2016 BAR EXAMINATIONS

POLITICAL LAW
November 6, 2016

8:00 A.M. - 12:00 N.N.

INSTRUCTIONS

1. This Questionnaire contains ten (10) pages. Check the number of pages and make sure it has the
correct number of pages and their proper numbers.
All the items have to be answered within/our (4) hours. Since there are twenty (20) questions, you
have 12 minutes to answer each question, and 6 minutes to answer each sub-question. You may
write on the Questionnaire for notes relating to the questions.
Read each question very carefully and write your answers in your Bar Examination Notebook in the
same order the questions are posed. Write your answers only on the front of every sheet in your
Notebook. If not sufficient then start with the back page of the first sheet and thereafter. Note well the
allocated percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.
2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate
page. An answer to a sub-question under the same number may be written continuously on the
same page and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts, apply the pertinent . laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, jurisprudence, and the facts.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
full credit. Thus, always briefly but fully explain your answers although the question does not
expressly ask for an explanation. You do not need to re-write or repeat the question in your
Notebook.
3. Make sure you do not write your name or any extraneous note/s or distinctive markingls on your
Notebook that can serve as an identifying mark/s (such as names that are not in the given questions,
prayers, or private notes to the Examiner).
Writing, leaving, or making any distinguishing or identifying mark in the exam Notebook is considered
cheating and can disqualify you.
YOU CAN BRING HOME THE QUESTIONNAIRE.
JUSTICE PRESBITERO J. VELASCO, JR.
Chairman
2016 Bar Examinations
-IThe contents of the vault of ABC company consisting of cash and documents were stolen. Paulyn,
the treasurer of ABC, was invited by the Makati City Police Department to shed light on the amount of
cash stolen and the details of the missing documents. Paulyn obliged and volunteered the
information asked. Later, Paulyn was charged with qualified theft together with other suspects.
Paulyn claims her rights under the Constitution and pertinent laws were blatantly violated. The police
explained that they were just gathering evidence when Paulyn was invited for a conference and she
was not a suspect at that time. Rule on her defense. (5%)
-IISec. 11, Art. XII of the Constitution, provides: "No franchise, certificate or any other form of
authorization for the operation of a public utility shall be granted except to citizens of the Philippines
or to corporations or associations organized under the laws of the Philippines at least sixty per
centum of whose capital is owned by such citizens xx x." Does the term "capital" mentioned in the
cited section refer to the total common shares only, or to the total outstanding capital stock, or to both
or "separately to each class of shares, whether common, preferred non-voting, preferred voting or
any class of shares?" Explain your answer. (5%)

-IIIA law converted the component city of Malumanay, Laguna into a highly urbanized city. The Local
Government Code (LGC) provides that the conversion "shall take effect only after it is approved by
the majority of votes cast in a plebiscite to be held in the political units directly affected."
Before the COMELEC, Mayor Xenon ofMalumanay City insists that only the registered voters of the
city should vote in the plebiscite because the city is the only political unit directly affected by the
conversion. Governor Yuri asserts that all the registered voters of the entire province of Laguna
should participate in the plebiscite, because when the LGC speaks of the "qualified voters therein," it
means all the voters of all the political units affected by such conversion, and that includes all the
voters of the entire province. He argues that the income, population and area of Laguna will be
reduced. Who, between Mayor Xenon and Governor Yuri, is correct? Explain your answer. (5%)
-IVSeveral concerned residents of the areas fronting Manila Bay, among them a group of students who
are minors, filed a suit against the Metro Manila Development Authority (MMDA), the Department of
Environment and Natural Resources (DENR), the Department of Health (DOH), the Department of
Agriculture (DA), the Department of Education (DepEd), the Department of Interior and Local
Government (DILG), and a number of other executive agencies, asking the court to order them to
perform their duties relating to the cleanup, rehabilitation and protection of Manila Bay. The complaint
alleges that the continued neglect by defendants and their failure to prevent and abate pollution in
Manila Bay constitute a violation of the petitioners' constitutional right to life, health and a balanced
ecology.
[a] If the defendants assert that the students/petitioners who are minors do not have locus
standi to file the action, is the assertion correct? Explain your answer. (2.5%)
[b] In its decision which attained finality, the Court ordered the defendants to clean up,
rehabilitate and sanitize Manila Bay within eighteen (18) months, and to submit to the Court
periodic reports of their accomplishment, so that the Court can monitor and oversee the
activities undertaken by the agencies in compliance with the Court's directives. Subsequently,
a resolution was issued extending the time periods within which the agencies should comply
with the directives covered by the final decision. A view was raised that the Court's continued
intervention after the case has been decided violates the doctrine of separation of powers
considering that the government agencies all belong to the Executive Department and are
under the control of the President. Is this contention correct? Why or why not? (2.5%)
-VSection 8 of P.D. No. 910, entitled "Creating an Energy Development Board, defining its powers and
functions, providing funds therefor and for other purposes," provides that: "All fees, revenues and
receipts of the Board from any and all sources x x x shall form part of a Special Fund to be used to
finance energy resource development and exploitation programs and projects of the government and
for such other purposes as may be hereafter directed by the President."
The Malampaya NGO contends that the provision constitutes an undue delegation of legislative
power since the phrase "and for such other purposes as may be hereafter directed by the President"
gives the President unbridled discretion to determine the purpose for which the funds will be used.
On the other hand, the government urges the application of ejusdem generis.
[a] Explain the "completeness test" and "sufficient standard test." (2.5%)
[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? (2.5%)
-VIPornographic materials in the form of tabloids, magazines and other printed materials, proliferate and
are being sold openly in the streets of Masaya City. The City Mayor organized a task force which
confiscated these materials. He then ordered that the materials be burned in public. Dominador,
publisher of the magazine,"Plaything", filed a suit, raising the following constitutional issues: (a) the
confiscation of the materials constituted an illegal search and seizure, because the same was done
without a valid search warrant; and (b) the confiscation, as well as the proposed destruction of the
materials, is a denial of the right to disseminate information, and thus, violates the constitutional right
to freedom of expression. Is either or both contentions proper? Explain your answer. (5%)

-VIIErnesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing that
Ernesto is a minor, SPOl Jojo asked Ernesto to exhibit his driver's license but Ernesto failed to
produce it. SPOI Jojo requested Ernesto to alight from the vehicle and the latter acceded. Upon
observing a bulge in the pants of Ernesto, the policeman frisked him and found an unlicensed .22caliber pistol inside Ernesto's right pocket. Ernesto was arrested, detained and charged. At the trial,
Ernesto, through his lawyer, argued that, policemen at mobile checkpoints are empowered to conduct
nothing more than a ''visual search". They cannot order the persons riding the vehicle to alight. They
cannot frisk, or conduct a body search of the driver or the passengers of the vehicle.
Ernesto's lawyer thus posited that:
[a] The search conducted in violation of the Constitution and established jurisprudence was
an illegal search; thus, the gun which was seized in the course of an illegal search is the "fruit
of the poisonous tree" and is inadmissible in evidence. (2.5%)
[b] The arrest made as a consequence of the invalid search was likewise illegal, because an
unlawful act (the search) cannot be made the basis of a lawful arrest. (2.5%)
Rule on the correctness of the foregoing arguments, with reasons.
-VIIIA law is passed intended to protect women and children from all forms of violence. When a woman
perceives an act to be an act of violence or a threat of violence against her, she may apply for a
Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the
force and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went
to court to challenge the constitutionality of the law. He raises the following grounds:
[a] The law violates the equal protection clause, because while it extends protection to
women who may be victims of violence by their husbands, it does not extend the same
protection to husbands who may be battered by their wives. (2.5%)
[b] The grant of authority to the Barangay Chairman to issue a Barangay Protection Order
(BPO) constitutes an undue delegation of judicial power, because obviously, the issuance of
the BPO entails the exercise of judicial power. (2.5%)
Rule on the validity of the grounds raised by Conrado, with reasons.
-IXThe Government, through Secretary Toogoody of the Department of Transportation (DOTr), filed a
complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned by Baldomero.
The court granted the expropriation, fixed the amount of just compensation, and installed the
Government in full possession of the property.
[a] If the Government does not immediately pay the amount fixed by the court as just
compensation, can Baldomero successfully demand the return of the property to him?
Explain your answer. (2.5%)
[b] If the Government paid full compensation but after two years it abandoned its plan to build
an airport on the property, can Baldomero compel the Government to re-sell the property
back to him? Explain your answer. (2.5%)
-XThe Philippines entered into an international agreement with members of the international community
creating the International Economic Organization (IEO) which will serve as a forum to address
economic issues between States, create standards, encourage greater volume of trade between its
members, and settle economic disputes. After the Philippine President signed the agreement, the
Philippine Senate demanded that the international agreement be submitted to it for its ratification.
The President refused, arguing that it is an executive agreement that merely created an international
organization and it dwells mainly on addressing economic issues among States.
Is the international agreement creating the IEO a treaty or an executive agreement? Explain. (5%)

