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When is IR considered ECONOMIC SABOTAGE? When committed by a SYNDICATE or in LARGE SCALE What is SYNDICATED IR? (or When is IR deemed committed by a SYNDICATE?) 1. Carried out by group of 3 or more persons; and 2. Conspiring or Confederating with each other. What is LARGE SCALE IR? (or When is IR deemed committed in LARGE SCALE?) 1. If committed AGAINST 3 or more persons; 2. Individually or as a group (grouply) Who are the PERSONS CRIMINALLY LIABLE for IR? Sec 6, RA 8042 1. Principals, Accomplices & Accessories 2. If Juridical P: Officers having Control, Management, & Direction of B 3. Employees of IR who actively & consciously participate in IR (P vs. Cabais, GR 129070, Mar 16, 2001; P vs. Flores, GR 138535-38 Apr 19, 2001) Does absence or want of Receipts defeat criminal prosecution of IR? Yes, even by testimonial evidence if it is credible and can positively show the IR did the prohibited acts. P vs. Sagaydo, GR 124671-75 Sept 29, 2000) Yes, presentation of receipts acknowledging payments is not necessary for successful prosecution of IR charge. (P vs. Ong, GR 119594, Jan 18, 2000) Does conviction of IR under LC bar prosecution for Estafa under the RPC? No. provided the elements of estafa are present. (P vs. Calonzo, GR 115150-55, Sep 27, 1996) General elements of estafa: 1. Defraud another 2. By means of abuse of confidence or deceit 3. Damage P vs. Hernandez, GR 141221-36, Mar 7, 2002) Accused convicted of ESTAFA Art 315 (2) RPC. Represented to have capacity to send W to Italy. Induced W to pay P150K. NL/NA.

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Does DOLE Sec or POEA have power to issue ARREST & SEARCH warrants? No. The power belongs to a judge. They must go thru judicial process. (Salazar vs. Achacoso & Marquez, GR 81510, Mar 14, 1990) Note: This does not mean DOLE Sec or POEA cannot cause the arrest of IR. Sec 5 Rule 113 of Rules of Court may still be enforced. This does not mean DOLE Sec or POEA cannot issue CLOSURE ORDER, so long as procedure under RA 8042s Implementing Rules is observed.

Art. 39 PENALTIES (For IR turned ECONOMIC SABOTAGE) Q A Q A What is the penalty for simple IR? (Sec 7, RA 8042) Prision Mayor & Fine 200k-500k. What is the penalty for IR that turned into ECONOMIC SABOTAGE? (Sec 7, RA 8042) Life Imprisonment and Fine 500K-1MM (for IR turned ECONOMIC SABOTAGE)

Note: The Penalty range remains discretionary to the Judge. This is an improvement from Art. 39 (a) with penalty of LI plus Fine 100K. Q A Q A Q A Q A Q When does the imposition of the maximum penalty for IR become ministerial? (Sec 7, RA 8042) 1. victim below 18 yo 2. IR by non L/A When is IR considered ECONOMIC SABOTAGE? When committed by a SYNDICATE or in LARGE SCALE What is SYNDICATED IR? (or When is IR deemed committed by a SYNDICATE?) 1. Carried out by group of 3 or more persons; and 2. Conspiring or Confederating with each other. What is LARGE SCALE IR? (or When is IR deemed committed in LARGE SCALE?) 1. If committed AGAINST 3 or more persons; 2. Individually or as a group (grouply) Many victims. Only one complainant.IR committed by 3 Recruiters. Are the recruiters liable for LS-IR or S-IR?

