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Rapadas
Labor Law Review
Parties and
Case Number
Business
of the
Company
Insurance
Provider
Work of
the
Employee
Insurance
Agent, and
at the same
time Acting
Unit
Manager
2. Restituto
Palumado vs.
NLRC, Marling
Rice Mill
(G.R. No.
96520, June
28, 1996)
Trading and
Rice Mill
Truck Driver
3. Angelina
Francisco vs.
NLRC, Kasei
Corp.
(G.R. No.
170087,
August 31,
2006)
Corporation
/
Restaurant
business
Accountant
and
Corporate
Secretary,
and later on
as Acting
Manager
1. Insurance Life
Assurance Co.,
Ltd. vs. NLRC
(G. R. No.
119930, March
12, 1998)
Is there EmployerEmployee
Relationship?
Yes. The Supreme Court
stated that private
respondent was an
employee of the
petitioner because the
latter has exclusivity of
service, control of
assignments and
removal of agents under
private respondents
unit, collection of
premiums, furnishing of
company facilities and
materials as well as
capital are hallmarks of
the management
system.
No. The Supreme Court
held that the
documentary evidences
presented by the
respondent strongly
negated the
complainants charges
that he had been under
the employ Tan who was
nothing more than an
employee of Marling
Rice Mill. Complainants
documentary exhibits
failed to serve their
purpose as they are in
themselves mere scraps
of papers, irrelevant and
Immaterial.
Yes. By applying the
control test, the
petitioner is an
employee of Kasei Corp.
because she was under
the direct control and
supervision of Seiji
Kamura, the
corporations Technical
Consultant. Under the
broader economic reality
test, the petitioner can
likewise be said to be an
employee of respondent
corporation because she
What happened to
the case?
The appeal of petitioner
Insular Life Assurance
Co. was denied and the
decision of the NLRC
was affirmed. The case
was remanded to the
Labor Arbiter a quo to
hear and dispose of the
case.
Marian C. Rapadas
Labor Law Review
4. Paz Martin Jo
and Cesar Jo
vs. NLRC and
Peter Mejila
(G.R. No.
121605,
February 2,
2000)
Barber
Shop
Barber on a
piece rate
basis. Later
on as
caretakerbarber.
5. Jeromie
Encasinas and
Evan Rigor
Singco vs.
Shangri-la
Mactan Island
Resort and Dr.
Jessica J.R.
Pepito
(G.R. No.
178827, March
Hotel and
Resort
Operation
Nurses
Marian C. Rapadas
Labor Law Review
4, 2009)
6. Insular Life
Assurance Co.,
Ltd. vs. NLRC
and Melecio
Basiao
(G.R. No.
84484,
November 15,
1989)
Insurance
Provider
Agency
Manager
7. AFP Mutual
Benefit
Association,
Inc. vs NLRC
and Eutiguio
Bustamante
Insurance
Provider
Insurance
Underwriter
8. Great Pacific
Life Assurance
Corp.
(Grepalife) vs
NLRC, Ernesto
Insurance
Provider
District
Managers
Marian C. Rapadas
Labor Law Review
and Rodrigo
Ruiz
(G.R. No.
80750-51, July
23, 1990)
9. Jose Y. Sonza
vs. ABS-CBN
Broadcasting
Corporation
(G.R. No.
138051, June
10, 2004)
Television
and radio
broadcastin
g company
TV host and
radio
broadcaster
(Talent for
television
and radio)
separation pay.
Petitioner Grepalife was
ordered to indemnify
private respondents the
amount if P1000 each
for its failure to observe
the procedural
requirements of due
process.
Marian C. Rapadas
Labor Law Review
10.Coca-Cola
Bottlers
(Phils.)
Inc./Eric
Montinola,
Manager vs.
Dr. Dean N.
Climaco
(G.R. No.