-XIThe USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic waters on its
way to Australia. Because of the negligence of the naval officials on board, the vessel ran aground off
the island of Pala wan, damaging coral reefs and other marine resources in the area. Officials of
Palawan filed a suit for damages against the naval officials for their negligence, and against the U.S.,
based on Articles 30 and 31 of the United Nations Convention on the Law of the Sea (UNCLOS).
Article 31 provides that the Flag State shall bear international responsibility for any loss or damage to
the Coastal State resulting from noncompliance by a warship with the laws and regulations of the
coastal State concerning passage through the territorial sea. The U. S. Government raised the
defenses that:
[a] The Philippine courts cannot exercise jurisdiction over another sovereign State, including
its warship and naval officials. (2.5%)
[b] The United States is not a signatory to UN CLOS and thus cannot be bound by its
provisions. (2.5%)
Rule on the validity of the defenses raised by the U.S., with reasons.
-XIIParagraphs c, d and f of Section 36 of Republic Act No. 9165 provide:
"Sec. 36. Authorized drug testing. xx x The following shall be subjected to undergo drug testing: xx x
c. Students of secondary and tertiary schools x x x;
d. Officers and employees of public and private offices x x x;
f. All persons charged before the prosecutor's office with a criminal offense having an
imposable imprisonment of not less than 6 years and 1 day;"
Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for violating the right to
privacy, the right against unreasonable searches and seizures and the equal protection clause.
Decide if the assailed provisions are unconstitutional. (5%)
-XIIIWhile Congress was not in session, the President appointed Antero as Secretary of the Department
of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman
of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights
(CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees
took their oath before the President, and commenced to perform the functions of their respective
offices.
[a] Characterize the appointments, whether permanent or temporary; and whether regular or
interim, with reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit,
contesting the legality of the acts of the appointees and claiming that the appointees should
not have entered into the performance of the functions of their respective offices, because
their appointments had not yet been confirmed by the Commission on Appointments. Is this
claim of VAMP correct? Why or why not? (2.5%)
-XIVOnofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he married
Salvacion, a Mexican, and together they applied for and obtained American citizenship in 2001. In
2015, the couple and their children --Alfred, 21 years of age, Robert, 16, and Marie, 14, who were all
born in the U.S. -- returned to the Philippines on June 1, 2015. On June 15, 2015, informed that he
could reacquire Philippine citizenship without losing his American citizenship, Onofre went home to
the Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October 28,
2015, he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the position of
Congressman in his home province of Pala wan, running against re-electionist Congressman
Profundo.

[a] Did Onofre's reacquisition of Philippine citizenship benefit his wife, Salvacion, and their
minor children and confer upon them Filipino citizenship? Explain your answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundo's lawyer filed a Petition to Deny Due Course
or to Cancel the Certificate of Candidacy against Onofre. What grounds can he raise in his
Petition to support it? Explain your answer. (2.5%)
-XVCongress passed a bill appropriating PlOO-billion. Part of the money is to be used for the purchase
of a 200-hectare property in Antipolo. The rest shall be spent for the development of the area and the
construction of the Universal Temple for All the World's Faiths (UTAW-F). When completed, the site
will be open, free of charge, to all religions, beliefs, and faiths, where each devotee or believer shall
be accommodated and treated in a fair and equal manner, without distinction, favor, or prejudice.
There will also be individual segments or zones in the area which can be used for the conduct of
whatever rituals, services, sacraments, or ceremonials that may be required by the customs or
practices of each particular religion. The President approved the bill, happy in the thought that this
could start the healing process of our wounded country and encourage people of varied and
oftenconflicting faiths to live together in harmony and in peace.
If the law is questioned on the ground that it violates Sec. 5, Article III of the Constitution that "no law
shall be made respecting an establishment of religion or prohibiting the free exercise thereof," how
will you resolve the challenge? Explain. (5%)
-XVIJojo filed a criminal complaint against Art for theft of a backpack worth P150.00 with the Office of the
City Prosecutor of Manila. The crime is punishable with arresto mayor to prision correccional in its
minimum period, or not to exceed 4 years and 2 months. The case was assigned to Prosecutor
Tristan and he applied Sec. 8(a) of Rule 112 which reads: "(a) If filed with the prosecutor. - If the
complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less
than four (4) years, two (2) months and one (1) day, the procedure outlined in Sec. 3(a) of this Rule
shall be observed. The Prosecutor shall act on the complaint within ten (10) days from its filing."
On the other hand, Sec. 3(a) of Rule 112 provides: "(a) The complaint shall state the address of the
respondent and shall be accompanied by affidavits of the complainant and his witnesses as well as
other supporting documents to establish probable cause. x x x"
Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the affidavits and
other supporting documents submitted by the complainant, Prosecutor Tristan did not notify Art nor
require him to submit a counter-affidavit. He proceeded to file the Information against Art with the
Metropolitan Trial Court. Art vehemently assails Sec. 8(a) of Rule 112 as unconstitutional and
violative of due process and his rights as an accused under the Constitution for he was not informed
of the complaint nor was he given the opportunity to raise his defenses thereto before the Information
was filed. Rule on the constitutionality of Sec. 8(a) of Rule 112. Explain. (5%)
-XVII[a] Define the archipelagic doctrine of national territory, state its rationale; and explain how it
is implemented through the straight baseline method. (2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal
as "Regimes of Islands." Professor Agaton contends that since the law did not enclose said
islands, then the Philippines lost its sovereignty and jurisdiction over them. Is his contention
correct? Explain. (2.5%)
-XVIIISec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for more than
three (3) consecutive terms. Rule and explain briefly the reason if the official is prohibited to run for
another term in each of the following situations: (a) ifthe official is a Vice-Mayor who assumed the
position of Mayor for the unexpired term under the Local Government Code; (b) if the official has
served for three consecutive terms and did not seek a 4th term but who won in a recall election; (c) if
the position of Mayor of a town is abolished due to conversion of the town to a city; (d) if the official is
preventively suspended during his term but was exonerated; and (e) if the official is proclaimed as
winner and assumes office but loses in an election protest. (5%)

