlawful scheme
or objective is to be carried out. Conspiracy may be
deduced from the mode and manner in which the
offense was perpetrated; or from the acts of the
e) Illegal Recruitment as Economic Sabotage

Illegal recruitment is deemed committed in large scale if
committed against three or more persons individually or
as a group. In this case, five complainants testified
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against appellants acts of illegal recruitment, thereby

rendering his acts tantamount to economic sabotage.
Under Section 7 (b) of RA No. 8042, the penalty of life
imprisonment and a fine of not less than P500,000.00 nor
more than P1,000.000.00 shall be imposed if illegal
recruitment constitutes economic sabotage. People vs
Gasacao
Penalty:
Life Imprisonment; and
f) Illegal Recruitment filed against employees (added based

on the lecture)
Employees are liable as illegal recruiters when there is
conspiracy to recruit without the necessary
license/authority.
In the case of People vs Cabais, the High Court held
Cabais, an employee and an applicant herself, liable. She
acted directly and participated in the recruitment
activities of her employer RSEA which did not have the
necessary license to recruit. Cabais also represented
herself to the applicant that RSEA can send them abroad
for work.
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Case Assignment:
People vs Cabais
Facts: Accused Cabais was an employee of Red Sea Employment
Agency, owned by Anita Forneas. They, along with Harm Yong Ho,
recruited without a license/authority six individuals to be sent to
Korea.
Cabais and Ho were arrested while Forneas remained at
large. RTC convicted them of syndicated illegal recruitment.
Cabais, appealed the decision contending that she was a mere
employee of RSEA and should not be held liable for illegal
recruitment. She was just running the errands of her boss,
Forneas.
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Case Assignment:
People vs Cabais
Ruling: The SC held Cabais liable to wit:
xx An employee of a company or corporation
engaged in illegal recruitment may be held liable
as principal, together with his employer, if it is
shown
that
he
actively
and
participated in illegal recruitment.
consciously
Recruitment is
21
"any act of canvassing, enlisting, contracting,

transporting, utilizing, hiring or procuring workers,
and includes referrals, contract services, promising
or advertising for employment, locally or abroad,
whether for profit 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
placement."
engaged
in
recruitment
and
In this case, evidence showed that
accused-appellant was the one who informed

complainants of job prospects in Korea and the
requirements for deployment. She also received
money from them as placement fees. All of the
complainants testified that they personally met
accused-appellant
and
regarding the overseas
transacted
with
her
job placement offers.
Complainants parted with their money, evidenced
In the case of People vs Gamboa, the accused contended

that she did not give a misrepresentation to the applicant
that she can send them abroad. However, the High Court
was quick to rule that it was not required that there was a
misrepresentation. It was enough that the accused gave
an impression that she can send them abroad for work.
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Case Assignment:
People vs Gamboa
Facts: Accused Gamboa was an office assistant in a recruitment
agency in Ermita Manila. The agency operated without the
required license. An entrapment operation was conducted by the
task force of Anti-Illegal Recruitment leading to her arrest.
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Case Assignment:
People vs Gamboa
Gamboa posits that she is merely a clerk who processes
the papers at the office. She interposed the defense of denial, as
well as that she herself was an applicant for placement abroad.
People countered that Gamboa herself conducted recruitment and
placement activities. Gamboa was also not licensed by the POEA
to conduct said recruitment.
Issue: Whether or not Gamboa, being a mere office clerk, may be
made liable for illegal recruitment activities
Ruling: The SC held Gamboa liable to wit:
xx Accused-appellant Lourdes Gamboa was the
office assistant who answered the queries of
applicants and performed clerical work. Conspiracy
to defraud aspiring overseas contract workers was
evident from the acts of the malefactors whose
conduct before, during and after the commission of
the crime clearly indicated that they were one in
purpose and united in its execution. Direct proof of
previous agreement to commit a crime is not
necessary as it may be deduced from the mode
and manner in which the offense was perpetrated
or inferred from the acts of the accused pointing to
a joint purpose and design, concerted action and
community of interest. xx
xx At any rate, the lack of criminal intent
on the part of an accused - assuming ex-gratia
argumenti that
accused-appellant
was
indeed
unaware of the illegal nature of the recruitment

business of her co-accused - is hardly a defense in
the prosecution for illegal recruitment. It must be
emphasized
that Illegal
Recruitment
in
Large
Scale penalized under The Migrant Workers and

Overseas Filipinos Act of 1995, a special law,
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Case Assignment:
People vs Gamboa
xx Suffice it to say that an illegal recruiter
need not expressly represent to the victim that she
has the ability to send workers abroad. It is enough
that she gives the impression of her ability to enlist
workers for job placement abroad in order to
induce them to tender payment of fees, as what
accused-appellant had done to the complainants in
this case. xx
In the case People vs Goce, the Supreme Court reiterated

the same ruling from People vs Gamboa. It was the
making of impression that is enough to justify conviction
of illegal recruitment.
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Case Assignment:
People vs Spouses Goce
Facts: Nellie Agustin was charged with syndicated and llarge
scale illegal recruitment along with spouse Dan and Loma Goce.
Agustin contended that she merely introduced the applicants to
the spouses and did not participate directly in the recruitment
activities. She posits that there was no conspiracy to recruit.
Issue: WON Agustin actively and directly recruited applicants for
employment abroad.
Ruling: The Supreme Court held that the act of introducing is
included in the definition of recruitment as making referrals, to
wit:
xx referral
is
the act of
passing
along or
forwarding of an applicant for employment after an

initial
interview
of
selected
applicant
for
employment to a selected employer, placement

officer or bureau.
There is illegal recruitment
when one gives the impression of having the ability

to send a worker abroad."
appellant
gave
It is undisputed that
complainants
the
distinct
impression that she had the power or ability to

send people abroad for work such that the latter
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Case Assignment:
People vs Gallardo
Facts: Remedios Malapit, along with Nenita Gallardo, was charged
with large-scale illegal recruitment. Malapit contended that she
did not convince nor promise the applicants any employment
abroad nor did she accept payments from them.
Issue: WON Remedios Malapit committed any act of illegal
recruitment.
Ruling: The Supreme Court convicted Malapit of large-scale illegal
recruitment. It held:
xx , the evidence against accused-appellant has
established beyond a shadow of doubt that she
actively collaborated with co-accused Gallardo in
illegally
recruiting
the
complainants
in
this
case. As correctly pointed out by the trial court,

the private complainants in this case would not
have been induced to apply for a job in Canada
were it not for accused-appellants information,
recruitment,
and
introduction
of
the
private
complainants to her co-accused Gallardo.

Illegal recruitment is committed when it is shown
that
the
accused-appellant
gave
the
private
complainants the distinct impression that she had

the power or ability to send complainants abroad
for work such that the latter were convinced to part
In the case of People vs Alforte, the Supreme Court

likewise ruled that in syndicated illegal recruitment, there
is conspiracy to be established among the recruiters.
Each person plays a definite role such that conviction for
syndicated illegal recruitment is justified.
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Case Assignment:
People vs Alforte
Facts: Dino Alforte and his group were charged with syndicated
illegal recruitment. They were alleged to have charged placement
and processing fees against their applicants but failed to provide
the promised employment to Saipan. It was found that the group
did not have the necessary license or authority to conduct illegal
recruitment.
Issue: WON Alforte and his cohorts acted in conspiracy and
confederated with each other to commit syndicated illegal
recruitment
Ruling: The Supreme Court held that there was conspiracy to wit:
xx It was accused-appellant's assurances and
promises
of
employment
abroad
which
had
induced them to part with large sums of money.

