1
PERSONS AND FAMILY RELATIONS Prior to the said delivery Mallen’s sister gave a donation
Define person it its juridical sense?
 Being Physical or Legal subject of legal relations.
 Susceptible of rights and obligations
Distinguish natural from juridical person:
1. Product of procreation – product of legal fiction
2. Physical – fictional- exists only in contemplation of
law.
 Juridical capacity - is the fitness to be the subject of
legal relations.
 Capacity to act – to act with legal effect
When can one say he or she has “full civil capacity”?
Define Status?
When does civil personality begin in juridical persons?
Partnership upon agreements of the parties
Corporation – upon issuance of the certificate of
incorporation by the SEC
When does civil personality begin in natural persons?
Article 40. Birth determines personality; but the
conceived child shall be considered born for all
purposes that are favorable to it, provided it be born
later with the conditions specified in the following
article. (29a)
Article 41. For civil purposes, the foetus is considered
born if it is alive at the time it is completely delivered
from the mother's womb. However, if the foetus had an
intra-uterine life of less than seven months, it is not
deemed born if it dies within twenty-four hours after its
complete delivery from the maternal womb. (30a)
Article 42. Civil personality is extinguished by death.
Mallen Dy gave birth to a live baby boy by way of
caesarian section, the baby has an exactly 1 hour short
of 7 full intra uterine life, when completely separated
from the maternal womb. Sadly, the baby died after 24
hours and 30 seconds.
inter vivos to the said baby still in the womb of the
mother, which is a house and lot worth 5 Million pesos.
Is the donation valid, unenforceable or void? Why?
Article 43. If there is a doubt, as between two or more
persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of
one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights
from one to the other. (33)
Rules of court – rule 132 Sec. 5
Presumption of death:
7 years / 5 years
10 years / 4 years
4 years / 2 years
Dr. Lopez, a 70-year old widower, and his son Roberto
both died in a fire that gutted their home while they
were sleeping in their air-conditioned rooms. Roberto’s
wife, Marilyn, and their two children were spared
because they were in the province at the time. Dr. Lopez
left an estate worth P20M and a life insurance policy in
the amount of P1M with his three children --- one of
whom is Roberto --- as beneficiaries.
Marilyn is now claiming for herself and her children her
husband’s share in the estate left by Dr. Lopez, and her
husband’s share in the proceeds of Dr. Lopez’s life
insurance policy. Rule on the validity of Marilyn’s claims
with reasons.
FAMILY CODE
Article 1. Marriage is a special contract of permanent
union between a man and a woman entered into in
accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and an
inviolable social institution whose nature,
consequences, and incidents are governed by law and
not subject to stipulation, except that marriage
settlements may fix the property relations during the
marriage within the limits provided by this Code.

Do we have divorce?
Difference between:
 Annulment of Marriage
 Nullity of Marriage
- Petition for annulment of marriage
- Petition for absolute declaration of nullity of
marriage
Art. 2. No marriage shall be valid, unless these essential
requisites are present:
(1) Legal capacity of the contracting parties who must
be a male and a female; and
(2) Consent freely given in the presence of the
solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;(2) A valid
marriage license except in the cases provided for in
Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration that
they take each other as husband and wife in the
presence of not less than two witnesses of legal
age. (53a, 55a)
Art. 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio,
except as stated in Article 35 (2).
A defect in any of the essential requisites shall not
affect the validity of the marriage but the party or
parties responsible for the irregularity shall be civilly,
criminally and administratively liable. (n)
What is the primary evidence of marriage?
What is the effect of the absence of a marriage License?
What is the presumption when two persons deported
themselves a married?
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as
2
such, shall also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and (6), 36 37
and 38. (17a)
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law. (As
amended by Executive Order 227)
Art. 35. The following marriages shall be void from the
beginning:
(1) Those contracted by any party below eighteen years
of age even with the consent of parents or guardians;
(4) Those bigamous or polygamous marriages not failing
under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under
Article 53.
Art. 36/ 37/ 38
What is a putative marriage?
Art. 35. The following marriages shall be void from the
beginning:
2) Those solemnized by any person not legally
authorized to perform marriages unless such marriages
were contracted with either or both parties believing in
good faith that the solemnizing officer had the legal
authority to do so;
- X 17 ½ fil cit years old went to Texas am cit married
Y 17 years old, valid in texas. Is it valid here? Why?
- X 18 fil cit married Y am cit 18 proxy by W, valid
under Texas law, is it valid here? Why?
- X 18 fil cit legally adopted married Y the legitimate
daughter of his adopters. Valid in Texas, is it valid
here Why?
- Tenten an illegitimate son , married Serena legally
adopted daughter of the biological mother of
Tenten. Is the marriage Valid? Why?