-XIXFernando filed an administrative complaint against his co-teacher, Amelia, claiming that the latter is
living with a married man who is not her husband. Fernando charged Amelia with committing
"disgraceful and immoral conduct" in violation of the Revised Administrative Code and, thus, should
not be allowed to remain employed in the government. Amelia, on the other hand, claims that she
and her partner are members of a religious sect that allows members of the congregation who have
been abandoned by their respective spouses to enter marital relations under a "Declaration of
Pledging Faithfulness." Having made such Declaration, she argues that she cannot be charged with
committing immoral conduct for she is entitled to free exercise of religion under the Constitution.
[a] Is Amelia administratively liable? State your reasons briefly. (2.5%)
[b] Briefly explain the concept of"benevolent neutrality." (2.5%)
-XXUnder Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to "promulgate
rules concerning the protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts xxx." Section 23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act
of 2002 provides that "any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-bargaining." Patricio, a user
who was charged with alleged sale of shabu but who wants to enter a plea of guilt to a charge of
possession, questions the constitutionality of Sec. 23 on the ground that Congress encroached on
the rule-making power of the Supreme Court under Sec. 5, Article VIII. He argues that pleabargaining is procedural in nature and is within the exclusive constitutional power of the Court. Is
Patricio correct? Explain your answer. (5%)
-END-

2016 BAR EXAMINATIONS

LABOR LAW

November 6, 2016

2:00 P.M. - 6:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check the number of pages and make sure it has the
correct number of pages and their proper numbers. All the items have to be answered within/our (4)
hours. Since there are twenty (20) questions, you have twelve (12) minutes to answer each question,
and six (6) minutes to answer each sub-question. You may write on the Questionnaire for notes
relating to the questions.
Read each question very carefully and write your answers in your Bar Examination Notebook in the
same order the questions are posed. Write your answers only on the front of every sheet in your
Notebook. If not sufficient then start with the back page of the first sheet and thereafter. Note well the
allocated percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.
2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page.
An answer to a sub-question under the same number may be written continuously on the same page
and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, jurisprudence, and the facts.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
full credit. Thus, always briefly but fully explain your answers although the question does not
expressly ask for an explanation. You do not need to re-write or repeat the question in your
Notebook.
3. Make sure you do not write your name or any extraneous note/s or distinctive markingls on your
Notebook that can serve as an identifying mark/s (such as names that are not in the given questions,
prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or
identifying mark in the exam Notebook is considered cheating and can disqualify you.
YOU CAN BRING HOME THE QUESTIONNAIRE.
JUSTICE PRESBITERO J. VELASCO, JR.
Chairman
2016 Bar Examinations
-IWhat are the requisites of a valid quitclaim? (5%)
-IIGregorio was hired as an insurance underwriter by the Guaranteed Insurance Corporation
(Guaranteed). He does not receive any salary but solely relies on commissions earned for every
insurance policy approved by the company. He hires and pays his own secretary but is provided free
office space in the office of the company. He is, however, required to meet a monthly quota of twenty
(20) insurance policies, otherwise, he may be terminated. He was made to agree to a Code of
Conduct for underwriters and is supervised by a Unit Manager.
[a] Is Gregorio an employee of Guaranteed? Explain. (2.5%)
[b] Suppose Gregorio is appointed as Unit Manager and assigned to supervise several
underwriters. He holds office in the company premises, receives an overriding commission on
the commissions of his underwriters, as well as a monthly allowance from the company, and
is supervised by a branch manager. He is governed by the Code of Conduct for Unit
Managers. Is he an employee of Guaranteed? Explain. (2.5%)
-IIIInggo is a drama talent hired on a per drama "participation basis" by DJN Radio Company. He
worked from 8:00 a.m. until 5:00 p.m., six days a week, on a gross rate of P80.00 per script, earning
an average of P20,000.00 per month. Inggo filed a complaint before the Department of Labor and
Employment (DOLE) against DJN Radio for illegal deduction, non-payment of service incentive
leave, and 13th month pay, among others. On the basis of the complaint, the DOLE conducted a