The
five
culprits
including
accused-appellant
represented themselves as a group; hence when

private complainants paid the sums of money to
accused-appellant, the issuance of the receipts by
the other members would be entirely reasonable
and proper. In fact, this delineation of their
respective roles strongly shows that the group
In the case of People vs Chowdury, the Supreme Court

held that an employee who did not know that there the
employer has no license or that the employer did not
register his name with POEA did not conspire with the
employer for the commission of the illegal recruitment.
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Case Assignment:
People vs Chowdury
Facts: Bulu Chowdury was charged with illegal recruitment
committed in a large scale.
Craftrade
Overseas
The accused was a consultant for
Developers.
Chowdury
denied
having
knowledge that the license of Craftrade has already expired and

that he was not registered with POEA.
He also interposed the
defense that he was merely fulfilling his job as a consultant in the

said office. it was in his job description to interview applicants for
abroad.
Issue: WON Chowdury knowingly and intentionally participated in
the commission of illegal recruitment
Ruling: The Supreme Court held that Chowdury was not aware of
the fact that Craftrade was no longer licensed to conduct
recruitment. Thus,
xx
The obligation to register its personnel with
the POEA belongs to the officers of the agency. [32] A

mere employee of the agency cannot be expected
to know the legal requirements for its operation.
The
evidence
at
hand
shows
that
accused-
appellant carried out his duties as interviewer of

Craftrade believing that the agency was duly
licensed by the POEA and he, in turn, was duly
authorized
by
his
agency
to
deal
with
the
applicants in its behalf. Accused-appellant in fact

confined his actions to his job description. He
merely interviewed the applicants and informed
them of the requirements for deployment but he
never received money from them. Their payments
were received by the agency's cashier, Josephine
Ong. Furthermore, he performed his tasks under
g) Illegal Recruitment vs Estafa

RA 10022, AN ACT AMENDING REPUBLIC ACT NO.
8042
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Sec 5. xx
"The persons criminally liable for the above offenses are
the principals, accomplices 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 the offense and the
responsible employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the
prohibited acts under this section, the Secretary of Labor
and Employment, the POEA Administrator or their duly
authorized representatives, or any aggrieved person may
initiate the corresponding criminal action with the
appropriate office. For this purpose, the affidavits and
testimonies of operatives or personnel from the
Department of Labor and Employment, POEA and other
law enforcement agencies who witnessed the acts
constituting the offense shall be sufficient to prosecute
the accused.
"In the prosecution of offenses punishable under this
section, the public prosecutors of the Department of
Justice shall collaborate with the anti-illegal recruitment
branch of the POEA and, in certain cases, allow the POEA
lawyers to take the lead in the prosecution. The POEA
lawyers who act as prosecutors in such cases shall be
entitled to receive additional allowances as may be
determined by the POEA Administrator.
"The filing of an offense punishable under this Act
shall be without prejudice to the filing of cases
punishable under other existing laws, rules or
regulations."1avvphi1
People vs Calonzo
As regards the conviction of Calonzo for estafa on five (5)
counts we ruled in People v. Turda that recruitment of
persons for overseas employment without the necessary
recruiting permit or authority from the POEA constitutes
illegal recruitment; however, where some other crimes or
felonies are committed in the process, conviction under
the Labor Code does not preclude punishment under
other statutes. In People v. Romero we said that the
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elements of estafa were: (a) that the accused defrauded

another by abuse of confidence or by means of deceit,
and (b) that damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
person.
h) Liabilities
a. Local employment agency
b. Foreign Employer
i. Theory of Imputed Knowledge
The theory of imputed knowledge provides
that knowledge of matters pertaining to
employment are ascribed to the principal
through the agent.
Case Assignment:
Sunace vs NLRC
Facts: Divina Montehermozowas deployed to Taiwan by Sunace
Agency as a domestic helper. The year was for a year only but
she entered into another two year contract after the expiration of
the original one.
Upon her arrival n Manila, she filed a complaint against
the Sunace Agency before the NLC.
She claims that she was
underpaid and was imprisoned. Sunace denied any liability on the

ground that it did not know of the extension. Also, the contract of
agency between Suunace and Divina was already extinguished.
Both the LA and the CA held Sunace to be liable based on
the theory of imputed knowledge.
Issue: Whether or not the doctrine of imputed knowledge can be
applied in this case
Ruling: The SC held that the doctrine of imputed knowledge was
misapplied. It was the agency who was supposed to know of the
knowledge and the same is to be ascribed to the principal.
In this case, Sunace, the agency, did not know of the
extension of the contract of Divina. For the theory of imputed
knowledge to apply, the employment matters should have been
LABOR LAW REVIEW 35
Attybe
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known to Sunace as the agency and the same should
the Duano
ascribed to the principal. Thus:

xx There being no substantial proof that
Sunace knew of and consented to be bound
Case Assignment:
Sunace vs NLRC
As such, it and its owner cannot be held

solidarily liable for any of Divinas claims
arising from the 2-year employment extension.
As the New Civil Code provides, xx
Contracts take effect only between the
parties, their assigns, and heirs, except in case
w here the rights and obligations arising from
the contract are not transmissible by their
nature, or by stipulation or by provision of law.
Sunace also averred that the contract of agency between
it and Divina was impliedly revoked. As such:
xx Furthermore, as Sunace correctly points
out, there was an implied revocation of its
agency relationship with its foreign principal
when, after the termination of the original
employment contract, the foreign principal
directly negotiated with Divina and entered
into a new and separate employment contract
in Taiwan.
Article 1924 of the New Civil Code
i) Pretermination
Jurisdiction Money Claims of OFW
Jurisdiction of money claims of OFWs was vested on Labor
Arbiters by virtue of RA 8042. This includes claims for
damages arising out of employer-employee relationship or
by virtue of any law or contract involving Filipino workers
for overseas deployment, including actual, moral,
exemplary and other forms of damages. (Section 10, RA
8042)
The period to decide the cases shall be within 90
calendar days from the filing of the complaint which shall
commence to run upon acquisition by the Labor Arbiter of
jurisdiction over the respondents. (Sec 13, Rule V, The
2005 Revised Rules of Procedure of the NLRC).
LABOR LAW REVIEW 36

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Award in case of premature termination:

Full reimbursement of the OFWs placement fee with
12% interest per annum; and
o If the contract is below one year, the
salaries for the entire unexpired portion
RA 8042, 1995
of the contract shall be paid; OR
In case of termination of overseas
o If the contract was for one year and
employment without just, valid or
more, the salaries for the unexpired
authorized cause as defined by law or
portion of the contract OR three (3)
contract, the workers shall be entitled
months pay for every year of the
to the full reimbursement of his
unexpired portion whichever is less.
placement fee with interest of twelve
percent (12%) per annum, plus his
salaries for the unexpired portion of
his employment contract or for three
(3) months for every year of the
unexpired term, whichever is less.
NOTE: Accdg to our lecture, for this is to

apply, the contract was terminated after
service of more than a year.
The following case are of worth to determine
the applicability of the provisions of RA 8042
in award of money claims of preterminated
OFWs:
Marsaman Maritime Agency vs NLRC,

Aug 1999
Serrano vs Gallant Maritime Services,
March 2009
Yap vs Thenamaris Ships Mgt, 2011
Skippers vs Sereno, February 2012
PERT/CPM vs Venly, Sept 2011
RA 10022, 2009
"In case of termination of overseas
employment without just, valid or authorized
cause as defined by law or contract, or any
unauthorized deductions from the migrant
worker's salary, the worker shall be entitled
to the full reimbursement if his placement
fee and the deductions made with interest at
twelve percent (12%) per annum, plus his
salaries for the unexpired portion of his
employment contract or for three (3)
months for every year of the unexpired
term, whichever is less.
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CASE
TITLE
CONTRAC
T DETAILS
Wifredo Cajeras
Marsaman
Maritime
Agency vs
NLRC
Yap vs
Thenamar
is Ships
Mgt
Terminated:
Less than 2
months after
being on board.
Contract Period:
of 10 months
Sept 25, 1995
Antonio Serrano
Terminated: 2
months and 7
days after being
on board
Contract period:
1year
Serrano vs
Gallant
Maritime
Services
DATE OF
TERMINAT
ION OF
EMPLOYEE
JD: Chief Officer

but was
downgraded to
second officer
May 26, 1998
Claudio Yap
Terminated:
Nov 10, 2001
Contract Period:
1 year from Aug
14, 2001
JD: Electrician
DATE OF
JUDGMEN
T
WHAT WAS
APPLIED
AND HOW
August 1999
RA 8042.
Award for the
unexpired
portion of the
contract because
the contract was
less than one
year.
WHY
Because RA 8042 was

effective at that time
Cajeras was dismissed.
We agree with
petitioners that Sec. 10,
RA 8042, applies in the
case of private
respondent and to all
overseas contract
workers dismissed on or
after its effectivity on 15
July 1995
March 24,
2009
AWARDED his
salaries for the
entire unexpired
portion of his
employment
contract consisting
of nine months and
23 days computed
The provision was