Art. 26 Where a marriage between a Filipino citizen and
a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law. (As
amended by Executive Order 227)
- Inday married Austin, Austin validly obtained a
foreign divorce degree, is Inday has the capacity to
remarry?
- Inday married Austin, Inday obtained a foreign
divorce degree, Is Inday now has the capacity to
remarry?
- Austin obtained a foreign divorce degree
capacitating him to remarry, can Inday now has
the capacity to remarry under our laws?
After securing a copy of the divorce degree by the
foreign husband capacitating him to remarry, can
Inday now remarry again under our laws in her own
instance?
She must first, enforce the said foreign judgment in our
jurisdiction (in our courts) thereafter apply rule 108 of
the ROC correction of entries in the civil registry – from
married to single. – then you can now remarry.
Now, just apply for correction of entry in the civil
registry under rule 108 ROC and there in the same
proceeding have the foreign judgment be recognized by
our jurisdiction. (Fujiki- Maranay case)
Marriages exempt from License requirement Art 27-34
 Marriage in articulo mortis
 Isolated place – no means of transportation
 Cultural and traditional marriage – ethnic
cultural communities
 5 years cohabitation
Who can solemnize marriage? - Article 7
 Any incumbent member of the judiciary
 Priest /rabbi/ imam/ minister
 Ship captain / military commander
 Consul-gen/ consul/ vice-consul
**Municipal and City mayors – under the local gov.
code
3
Art. 14/15/16
When is Parental consent required? When exempted?
What is the effect of non-compliance of the said
requirement?
 When is Parental Advice required? What is the
effect of non-compliance?
 Marriage counseling when is it required? What is
the effect of non compliance?
Art. 15 in relation to Art 45(1) / 47 (1)
Ana 18 and Jun 20 married without parental consent
from both parents. Hardship and dismay instead of
heaven and bliss were the result of the said marriage.
What remedy is there for them to escape this terrible
hell?
Who may file the said action? Within what time
frame?
Art. 40. The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such previous
marriage void. (n)
JR married to Ann, Ann was then 17 years and 11 ½
months old when they got married (with parental
consent). Discovering this, JR said to himself the
marriage is void from the beginning, Ann has no legal
capacity to contract marriage. Jr. subsequently married
Lyn, Ann filed a bigamy case against Jr, will it prosper?
Why or why not?
Is there in this jurisdiction a Valid Bigamous
Marriage?
Art. 41. A marriage contracted by any person during
subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-
founded belief that the absent spouse was already
dead. In case of disappearance where there is danger
of death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an absence
of only two years shall be sufficient.

For the purpose of contracting the subsequent
marriage under the preceding paragraph the spouse
present must institute a summary proceeding as
provided in this Code for the declaration of
presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent
spouse. (83a)
What is the effect of the non-compliance of the
recording requirements of Art. 52?
Art. 52. The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again
after compliance with the requirements of the
immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
Doctrine of Triennial cohabitation?
Doctrine of triennial cohabitation" it is a doctrine of
common law, which declares the presumption that the
husband is impotent should the wife still remain a
virgin after living together with the husband for three
years. This is in contrast to the general presumption
under our law in favor of potency. (Art. 45 (3)
**CHI MING TSOI vs. COURT OF APPEALS, GINA LAO-
TSOI GR NO. 119190 January 16, 1997
Mario age 38 and Berta age 27 both Filipino citizens
got married in Baguio City. After two years of extensive
and intensive sexual activities between the two, but of
no avail, Berta has not yet conceived a baby. One day
Berta got sick and needed an Ultra Sound of her entire
abdomen, lo and behold the OB GYN discovered she
doesn’t have any reproductive internal organs. In that
instance, the husband discovered his wife is a
transgender. Berta is actually Berto, went to Thailand
years prior to such marriage and had sex reassignment
and female enhancement procedures. Meanwhile,
from all of this brouhaha, the mother of Mario who is
conscience stricken, confessed to Berta now who is
4
Berto that Mario is actually Maria. Who, also prior to
their marriage had sex reassignment in the U.S. from
Female to Male via a medical procedure known as
metoidioplasty, which essentially involves transforming
the clitoris into a penis, and also undergone
mastectomy and male enhancing hormonal
procedures. Unknown to each other, they falsely
represented themselves and with falsified documents
illegally acquired a valid marriage license and a valid
marriage certificate was issued and recorded in the
Civil registered accordingly, after the marriage
ceremony officiated by the City Mayor of Baguio City.
What is then the status of the marriage?
Valid/Void/Voidable? Why?
LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on
any of the following grounds:
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner,
to engage in prostitution, or connivance in such
corruption or inducement;
4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the
respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the
petitioner; or