plant level inspection.

The DOLE Regional Director issued an order ruling that Inggo is an employee of DJN Radio, and that
Inggo is entitled to his monetary claims in the total amount of P30,000.00. DJN Radio elevated the
case to the Secretary of Labor who affirmed the order. The case was brought to the Court of Appeals.
The radio station contended that there is no employer-employee relationship because it was the
drama directors and producers who paid, supervised, and disciplined him. Moreover, it argued that
the case falls under the jurisdiction of the NLRC and not the DOLE because Inggo's claim exceeded
P5,000.00.
[a] May DOLE make a prima facie determination of the existence of an employer-employee
relationship in the exercise of its visitorial and enforcement powers? (2.5%)
[b] If the DOLE finds that there is an employee-employer relationship, does the case fall
under the jurisdiction of the Labor Arbiter considering that the claim of inggo is more than
P5,000.00. Explain. (2.5%)
-IVHagibis Motors Corporation (Hagibis) has 500 regular employees in its car assembly plant. Due to
the Asian financial crisis, Hagibis experienced very low car sales resulting to huge financial losses. It
implemented several cost-cutting measures such as cost reduction on use of office supplies,
employment hiring freeze, prohibition on representation and travel expenses, separation of casuals
and reduced work week. As counsel of Hagibis, what are the measures the company . should
undertake to implement a valid retrenchment? Explain. (5%)
-VAsia Union (Union) is the certified bargaining agent of the rimk-and-file employees of Asia Pacific
Hotel (Hotel).
The Union submitted its Collective Bargaining Agreement (CBA) negotiation proposals to the Hotel.
Due to the bargaining deadlock, the Union, on December 20, 2014, filed a Notice of Strike with the
National Conciliation and Mediation Board (NCMB). Consequently, the Union conducted a Strike Vote
on January 14, 2015, when it was approved.
The next day, waiters who are members of the Union came out of the Union office sporting closely
cropped hair or cleanly shaven heads. The next day, all the male Union members came to work
sporting the same hair style. The Hotel . prevented these workers from entering the premises,
claiming that they violated the company rule on Grooming Standards.
On January 16, 2015, the Union subsequently staged a picket outside the Hotel premises and
prevented other workers from entering the Hotel. . The Union members blocked the ingress and
egress of customers and employees to the Hotel premises, which caused the Hotel severe lack of
manpower and forced the Hotel to temporarily cease operations resulting to substantial losses.
On January 20, 2015, the Hotel issued notices to Union members, preventively suspending them and
charging them with the following offenses: (1) illegal picket; (2) violation of the company rule on
Grooming Standards; (3) illegal strike; and (4) commission of illegal acts during the illegal strike. The
Hotel later terminated the Union officials and members who participated in the strike. The Union
denied it engaged in an illegal strike and countered that the Hotel committed an unfair labor practice
(ULP) and a breach of the freedom of speech.
[a] Was the picketing legal? Was the mass action of the Union officials and members an
illegal strike? Explain. (2.5%)
[b] Rule on the allegations of ULP and violation of freedom of speech. Explain. (2.5%)
-VIPedro, a bus driver of Biyahe sa Langit Transport, was involved in a collision with a car, damaging
the bus. The manager accused him of being responsible for the damage and was told to submit his
written explanation within 48 hours. Pedro submitted his explanation within the period. The day.after,
Pedro received a notice of termination stating that he is dismissed for reckless driving resulting to
damage to company property, effective immediately. Pedro asks you, as his counsel, if the company
complied with the procedural due process with respect to dismissal of employees.