declared
UNCONSTITUTIONAL
because it creates
disparity among the OFW
with less than 1 year as
against those for more
than 1 year. The
provision was stated to
be a suspect
classification violative of
the Constitutional
mandate of equal
protection clause.
May 30, 2011
Serrano ruling
was applied.
As a general rule, an
unconstitutional act is
not a law; it confers no
rights; it imposes no
duties; it affords no
protection; it creates no
office; it is inoperative as
if it has not been passed
at all.
The doctrine of operative
fact serves as an
exception to the
aforementioned general
rule. The doctrine is
applicable when a
declaration of
unconstitutionality will
impose an undue burden
on those who have relied
on the invalid law.
Following Serrano, we
hold that this case
should not be included in
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the aforementioned
exception. After all, it
was not the fault of
petitioner that he lost his
job due to an act of
illegal dismissal
committed by
respondents. To rule
otherwise would be
iniquitous to petitioner
and other OFWs, and
would, in effect, send a
wrong signal that
principals/employers and
recruitment/manning
agencies may violate an
OFWs security of tenure
which an employment
contract embodies and
actually profit from such
violation based on an
unconstitutional
provision of law.
Name:
Napoleon O.
De Gracia
Contract
Duration: 10
months
Contract Date:
17 July 1998
Position:
3rd Engineer
Skippers
vs Sereno
Name: Isidro
L. Lata
Duration: 12
months
Position:
4th Engineer
Contract
Contract Date:
17 April 1998
Name: Charlie
A. Aprosta
Contract
Duration: 12
months
Position: Third
Officer
Contract Date:
17 April 1998
January 28,
1999
Feb 8, 2012
Serrano Doctrine
as against RA
8042, as
UNAMENDED
Since the termination

occurred on January
1999 before the passage
of the amendatory RA
10022, we shall apply RA
8042, as unamended,
without touching on the
constitutionality of
Section 7 of RA 10022.
The declaration in March
2009 of the
unconstitutionality of the
clause or for three
months for every year of
the unexpired term,
whichever is less in RA
8042 shall be given
retroactive effect to the
termination that
occurred in January 1999
because an
unconstitutional clause
in the law confers no
rights, imposes no duties
and affords no
protection. The
unconstitutional
provision is inoperative,
as if it was not passed
into law at all.
PERT/CPM
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vs Venly
LABOR LAW REVIEW 40

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b.
Illegal Recruitment, Art 38, Sec 6 Migrant Workers Act
Article 38. Illegal recruitment.

Any recruitment activities, including the prohibited practices
enumerated under Article 34 of this Code, to be undertaken by
non-licensees or non-holders of authority, shall be deemed
illegal and punishable under Article 39 of this Code. The
Department of Labor and Employment or any law enforcement
officer may initiate complaints under this Article.
Illegal recruitment when committed by a syndicate or in large
scale shall be considered an offense involving economic
sabotage and shall be penalized in accordance with Article 39
hereof.
Illegal recruitment is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring
and/or confederating with one another in carrying out any
unlawful or illegal transaction, enterprise or scheme defined
under the first paragraph hereof. Illegal recruitment is deemed
committed in large scale if committed against three (3) or more
persons individually or as a group.
R.A. 8042, as amended by RA 10022

Sec. 6. DEFINITIONS.
For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers and
includes referring, contact services, promising or advertising for
employment abroad, whether for profit or not, when undertaken
by a non-license or non-holder of authority contemplated under
Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines. Provided,
that such non-license 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
the following acts, whether committed by any persons, whether
a non-licensee, non-holder, licensee or holder of authority.
LABOR LAW REVIEW 41

Atty Voltaire Duano
(a) To charge or accept directly or indirectly any amount greater

than the specified in the schedule of allowable fees
prescribed by the Secretary of Labor and Employment, or to
make a worker pay any amount greater than that actually
received by him as a loan or advance;
(b) To furnish or publish any false notice or information or
(c) To give any false notice, testimony, information or document
or commit any act of misrepresentation for the purpose of
securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to
quit his employment in order to offer him another unless the
transfer is designed to liberate a worker from oppressive
terms and conditions of employment;
(e) To influence or attempt to influence any persons or entity not
to employ any worker who has not applied for employment
through his agency;
(f) To engage in the recruitment of placement of workers in jobs
harmful to public health or morality or to dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly authorized
representative;
(h) To fail to submit reports on the status of employment,
placement vacancies, remittances of foreign exchange
earnings, separations from jobs, departures and such other
matters or information as may be required by the Secretary
of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the
Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including the
period of the expiration of the same without the approval of
the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency
to become an officer or member of the Board of any
directly on indirectly in the management of a travel agency;
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(k) To withhold or deny travel documents from applicant workers

before departure for monetary or financial considerations
other than those authorized under the Labor Code and its
implementing rules and regulations;
(l)
Failure to actually deploy without valid reasons as

determined by the Department of Labor and Employment;
and
(m) Failure to reimburse expenses incurred by the workers in

connection with his documentation and processing for
purposes of deployment, in cases where the deployment
does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale
shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried
out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large
scale if committed against three (3) or more persons individually
or as a group.
The persons criminally liable for the above offenses are the
principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction of
their business shall be liable.
c.
Direct Hiring
Article 18. Ban on direct-hiring. No employer may hire a Filipino

worker for overseas employment except through the Boards and
entities authorized by the Secretary of Labor. Direct-hiring by
members of the diplomatic corps, international organizations
and such other employers as may be allowed by the Secretary of
Labor is exempted from this provision.
Exceptions:
Members of the Diplomatic Corps
International Organizations
Such other persons which the DOLE may authorize
Name Hire or those persons who were able to secure
employment overseas without the assistance of any
recruitment or placement agency
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2. Regulation and Enforcement

a.
Remittance of Foreign Exchange earnings
Article 22. Mandatory remittance of foreign exchange

earnings. It shall be mandatory for all Filipino workers abroad to
remit a portion of their foreign exchange earnings to their
families, dependents, and/or beneficiaries in the country in
accordance with rules and regulations prescribed by the
Secretary of Labor.
E.O. 857:
1. To protect the welfare of the families, dependents and other
beneficiaries of OFW;
2. To ensure that the remittances are channeled through
authorized financial institutions; and
3. To help the government in their economic development
programs.
Rate of Remittances:
Seafarers a d Mariners
80% of
Basic salary
Construction companies and workers
70% of
Basic Salary
Professional Workers
70% of
Basic Salary
Professional Workers w/o Board & Lodging
50% of
Basic Salary
Domestic & other service workers
50% of
Basic Salary
All other workers
50% of Basic
Salary
Remittance Procedure
Open Bank Acct prior to

departure.
Give the Account Number to
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Direct payment to the

beneficiaries is allowed.
Licensed agency, construction,
contractor or manning agent of
the OFW must deposit to the
account.
Proof of Compliance:
b.
Confirmed bank remittance form;

Duly authenticated certification from the employer that
the remittance has been effected;
Certification a to the surrender for pesos to the Philippine
Banking System and
Receipt of the International Postal Money Order.
Prohibited Activities
Article 34. Prohibited practices. It shall be unlawful for any

individual, entity, licensee, or holder of authority:
To charge or accept, directly or indirectly, any amount

greater than that specified in the schedule of allowable
fees prescribed by the Secretary of Labor, or to make a
worker pay any amount greater than that actually received
by him as a loan or advance;
To furnish or publish any false notice or information or

To give any false notice, testimony, information or

purpose of securing a license or authority under this Code.
To induce or attempt to induce a worker already employed

to quit his employment in order to offer him to another
unless the transfer is designed to liberate the worker from
oppressive terms and conditions of employment;
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c.
To influence or to attempt to influence any person or entity

not to employ any worker who has not applied for
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;
To obstruct or attempt to obstruct inspection by the

Secretary of Labor or by his duly authorized
representatives;
To fail to file reports on the status of employment,

placement vacancies, remittance of foreign exchange
earnings, separation from jobs, departures and such other
matters or information as may be required by the Secretary
of Labor.
To substitute or alter employment contracts approved and

verified by the Department of Labor from the time of actual
signing thereof by the parties up to and including the
periods of expiration of the same without the approval of
the Secretary of Labor;
To become an officer or member of the Board of any

directly or indirectly in the management of a travel agency;
and
To withhold or deny travel documents from applicant

considerations other than those authorized under this Code
and its implementing rules and regulations.
Regulatory and Visitorial Powers of the Secretary
Article 33. Reports on employment status. Whenever the

public interest requires, the Secretary of Labor may direct all
persons or entities within the coverage of this Title to submit a
report on the status of employment, including job vacancies,
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details of job requisitions, separation from jobs, wages, other

terms and conditions and other employment data.
Article 35. Suspension and/or cancellation of license or
authority. The Minister of Labor shall have the power to suspend
or cancel any license or authority to recruit employees for
overseas employment for violation of rules and regulations
issued
by
the
Ministry
of
Labor,
the
Overseas
Employment Development Board, or for violation of the
provisions of this and other applicable laws, General Orders and
Letters of Instructions.
Article 36. Regulatory power. The Secretary of Labor shall have
the power to restrict and regulate the recruitment and
placement activities of all agencies within the coverage of this
Title and is hereby authorized to issue orders and promulgate
rules and regulations to carry out the objectives and implement
the provisions of this Title.
Article 37. Visitorial Power. The Secretary of Labor or his duly
authorized representatives may, at any time, inspect the
premises, books of accounts and records of any person or entity
covered by this Title, require it to submit reports regularly on
prescribed forms, and act on violation of any provisions of this
Title.
d.
Penalties for Illegal Recruitment
Penalty for Simple Illegal Recruitment:
Imprisonment of not less than 12 yrs and 1 day to