(10) Abandonment of petitioner by respondent without
justifiable cause for more than one year.
For purposes of this Article, the term “child” shall
include a child by nature or by adoption.
Art. 351. Premature marriages. — Any widow who shall
marry within three hundred and one day from the date
of the death of her husband, or before having delivered
if she shall have been pregnant at the time of his death,
shall be punished by arresto mayor and a fine not
exceeding 500 pesos.
The same penalties shall be imposed upon any woman
whose marriage shall have been annulled or dissolved,
if she shall marry before her delivery or before the
expiration of the period of three hundred and one day
after the legal separation.
Art. 352. Performance of illegal marriage ceremony. —
Priests or ministers of any religious denomination or
sect, or civil authorities who shall perform or authorize
any illegal marriage ceremony shall be punished in
accordance with the provisions of the Marriage Law.
G.R. No. 182438 July 2, 2014
RENE RONULO, Petitioner,
vs. PEOPLE OF THE PHILIPPINES, Respondent.
LABOR LAWS
SECTION 3. Art. XIII 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 self-
organization, 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.
Labor relations - refers to that part of labor law which
regulates the relations between employers and
workers.
5
Labor standards - refers to that part of labor law which
prescribes the minimum terms and conditions of
employment which the employer is required to grant to
its employees.
Social legislation – labor statutes that provide
protection not only to the worker but also to his family
brought about by contingencies.
Social justice – or any justice for that matter – is for the
deserving, whether he be a millionaire in his mansion or
a pauper in his hovel. It is true that, in case of
reasonable doubt, we are called upon to tilt the balance
in favor of the poor, to whom the Constitution fittingly
extends its sympathy and compassion. But never is it
justified to prefer the poor simply because they are
poor, or to reject the rich simply because they are rich,
for justice must always be served, for poor and rich
alike, according to the mandate of the law. (Justice
Isagani Cruz)
Full protection – by means of police power of the state
–translated in the rule making/ in the enforcement of
the law.
Police power- legislature enacts laws that interferes
with the personal liberty and property to promote
General welfare. (Pasai v drilon – 163 scra 386)
Article 6. Applicability. All rights and benefits granted to
workers under this Code shall, except as may otherwise
be provided herein, apply alike to all workers, whether
agricultural or non-agricultural. (profit-non profit
institution)
Not covered:
 Government agencies
 GOCC with original charter
 Employees of international org. and specialized
agencies.
Labor laws and labor courts shall have jurisdiction if
there is an employer-employee relationship.
 Test of e-e relationship:
 Selection and hiring test
 Payment of wages test
 Dismissal test
 Control test***

 Labor Laws and Labor Courts has no jurisdiction,
if the issue is purely ecclesiastical prerogative
 (separation of church and state)
 free exercise of religion
Art. 212 (f)"Employee" includes any person in the
employ of an employer.
- 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.
Art. 212 (e)"Employer" includes any person acting in the
interest of an employer, directly or indirectly.
Management Prerogatives: bundles of rights –without
govt. intervention in running the business under the
observance of good faith, equity and fair play.
1. Power to lay down and execute policies
2. Power to hire(non-discriminatory)
a. close-shop agreement/yellow-dog
contract
3. Transfer – business necessity rule/ non-
diminution/ grave abused of discretion.
(refusal-insubordination –just cause for
termination)
a. (constructive dismissal)
b. return to work order - DOLE - strike.
4. Granting benefits- equal work equal pay- (philex v
philex bulawan supervisory union 2005)
5. Promotion – Dosh vs NLRC (union
recommendation)
6. Power to discipline- preventive suspension
(30days)- threat to life /property.
7. Contracting out work- (bus-related/services
performed by union members-interfere with
union formation.)
6
8. Closure – not for union busting- no severance
benefits due to losses.
9. Power to suspend business operation-max 6
months.
LABOR STANDARD LAWs on working conditions
and rest periods. (title I)
Coverage – art 82 all employees in the private
establishments whether for profit or not/
agricultural or non-agricultural.
Employees not covered: labor laws on work hours
Government employees/managerial staff/domestic
servants-persons in the personal service of another/
workers paid by result/ non-agricultural field
personnel/ family members of the employer
Hours work – all the time required to be on duty or
to be in the prescribed work place even on call
(engaged to wait) / all the time he suffered or
permitted to work (engaged to work).
Situation considered as hours worked:
1. Shortened meal period (20 min.) OT/stand-bye
2. On call
3. Engaged to wait
4. Brown-outs
- Lunch 1 hr. non-compensable
- Can go out – not abandonment of job
- Over-time work and over time pay
- In excess of 8 hours work – OT work
- OT pay is hour rate x 1.25% (based on regular
basic rates)
- Rest day and holidays – 1.30% of hourly rate
(based on holiday basic rate)
- Offsetting OT with UT is not allowed.
- Art. 89 – employee may require to render OT
*Health workers – 40 hours a week (5x8hrs) / if
worked 6th day considered OT on a rest day + 30%
*compressed work week in relation to OT 12
hrs/day / 48 hrs. week
- Night shift differential – 10% of regular wage
covering 10pm-6am work

