LABOR LAW I

COURSE SYLLABUS

PART II
RECRUITMENT AND PLACEMENT

1. DEFINITION (Labor Code, Art. 13[b])

▪ People v. Panis, G.R. Nos. 58674-77, July 11, 1986
▪ C.F. Sharp Crew Management, Inc. v. Espanol, Jr., G.R. No. 155903, Sept. 14, 2007
▪ People v. Abella, G.R. No. 195666, Jan. 20, 2016

2. ILLEGAL RECRUITMENT AND PROHIBITED PRACTICES (Local Employment – Labor Code,

Arts. 34, 38 & 39; DO 141-14, or the “Revised Rules and Regulations Governing Recruitment and
Placement for Local Employment,” Sec. 42; Overseas Employment – Labor Code, Arts. 34, 38 &
39; Ra 8042, as amended by RA 10022, Secs. 6 & 7; Omnibus Rules, or the “Omnibus Rules and
Regulations Implementing the Migrant Workers and Overseas Filipinos Act of 1995, as amended
by Republic Act No. 10022,” Rule IV, Sec. 1)
▪ People v. Tolentino, G.R. No. 208686, July 1, 2015

2.1. DEFINITION (Labor Code, Art. 38[a]; DO 141-14, Sec. 42; RA 8042, as amended, Sec. 6;
Omnibus Rules, Rule IV, Sec. 1)
▪ People v. Tolentino, G.R. No. 208686, July 1, 2015
▪ People v. Abella, G.R. No. 195666, Jan. 20, 2016
▪ People v. Dela Cruz, G.R. No. 214500, June 28, 2017
▪ People v. Sison, G.R. No. 187160, Aug. 9, 2017

2.2. ELEMENTS

5.2.1. Simple illegal recruitment

▪ People v. Dela Cruz, G.R. No. 214500, June 28, 2017
▪ People v. Estrada, G.R. No. 225730, Feb. 28, 2018

5.2.2. Illegal recruitment committed by a syndicate

▪ People v. Lalli, G.R. No. 195419, Oct. 12, 2011
▪ People v. Sison, G.R. No. 187160, Aug. 9, 2017

5.2.3. Illegal recruitment committed in large scale

▪ People v. Dela Cruz, G.R. No. 214500, June 28, 2017
▪ People v. Estrada, G.R. No. 225730, Feb. 28, 2018

2.3. TYPES OF ILLEGAL RECRUITMENT

5.3.1. Simple illegal recruitment

▪ People v. Dela Cruz, G.R. No. 214500, June 28, 2017

5.3.2. Illegal recruitment constituting economic sabotage – (a) Illegal recruitment committed by a
syndicate, and (b) illegal recruitment committed in large scale (Labor Code, Art. 38[b]; RA 8042,
as amended, Sec. 6; Omnibus Rules, Rule IV, Sec. 1)
▪ People v. Sison, G.R. No. 187160, Aug. 9, 2017
▪ People v. Estrada, G.R. No. 225730, Feb. 28, 2018

2.4. ILLEGAL RECRUITMENT VS. ESTAFA

▪ People v. Dela Cruz, G.R. No. 214500, June 28, 2017
▪ People v. Racho, G.R. No. 227505, Oct. 2, 2017

3. LIABILITY OF LOCAL RECRUITMENT AGENCY AND FOREIGN EMPLOYER

3.1. Criminal/Civil liabilities (RA 8042, as amended, Secs. 6 & 7; RPC, Arts. 100 & 104; Omnibus
Rules, Rule IV)
▪ People v. Velasco, G.R. No. 195668, June 25, 2014

3.2. Administrative liability (RA 8042, as amended, Secs. 7, 10, 23[c.6], 37-A; Omnibus Rules,
Rule IV, Sec. 5; Id., Rule VI, Sec. 15; Id., Rule VII, Sec. 6; Id., Rule X, Sec. 10; Id., Rule XII, Sec.
2; Id., Rule XVI, Sec. 12)