not more than 20 yrs; and
Penalty for Illegal Recruitment Constituting Economic

Sabotage:
Imprisonment of not less than 12 yrs and 1 day to
not more than 20 yrs; and
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e.
Payment of Claims of OFWs in case of illegal
termination
RA 8042 provides that the in case of illegal termination of
OFW, the award shall be:
Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
Intramuros, Manila
RULES AND REGULATIONS GOVERNING PRIVATE
RECRUITMENT AND PLACEMENT AGENCY
FOR LOCAL EMPLOYMENT
By virtue of the authority vested in the Secretary of Labor and Employment under Article 25 of the Labor
Code of the Philippines, as amended, the following revised rules and regulations are hereby promulgated
to govern and regulate the activities of all individuals and entities engaged in the recruitment and
placement of persons for local employment.
Rule I
DEFINITIONS OF TERMS
SECTION 1. Definition of Terms
a. Department refers to the Department of Labor and Employment.
b. Secretary refers to the Secretary of Labor and Employment.
c. Bureau refers to the Bureau of Local Employment.
d. Regional Office refers to the Regional Offices of the Department.
e. District/Provincial Office refers to the extension offices of the Department.
f. Regional Director refers to the Director of the Regional Office.
g. Private Recruitment and Placement Agency (PRPA) or Agency refers to any
individual,` partnership, corporation or entity engaged in the recruitment and placement of
persons for local employment.
h. PRPA Branch refers to any extension office of a licensed PRPA.
i. Representative refers to a person acting as an agent of a licensed PRPA registered with
the Regional Office and granted Authority in the recruitment of persons for local
employment.
j. Recruitment and Placement refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for local employment, whether for profit or not;
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provided, that any person or entity which in any manner, offers or promises employment
for a fee, to two or more persons shall be deemed engaged in recruitment and lacement.
k. Recruit refers to any individual promised, contracted, or enlisted for employment for a
fee.
l. License refers to the certificate issued by the Department authorizing an individual,
partnership, corporation, or entity to operate a private recruiment and placement agency.
m. Authority to Operate Branch Office refers to the document granted by the Department
authorizing the licensed PRPA to establish and operate a branch office.
n. Authority to Recruit refers to the document granted by the Regional Office authorizing a
person to conduct recruitment activities in the region.
o. Licensee refers to any person or entity duly licensed and authorized by the Department
to operate a private recruitment and placement agency.
p. Recruitment Contract refers to the agreement entered into between a licensed PRPA or
its authorized representative and a recruit stating clearly the terms and conditions of the
recruitment in a language known and understood by the recruit.
q. Employment Contract refers to the agreement entered into between the employer and
a recruit stating clearly the terms and conditions of the employment in a language known
and understood by the recruit.
r. Placement Fee refers to the amount charged by a PRPA from a recruit as payment for
placement services.
s. Service Fee refers to the amount charged by a PRPA from an employer as payment for
employment services.
Rule II
APPLICATION / RENEWAL OF LICENSE OF PRIVATE RECRUITMENT AND PLACEMENT AGENCY
Section 2. Qualifications - An applicant for a license to operate a private recruitment and placement
agency must possess the following:
a. Must be a Filipino citizen, if single proprietorship. In case of partnership or a corporation, at
least seventy-five percent (75%) of the authorized capital stock must be owned and
controlled by Filipino citizens;
b. Must have a minimum networth of P200,000.00 in the case of single proprietorship and
partnership or a minimum paid-up capital of P500,000.00 in the case of a corporation.
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c. The owner, partners or the officers of the corporation must be of good moral character and
not otherwise disqualified by law;
d. Must have an office space with a minimum floor area of fifty (50) square meters.
SECTION 3. Place to File application. Application for license shall be filed with the Regional Office
having jurisdiction over the place where the applicant wishes to establish its main office.
SECTION 4. Requirements for Application. The applicant for a license shall submit a duly
accomplished application form, and in support thereof, the following requirements:
a. A filing fee of One Thousand Pesos (P1000.00); if single proprietor; and P3,000 if
corporation or partnership;
b. Certified copy of the Certificate of Registration of firm or business name from the
Department of Trade and Industry (DTI), in the case of single proprietorship; or a certified
copy of the Articles of Partnership or Incorporation duly registered with the Securities and
Exchange Commission (SEC), in the case of a partnership or a corporation;
c. A sworn statement of assets and liabilities and/or a duly audited financial statement, as
the case may be;
d. Owners certificate/title of office location or contract of lease of office space for at least two
(2) years;
e. NBI clearance of the applicant, or the partners in the case of a partnership or all the
officers and members of the Board of Directors, in the case of a corporation;
f. Income Tax Returns for the last two (2) years;
g. A verified undertaking that the applicant shall:
(1) not engage in the recruitment of children below 15 years of age or place children
below 18 years old in hazardous occupation in accordance with Republic Act No.
7610 as amended by Republic Act No. 7658 and other related laws; and
(2) assume full responsibility for all claims and liabilities which may arise in connection
with the use of the license;
h. Organizational structure and list of all officers and personnel with their respective bio-data,
two (2) passport-size ID pictures and a detailed description of their duties and
responsibilities; and
i. Specific address and location map of the Office/proposed Office;
j. List of all authorized representatives, if any, who must be at least high school graduate,
with their corresponding bio-data, two (2) passport-size ID pictures, high school diploma or
other proof of educational attainment duly authenticated, NBI clearance and Special
Power of Attorney (SPA).
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No application shall be accepted, unless all the requirements have been complied with.
SECTION 5. Action on the Application.
a. Upon receipt of the application, the Regional Director or his duly authorized
representative shall evaluate the documents submitted and conduct an ocular inspection
of the applicants office;
b. Within fifteen (15) working days after the ocular inspection, the Regional Director shall act
on the application, and immediately notify the applicant of the action taken; and
c. Application which do not meet the requirements set forth in these rules shall be denied.
SECTION 6. Posting of Cash and Surety Bonds and Payment of License Fee
Prior to the approval of the license, the applicant shall post cash and surety bonds of Twenty-Five
Thousand Pesos (P25,000.00) and One Hundred Thousand Pesos (P100,000.00) respectively, valid for
two (2) years and then pay a license of Six Thousand Pesos (P6,000.00). The bonds shall answer for all
valid and legal claims arising from the illegal use of the license and shall likewise guarantee compliance
with the provisions of the Labor Code and its implementing Rules. In case of loss of license, the licensee
shall pay Six Hundred Pesos (P600.00) as payment for the issuance of a certified copy of the license
upon presentation of proof of loss.
SECTION 7. Publication. The Agency shall publish once in a newspaper of general circulation the
license number of the agency, names and pictures of authorized representatives within fifteen (15) days
from the issuance of the license and shall submit a copy of said publication to the Department.
SECTION 8. Validity of the License. The license shall be valid all over the Philippines for two (2) years
from the date of issuance, upon submission of proof of publication unless sooner suspended, cancelled or
revoked by the Regional Director.
SECTION 9. Non-transferability. No license shall be transferred, conveyed or assigned to any other
person or entity.
SECTION 10. Display of License. The original license or a copy shall be displayed conspicuously at all
times in the office premises of the PRPA.
SECTION 11. Renewal of License. An application for renewal of license shall be filed not later than thirty
(30) days before expiration of the same. No agency shall be allowed to renew its license if it has been
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convicted by the regular courts for violation of the Labor Code, as amended, and its implementing Rules,
or if its license has been previously revoked.
SECTION 12. Requirements for Renewal. The Agency shall submit its existing license together with the
requirement specified in Section 4 of this Rules.
SECTION 13. Change of Ownership. Any Agency which desires to transfer ownership shall surrender its
license to the issuing Regional Office.
SECTION 14. Changes of Business Address. An Agency which desires to transfer to a new business
address shall notify the Regional Office which issued the license at least thirty (30) working days prior to
the intended date of transfer. It shall likewise notify the Regional Office which has jurisdiction over the
new business address and submit a sketch of the new office and a copy of the contract of lease, if any.
RULE III
GRANTING/RENEWAL OF AUTHORITY TO RECRUIT, RECRUITMENT PROCEDURE, PLACEMENT
AND OTHER RELATED ACTIVITIES
SECTION 15. Authority to Recruit. A licensed Agency or its authorized representative shall secure an
authority to recruit from the Regional Office having jurisdiction over the place where recruitment activities
will be undertaken. Such authority shall be coterminous with the license unless sooner revoked/cancelled
by the issuing Regional Office or terminated by the Agency.
SECTION 16. Documents Required. The following documents shall be submitted by the
applicant/agency for the issuance/renewal of an Authority to Recruit:
a. Letter request by the agency;
b. Copy of current license;
c. Certification under oath of licensee of the proposed recruitment activities of the
representative;
d. NBI clearance and bio-data of the representative with two (2) ID pictures;
e. Clearance from previous agency, if applicable; and
f. Previous Authority to Recruit, in case of renewal.
No application shall be accepted unless all the requirements have been complied with.
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SECTION 17. Action on the Application for the Issuance/Renewal of an Authority to Recruit
a. Within ten (10) working days from receipt of complete documents, the Regional Director
shall act on the application;
b. In case of denial, the Regional Director shall state the reasons for denial; A new
application/renewal may be denied on any of the following grounds:
- non compliance with the requirements;
- applicants record of unresolved illegal recruitment case; or
- presence of any pending case against the applicant and/or the agency
c. Upon approval of application/renewal, the applicant shall pay a fee of P1,500.00 to the
Regional Office concerned.
SECTION 18. Recruitment by Representative. Only representatives duly authorized to recruit and
whose names are registered with the Regional Office can engage in recruitment activities.
SECTION 19. Termination of Authority of Representatives. The authority of the representatives may
be revoked or terminated by the Agency or cancelled by the issuing Regional Office. The Agency shall
publish in a newspaper of general circulation the names and pictures of representatives whose authority
have been revoked or terminated and the Regional Office shall be furnished a copy of the said
publication. The Regional Office shall keep a record of the authorities issued, revoked or terminated and
furnish copy to the Bureau.
SECTION 20. Steps to be followed in the Recruitment of Persons. The following procedures shall be
followed by the licensed Agency or its duly authorized representative in the recruitment of persons;
a. The Agency or its duly authorized representative shall present to the PESO, Provincial
and District Office where the recruitment activity is to be undertaken, copy of existing
license, and original copy of authority to recruit issued by the Regional Office
concerned.
b. The representative shall require the recruit to submit a copy each of the following:
(1) birth certificate from the local civil registrar; and
(2) medical certificate issued by a government physician or by a reputable private
medical practitioner.
c. The Agency or its authorized representative and the recruit shall enter into a recruitment
contract, duly notarized a copy of which shall be submitted to the Regional Office where
recruitment activity was undertaken.
d. The Agency or its duly authorized representative shall submit a list of the names and
addresses of its recruits, together with copy of documents specified in procedure (b)
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above, to the Regional Office or the appropriate Provincial/District Office where