146881,
February 5,
2007)
Soft drinks
Manufacturing
Company
doctor by
virtue of a
Retainer
Agreement
Marian C. Rapadas
Labor Law Review
Business
of the
Company
1. Samahan ng mga
Manggagawa sa
Bandolino-LMLC
vs. NLTC,
Bandolino Shoe
Corp and/or
German
Alcantara, Aida
Alcantara & Mimi
Alcantara
(G.R. No. 125195,
July 17, 1997)
Shoe
Company
School
What happened to
the case?
Marian C. Rapadas
Labor Law Review
3. Me-Shurn
Corporation &
Sammy Chou vs.
Me-Shurn Workers
Union-FSM &
Rosalinda Cruz
(G.R. No. 156292.
January 11, 2005)
Clothing
Wholesale
and
Manufactur
ing
Was not
mentione
d except
that they
are
Regular
rank and
file
employee
s.
4. T & H Shopfitters
Corporation/Gin
Queen
Corporation,
Stinnes Huang,
Ben Huang and
Rogelio Madriaga
vs. T & H
Shopfitters
Corporation/Gin
Queen Workers
Union
(G.R. No. 191714)
Manufactur
er,
Distributor/
Wholesaler,
Exporter/Im
porter
Assigning
union
officers
and
active
union
members
as grass
cutters on
rotation
basis.
Unions right to
collective bargaining
and its members right
to security of tenure.
Yes. The court ruled
that to justify the
closure of a business
and the termination of
the services of the
concerned employees,
the law requires the
employer to prove that
it suffered substantial
actual losses. The
cessation of a
companys operations
shortly after the
organization of a labor
union, as well as the
resumption of business
barely a month after,
gives credence to the
employees claim that
the closure was meant
to discourage union
membership and to
interfere in union
activities. These acts
constitute unfair labor
practices.
Yes. The Court ruled
that Indubitably, the
various acts of
petitioners (specifically,
sponsoring a field trip
on the day preceding
the certification
election, warning the
employees of dire
consequences should
the union prevail, and
escorting them to the
polling center and
discriminating in regard
to conditions of
employment in order to
discourage union
membership-assigning
union officers and
active union members
as grass cutters on
rotation basis)., taken
together, reasonably
support an inference
that, indeed, such were
all orchestrated to
restrict respondents
free exercise of their
right to selforganization. The Court
is of the considered
view those petitioners
affirmed.
Marian C. Rapadas
Labor Law Review
5. BaLmar Farms,
Inc. vs NLRC and
Associated Labor
Unions (ALU)
Banana
Plantation
Banana
Planters
and
Plantation
Workers
6. Arellano
University
Employees and
Workers Union,
Carlos C. A. Rivas,
Jr., Simeon B.
Inocencio, Romulo
D. Jacob, Nymia
M. Pineda,
Benedicto I. Nieto,
Jr., Luis Jacinto,
Milbert Mora,
Monico Calma,
Constancio
Bayhohan,
Bernard Sanble,
Nestor Brinosa,
Nanji
Macarampat,
Eduardo Florague
& DIony S.
Lumanta vs. CA,
NLRC & Arellano
University
Was not
mentione
d except
that they
are rankand-file
employee
s
undisputed actions
prior and immediately
before the scheduled
certification election,
while seemingly
innocuous, unduly
meddled in the affairs
of its employees in
selecting their
exclusive bargaining
representative.
Yes. The court ruled
that Balmars refusal to
bargain collectively
with ALU is a clear act
of unfair labor practice.
Article 248 (Labor
Code, as amended),
enumerates unfair
labor practices
committed by
employers such as for
them: (g) To violate the
duty to bargain
collectively as
prescribed by this
Code. BALMAR cannot
also invoke good faith
in refusing to negotiate
with ALU, considering
that the latter has been
certified as the
exclusive bargaining
representative of
BALMAR rank and file
employees.
No. The court ruled that
to constitute ULP,
however, violations of
the CBA must be gross.