[a] Explain the twin notice and hearing rule. (2.5%)

[b] Did the Biyahe sa Langit Transport comply with the prior procedural requirements for
dismissal? (2.5%)
-VIIForbes Country Club (Club) owns a golf course and has 250 rank-and-file employees who are
members of the Forbes Country Club Union (Union). The Club has a CBA with the Union and one of
the stipulations is a Union Security Clause, which reads: "All regular rank-and-file employees who are
members of the union shall keep their membership in good standing as a condition for their continued
employment during the lifetime of this agreement."
Peter, Paul and Mary were the Treasurer, Assistant Treasurer, and Budget Officer of the Union,
respectively. They were expelled by the Board of Directors of the Union for malversation. The Union
then demanded that the Club dismiss said officials pursuant to the Union Security Clause that
required maintenance of union membership. The Club required the three officials to show cause in
writing why they should not be dismissed. Later, the Club called the three Union officials for a
conference regarding the charges against them. After considering the evidence submitted by the
parties and their written explanations, the Club dismissed the erring officials. The dismissed officials
sued the Club and the Union for illegal dismissal because there was really no malversation based on
the documents presented and their dismissal from the Union was due to the fact that they were
organizing another union.
[a] Is the dismissal of Peter, Paul and Mary by the Club valid? (2.5%)
[b] If the expulsion by the Union was found by the Labor Arbiter to be baseless, is the Club
liable to Peter, Paul and Mary? Explain. (2.5%)
-VIIIDifferentiate learnership from apprenticeship with respect to the period of training, type of work,
salary and qualifications. (5%)
-IXZienna Corporation (Zienna) informed the Department of Labor and Employment Regional Director of
the end of its operations. To carry out the cessation, Zienna sent a Letter Request for Intervention to
the NLRC for permission and guidance in effecting payment of separation benefits for its fifty (50)
terminated employees.
Each of the terminated employees executed a Quitclaim and Release before Labor Arbiter
Nocomora, to whom the case was assigned. After the erstwhile employees received their separation
pay, the Labor Arbiter declared the labor dispute dismissed with prejudice on the ground of
settlement. Thereafter, Zienna sold all of its assets to Zandra Company (Zandra), which in tum hired
its own employees.
Nelle, one of the fifty (50) terminated employees, filed a case for illegal dismissal against Zienna. She
argued that Zienna did not cease from operating since the corporation subsists as Zandra. Nelle
pointed out that aside from the two companies having essentially the same equipment, the managers
and owners of Zandra and Zienna are likewise one and the same.
For its part, Zienna countered that Nelle is barred from filing a complaint for illegal dismissal against
the corporation in view of her prior acceptance of separation pay.
Is Nelle correct in claiming that she was illegally dismissed? (5%)
-XLazaro, an engineer, organized a union in Garantisado Construction Corporation (Garantisado) which
has 200 employees. He immediately filed a Petition for Certification Election, attaching thereto the
signatures of 70 employees. Garantisado vehemently opposed the petition, alleging that 25
signatories are probationary employees, while 5 are supervisors. It submitted the contracts of the 25
probationary employees and the job description of the supervisors. It argued that if 30 is deducted
from 70, it gives a balance of 40 valid signatures which is way below the minimum number of 50
signatories needed to meet the alleged 25% requirement. If you are the Director of Labor Relations,