recruitment was undertaken for appropriate authentication and validation; copies of
these documents shall be furnished the Regional Office of destination of the recruit.
e. After the recruitment activity, the Regional Office of origin shall issue a certification to
the Agency or its duly authorized representative that the recruitment activity has been in
accordance with this Rule, copy furnished the Marine Police/Coast Guard/Philippine
National Police, as the case may be.
f. Provide the recruit with a stamped envelope and form indicating the name, address of
recruit and the name, address, telephone number of his/her employer to be sent to the
parent.
g. Prior to deployment the Regional Office of origin shall notify the Regional Office of
destination of the arrival of the recruits, and the latter shall see to it that the terms and
conditions of the recruitment contract are followed strictly.
SECTION 21. Replacement of Worker Without Cost. An employer shall be entitled to replace a worker
without additional cost only once, within one (1) month from the first day the worker reported for work, on
any of the following grounds:
a. The worker is found to be suffering from an incurable or contagious disease as certified
by a competent physician;
b. The worker is physically or mentally incapable of discharging the minimum normal
requirements of the job, as specified in the employment contract; or
c. The worker abandons the job, voluntarily resigns, commits theft or any other prejudicial
to the employer.
SECTION 22. Refund of Service Fee. The employer is entitled to a refund of seventy five (75%) percent
of the service fee if the Agency failed to provide a replacement after a lapse of one (1) month from receipt
of the request for the replacement based on any of the grounds enumerated in the preceding Section.
SECTION 23. Forfeiture of Rights. The employer is deemed to have forfeited his right for a replacement
without cost or refund of the service fee, if he failed to avail of the same within one (1) month from the
date of engagement of the worker.
RULE IV
ESTABLISHMENT OF BRANCH OFFICE/RENEWAL OF AUTHORITY TO OPERATE BRANCH
OFFICE
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SECTION 24. Establishment of Branch Office. The application to establish a branch office shall be filed
with the Regional Office having jurisdiction over the place where the branch office is to be established.
SECTION 25. Requirements. A licensee who desires to establish a branch office shall submit the
following requirements:
a. Filing fee of One Thousand Pesos (P1000.00);
b. Certified copy of the current license;
c. Organizational structure of the branch office, including duly notarized appointments;
d. NBI clearance, bio-data and two (2) passport-size ID pictures of the branch manager
and staff members;
e. Certification that the branch office has office space with a minimum floor area of fifty
(50) square meters;
f. Certification that the licensee has no pending case with the Regional Office issuing the
license or where it has established branch office; and
g. List of all authorized representatives, if any, who must be at least high school graduate,
with their corresponding bio-data, two (2) passport-size ID pictures, high school
diploma or other proof of educational attainment, NBI clearance and Special Power of
Attorney (SPA) issued by the licensee.
No application shall be accepted, unless all the requirements have been complied with.
SECTION 26. Action on the Application.
a. Upon receipt of the application, the Regional Director or his duly authorized
representative shall evaluate the documents submitted and conduct an ocular
inspection of the PRPA branch.
b. Within fifteen (15) working days from the date of filing, the Regional Director shall either
deny or approve the application and immediately notify the application of the action
taken.
SECTION 27. Posting of Additional Surety Bond and Payment of Registration Fee. Prior to approval
of the authority to establish a branch office, the licensee/applicant shall post an additional surety bond of
Fifty Thousand Pesos (P50,000.00) and pay a registration fee of Three Thousand Pesos (P3,000.00).
In case of loss, the licensee shall pay Six Hundred Pesos (P600.00) as payment for the issuance of a
certified copy of the authority upon presentation of proof of loss.
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SECTION 28. Validity of the Authority. The authority to operate branch office shall be coterminous with
the validity of the license of the Agency subject for renewal upon submission of the original authority and
requirements provided for under Section 25 hereof as well as the original authority.
RULE V
PLACEMENT FEE, SERVICE FEE, AND OTHER CHARGES
SECTION 29. Placement Fee. A licensed PRPA may charge workers a placement fee which shall not
exceed twenty percent (20%) of the workers first months basic salary; in no case shall such fee be
charged prior to the actual commencement of employment.
SECTION 30.
Service Fee. A licensed PRPA may charge employers a service fee which shall not
exceed twenty percent (20%) of the annual basic salary of the worker. In no case shall the service fee be
deducted from the workers salary.
SECTION 31. Transportation. Transportation expenses of the worker from the place of origin to the
place of work shall be charged against the employer, and shall in no case be deducted from the workers
salary.
SECTION 32. Issuance of Official Receipt. All payments made or fees collected by a licensed Agency
shall be covered by an official receipt indicating the amount paid and the purpose of such payment.
RULE VI
SUSPENSION, REVOCATION/CANCELLATION OF LICENSE
SECTION 33. Grounds for Suspension of a License. Any of the following shall constitute a ground for
suspension of a license:
a. violation of any of the provisions of Sections 7,13, or 14 of these Rules;
b. violation of Department Order No. 21, series of 1994 regarding publication of job
vacancies;
c. non-issuance of official receipt for every fee collected;
d. non-submission of monthly report as provided in Section 61 of these Rules;
e. charging or accepting directly or indirectly, any amount in excess of what is prescribed
by these Rules;
f. disregard of lawful orders and notices issued by the Secretary or his duly authorized
representative; or
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g. non-observance of the procedures on recruitment as stated in Section 20 of these

Rules.
SECTION 34. Grounds for Cancellation/Revocation of a License. Any of the following shall constitute
a ground for the cancellation/revocation of license:
a. violation/s of the conditions of license;
b. engaging an act or acts of misrepresentation for the purpose of securing a license or
renewal thereof;
c. continuous operation despite due notice that the license has expired;
d. incurring two (2) suspensions by a PRPA based on final and executory orders;
e. engaging in labor-only contracting as defined in Article 106 of the Labor Code, as
amended;
f. recruitment and placement of workers in violation of Republic Act No. 7610 as amended
by Republic Act No. 7658;
g. transferring, conveying or assigning of license/authority to any person or entity other
than the one in whose favor it was issued;
h. violation of any of the provisions, particularly, Article 34 of the Labor Code, as amended,
and its Implementing Rules and Regulations.
SECTION 35. Table of Penalties and Fines. The commission of any of the aforecited grounds for
suspension, cancellation/revocation shall merit imposition of fine and penalties provided in the herein
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Rules and Regulations :