3.3. Solidary liability of principal/employer and recruitment/placement agency for any and all
(money) claims (RA 8042, as amended, Sec. 10; Omnibus Rules, Rule II, Sec. 1[s], and Rule VII,
Sec. 3)

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 3.4. Liability of corporate director and officers not automatic; finding that they were remiss in
directing the affairs of that company necessary (RA 8042, as amended, Sec. 6; Omnibus Rules,
Rule IV, Sec. 4)
▪ Sto. Tomas v. Salac, G.R. No. 152642, Nov. 13, 2012 [En Banc]
▪ People v. Molina, G.R. No. 229712, Feb. 28, 2018 [Second Division]

4. THEORY OF IMPUTED KNOWLEDGE

▪ Sunace International Management Services, Inc. v. NLRC, G.R. No. 161757. Jan. 25,
2006
▪ APQ Shipmanagement Co., Ltd. v. Caseñas, G.R. No. 197303, June 4, 2014

5. TERMINATION OF CONTRACT OF MIGRANT WORKER WITHOUT JUST OR VALID CAUSE

(RA 8042, as amended, Secs. 10 & 37-A[d])

5.1. RATIONALE OF RA 8042/PROTECTION TO OFWS/SECURITY OF TENURE/DUE PROCESS

▪ Prieto v. NLRC, G.R. No. 93699, Sept. 10, 1993
▪ Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, Aug. 5, 2014
▪ Industrial Personnel & Management Services, Inc. (IPAMS) v. De Vera, G.R. No. 205703,
March 7, 2016
▪ Gopio v. Bautista, G.R. No. 205953, June 6, 2018

5.2. SEAFARERS AS CONTRACTUAL EMPLOYEES; GOVERNED BY POEA-SEC

▪ Millares v. NLRC, G.R. No. 110524, July 29, 2002
▪ Ravago v. Esso Eastern Marine, Ltd., G.R. No. 158324, March 14, 2005
▪ Manansala v. Marlow Navigation Phils., Inc., G.R. No. 208314, Aug. 23, 2017

5.3. REQUISITES WHEN FOREIGN LAW GOVERNS THE OVERSEAS EMPLOYMENT

CONTRACT; INTERNATIONAL LAW DOCTRINE OF PROCESSUAL PRESUMPTION OR
PRESUMED-IDENTITY APPROACH
▪ Industrial Personnel & Management Services, Inc. (IPAMS) v. De Vera, G.R. No. 205703,
March 7, 2016

5.4. SUBSTITUTION OR ALTERATION OF POEA-APPROVED EMPLOYMENT CONTRACTS (RA

8042, as amended, Sec. 6[i]; Omnibus Rules, Rule IV, Sec. 1[i])
▪ Placewell International Services Corporation v. Camote, G.R. No. 169973, June 26, 2006
▪ Nisda v. Sea Serve Maritime Agency, G.R. No. 179177, July 23, 2009

5.5. MONEY CLAIMS OF OFWs GOVERNED BY RA 8042, SEC. 10 – APPLIED ONLY TO CASES
OF ILLEGAL DISMISSAL; UNCONSTITUTIONAL CLAUSE “OR FOR THREE MONTHS FOR
EVERY YEAR OF THE UNEXPIRED TERM, WHICHEVER IS LESS”
▪ Poseidon International Maritime Services, Inc. v. Tamala, G.R. No. 186475, June 26,
2013
▪ Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, Aug. 5, 2014

5.6. COMPENSABLE DISABILITY ELEMENTS

▪ Guerrero v. Philippine Transmarine Carriers, Inc., G.R. No. 222523, Oct. 3, 2018

5.7. PRE-TERMINATION OF CONTRACT WITHOUT DUE PROCESS VIOLATES SECURITY OF

TENURE
▪ Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, Aug. 5, 2014
▪ Halili v. Justice for Children International, G.R. No. 194906, Sept. 9, 2015