Gross violation of the
CBA, under Article 261
of the Labor Code,
means flagrant and/or
malicious refusal to
comply with the
economic provisions
thereof. Evidently, the
University cannot be
faulted for ULP as it in
good faith merely
heeded the above-said
request of Union
members.
The petition is
dismissed for lack of
merit and the assailed
resolution is affirmed.
Marian C. Rapadas
Labor Law Review
University, Inc.
(G.R. No. 139940,
September 19,
2006)
7. Nueva Ecija
Electric
Cooperative Inc.
(NEECO I)
Employees Assoc,
vs NLRC, Nueva
Ecija Electric
Cooperative, Inc.
(NEECO I) and
Patricio Dela Pea
Electric
Cooperativ
e
Was not
mentione
d except
that they
are
Permanen
t
Employee
s
Marian C. Rapadas
Labor Law Review
Insurance
Provider
Superviso
rs
the employees
application for
retirement was not
done in succession
according to the list,
but according to the
choice of the
respondents, and for
which, complainants
were singled out from
the list because they
were union officers,
past officers and active
members of the
complainant
Association."
Yes. The act of an
employer in notifying
absent employees
individually during a
strike following
unproductive efforts at
collective bargaining
that the plant would be
operated the next day
and that their jobs were
open for them should
they want to come in
has been held to be an
unfair labor practice, as
an active interference
with the right of
collective bargaining
through dealing with
the employees
individually instead of
through their collective
bargaining
representatives.
Although the union is
on strike, the employer
is still under obligation
to bargain with the
union as the
employees bargaining
representative.
Individual solicitation of
the employees or
visiting their homes,
with the employer or
his representative
urging the employees
to cease union activity
or cease striking,
constitutes unfair labor
practice. All the abovedetailed activities are
unfair labor practices
because they tend to
undermine the
concerted activity of
the employees, an
Marian C. Rapadas
Labor Law Review
9. Lakas ng
Manggagawang
Makabayan
(LAKAS) vs.
Marcelo Group of
Companies and
The Court of
Industrial
Relations
(G.R. No. L-38258,
November 19,
1982)
Marcelo Group of
Companies vs
Lakas ng
Manggagawang
Makabayan
(LAKAS)
(G.R. No. L-38260,
November 19,
1992)
Rubber,
Chemical
and Steel
Companies
Was not
mentione
d
Marian C. Rapadas
Labor Law Review
10.Colegio de San
Juan de Letran vs.
Association of
Employees and
Faculty of Letran
and Eleonor
Ambas
(G.R. No. 141471,
September 18,
2000)
University
Professors
and
School
Personnel
s
Marian C. Rapadas
Labor Law Review
Marian C. Rapadas
Labor Law Review
Business of
the
Company
Electronics
Manufacturin
g
Work of
the
Employee
Head of
the
Material
Managem
ent
Control
Departme
nt
What happened to
the case?
Marian C. Rapadas
Labor Law Review
Hotel
Management
Overseas
Contract
Worker as
Printer
3. Food Traders
House, Inc. vs.
NLRC and
Barbara A.
Camacho-Espino
Food
business
Marketing
Manager
4. Purificacion Y.
Manliguez,
Antonina Y. Luis
Marian C. Rapadas
Labor Law Review
and Benjamin C.
Ybanez vs Court
of Appeals, et al
(G.R. No. 92598,
May 20, 1994)
5. Pacific
Consultants
International
Asia, Inc. and
Jens Peter
Henrichsen vs.
Klaus K.
Schonfeld
(G.R. No.
166920.
February 19,
2007)
Providing
specialty and
technical
services both
in and out of
the
Philippines
Sector
Manager Water and
Sanitation
as per
Letter of
Employme
nt dated
January
1998
Marian C. Rapadas
Labor Law Review
6. Deltaventures
Resources, Inc.
vs Hon. Fernando
P. Cabato,
Presiding Judge
RTC La Trinidad
Benguet Br. 62,
Hon. Gelacio L.