The Agency is jointly and severally liable to any violation or illegal act committed by its
branch.
RULE VII
HEARING AND DISPOSITION OF RECRUITMENT VIOLATION AND RELATED CASES
SECTION 36. Complaints Against Agency. Complaints based on any of the grounds enumerated under
the previous Sections against a licensee/and or the authorized representative/s shall be filed in writing
and under oath with the Regional/District/Provincial Office having jurisdiction over the place where the
PRPA/Branch Office is located, or where the prohibited act was committed, or at complainants place of
residence, at the option of the complainant; provided, that the Regional Office which first acquires
jurisdiction over the case shall do so to the exclusion of the others.
SECTION 37. Caption and Title. The complaint shall be filed in accordance with the following caption:
Republic of the Philippines
Department of Labor and Employment
Regional Office No. ___
__________________________
Province/District
In the Matter of Violation of
Recruitment Rules and Regulations/Pertinent
Regulations Implementing the Labor
Code, as Amended
- versus - RO Case No. PRPA yr/mo/no. RV
_____________________
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Respondent/s.
X--------------------x
11
SECTION 38. Contents of Complaint. All complaints shall be under oath to be administered by any
officer authorized by law and must contain, among others the following:
a. The name/s and address/es of the complainant/s;
b. The name/s and address/es of the respondent/s;
c. The nature of the complaint;
d. The substance, cause/grounds of the complaint;
e. When and where the action complained of happened;
f. The amount of claim, if any; and
g. The relief/s sought.
All pertinent papers or documents in support of the complaint must be attached whenever possible.
SECTION 39. Docket and Assignment of Cases. Complaints duly received shall be docketed and
numbered and shall be scheduled for hearing within ten (10) working days.
SECTION 40. Answer/Counter-Affidavit. Upon receipt of the complaint, the Regional Director shall
issue show cause order directing the respondent/s to file a verified Answer/Counter-Affidavit within ten
(10) working days and copy furnished the complaint/s and not a Motion to Dismiss, incorporating therein
all pertinent documents in support of its defense, and attaching thereto proof of service of a copy thereof
upon the complaint/s. The answer shall be deemed filed on the date of receipt stamped thereon, if filed
personally, or on the date indicated in the registry receipt, if filed by registered mail.
SECTION 41. Motion for Extension. Only one motion for extension of time to file answer shall be
allowed. The Regional Director, upon receipt of such motion may, upon meritorious grounds, grant a nonextendible period not exceeding ten (10) working days. Rulings of the Regional Director on motions for
extension shall be sent by personal service or by registered mail.
SECTION 42. Failure to File Answer. Failure to file an answer/counter affidavit will constitute a waiver
on the part of the respondent.
SECTION 43. Service of Subpoena Duces Tecum and Subpoena Ad Testificandum. The Regional
Director shall issue sub-poena or sub-poena duces tecum. The process server who personally served the
subpoena duces tecum and/or subpoena ad testificandum, notice, order, resolution or decision shall
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submit his return within five (5) working days from the date of his service thereof, stating legibly in his
return his name, the mode/s of service, the name/s of the other person/s served and the date/s of receipt.
If no service was effected, the serving officer shall state the reason therefor. The return shall form part of
the records of the case.
SECTION 44. Failure or Refusal to Obey Subpoena Duces Tecum and Subpoena Ad Testificandum.
The license of an agency who fails or refuses to obey the subpoena duces tecum/subpoena ad
testificandum, shall be suspended until compliance of the directive of the Regional Director. This is
without prejudice to the outcome of the investigation wherein the proper penalty may be imposed.
SECTION 45. Proof and Completeness of Service. The return is prima facie proof of the facts stated
herein. Service by registered mail is completed upon receipt of the addressee or agent; but if the
addressee or agent fails to claim his mail from the post office within five (5) working days from date of last
notice of the postmaster, service shall take effect after such time.
SECTION 46. Authority to Initiate Clarifying Questions. At any stage of the proceedings and prior to
the submission by the parties of the case for resolution, the Regional Office may initiate clarificatory
questions to further elicit facts or information, including but not limited to the subpoena of relevant
documentary evidence.
SECTION 47. Summary Judgment. Should the Regional Director find upon consideration of the
answers, counter-affidavits and evidence submitted, that r esolution/decision may be rendered thereon,
the case shall be deemed submitted for decision.
SECTION 48. Nature of Proceedings. The proceedings before the Regional Office shall be non-litigious
in nature. Subject to the requirements of due process, the technicalities of and procedure and rules
obtaining in the courts of law shall not strictly apply thereto. The Regional Director may avail himself of all
reasonable means to ascertain the facts of the case, including ocular inspection, where appropriate, and
examination of informed persons.
SECTION 49. Effects of Withdrawal/Desistance. The withdrawal/desistance of the complaining witness
shall not bar the Regional Office from proceeding with the investigation on recruitment violation/s. The
Regional Office shall act on the case as may be merited by the results of the investigation and impose
such penalties on the erring Agency as may be deemed appropriate.
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SECTION 50. Effects of Settlement. At any stage of the proceedings, the parties may submit a
Compromise Agreement subject to the approval of the Regional Office.
SECTION 51. Resolution of the Case. The conduct of hearings shall be terminated within fifteen (15)
working days from the first scheduled hearing. The Regional Director shall resolve the case within ten
(10) working days from the time the case is deemed submitted for decision.
SECTION 52. Suspension of License Pending Investigation. Pending investigation of a complaint
leading to the cancellation/revocation of license, the Regional Director, who is hearing the case, may
suspend the license of the PRPA concerned on any of the following grounds:
a. There exist reasonable grounds to believe that the continued operation of the Agency
will lead to further violation or exploitation of the workers being recruited;
b. Failure of the licensed PRPA to submit its Position Paper/Answer on the complaint
within the prescribed period;
c. Failure to attend the hearing despite due notice called by the Regional Office;
d. Failure or refusal to obey subpoena duces tecum and subpoena ad testificandum
issued by the Regional Director; and
e. Prima facie evidence shows that the Agency has violated and continues to violate any
of the provisions of the Labor Code, as amended, its Implementing
Rules and Regulations on the recruitment and placement of workers.
SECTION 53. Suspension/ Cancellation of License. - The Regional Director who issued the license
shall have the power to suspend/ cancel the license of the Agency.
SECTION 54. Effects of Orders of Suspension/Cancellation or Revocation. An order of
suspension/cancellation or revocation shall have the effect of suspending or terminating all activities of
the Agency which fall under the definition of recruitment and placement. The Regional Office may seek
the assistance of other government institutions, agencies or offices to ensure that suspension or
cancellation orders are implemented.
SECTION 55. Suppletory Application of the Rules of Court. In the absence of any applicable
provisions of these Rules, the pertinent provisions of the Rules of Court may be applied in a suppletory
character.
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SECTION 56. Appeal. Decision of the Regional Director is appealable to the Secretary within ten (10)
working days from receipt of a copy of the order, on any of the following grounds:
a. If there is prima facie evidence of abuse of discretion on the part of the Regional
Director;
b. If the decision and/or award was secured through fraud or coercion;
c. If made purely on questions of law; and/or
d. If serious errors in the findings of facts are raised which, if not corrected, would cause
grave or irreparable damage or injury to the appellant. The appeal shall be filed with the
Office of the Secretary, copy furnished the Regional Office, issuing the Order of
suspension or cancellation/revocation.
The Secretary shall have thirty (30) working days from receipt of the records to resolve the appeal. The
decision of the Secretary shall be final and inappealable.
RULE VIII
CESSATION OF OPERATION OF THE AGENCY/BRANCH
SECTION 57. Notice of Closure of the Agency or its Branch. The Agency or its branch office which
ceases to operate prior to the expiration of its license or its authority to operate shall notify the Regional
Office concerned, stating the justification for such closure, accompanied by the original receipt of cash
bond and the license, or the authority to operate, as the case may be.
SECTION 58. Refund of Cash Bond. An Agency which voluntarily surrender its license shall be entitled
to the refund of its deposited cash bond only after posting a surety bond of similar amount from a bonding
company accredited by the Insurance Commission. The surety bond is valid for three (3) years from
expiration of the license.
RULE IX
INSPECTORATE AND ENFORCEMENT FUNCTIONS
SECTION 59. Inspection Function. To ensure the effective supervision and regulation of the activities of
all licensees, the Regional Director or his duly authorized representative shall have access to the
licensees records and premises at any time of the day or night whenever work is being undertaken
therein, to determine violation or may aid in the enforcement of these Rules.
SECTION 60. Writ of Execution. The Regional Director shall issue writs of execution to the appropriate
authority for the enforcement of his/her Orders.
SECTION 61. Submission of Monthly Reports. All Agencies shall submit to the Regional Office, copy
furnished the Bureau, not later than the 5th working day of every month reports verified and confirmed by
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the Regional Director or his duly authorized representative of their recruitment and placement activities
during the preceding month.
RULE X
REPEALING CLAUSE AND EFFECTIVITY DATE
SECTION 62. Repealing Clause. All rules and regulations, guidelines and issuances inconsistent
herewith are repealed or modified accordingly.
SECTION 63. Effectivity. The provisions of these Rules and Regulations shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation.
Done in the City of Manila this 5th day of June 1997.
(Sgd.) LEONARDO A. QUISUMBING
Secretary
Refer to POEA Rules for Land-Based Overseas Workers