will you approve the holding of a Certification Election. Explain your answer. (5%)
-XIDion is an Accounting Supervisor in a trading company. He has rendered exemplary service to the
company for 20 years. His co-employee and kumpadre, Mac, called him over the phone and
requested him to punch his (Mac's) daily time card as he (Mac) was caught in a monstrous traffic
jam. Dion acceded to Mac's request but was later caught by the Personnel Manager while punching.
Mac's time card. The company terminated the employment of Dion on the ground of misconduct. Is
the dismissal valid and just? Explain. (5%)
-XIIAmaya was employed as a staff nurse by St. Francis Hospital (SFH) on July 8, 2014 on a
probationary status for six (6) months. Her probationary contract required, among others, strict
compliance with SFH's Code of Discipline.
On October 16, 2014, Dr. Ligaya, filed a Complaint with the SFH Board of Trustees against Amaya
for uttering slanderous remarks against the former. Attached to the complaint was a letter of Minda,
mother of a patient, who confirmed the following remarks against Dr. Ligaya:
"Bakit si Dr. Ligaya pa ang napili mong 'pedia' eh ang tandatanda na n'un? E makakalimutin
na yun xx x Alam mo ba, kahit wala namang diperensya yung baby, ipinapa-iso/ate nya?"
The SFH President asks you, being the hospital's counsel, which of these two (2) options is the legal
and proper way of terminating Amaya: a) terminate her for a just cause under Article 288 of the Labor
Code (Termination by Employer); or b) terminate her for violating her probationary contract. Explain.
(5%)
-XIIIMatibay Shoe and Repair Store, as added service to its customers, devoted a portion of its store to a
shoe shine stand. The shoe shine boys were tested for their skill before being allowed to work and
given ID cards. They were told to be present from the opening of the store up to closing time and
were required to follow the company rules on cleanliness and decorum. They bought their own shoe
shine boxes, polish, and rags. The boys were paid by their customers for their services but the
payment is coursed through the store's cashier, who pays them before closing time. They were not
supervised in their work by any managerial employee of the store but for a valid complaint by a
customer or for violation of any company rule, they can be refused admission to the store. Were the
boys employees of the store? Explain. (5%)
-XIVTess, a seamstress at Marikit Clothing Factory, became pregnant. Because of morning sickness, she
frequently absented herself from work and often came to the factory only four (4) days a week. After
two (2) months, the personnel manager told her that her habitual absences rendered her practically
useless to the company and, thus, asked her to resign. She begged to be retained, citing her
pregnancy as reason for her absences. Tess asked for leave of absence but her request was denied.
She went on leave nevertheless. As a result, she was thus dismissed for going on leave without
permission of management.
Tess filed a complaint for illegal dismissal. The company's defense: she was legally dismissed
because of her numerous absences without leave and not because of her pregnancy. On the other
hand, Tess argues that her dismissal was an act of discrimination, based as it was on her pregnancy
which the company treated as a disease. Whose position is meritorious-the company's or Tess'?
Explain. (5%)
-XVJim is the holder of a certificate of public convenience for a jeepney. He entered into a contract of
lease with Nick, whereby they agreed that the lease period is for one (1) year unless sooner
terminated by Jim for any of the causes laid down in the contract. The rental is thirty thousand pesos
(P30,000.00) monthly. All the expenses for the repair of the jeepney, together with expenses for
diesel, oil and service, shall be for the account of Nick. Nick is required to make a deposit of three (3)
months to answer for the restoration of the vehicle to its good operating condition when the contract
ends. It is stipulated that Nick is not an employee of Jim and he holds the latter free and harmless
from all suits or claims which may arise from the implementation of the contract. Nick has the right to