6. DEPLOYMENT OF MIGRANT WORKERS (RA 8042, as amended, Secs. 4-5; Omnibus Rules,
Rule III)

6.1. DIRECT HIRES (Omnibus Rules, Rule II, Sec. 1[i]; POEA MC-08-2018, or the “Implementing
Guidelines on the Registration of Direct-Hire Overseas Filipino Workers”)

6.2. BAN ON DIRECT-HIRING; EXEMPTIONS AND REQUIREMENTS (Labor Code, Art. 18; Revised
POEA Rules and Regulations Governing the Recruitment and Employment of Landbased
Overseas Filipino Workers of 2016, Part III, Rule I, Secs. 123-125)
▪ Dagasdas v. Grand Placement and General Services Corporation, G.R. No. 205727, Jan.
18, 2017

6.3. SUABILITY OF FOREIGN CORPORATIONS DIRECTLY HIRING FILIPINOS

▪ Facilities Management Corporation v. De la Rosa, G.R. No. L-38649, March 26, 1979

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7. REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES (Labor Code, Arts. 13, 25-
39; RA 8042, as amended; Omnibus Rules; DO 141-14; Revised POEA Rules and Regulations
Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016;
2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers;
and POEA MC-08-2018 – Implementing Guidelines on the Registration of Direct-Hire Overseas
Filipino Workers [OFWs])
▪ Republic v. Humanlink Manpower Consultants, Inc. (Formerly MHY New Recruitment
International, Inc.) G.R. No. 205188, April 22, 2015

7.1. AUTHORITY AND LICENSE

7.1.1. Definition (Labor Code, Art. 13[f]; Omnibus Rules, Rule II, Sec. 1[b][w])

7.1.2. Non-transferability of license or authority (Labor Code, Art. 29)

▪ C.F. Sharp Crew Management, Inc. v. Espanol, Jr., G.R. No. 155903, Sept. 14, 2007

7.2. SUSPENSION AND/OR CANCELLATION OF LICENSE OR AUTHORITY (Labor Code, Art. 35)

7.2.1. Jurisdiction of DOLE Secretary and POEA

▪ Trans Action Overseas Corp. v. Secretary of Labor, G.R. No. 109583, Sept. 5, 1997
▪ Romero v. People, G.R. No. 171644, Nov. 23, 2011
▪ Republic v. Humanlink Manpower Consultants, Inc. (Formerly MHY New Recruitment
International, Inc.) G.R. No. 205188, April 22, 2015

7.2.2. Impleading surety

▪ Finman General Assurance Corporation v. NLRC (POEA), G.R. No. 94588, July 2, 1992

7.3. PRIVATE SECTOR PARTICIPATION (Labor Code, Art. 25; RA 8042, as amended, Sec. 23;
Omnibus Rules, Rule X, Sec. 3; Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part II, Rule I;
and 2016 POEA Rules and Regulations Governing the Recruitment and Employment of
Seafarers, Part II, Rule I)

7.4. PLACEMENT BY THE PRIVATE SECTOR (Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part III; and
2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers,
Part III)

7.5. PLACEMENT BY THE ADMINISTRATION (Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part IV)

7.6. EMPLOYMENT STANDARDS (Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part V; and 2016
POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers, Part IV)

8. RECRUITMENT VIOLATIONS AND DISCIPLINARY ACTION CASES (Revised POEA Rules

and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino
Workers of 2016, Part VI; and 2016 POEA Rules and Regulations Governing the Recruitment
and Employment of Seafarers, Part V)

8.1. POLO Functions (Omnibus Rules, Rule X, Sec. 2)

8.2. POEA JURISDICTION (Omnibus Rules, Rule X, Secs. 3-11)

8.3. GROUNDS (Revised POEA Rules and Regulations Governing the Recruitment and Employment
of Landbased Overseas Filipino Workers of 2016, Part VI, Secs. 143-145; and 2016 POEA Rules
and Regulations Governing the Recruitment and Employment of Seafarers, Part V, Secs. 123-
128)