Refer to POEA Rules for Sea-Based Overseas Workers
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C. LABOR STANDARDS
Art 82 of the Labor Code provides that the provisions of Book III
shall apply to employees on all establishments and undertakings
whether for profit of not, but not to:
1. Government employees of GOCCs with original charter;
For GOCCs with original charter, the Civil Service Commission
has the jurisdiction.
2. Managerial Employees (including supervisory employees);
Those whose primary duty consists of the management of the
establishment in which they are employed or of a department
or subdivision thereof;
They customarily and regularly direct the works of two or more
employees;
They have the authority to hire or fire employees of lower rank;
or their suggestions and recommendations as to hiring and
firing and as to the promotion or any other change of status of
other employed, are given particular weight (Rule 1, Sec 2b,
Implementing Rules and Regulations of Book III, Labor
Code)
Supervisory employees are Deemed Managerial Employees
in view of Art 82 if:
The primary duty consists of the performance of work directly

related to management policies of their employer;
Customarily and regularly exercise discretion and independent

judgment; and
(i) Regularly and directly assist a proprietor or a
managerial employee whose primary duty consists of
the management of the establishment in which he is
employed or subdivision thereof; or
(ii) execute under general supervision work along
specialized or technical lines requiring special
training experience or technical lines requiring
special training, experience, or knowledge, or
(iii)
execute, under general

assignments and tasks.
supervision,
special
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Who do not devote more than 20% of their hours worked in a

work week to activities which are not directly and closely
related to the performance of the work described in paragraphs
(1), (2), and (3) above. (Rule 1, Sec 2c, Implementing Rules
and Regulations of Book III, Labor Code)
3. Field Personnel;
Field personnel is not merely concerned with the location where

the employee regularly performs his duties but also with the fact
that the employees performance is unsupervised by the employer
whose actual hours of work in the field cannot be determined by
reasonable certainty. Autobus Transport Sys, Inc vs Bautista,
May 16, 2005
Fishermen employed by petitioner have no choice but to remain on
board its vessel. Although they perform non-agricultural work away
from petitioners business offices, the fact remains that throughout
the duration of their work teu are under the effective control and
supervision of petitioner through the vessels patron or master as
the NLRC correctly held.
Mercidar Fishing Corporation vs
NLRC, Oct 8, 1998
4. Members of the family of the employee solely dependent upon him
for support;
They are not covered because their support may even exceed the
benefits given under Book III of the Labor Code.
5. Domestic helper/family drivers those in the personal service of the
employer and who cater to the comfort and the convenience of his
family or household;
Tasks are usually necessary and desirable in the maintenance or
enjoyment of the home; and
Personal comfort, convenience and safety of the employer, as
well as of the members of the household.
6. Employees paid by result, piece rate workers, pakyaw basis, task
basis or by commission; and
The basis of their compensation if work accomplished. The
employer has no control over their work
Refer to Makati Haberdashery vs NLRC
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7. Employees of retail establishments and service establishments

employing not more than 10 employees.
These employees are also not entitled to:
Overtime pay;
Premium pay for rest days and holidays;
Night shift differential;
Holiday pay;
Service incentive leave; and
Service charges.
1. Hours of Work
a.
Coverage and Exclusions
Coverage: All employees of establishments and undertakings
Excluded: Refer to Art 82
1. Government employees of GOCCs with original charter;
2. Managerial
Employees
(including
supervisory
employees);
3. Field Personnel;
4. Members of the family of the employee solely
dependent upon him for support;
5. Domestic helper/family drivers those in the personal
service of the employer and who cater to the comfort
and the convenience of his family or household;
6. Employees paid by result, piece rate workers, pakyaw
basis, task basis or by commission; and
7. Employees of retail establishments and service
establishments
employing
not
more
than
10
employees.
b.
Normal Hours of Work
Art 83. The normal hours of work shall not exceed 8 hrs a day.
For health personnel, it shall be 8hrs a day for 5days if the
following requisites are met:
Cities and Municipalities with a population of 1M ; and
Hospitals and clinics with at least 100 bed capacity.
Hours worked shall be compensable:
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a) All time during which an employee is required to be on

duty or to be at the employers premises or to be
prescribed to be on duty;
b) All time during which an employee is suffered or
permitted to work (Sec 3, Rule I, LC, IRR, Bk III)
(Sec 4, Rule I, LC, IRR, Bk III)
c.
Exceptions
Art 83. Except where the exigencies of the service require that
such personnel work for 6 days or 48 hours, in which case they
shall be entitled to an additional compensation of at least 30%
of their regular wage for work on the 6th day.
d.
Work interrupted due to brownouts
e.
Meal Breaks
f. Idle time, waiting time, commuting time, travel time whether
paid of hours of work or not
g.
Overtime work
h.
Night work
i. CBA provisions vis--vis overtime work
j. Night Shift Differential
k.
Holiday pay
l. Service Incentive Leaves
2. Wages
Wages are remuneration or earnings, however designated, capable of
being expressed in terms of money whether fixed or ascertained oon a
time, task, piece or commission basis, or other method of calculating
the same, which is payable by an employer to employee under a
written or unwritten contract of employment for work done, or for work
to be done, or for service rendered or to be rendered. (Chavez vs
NLRC)
a.
No work , no pay principle
University of Pangasinan Faculty Union vs NLRC
b.
Coverage and Exclusions
c.
Facilities vs Supplements
Supplements constitute extra-remuneration or special priveleges
or benefits given to or received by the laborers over and above
their ordinary earnings or wages.
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Facilities are items of necessary expenses for the laborers and

his familys existence and subsistence so that by express
provision of law, they form part of the wage and when furnished
by employer are deductible therefrom, since they are not so
furnished, the laborer would spend and pay for them just the
same.
Note: Be prepared to be asked for
differentiating facilities from supplements.
d.
various
examples
Wages vs Salaries
e.
Wage Distortion
Wage distortion is a situation where an increase in the
prescribed wage rates results in the elimination or severe
contraction of intentional quantitative differences in wage or
salary rates between and among employee groups in an
establishment as to effectively obliterate the distinctions
embodied in such wage structure based on skills, length of
service or other logical bases of differentiation (RA 6727,
Metrobank Employees Union vs NLRC).
Note that wage distortion is a non-strikeable issue.
The
resolution for wage distortion issue shall be sought by voluntary
negotiation or arbitration and not by strikes, or lockouts (RA
6727, Ilaw at Buklod ng Manggagawa vs NLRC)
Elements of Wage Distortion (Prubankers Assoc vs Pru Bank
& Trust Co):
1. There is hierarchy of positions with corresponding salary
rates;
2. Significant change in the salary rate of a lower pay class
without a concomitant increase in the higher one;
3. Elimination of the distinction between the two levels; and
4. The existence of the distortion between the two levels in
the same region of the country.
f.CBA provisions vis--vis Wage Order, CBA creditability
The Credibility provision in Wage Order No. 6 is based on impt
public policy, that is, the encouragement of employers to grant
wage and allowance increases to their employees higher than
the minimum rates of increases prescribed by the statute or
administrative regulation (Producers bank vs NLRC).
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My take on this: In other words, the employees have the right to

negotiate for a higher salary than what the Regional Tripartite
Wage Productivity Board or similar agencies prescribe. Wage
Order No 6 prevent the sanctioning of employers who increase
the wage of the employees without waiting for the statutory
prescribed increase in the latters salary. Rather, it encourages
the same as bargaining with the employer is a constitutional
right and that wages is included in the negotiation. In addition,
CBA is the contract between the parties.
g.
Non-dimunition of Benefits
Art 100. Prohibition of Elimination or Dimunition of Benefits
Art 127. Non-Dimunition of Benefits
No wage order issued by any regional board shall provide for
wage rates lower than the statutory minimum wage rates
prescribed by the Congress (as amended by RA 6727).
Versus Non-diminition of Benefits
h.
Workers Preference in case of bankruptcy
Art 110, Sec 10 Rule VIII Implementing Rules and Regulations of
Book III
i.Labor Code provisions for wage protections
Art 112 - 119
j.Allowable deductions without employees consent
Art 113.
Galvadores vs Trajano
k.
Attorneys fees and Union Service Fee in Labor
Cases
Art 111.
l. Criteria / Factors for Wage Setting
3. Rest Day
a.
b.
c.
Right to Weekly Rest Day