Rivera, Jr,
Executive Labor
Arbiter, NLRCCAR, Baguio City,
Adam P. VenturaDeputy Sheriff,
NLRC-CAR
Baguio City,
Alejandro
Bernardino,
Augusto
Granados,
Pilando Tangay,
Nestor Rabang,
Ray Dayap, Myra
Bayaona, Violy
LIbao, Aida
Libao, Jesus
Gatcho and
Gregorio Dulay
(G.R. No.
118216, March 9,
2000)
The petition
for certiorari and
prohibition is denied.
The assailed Orders of
respondent Judge
Fernando P. Cabato
dated November 7,
1994 and December
14, 1994, respectively
are affirmed. The
records of this case are
hereby remanded to
the National Labor
Relations Commission
for further proceedings.
Cost against the
petitioner.
Marian C. Rapadas
Labor Law Review
7. Republic of the
Philippines,
represented by
the Social
Security
Commission and
Social Security
System vs.
Asiapro
Cooperative
(G.R. No.
172101,
November 23,
2007)
Cooperative
8. Philippines
National Bank vs.
Florence O.
Cabansag
(G.R. No.
157010, June 21,
2005)
Bank
Branch
Credit
Officer
Marian C. Rapadas
Labor Law Review
9. Calamba Medical
Center, Inc. vs.
NLRC, Ronald
Lanzanas and
Merceditha
Lanzanas
(G.R. No.
176484,
November 25,
2008)
Hospital
Doctors
10.Ma. Isabel T.
Santos,
represented by
Antonio P. Santos
vs. Servier
Philippnes, Inc
and NLRC
(G.R. No.
166377,
November 28,
2008)
French
Pharmaceuti
cal Company
Human
Resource
Manager
recovery of wages, or
when employees are
forced to litigate and
consequently incur
expenses to protect
their rights and
interests, the grant of
attorneys fees is
legally justifiable.37
Marian C. Rapadas
Labor Law Review
IV. Strikes
Parties and Case
Number
1. National Union of
Workers in the
Hotel Restaurant
and Allied
Industries
(NUWHRAIN-APLIUF) Dusit Hotel
Nikko chapter vs.
CA (Former
Eighth Division),
NLRC, Philippine
Hoteliers Inc,
owner and
operator of Dusit
Hotel Nikko
and/or Chiyuki
Fujimoto, and
Esperanza V.
Alvarez
(G.R. No.
163942,
Novembe
r 11, 2006)
NUWHRAIN-Dusit
Hotel Nikko
Chapter vs.
Secretary of
Labor and
Employment and
Philippine
Hotelier, Inc.
(G.R. No.
166295,
November 11,
Business of
the
Company
Hotel
Management
Work of
the
Employee
Hotel
service
attendants
, staffs
Is there a valid
strike?
What happened to
the case?
Marian C. Rapadas
Labor Law Review
2008)
service.
2. National
Federation of
Sugar Workers
(NF SW) vs.
Ethelwoldo R.
Ovejera, Central
Azucarera de la
Carlota (CAC),
Col. Rogelio
Deinla, as
Provincial
Commander,
3311st P.C.
Command,
Negros
Occidental
(G.R. No. l59743, May 31,
1982)
Sugar
Plantation
Sugar
Planters
and Sugar
Workers
3. Telefunken
Semiconductors
Employees Union
FFW vs.
Secretary of
Labor and
Employment and
Temic Telefunken
Micro-Electronics
(Phils.), Inc. vs
Temic Telefunken
Micro-electronics
(Phils.), Inc. vs.
Hon. Leonardo A.
Quisumbing in
his capacity as
Secretary of
Labor and
Employment,
and Telefunken
Semiconductors
Employees
Union-FFW
(G.R. No. 122743
& 127215,
December 12,
1997)
Semiconduct
ors
Factory
workers
The petition is
dismissed for lack of
merit.