- Not applicable retail/ service establishment
employing not more than 5 employees.
- RESTDAY: 24 consecutive hours every 6
consecutive workings days. (CANNOT COMPEL
TO WORK ON A REST DAY BUT NOT IF ART 94
(A) PRESENT)
- Work on rest day + 30%
- rest day and special-non WD = +50%
Special holiday – no work-no pay / if work = +30%
Regular Holiday- no work with pay
• Employing less 10 retail and service
establishment no work no pay during regular
holidays
• If worked 100% only No double pay—logic.
RULES ON REGULAR HOLIDAYS
• Double pay if work +100% DW (basic pay)
• With pay if not work but must be on official
leave with pay or had worked on the day
preceding the day of the regular holiday - if not
no holiday pay.
• Remedy – work on that regular holiday
• Even absent or leave without pay the day
preceding the said regular holiday.
If the day prior to Holiday is the employee’s rest day/
or a Sunday/ or a non-working holiday - same rules –
must be present the day preceding the rest day or
SNWH or on leave with pay.
WORKING ON A REGULAR HOLIDAY FALLING ON YOUR
RESTDAY OR SNWH
100% +100% x 30% EACH TOTAL OF 200%+30%
******
SUCCESSIVE HOLIDAY MAUNDY THU. AND GOOD
FRIDAY—MUST BE PRESENT DAY PRECEEDING THE
FIRST HOLIDAY OR OLWP OR WORK ON THE FIRST
HOLIDAY.
7
WORKED ON ARAW NG KAGITINGAN FALLING ON A
REGULAR HOLIDAY.
100% FOR THE WORK RENDERED+ 100% ARAW NG
KAGITINGAN + 1OO% FOR THE HOLY THURSDAY =
300%
Service charges: (SC)
85% worker share
15%employer share
If abolished – must be integrated in their wages,
based on monthly ave. for the past 12 months.
Kinds of Leaves:
SIL - Art. 95. Right to service incentive leave.
- Every employee who has rendered at least
one year of service shall be entitled to a
yearly service incentive leave of five days
with pay.
1 yr. serv/ less than 10/ VL>5
- Maternity leave SSS – private sector
Married /Unmarried - 60-78
=delivery/abortion/miscarriage
SSS member
Employed at the time of D-A-M
Notify the SSS
Paid at least 3 months maternity contributions
within the twelve-month period immediately before
the date of contingency.
- Paternity leave – 7 days
Employee at the time of the delivery
Cohabiting with the legal wife
Applied for paternity leave w employer
Wife had D-M-A
*first four deliveries
*availed within 60days from date of DMA
*not availed not convertible to cash

- Solo parent leave (RA 8972)
7 days – per annum
*I yr. of service
*non-accumulative/non convertible/unless
stipulated
*notify employer-reasonable time
*present Solo parent ID
Solo parent:
1. Rape – birth
2. Death
3. Physical-mental incapacity
4. Legal separation / also de facto
5. Nullity or annulment of marriage
6. Abandonment of spouse for at least 1 year
7. Foster parent DSWD – legal guardian-court
appointed
8. Head of the family-abandonment-absence-
disappearance n-1
RA 9262-victim leave (private sector)
 10 days full pay (basic+allowance)
 For medical and legal concerns
 *non-convertible to cash / non accumulative
Wage - paid to any employee shall mean the
remuneration or earnings, however designated, capable
of being expressed in terms of money, whether fixed or
ascertained on a time, task, piece, or commission basis,
or other method of calculating the same, which is
payable by an employer to an employee under a written
or unwritten contract of employment for work done or
to be done, or for services rendered or to be rendered
and includes the fair and reasonable value, as
determined by the Secretary of Labor and Employment,
of board, lodging, or other facilities customarily
furnished by the employer to the employee. "Fair and
reasonable value" shall not include any profit to the
employer, or to any person affiliated with the employer.
ART. 288 OTHER SIMILAR COERCION –ARESTO MAYOR
Wages – manual labor – skilled or non-skilled
Salaries – white collar job
8
Distinction important in relation to attachment or
garnishment.
 Wage not subject to garnishment or attachment
 Salaries - yes
Wages of a deceased employee – no need for
settlement of estate- employer-pay- execute affidavit of
heirs – conflict claim – commission can decide – based
on evidence presented – employer – if there is conflict
claim – remedy (action for interpleader)
Composition of wages = cash / or cash + facilities =
articles that benefits the worker, translated in a fair
value and deducted to the total wage/ with written
consent of the worker.
*Facilities=customarily given+written consent+fair and
reasonable value
Supplements- extra benefits above ordinary wages.
Wages- mandatory – despite employer’s incapacity to
pay.
Exception to minimum wage – RA 9178 BMBE – exempt
from minimum but not from SSS etc.
Learners/ apprentices and handicapped – 75%
RA 7277 – MCDP 100%
Magna Carta on disabled Persons
Forms of payment – legal tender
 Time – twice a month interval of not exceeding
16 days
 Place – near the place of work
 Direct payment – to the worker only – other
persons with letter of authorization
Prohibition on wages
 *interferences in disposal
 *withholding and kickbacks
 *deductions
 Deduction except- Govt. deduction/ Authorized
by law
 –insurance premium/union check offs/ union
dues/facilities/ court judgements for support/
 No- set offs on wages