Preference of the Employee
When work on a rest day is authorized
4. Holidays
a.
Right to Holiday Pay
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b.
5. Leaves
a.
b.
c.
d.
e.
Exclusions for Coverage

Service Incentive Leave
Maternity Leave
Paternity Leave
Parental Leave
Leaves for victims of violence against women
6. Service Charges
a.
Coverage
b.
Exclusions
c.
Distribution
d.
Integration
7. 13th Month
a.
b.
c.
d.
Pay and other Bonuses

Coverage
Exclusions ad Exemptions from Coverage
Nature of the 13th Month Pay
CBA vis--vis 13th Month Pay
8. Women Workers (RA 10151)

a.
Discrimination
b.
Stipulation against Marriage
c.
Prohibited Acts
d.
Classification of Certain Women Workers
e.
Anti-Sexual Harassment Act
9. Minor Workers (RA 7610, as amended by RA 7678 and RA 9231)
a.
Regulation of Working Hours of a Child
b.
Employment of the child in public entertainment
c.
Prohibition of employing minors n certain undertaking and
certain advertisements
10.
Employment of Househelpers
a.
Definition
b.
Benefits accorded to Househelpers
c.
Termination
d.
Reliefs for Unjust Termination
11.
Employment of Homeworkers
a.
Definition
b.
Rights and Benefits accorded to Homeworkers
c.
Conditions for deduction from Homeworkers earnings
12.
Apprentice and Learners

a.
Distinctions between Learnership and Apprenticeship
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13.
Handicapped Workers ((RA 7277, as amended by RA
9242)
a.
Definition of Handicapped Workeres
b.
Rights of Disabled Workers
c.
Prohibitions on Discrimintaion adgainst Disabled Persons
d.
Incentives for Employers
D. TERMINATION OF EMPLOYMENT
1. Employer-Employee Relationship
a.
4-Fold Test
b.
Probationary Employment
c.
Kinds of Employment
1. Regular Employment
Reasonable Connection Rule
2. Project Employment
Indicators of Project Employment
3. Seasonal Employment
4. Casual Employment
5. Fixed Term Employment
Requisite for Validity
d.
1.
2.
3.
4.
Job-Contracting and Labor-Only Contracting

When is there Job-Contracting?
When is there Labor-Only Contracting?
Conditions that must concur in legitimate job contracting
Effects of Finding that there is labor only contracting
2. Termination of Employment
a.
Substantive Due Process
1. Just Causes
a) Serious Misconduct or Willful Disobedience
b) Gross and Habitual Neglect of Duties
c) Fraud or Willful Breach of Trust
d) Abandonment of Employment
e) Termination of Employment pursuant to a Union
Security Clause
f) Totality of Infractions Doctrine
2. Authorized Causes
a) Redundancy /Retrenchment and Closure
i. Procedural Steps Required
ii. Requirements for Valid Retrenchment
/redundancy
iii. Criteria for selecting employees for dismissal
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iv. Standards to be followed

3. Disease or Illness
b.
c.
Procedural Due Process

1. Reinstatement Aspect
a) Immediately executor
i. Actual Reinstatement
ii. Payroll Reinstatement
2. Separation Pay in lieu of Reinstatement
a) Strained Relations Rule
3. Backwages
a) Components of the Amount of Backwages
4. Constructive Dismissal
5. Preventive Suspenion
6. Quitclaims
7. Termination of Employment by Employee
Reliefs for Illegal Dismissal
3. Retirement Pay Law

a.
Coverage
b.
Exclusions from Coverage
c.
Components of Retirement Pay
d.
Retirement Pay under RA 7641 vis-a-viis retirement
benefits under SSS and GSIS laws
E. MANAGEMENT PREROGATIVE
1. Discipline
2. Transfer of Employees
3. Productivity Standards
4. Grant of Bonus
5. Change of Working Hours
6. Marital Discrimination
7. Post-employment Ban
8. Limitations in its Exercise
F. SOCIAL LEGISLATION
1. SSS Law
a.
Coverage
b.
Exclusions from Coverrage
c.
Benefits
d.
Beneficiaries
2. GSIS Law
a.
b.
c.
d.
Coverage
Exclusions from Coverage
Benefits
Beneficiaries
LABOR LAW REVIEW 73
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3. Limited Portability Law

4. Employees Compensation Coverage
LABOR CASES: FLOWCHART OF FILING CASES

I.
Cases falling under the Original Exclusive Jurisdiction of the Labor

Arbiter
File the Labor Cases before the Labor Arbiter. Cases under its jurisdiction
are enumerated under Art 217. The following are also included:
Money claims of OFWs are also included by virtue of RA 8042;
Wage distortion in an unorganized establishments by virtue of RA
6727;
Enforcement of compromise agreements (Art 227 of the Labor
Code); and
Cases arising out of the interpretation and implementation of the
CBA by virtue of Revised Rules of Procedures of the NLRC.
Note that the Labor Arbiters have the ancillary power to issue injunctions
only as incidents to cases pending before it in order to preserve the rights of
the parties. This, however, does not include injunction on strikes or
lockouts. (Pondoc vs NLRC)
File an Ordinary Appeal of the decision of the Labor Arbiter before the NLRC
within 10 calendar days. The grounds for appeal are as follows:
1.
2.
3.
4.
If there is prima facie evidence of abuse of discretion on the part of

the Labor arbiter;
If the decision, order or award was secured through fraud, or
coercion, including graft and corruption;
If made purely on questions of law; and
If serious errors in the findings of facts are raised which would cause
grave of irreparable damage of injury to the appellant.
(Art 223)
The NLRC shall decide the cases within 20 calendar days from receipt of the
answer of the appellee. Its decision shall be final and executory after 10
calendar days from the receipt of the parties.
Motion for
Reconsideration
File a Petition for Certiorari under Rule 65 before the Court of
Appeals within _________________.
Rule 43 of the Rules of Court is not binding on Labor Cases (Rule
43, Sec 2).
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File a Petition for Review on Certiorari under Rule 45

before the Supreme Court within _________________.
II.
III.
IV.
V.
Direct and Indirect Contempt Cases

Cases falling under the Original Exclusive Jurisdiction of the Regional
Director
Cases falling under the Original Exclusive Jurisdiction of the Bureau of
Labor Relations
Cases falling under the Original Exclusive Jurisdiction of the NLRC
LABOR LAW REVIEW 75

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INTRODUCTION

LABOR means physical toil

LABOR STANDARDS minimum requirements prescribed by existing laws,

KINDS OF LABOR LAWS

LABOR LAWS & SOCIAL LEGISLATIONS

SOURCES OF LABOR LAWS

Art II, Sec 18

Art XII, Sec 12

Art XIII, Sec 1

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 1

Section 1. The Congress shall give highest priority to the

Art XIII, Sec 3*

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 2

*2009 Bar Exam Question

principle of shared responsibility between workers and employers and the

preferential use of voluntary modes in settling disputes

regulation of relations bet workers and employees

creation of economic opportunities

*2006 Bar Exam Question

Art XIII, Sec 14

Constitutional Provisions are not self-executing.

LABOR LAW REVIEW 3

Serrano vs Gallant Maritime Services, Inc.

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 4

Revised Penal Code

BASES OF LABOR LAWS

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CHARINA FLOR A. CACHO

LABOR LAW REVIEW 6

The policy of social justice is not intended to countenance wrongdoing

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 7

THE LABOR CODE OF THE PHILIPPINES

13 Month Pay Law

Wage Rationalization Act

Magna Carta for Women

Anti-Violence Against Women and their Children

Anti-Photo and Video Voyeurism Act of 2009

Special Protection of Children against Abuse,

CHARINA FLOR A. CACHO

Provisions re Nightworkers, Repealing Art 130 and 131

LABOR LAW REVIEW 8

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 9

Section 1. No person shall be deprived of life, liberty, or

Section 1. The Congress shall give highest priority to the

Section 3. The State shall afford full protection to

unorganized, and promote full employment and

LABOR LAW REVIEW 10

decision-making processes affecting their rights and

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 11

Art. 1704. In collective bargaining, the labor union or members of the

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 12

It is the policy of the State:

CHARINA FLOR A. CACHO

LABOR LAW REVIEW 13