use the jeepney at any hour of the day provided it is operated on the approved line of operation.
After five (5) months of the lease and payment of the rentals, Nick became delinquent in the payment
of the rentals for two (2) months. Jim, as authorized by the contract, sent a letter of demand
rescinding the contract and asked for the arrearages. Nick responded by filing a complaint with the
NLRC for illegal dismissal, claiming that the contract is illegal and he was just forced by Jim to sign it
so he can drive. He claims he is really a driver of Jim on a boundary system and the reason he was
removed is because he failed to pay the complete daily boundary , of one thousand (P1,000.00) for 2
months due to the increase in the number of tricycles.
[a] Jim files a motion to dismiss the NLRC case on the ground that the regular court has
jurisdiction since the agreement is a lease contract. Rule on the motion and explain. (2.5%)
[b] Assuming that Nick is an employee of Jim, was Nick validly dismissed?
-XVIIn a case for illegal dismissal and non-payment of benefits, with prayer for Damages, Apollo was
awarded the following: 1) P200,000.00 as back.wages; 2) P80,000.00 as unpaid wages; 3)
P20,000.00 as unpaid holiday pay; 4) PS,000.00 as unpaid service incentive leave pay; 5)
P50,000.00 as moral damages; and 6) P10,000.00 as exemplary damages. Attorney's fees of ten
percent (10%) of all the amounts covered by items 1 to 6 inclusive, plus interests of 6% per annum
from the date the same were unlawfully withheld, were also awarded.
[a] Robbie, the employer, contests the award of attorney fees amounting to 10% on all the
amounts adjudged on the ground that Article 111 of the Labor Code authorizes only 10% "of
the amount of wages recovered". Rule on the issue and explain. (2.5%)
[b] Robbie likewise questions the imposition of interests on the amounts in question because
it was not claimed by Apollo, and the Civil Code provision on interests does not apply to a
labor case. Rule on the issue and explain. (2.5%)
-XVIIBaldo, a farm worker on pakyaw basis, had been working on Dencio's land by harvesting abaca and
coconut, processing copra, and clearing weeds from year to year starting January 1993 up to his
death in 2007. He worked continuously in the sense that it was done for more than one harvesting
season.
[a] Was Dencio required to report Baldo for compulsory social security coverage under the
SSS law? Explain. (2.5%)
[b] What are the liabilities of the employer who fails to report his employee for social security
coverage? Explain. (2.5%)
-XVIIIEmpire Brands (Empire) contracted the services of Style Corporation (Style) for the marketing and
promotion of its clothing line. Under the contract, Style provided Empire with Trade Merchandising
Representatives (TMRs) whose services began on September 15, 2004 and ended on June 6, 2007,
when Empire terminated the promotions contract with Style.
Empire then entered into an agreement for manpower supply with Wave Human Resources (Wave).
Wave owns its condo office, owns equipment for the use by the TMRs, and has assets amounting to
Pl,000,000.00. Wave provided the supervisors who supervised the TMRs, who, in tum, received
orders from the Marketing Director of Empire. In their agreement, the parties stipulated that Wave
shall be liable for the wages and salaries of its employees or workers, including benefits, and
protection due them, as well as remittance to the proper government entities of all withholding taxes,
Social Security Service, and Philhealth premiums, in accordance with relevant laws.
As the TMRs wanted to continue working at Empire, they submitted job applications as TMRs with
Wave. Consequently, Wave hired them for a term of five (5) months, or from June 7, 2007 to
November 6, 2007, specifically to promote Empire's products.
When the TMRs' 5-month contracts with Wave were about to expire, they sought renewal thereof, but
were refused. Their contracts with Wave were no longer renewed as Empire hired another agency.
This prompted them to file complaints for illegal dismissal, regularization, non-payment of service

incentive leave and 13th month pay against Empire and Wave.
[a] Are the TMRs employees of Empire? (2.5%)
[b] Were the TMRs illegally dismissed by Wave? (2.5%)
-XIXFilmore Corporation was ordered to pay P49 million to its employees by the Labor Arbiter. It
interposed an appeal by filing a Notice of Appeal and paid the corresponding appeal fee. However,
instead of filing the required appeal bond equivalent to the total amount of the monetary award,
Filmore filed a Motion to Reduce the Appeal Bond to P4,000,000.00 but submitted a surety bond in
the amount of P4.9 million. Filmore cited financial difficulties as justification for its inability to post the
appeal bond in full owing to the shutdown of its operations. It submitted its audited financial
statements showing a loss of P40 million in the previous year. To show its good faith, Filmore also
filed its Memorandum of Appeal.
The NLRC dismissed the appeal for non-perfection on the ground that posting of an appeal bond
equivalent to the monetary award is indispensable for the perfection of the appeal and the reduction
of the appeal bond, absent any showing of meritorious ground to justify the same, is not warranted. Is
the dismissal of the appeal correct? Explain. (5%)
-XXMario Brothers, plumbing works contractor, entered into an agreement with Axis Business
Corporation (Axis) for the plumbing works of its building under construction. Mario Brothers engaged
the services of Tristan, Arthur, and Jojo as plumber, pipe fitter, and threader, respectively. These
workers have worked for Mario Brothers in numerous construction projects in the past but because of
their long relationship, they were never asked to sign contracts for each project. No reports to
government agencies were made regarding their work in the company.
During the implementation of the works contract, Axis suffered financial difficulties and was not able
to pay Mario Brothers its past billings. As a result, the three (3) employees were not paid their
salaries for two (2) months and their 13th month pay. Because Axis cannot pay, Mario Brothers
cancelled the contract and laid off Tristan, Arthur, and Jojo. The 3 employees sued Mario Brothers
and Axis for illegal dismissal, unpaid wages, and benefits.
[a] Mario Brothers claims the 3 workers are project employees. It explains that the agreement
is, if the works contract is cancelled due to the fault of the client, the period of employment is
automatically terminated. Is the contractor correct? Explain. (2.5%)
[b] Can Axis be made solidarily liable with Mario Brothers to pay the unpaid wages and 13th
month pay of Tristan, Arthur, and Jojo? Explain. (2.5%)
-END