Art. 110. Worker preference in case of bankruptcy. In
the event of bankruptcy or liquidation of an employer’s
business, his workers shall enjoy first preference as
regards their wages and other monetary claims, any
provisions of law to the contrary notwithstanding. Such
unpaid wages and monetary claims shall be paid in full
before claims of the government and other creditors
may be paid. (As amended by Section 1, Republic Act
No. 6715, March 21, 1989)
Wage distortion As used herein, a wage distortion shall
mean a situation where an increase in 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.
Elements:
1. Hierarchy of position with corresponding wage
rate.
2. Mandatory change in the lowest class
3. Elimination of distinctions
4. Same region
Remedy:
Organized Grievance procedure- VA
Unorganized – talk- NCMB-NLRC
Contracting – arrangement whereby a principal agrees
to farm out with a contractor or subcontractor the
performance of a specific job, work service within a
definite period regardless of whether such job, work or
service is to be performed or completed within or
outside the premises of the principle.
Job Contracting – allowed by law =
*independent business
*contracts work – own means and method.
*free from control and direction of the principal.(except
–output)
*substantial capital and tools
9
Labor only contracting – unlawful
Person supply workers / no substantial capital- tools-
premises/ work-mainline
Rights of contractual workers
*same as regular workers under the LC except:-tenure is
limited – no separation pay-
Job contracting - salary solidary P/JC
Labor only – the principal is actually the direct employer
13th month pay and bonus
All rank and file employees entitled to 13th month
(provided work at least 1 month during the calendar yr.
(pro-rata) basic salary only
Employees not covered – house helper/ person in the
personal service of another/ purely commission/
boundary/ task base/ specific work/
(piece work with 13th month pay but not entitled to OT/
Holiday pay/premium pay/ SIL) paid not based on time
but on result.
Bonus- gratuitous – dependent on the employer’s
capacity to give – performance based.
Becomes a demandable right if legal obligation under
CBA / under contract of employment / or becomes a
tradition for a long time and has ripen into a
demandable right.
Sexual harassment Under RA 7877
It is a form of misconduct involving an act or a series of
unwanted, unsolicited or uninvited acts of demanding,
requesting or requiring any SEXUAL FAVOR from
another person or any other individual who exercise
AUTHORITY, influence or moral ascendancy OVER
ANOTHER PERSON OR INDIVIDUAL.

Sexual harassment in the workplace. (specific acts
constituting)
1. As a condition for hiring-reemployment or
continued employment.
2. Granting – favorable conditions of employment.
3. Refusal- (sexual favor) resulting to unfavorable
work condition. (impair employee’s rights
privileges under existing labor laws.)
4. Act will result to intimidating, hostile or
offensive work environment.
Sec. 3 RA 7877 consummated even rejected.
Employable age
 Age of majority = 18
 Below 18 but not below 15 = non-hazardous
undertakings
 Below 15: Family business – as long as will not
affect his health, development and morals/
guaranteed provision for primary and secondary
education.
Child connected with public entertainment:
Contract entered by the employer-
parents/guardian/expressed agreement of the child
concerned and approval of the DOLE
RA 7610 LC 139
Employment of alien – needs employment permit with
the DOLE
Alien is a non-resident alien
Can work here provided:
1. DOLE permit
2. No person in the ph. Competent and willing to
do the job
3. Publication
4. Preferred area of invested – govt.
recommendation
Exemptions:
1. Diplomats
2. National representatives
3. Missionaries doing missionary works
4. Aliens exempt by special laws
10
"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.
Republic Act No. 10022, otherwise known as the
Migrant Workers Act”
defines illegal recruitment as any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or
procuring workers and includes referring, contract
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by
non-licensee or non-holder of authority. It shall
likewise include the following acts, whether committed
by any person, whether a non-licensee, non-holder,
licensee or holder of authority: - (re: = listing) A-N
Illegal recruitment:
Liability – illegal recruitment (RA10022- migrant
worker’s act)& Estafa (RPC)
Elements:
1. The offender is a NON-LICENSE OR NON
HOLDER OF AUTHORITY to lawfully engage in
the recruitment and placement of workers.
2. That the offender undertakes any of the
recruitment activities defined in Art. 13B LC and
any prohibited practice enumerated in ART 34
of the LC
3. RA 10022 acts constituting illegal recruiting
Simple illegal recruitment – 1 person
Element of the crime present 1 and 2
QUALIFIED ILLEGAL RECRUITMENT –
ELEMENTS 1 AND 2 + HE COMITTED THE SAME AGAINST
3 OR MORE PERSONS, INDIVIDUALLY OR AS A GROUP =
LARGE SCALE ILLEGAL RECRUITMENT
ELEMENTS 1+2 + CARRIED OUT BY 3 OR MORE PERSONS
= SYNDICATED ILLEGAL RECRUITMENT