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Syndicated IR. Not LS-IR because there is only one complainant. (People vs. Hernandez, GR 141221-36, Mar 7, 2002) 6 victims. IR committed by 1 Recruiter. Is the recruiter liable for LS-IR or SIR? Large Scale IR. Not Syndicated IR because there is only one recruiter. (People vs. Tan Tiong Meng, GR 120835-40 Apr 10, 1997; People vs. Arabia, GR 138431-36 Sep 12, 2001) May an accused be convicted of IR even if the elements of Large scale or syndicated are not proved? Yes. Simple IR. (People vs. Sagun, GR119076 Mar 25, 2002) What is the venue of action in IR? (Sec 7, RA 8042) RTC of place of commission, or RTC of place of victim. What is the mandatory periods for resolving IR case? (Sec 11, RA 8042) - Prelim Inv 30 cal days - If prima facie found by Prosecutor information filed w/in 24 hours. - If prima facie found by Judge - information filed w/in 48 hours. What is the PRESCRIPTIVE PERIOD of IR cases? 5 years for SIMPLE IR 20 years for IR-Economic Sabotage May an accused for IR be also convicted of estafa? Yes. Independent of each other.

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Art. 40 EMPLOYMENT OF ALIENS Q A Q A Q A Are all aliens required to secure Employment Permit? No, only NRA are required. (Almodiel vs. NLRC GR 100641, June 14, 1993, 42 SCAD 354) What is required of Immigrants or RA? Alien Employment Registration Certificate (AERC) Which Agency is empowered to Issue Alien Employment Permit ? DOLE.

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Are aliens absolutely prohibited from being employed in Nationalized Business? No. They are allowed in Technical, Supervisory or Advisory Position or where they are elected members of the governing Board with foreign proportionate participation allowed by law. What is now the prevailing Rule re Alien Employment? D.O. No. 75 issued May 31, 2006.

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BOOK II LABOR STANDARDS CHAPTER III August 1, 2010 NATIONAL MANPOWER DEVELOPMENT PROGRAM Q What are the States Objectives in Manpower Development: (Art. 43 LC) 1. DEVELOP HR 2. ESTABLISH TRAINING INSTITUTIONS 3. FORMULATE PLANS AND PROGRAMS To Ensure - Efficient Allocation, Development & Utilization of the Nations Manpower To promote Employment and accelerate economic & social growth Q What is Manpower? - Portion of the nations population having actual or potential capability to contribute directly to the production of goods and services. What is Entrepreneurship? Q Training for self-employment or assisting individual or small industries within the purview of the National Manpower Development Program.

What is TESDA (Technical Education and Skills Development Authority)? This replaced the defunct National Manpower and Youth Council by virtue of RA 7796 An Act creating TESDA (Approved Aug 25, 1994) Implementing Rules Jan 24, 1995. (Please read Appendix) APPRENTICES

What is an Apprentice? is one trained in a highly skilled job or in a job found only in highly skilled industry under an Apprenticeship Agreement approved by DOLE.

What is the maximum period of Apprenticeship?

- 6 months What is Minimum Salary? - 75% of minimum wage Rule: DOLEs prior approval of the Program Prerequisite or else the apprentice becomes a regular employee (Nitto Enterprises vs. NLRC, GR 114337 Sept 27, 1995)

What is the Apprenticeable Age? 15 years old.

ATLANTA INDUSTRIES, INC. VS. SABOLINO, GR 187320, Jan 26, 2011 Retention of Apprentice beyond the expiration period of Apprenticeship Agreement makes him REGULAR EE. LEARNERS Q What is a Learner? is one trained in a semi-skilled job or in industrial occupations requiring less than 3 months of training under a Learnership Agreement approved by DOLE.

Similarity of Apprenticeship and Learnership training periods for job requiring skills acquirable through actual work experience. 75% of MW salary

Distinction of Apprenticeship and Learnership

Learner semi-skilled job or non-technical job 3 mos training Non-apprenticeable job ER commits to hire after learnership period

Apprentice highly skilled or highly technical jobs 6 mos training Apprenticeable job ER does not commit to hire after apprenticeship period

HANDICAPPED WORKERS Q When Employable? 1. When emp necessary to prevent curtailment of access to work opportunity 2. When no unfair competition in terms of labor cost or lower work standards. Q May handicapped workers be employed as L or A? Yes, when the handicap does not impair job performance Q May handicapped workers become Regular EEs?