8.4. DISQUALIFICATION OF PRINCIPAL/EMPLOYER AND SEAFARER (Revised POEA Rules and

Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino
Workers of 2016, Part VI, Secs. 177-184; and 2016 POEA Rules and Regulations Governing the
Recruitment and Employment of Seafarers, Part V, Secs. 161-168)

8.5. APPEAL AND EXECUTION OF DECISIONS (Revised POEA Rules and Regulations Governing
the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part VI,
Secs. 185-197; and 2016 POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers, Part V, Secs. 169-181)

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 8.5.1. Remedy of injunction
▪ Republic v. Principalia Management and Personnel Consultants, Inc., G.R. No. 198426,
Sept. 2, 2015

9. ASSISTANCE TO OFWS AND SEAFARER (Revised POEA Rules and Regulations Governing
the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part VIII,
Secs. 207-232; and 2016 POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers, Part VI, Secs. 191-216)

9.1. REPATRIATION OF WORKERS (RA 8042, Secs. 15, 16, 23[a][b.2][c.6], 36 & 37-A[d][i];
Omnibus Rules, Rule XIII, Secs. 1-9)

10. COUNTRY-TEAM APPROACH (RA 8042, as amended, Secs. 27-28; Omnibus Rules, Rule VIII,
Sec. 3)

11. INCENTIVES AND AWARDS (Revised POEA Rules and Regulations Governing the Recruitment
and Employment of Landbased Overseas Filipino Workers of 2016, Part IX, Secs. 233-240; and
2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers,
Part VII, Secs. 217-224)

12. HANDBOOK FOR OFWs ACT OF 2018 (RA 11227)

13. SEAFARERS PROTECTION ACT (RA 10706)

13.1. DECLARED POLICY (Id., Sec. 2)

13.2. PROHIBITION ON AMBULANCE CHASING (Id., Sec. 3)

14. REGULATORY AND VISITORIAL POWERS (Labor Code, Arts. 36-37)

14.1. DISTINGUISH FROM OTHER VISITORIAL POWERS (Labor Code, Arts. 128 & 289 [274])

14.2. OBSTRUCTION OR ATTEMPT TO OBSTRUCT INSPECTION CONSTITUTES ILLEGAL

RECRUITMENT (Labor Code, Art. 34[b]; RA 8042, Sec. 6[g])

15. EMPLOYMENT OF NON-RESIDENT ALIENS (Labor Code, Arts. 40-42; DO 186-17, or the
“Revised Rules for the Issuance of Employment Permits to Foreign Nationals;” DOLE, DOJ, BI,
and BIR Joint Guidelines No. 01, Series of 2019 – Re: Guidelines on the Issuance of Work and
Employment Permits to Foreign Nationals dated May 1, 2019)

15.1. COVERAGE, EXEMPTION, EXCLUSION (DO 186-17, Secs. 1-3)

15.2. LABOR MARKET TEST AND OTHER OBJECTION AGAINST THE FOREIGN NATIONAL (Id.,
Sec. 7)

15.3. VALIDITY AND RENEWAL OF AEP (Id., Sec. 10-11)

15.4. GROUNDS FOR DENIAL OF APPLICATION FOR OR RENEWAL OF AEP (Id., Sec. 12)

15.5. CANCELLATION/REVOCATION OF AEP (Id., Sec. 13)

15.6. EFFECT OF DENIAL/CANCELLATION OR REVOCATION OF AEP (Id., Sec. 14)

15.7. EFFECT OF FRAUDULENT APPLICATION FOR AEP FILED BY EMPLOYERS, EMPLOYER

AND NATIONAL’S REPRESENTATIVES, AND/OR AGENTS (Id., Sec. 15)

15.8. APPEAL FROM DENIAL, CANCELLATION, OR REVOCATION OF AEP (Id., Sec. 16)

15.9. PENALTY FOR WORKING WITHOUT AEP (Id., Sec. 17)