• Local and foreign principals are liable solidarily
(jointly and severally) - violation of OFW
contract – full protection of labor / assurance of
payment or refund and protection due to him.
• (omar sevillana v. IT corp. GR 9907/ 2001)
• Severance of relationship between the local
agent and the foreign principal does not affect
the liability of the local recruiter.
Jurisdiction:
• Pre-employment of recruitment violation –
POEA – and appealable to SOL
• Money claims or post employment violations –
LA appealable to NLRC (RA 8042)
LABOR RELATIONS
RIGHT TO SELF ORGANIZATION:
Upon issuance of the CERTIFICATE OF REGISTRATION=
LLO
Acquires legal personality and all its rights and privileges
granted by law.
Date of issuance of CR = LLO
Date of issuance of Certificate of Chartered LOCAL =
acquires legality only for the conduct of certification
election. (doctrine of presumptive legitimacy)
How to attack the legal personality of the union – by
way of an independent petition for cancellation of
union registration and not collateral attack for
certification election.
Chartered local shall attain LLO status only upon – the
submission of the ff. to the DOLE or BLR
1. Charter certificate from the federation or
national union (within 30days from issuance)
2. Constitution and by-laws
3. List of officers (2/3 must be certified under oath
by the secretary/or treasurer and attested by
the president of the local union)
4. Note: submission of books of accounts not
anymore required.
11
Rights of a LLO Art, 242
1. Act as representative of its members
2. CEBA
3. To be furnished with annual audited financial
report of the company.
4. Own property/ sue can be sued / undertake all
activities designed to benefit its members and
not contrary to law.
5. Special tax exemption
Union Membership:
Art. 243. Coverage and employees’ right to self-
organization. All persons employed in commercial,
industrial and agricultural enterprises and in religious,
charitable, medical, or educational institutions, whether
operating for profit or not, shall have the right to self-
organization and to form, join, or assist labor
organizations of their own choosing for purposes of
collective bargaining.
Ambulant, intermittent and itinerant workers, self-
employed people, rural workers and those without any
definite employers may form labor organizations for
their mutual aid and protection. (As amended by Batas
Pambansa Bilang 70, May 1, 1980)
Art. 244. Right of employees in the public service.
Employees of government corporations established
under the Corporation Code shall have the right to
organize and to bargain collectively with their
respective employers.
All other employees in the civil service shall have the
right to form associations for purposes not contrary to
law. (As amended by Executive Order No. 111,
December 24, 1986)
Art. 245. Ineligibility of managerial employees to join
any labor organization; right of supervisory
employees. Managerial employees are not eligible to
join, assist or form any labor organization. Supervisory
employees shall not be eligible for membership in a
labor organization of the rank-and-file employees but
may join, assist or form separate labor organizations of
their own. (As amended by Section 18, Republic Act No.
6715, March 21, 1989)

Art. 243. Any employee, whether employed for a
definite period or not, shall, beginning on his first day of
service, be considered as an employee for purposes of
membership in any labor union. (As amended by
Section 33, Republic ActNo.6715)
 Managerial employees – vested with powers to
formulate and effectuate management policies
and enforce management prerogatives.
 Supervisory employees- the function is not
clerical or routine but has the nature of
independent judgment.
 Confidential employees- act in confidential
capacity, formulate, determine and effectuate
management policies in the field of labor
relations.
The righty to collective bargaining is not available to
employees of a cooperative who are also members
thereat.
(Sn Jose City Electric Service Coop inc. vs. ministry of
labor and employment 1991)
Election of union officers:
>election by secret ballots pursuant to the provision of
their constitution and by-laws.
>term 5 yrs
>no qualification to any union elective
position, as long as not convicted of a crime involving
MORAL TURPITUDE
>only union members can vote-and union members be
candidates to be elected.
>UST Faculty Union vs. Bitonio 1999 election by
acclamation and clapping of hands –invalid manner of
election.
Union Election vs. Certification election
UE-only union members shall vote to elect union officer
based on their constitution and by-laws
CE- all member of the bargaining unit- shall cast their
votes in a secret ballot to determine the SEBA for the
purpose of entering into a CBA – majority vote will
accredit the SEBA.
12
Check off and special assessment:
GR: NO assessment, attorney’s fees, registration fees or
any other extraordinary fees may be check off from an
employee Without an individual written authorization
duly signed by the employee.
Exception: recognized union dues/agency fees/ fees for
mandatory activities
Requisites for SA- 1. written resolution by the majority
of all the members of the union/secretary’s minutes of
the meeting/individual authorization for check-off
signed by each employees concerned.
-majority of all members not majority vote of the board
of the union.
Compromise agreement entered into by the union for
its members:
GR: absent and special authority from the member, the
union can’t compromise any individual claim of a
member. (money or reinstatement etc.)
Exception: compromise entered by the majority of the
members of the union binds the all members, especially
it is so beneficial to the members the outcome of the
compromise agreement.
Cornista-Domingo v NLRC 2006
Affiliation and disaffiliation:
-Local union with a mother union – purpose= increase
bargaining power or leverage.
-majority vote of the members of the local union they
can disaffiliate, if there is no contract between the
Local and mother Union anent to the period of
affiliation, and provisions in the local unions
constitution and by laws.
-Disaffiliation is not an act of disloyalty.
- It is a constitutional right!
MotherUnion=SU/LU OK
Effect of petition for the cancellation of union
registration:
The filing of a petition for cancelation of Union
Registration will not in any manner-suspend the
conduct of a certification election nor hinder the filing
of a petition for certification election.