Marian C. Rapadas
Labor Law Review
4. Batangas Laguna
Tayabas Bus
Company (BLTB
Co.) vs. NLRC,
Tinig at Lakas ng
Manggagawa sa
BLTBCO-NAFLU
and its reinstated
one hundred
ninety (190)
members
(G.R. No.
101858, August
21, 1992)
Bus
Company
Was not
mentioned
5. Zamboanga
Wood Products,
Inc. vs NLRC,
National
Federation of
Labor, Dionisio
Estioca and the
Strikers
(G.R. No. L82088, October
13, 1989)
Wood
Products
First hired
in May
1977 as a
clerk in its
personnel
departmen
t. In 1980,
he rose to
become a
personnel
aide. On
July 1,
1981, he
became
the
Personnel
Supervisor
,a
supervisor
y and/or
manageria
l position,
next in
rank to the
Personnel
Manager.
Marian C. Rapadas
Labor Law Review
6. Union of Filipro
Emploees (UFE)
vs. Nestle
Philippines, Inc.,
NLRC, Hon.
Eduardo G.
Magno, Hon.
Zosimo T. Vasallo
and Hon.
Evangeline S.
Lubaton
(G.R. No. 8871013, December
19, 1990)
Dairy
Products
7. Henry Bacus,
Maximo Dangga,
Salvador Flores,
Victor Fuentes,
Santiago
Lacquiao, Luz
Fuentes,
Eleodoro Gajo,
Juanito Genilla,
Godofredo GacAng, and Calixto
Coyno vs. Hon.
Blas F. Ople,
Minister of Labor
of Employment
and Findlay Millar
Timber Company
Logging and
Manufacture
of plywood,
veneer and
other lumber
products.
Wood
processing
plants
workers,
administra
tive and
technical
services
Marian C. Rapadas
Labor Law Review
8. Sukhothai
Cuisine and
Restaurant vs.
CA, NLRC,
Philippine Labor
Alliance Council
(PLAC), Local 460
Sukhothai
Restaurant
Chapter
(G.R. No.
150437, July 17,
2006)
Restaurant
Cook
resolution of the
aforesaid case on the
merit, respondent
Company is hereby
ordered to reinstate the
ten (10) petitioners
herein to their former
positions without loss of
seniority rights and
privileges.
Marian C. Rapadas
Labor Law Review
9. Far Eastern
University-Dr.
Nicanor Reyes
Medical
Foundation (FEUNRMF) and Lilia
P. Luna, M.D. vs.
FEU-NRMF
Employees
AssociationAlliance of
Filipino Workers
(FEU-NRMFEAAFW), Union
Officers, the
Alliance of
Filipino Workers
(AFW), federation
officers Gregorio
C. Del Prado and
Jose Umali
(G.R. No.
168362,
Medical
Institution
(Hospital)
10.Hotel Enterprises
of the
Philippines, Inc.
(HEPI), owner of
Hyatt Regency
vs. Samahan ng
mga
Manggagawa sa
Hyatt-National
Hotel
Management
Hospital
staffs
Marian C. Rapadas
Labor Law Review
Union of Workers
in the Hotel and
Restaurants and
Allied Industries
(SAMASAHNUWRAIN)
(G.R. No.
165756, June 5,
2009)
months suspension
without pay imposed in
the April 3, 2003 NLRC
Resolution is hereby
reduced to two (2)
months, to be
considered in the Labor
Arbiters computation of
the separation pay to
be received by the
Union officers
concerned. The first
batch of quitclaims
signed by 33 of the 48
terminated employees
is hereby declared
invalid and illegal for
failure to state the
proper consideration
therefor, but the
amount received by the
employees concerned,
if any, shall be
deducted from their
separation pay and
other monetary
benefits, subject to the
computation to be
made by the Labor
Arbiter. The second
batch of quitclaims
signed by 85 of the 160
terminated employees,
following Hyatt
Regency Manilas
permanent closure, is
declared valid and
binding.