Labor Law

LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

FACTS: In its petition in the lower court, the Philippine Musicians Guild (the Guild), a duly registered legitimate labor organization, alleged that LVN Pictures, Inc., Sampaguita Pictures, Inc., and Premiere Productions, Inc. are corporations engaged in the making of motion pictures and in the processing and distribution thereof. The Guild likewise alleged that said companies… Read More LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

Civil Law, Labor Law

MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

FACTS: Magsaysay, the local manning agent of Princess Cruise Lines, Limited, hired Bernardine De Jesus as an Accommodation Supervisor for the cruise ship Regal Princess for a period of 10 months. Soon after his employment contract was terminated on on January 16, 2007, he was diagnosed with Aortic Aneurysm and he had a coronary angiography… Read More MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

Labor Law

“Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

Labor Law

PEOPLE v. MELISSA CHUA a.k.a. Clarita Ng Chua, G.R. No. 187052, September 13, 2012 Illegal Recruitment

FACTS: Rey P. Tajadao testified that in August 2002, his fellow complainant, Alberto A. Aglanao, introduced him to appellant Chua.  Appellant offered him a job as a factory worker in Taiwan for deployment within the month.  Appellant then required him to undergo medical examination and pay a placement fee of ₱ 80,000. Chua assured Tajadao… Read More PEOPLE v. MELISSA CHUA a.k.a. Clarita Ng Chua, G.R. No. 187052, September 13, 2012 Illegal Recruitment

Labor Law

Romero v. People, Romulo Padlan and Arturo Siapno, G.R. No. 171644 November 23, 2011 Illegal Recruitment

FACTS: Romulo Padlan was convinced by petitioner Delia Romero’s words of encouragement and inspired by the potential salary of US$700.00 to US$1,200.00 a month in Israel.  Petitioner informed him that as soon as he could give her US$3,600.00, his papers would be immediately processed. Petitioner contacted Jonney Erez Mokra who instructed Romulo to attend a… Read More Romero v. People, Romulo Padlan and Arturo Siapno, G.R. No. 171644 November 23, 2011 Illegal Recruitment

Bar Q & A, Labor Law

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

I. A. What are the accepted tests to determine the existence of an employer employee relationship? (5%) SUGGESTED ANSWER The accepted tests to determine the existence of an employer employee relationship are: A) Four-fold Test: The selection and engagement of the employees; The payment of wages The power of dismissal; and The power to control… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

Bar Q & A, Labor Law

Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

Illegal Recruitment v. Estafa People vs. Dela Cruz, G.R. No. 214500, June 28, 2017 It is well-established in jurisprudence that a person may be charged and convicted for both illegal recruitment and estafa. The reason therefor is not hard to discern: illegal recruitment is malum prohibitum, while estafa is mala in se. In the first,… Read More Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

Labor Law, Remedial Law

TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

FACTS: Respondent Edwin Games was charged with qualified theft for allegedly stealing petitioner’s vehicle lubricants. Games filed a complaint for illegal dismissal against petitioner. The Labor Arbiter (LA) ruled against petitioner and ordered the latter to pay Games his separation pay, back wages, service incentive leave pay and attorney’s fees resulting from his illegal dismissal.… Read More TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

Bar Q & A, Labor Law

Bar Exam 2015 Suggested Answers in Labor Law by the UP Law Complex

I. (A) Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its authorized capital stock owned by foreigners and 70% of its authorized capital stock owned by Filipinos. Is Rocket Corporation allowed to engage in the recruitment and placement of workers, locally and overseas? Briefly state the basis for your answer.… Read More Bar Exam 2015 Suggested Answers in Labor Law by the UP Law Complex

Labor Law

CHUA-QUA vs. CLAVE G.R. No. 49549 August 30, 1990 Labor Law, Illegal Dismissal

  FACTS: Petitioner was employed in Tay Tung High School, Inc. as the class adviser in the sixth grade where Bobby Qua was enrolled in. Since it was the policy of the school to extend remedial instructions to its students, Bobby Qua was imparted such instructions in school by petitioner. In the course thereof, the… Read More CHUA-QUA vs. CLAVE G.R. No. 49549 August 30, 1990 Labor Law, Illegal Dismissal