Grounds for cancellation of union reg.
Art. 238 Misrepresentation, false statement, fraud of
adoption and ratification of the constitution and by-
laws/ election of officers…conduct of the election.
And – voluntary dissolution by the members 2/3 votes=
gen. membership meeting/ application for dissolution
by the board attested by the Union Pres.
Effect of inclusion as members of employees outside
the bargaining unit.
 Affecting union registration
 Affecting certification election
 Unless there is fraud, misrepresentation,
Tagaytay highlands international gold club inc. vs.
theu/ptgwo 2003
Who can file a petition for CE
1. LLO
2. National union who issued a certification of
chartered local
3. Local chapter who has been issued a charter
certificate by a national union.
What is the BY STANDER RULE
-That the employer has nothing to do with the CE
proceedings. (not a privy)
-Employer will be informed only and submit the lISt of
employees during the pre-election conference to the
med-arbiter
CERTIFICATION ELECTION
CE - Bargaining Unit
Diff. modes of determining the SEBA
 Voluntary recognition
 certification election
 consent election
 run-off election
Voluntary recognition – a single LLO in a bargaining unit
which not yet organized will ask mgt. To voluntarily
recognize the said LLO as the SEBA and report it to the
DOLE.
CE- with order of the DOLE
13
Consent election –all the workers will vote to
determine the SEBA without filing a petition for CE, no
intervention of the MED-AR or order to conduct CE
(without order of the DOLE)
Run-off election :
An election between two labor union receiving the two
highest number of votes in a CE or Consent E, with three
or more choices, wherein none of the 3 choices receives
a majority votes of the votes cast, as long as the total
votes cast consist of majority votes of total numbers of
voters.
? To be answered
1. Is there a valid election?
2. Is there a valid choice?
Double majority rule doctrine!
Participants in a certification election – all members of
the appropriate bargaining unit + employees who has
been dismissed from work but contested the legality of
the dismissal waiting final judgment.
Declaration of winner in a CE
DD majority rule + no pending protest in the conduct of
the CE
Grounds for denial of Petition for CE
1. Union-not listed/registered/revoked
2. Lack of 25% consent requirement
3. Deadlock bar rule
4. Contract bar rule
5. One year bar rule
CBA and negotiation:
Jurisdictional requirement before mgt. will bargain and
deal with the Union.
1. The Union is LLO
2. The Union is the SEBA
3. There is demand to bargain from the said union.
* Upon receipt of proposal mgt. did not give counter
proposal and evade to negotiate is liable of ULP.
CBA – 5 yrs. Term (3yrs eco. Life 5 years political life)
Retroactivity of the CBA provisions
End 3rd yr.______within six months automatic retroact
End of 3 yr.---after six months—by agreement of the
parties to the date of retroactivity.

Deadlock in CBA nego--- agreement to retroactivity date
The concluded CBA must be RATIFIED by the majority of
all the members of the bargaining unit. (mandatory)
The Ratified CBA must then be registered within 30 days
from execution of the agreement with the DOLE or BLR
None- registered- 1 year bar rule doesn’t apply.
(substitutionary doctrine) SEBA= none registration PCE.
Union security clauses:
1. Close shop
2. Union shop
3. Maintenance shop
4. Agency shop
*CBA benefits extendible to all employees of BU
*Expired CBA- 60 days status quo
• Substitutionary doctrine
• Sweetheart contract
• Surface bargaining
• Blue sky bargaining
STRIKE – temporary stoppage of work by the concerted
action of employees as a result of an industrial or labor
dispute.
Lockout- temporary refusal to furnish work by the
employer as a result of an industrial or labor dispute.
Requisites for a valid strike:
1. Bargaining dead lock
2. ULP
3. Union busting
Procedural requirements:
1. Notice of strike filed to NCMB (non submission
– strike deemed illegal)
2. Observance of the cooling off period 30-15-0
days
3. Strike votes- submitted to NLRC (majority vote
of all union members. (after submission to
NLRC- observe cooling off period and 7 days
strike ban)
4. 7 days strike ban
14
Lawful means and methods
1. Without violence, coercion or intimidation
2. w/o Obstruction of ingress and egress
3. w/o Obstruction of public thoroughfares
*the opposite = illegal strike= prohibited acts
Proper Party
1. By the SEBA – Bargaining deadlock -ULP
2. LLO not the SEBA within the BU – ULP
All 4 requisite must be present for the strike to be
considered legal strike under the law!
Effect of a lawful strike:
1. Readmission or reinstatement
2. Back wages – economic strike= none / ULP
strike-discretionary
*legal strike- strikers must be readmitted even though
the mgt. hired workers to replace them during the
lawful strike.
*if during the strike a worker filed a protest
resignation, then reapplied will lose his old status or
even seniority. Enriquez v Zamora 146 SCRA 393
Effects of illegal strike
Dismissal – officer who knowingly participated in an
illegal strike (deemed dismissed-discretion of the
employer) Gold city port services vs. NLRC 245 SCRA
627
Dismissal –officer/ member – based on illegal acts
committed during the illegal strike.
Mere participation- member- in an illegal strike– no
dismissal- but reinstatement without back wages during
the illegal strike.
* Possible for damages - & criminal liability
NO STRIKE
1. INTRA-INTER UNION DISPUTES
2. AFTER ASSUMPTION of jurisdiction by the
president or his alter ego.
3. After certification or submission of the labor
dispute to compulsory or voluntary arbitration.
4. Where the cba has a no strike / no lockout
clause

Assumption of jurisdiction/certification for arbitration =
not subject to review or MR if ordered strikers to return
to work. – defiance- termination/ refused to readmit by
employer – pay back wages.
Power of the President or SOLE
1. Assumption of jurisdiction over a labor dispute-
when in his opinion –
a. there is a labor dispute
b. causing for likely to cause a strike or lockout
c. in an industry Indispensable to the national
interest.
Opinion – is a political question –not reviewable by the
courts or SC
• By stander rule CE
• Innocent by stander rule - strike
• 3rd party affected by the strike/ lockout can go
to court and file an injunctive writ
There is ULP if the ff. concurs
1. Present of EE relationship
2. ACT done in relation to the right to self-
organization.
3. ACTS falls under either ART. 248/249 LC
248 ULP by the employer
1. interfering/coercing or restraining – exercise to
self organization
2. Yellow dog contract
3. Contracting out work – work of union members
4. Forming company union
5. Discriminating - union members in their work/
witness-worker=giving testimony –under LC
6. Refused to bargain collectively
7. Gross violation of the CBA
8. Paying – representatives in the CBA for
negotiation. (part of the CBA package)
Termination of Employment
Types of employees:
15
Regular employees:
1. Engaged in activities which are usually
Necessary and desirable to the usual trade or
business of the employer.
2. Has rendered1 yr. continuous or broken
In an activity which is not UN or Desirable but work exist
beyond 1 yr. makes it a necessity in the business.
(casual employees)
3. Has been allowed to work after 6 months
probationary period.
Termination: Just or authorized causes:
Project employees – employed for a specific project /
completion or termination of the project determinative
of the time of engagement of the said employee.
PROJECT EMPLOYEE – NOT A REGULAR EMPLOYEE- CO-
TERMINOUS WITH THE PROJECT
*EVEN IF THEY SERVE MORE THAN 1 YR.
*SECURITY OF TENURE within the project life, if
terminated before the completion – separation pay.
*no separation pay after the completion of the project.
*repeated rehiring in different projects without gaps –
deemed regular employees
• No notice of termination needed after the
completion of the project-employee deemed
separated.
• Before dismissal after the project – employer must
report the termination of services to the nearest
employment office of the DOLE.
• Cannot be dismissed before the termination of the
project, they can only under causes provided by
law.
Probationary employees
• 6 months- period of probation – can be shorten or
prolonged.
• *has security of tenure within that 6 months –
termination only under cause and authorized
causes.
• *double or successive probation not allowed.
• *If the probi during the probation cannot provide
satisfactory performance- employer cannot dismiss
him.
 16

Seasonal employees – work for a particular season only • But if the previous infractions are connected
– if still engaged after the said singular season – can be with the subsequent infraction it can be
subject to the rules for regular employment status. considered forming the totality rule.

• Termination after the season doesn’t constitute Due process--Two written notice rule:
illegal dismissal. 1. Notice given acts or omissions as basis for
• Has security of tenure within the season dismissal and the charges therein, giving him
• Can be terminated during the season on just and
reasonable time to be heard.
authorized causes only. 2. Notice informing him of his dismissal after
exercising his right to be heard.
Fixed term employment – based on contract Non observance fine –P 30K UP
• term contract Just causes: No separation pay
• Work usually necessary and desirable
 Serious misconduct -
• Not illegal
 Willful disobedience
• Expiration of term/contract= valid cause for
 Fraud/breach of trust
termination of employment.
 Gross negligence
• Knowingly, voluntarily (no force/duress) in the
part of the employee to enter into a contract –
Analogous causes (abandonment/grossly immoral
fixed term employment
conduct/ sleeping on the job)
• Dealt in equal footing
• Intent is important – employer(evading
Authorized causes: with or without separation pay (1
regularity/ abuse of employee/ violate tenurial
month or ½ month of every yr of service fraction of 6
status of the employment.
month considered as 1 yr servce)
1. Retrenchment(*basis-who) due to losses1/2/
Part time employees- they are regular employees
retrenchment to prevent losses 1 month.
because of the nature and length of employment, doing
2. Redundancy 1
NU.
3. Installation of labor saving devices 1 month
4. Closure of business*(no bankrupt/due to govt.
Confidential employees – those who formulate
order = 1- 1/2)
management policies connected to labor and
5. Disease ½-1(6mon No cure-certification public
employment.
health officer)
30days notice to DOLE prior to termination and follow
Valid lawful termination of employment:
due process
1. Valid causes – Just causes and authorized
causes
Resignation voluntary in nature
2. Compliance with due process
No separation pay
Based on 282 + observance of due process –right to be
Unless: CBA/ tradition
heard and defend himself.
_______________
Retirement: RA 7641
Totality of infraction doctrine- repeatedly incurred
Compulsory 65 / optional 60
several suspensions/ warnings/ that warrants its
(15 days for every year of service
dismissal akin to habitual delinquency.
Not applicable not more than 10 employees
• Past infractions for which an employee had
Under ground miners RA 8558
already been penalized cannot be collectively
Compulsory 60 / optional 50 at least served min. 5 yrs.
taken as a justification for dismissal.
 17

Consequences of illegal dismissal:

• Back wages-no deduction of present earnings
• Reinstatement –if possible (in the payroll
/former position LA decision even pending
appeal (physical re-instatement not possible)
• Nominal damages – non observance of due
process
• 30K for authorized causes
• 50K for just causes