2003 BAR EXAMINATIONS

LABOR LAW

INSTRUCTIONS
1. This Questionnaire contains TEN (10) pages including this page. Check the number of pages and their
proper sequencing. You may write notes on this Questionnaire.
2. This Questionnaire is divided into two (2) parts: Part I and Part II. Write your answers to the questions in
Part I (consisting of problem sets labelled A.1. to A.10.) in Booklet I and the answers to the questions in Part
II (consisting of problem sets labelled B・11.to B・ 20 ・)in Booklet II. Answers written in the wrong
booklet shall not be given any credit ・
3. Read each question carefully and note the points allocated for each question. In your answers, follow the
sequence and the numbering system used in the Questionnaire. Answer each numbered question on a
separate page; an answer to a sub-question under the same number set may be written continuously on the
same page and succeeding pages until completed.
4. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at sound and logical conclusions. Always support your answers with the pertinent
laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without any corresponding explanation or
discussion may not be given full credit.
5. Marking of your booklets with your name or other identifying signs or symbols extraneous to the subject
matter of the questions may be considered as cheating, and may disqualify you for the whole examinations.
YOU CAN BRING HOME THE QUESTIONNAIRE・
JUSTICE ESTELA M・ PERLAS-BERNABE
Chairperson

2003 Bar Examinations

PART I
Note: As stated in the Instructions, Part I covers problem sets labelled A・1・ to A・10・ All answers to
these questions should be written in Booklet I

A.1

How do the provisions of the law on labor relations interrelate, if at all, with the provisions pertaining to labor
standards? 5%

A.2

May social justice as a guiding principle in labor law be so used by the courts in sympathy with the working
man if it collides with the equal protection clause of the Constitution? Explain. 5%

A.3

The employer company, in a directive to the union president, ordered the transfer of some of its employees,
including a number of union officials, to its plant offices. The order was opposed by the union. Ultimately, the union
filed an unfair labor practice against the company alleging that the purported transfer of its union officials was unjust
and in violation of the Collective Bargaining Agreement (CBA), Pursuant to the terms of the CBA, the dispute was
referred to a voluntary arbitrator who later ruled on the issues raised by the parties. Could it later be validly asserted
that the "decision" of the voluntary arbitrator would have no "compulsory" effect on the parties? Explain.

A.4

The Labor Code treats differently in various aspects the employment of (i) managerial employees, (ii)
supervisory employees, and (iii) rank-and-file employees. State the basic distinguishing features of each type of
employment.

A.5

Magdalo, a labor union in Oakwood, a furniture manufacturing firm, after failing in its negotiations with
Oakwood. filed with the Department of Labor and Employment (DOLE) a notice of strike. The DOLE summoned
Magdalo and Oakwood for conciliation hearings to resolve the deadlock. Unable to agree despite efforts of the DOLE,
Magdalo called a strike participated in by its officers and union members including Cesar Trinio, a rank-and-file
employee, who led the "walk out." Oakwood filed a petition to declare illegal the strike which Magdalo staged without
observing the seven-day ban under the Labor Code. Oakwood claimed that the strike being illegal, all those who
participated therein, including Cesar Trinio, could be dismissed as, in fact, they were so dismissed by Oakwood.
Decide the case.

A.6

In a labor dispute, the Secretary of Labor issued an "Assumption Order". Give the legal implications of such
an order.

A.7

At what particular point does a labor organization acquire a legal personality?

a) On the date the agreement to organize the union is signed by the majority of all its members; or
b) On the date the application for registration is duly filed with the Department of Labor or
c) On the date appearing on the Certificate of Registration; or
d) On the date the Certificate of Registration is actually issued; or
e) None of the above, Choose the correct answer.

A.8

There are instances when a certification election is mandatory. What is the rationale for such a legal
mandate?

A.9

Pablo was a farm-hand in a plantation owned by ABC & Co., working approximately 6 days a week for a good
15 years. Upon Pablo's death, his widow filed a claim for burial grant and pension benefits with the Social Security
System (SSS). The claim was denied on the ground that Pablo had not been a registered member-employee.

Pablo's widow filed a petition before the SSS asking that ABC & Co. be directed to pay the premium
contributions of Pablo and that his name be reported for SSS coverage. ABC & Co. countered that Pablo was hired
to plow, harrow and burrow, using his own carabao and other implements and following his own schedule of work
hours, without any supervision from the company. If proven, would this factual setting advanced by ABC & Co. be a
valid defense against the petition?

A.10
 Can an individual, the sole proprietor of a business enterprise, be said to have violated the Anti-Sexual
Harassment Act of 1995 if he clearly discriminates against women in the adoption of policy standards for employment
and promotions in the enterprise? Explain

A.11

XYZ Employees Association filed a complaint against ABC Bank for wrongful diminution of benefits. It alleged
that the bank had been providing for a mid-year bonus equivalents one month basic pay and a Christmas bonus
equivalent to one-month basic pay since 1971. Upon the effectivity of Presidential Decree (P.D.) No. 851 in 1975
which granted the 13th month pay, the bank started giving its employees a one-month basic pay as mid-year bonus,
one-month basic pay as Christmas bonus, and one-month basic pay as 13th month pay.

In 1980, the bank was placed under conservatorship and by virtue of a monetary board resolution of the
Central Bank, the bank only gave one month basic pay mandated by P.D. 851, and it no longer gave its employees
the traditional mid-year and Christmas bonuses. Could ABC Bank be compelled, given the circumstances, to continue
paying its employees the traditional midyear and Christmas bonuses in addition to the 13 th month pay?

A.12

Premiere Bank, a banking corporation, being the creditor-mortgagee of XYZ & Co., a garment firm, foreclosed
the hypothecated assets of the latter. Despite the foreclosure, XYZ & Co. continued its business operations. A year
later, the bank took possession of the foreclosed property. The garment firm's business operations ceased without a
declaration of bankruptcy. Jose Caspar, an employee of XYZ & Co., was dismissed from employment due to the
cessation of business of the firm. He filed a complaint against XYZ & Co. and the bank.

The Labor Arbiter, after hearing, so found the company liable, as claimed by Jose Caspar, for separation pay.
Premiere Bank was additionally found subsidiarily liable upon the thesis that the satisfaction of labor benefits due to
the employee is superior to the right of a mortgagee of property. Was the Labor Arbiter correct in his decision?

A.13

A case against an employer company was filed charging it with having violated the prohibition against
offsetting undertime for overtime work on another day. The complainants were able to show that, pursuant to the
Collective Bargaining Agreement (CBA), employees of the union had been required to work "overtime" on Saturday
but were paid only at regular rates of pay on the thesis that they were not required to complete, and they did not in
fact complete, the eight-hour work period daily from Monday through Friday. Given the circumstances, the employer
contended that the employees were not entitled to overtime compensation, i.e., with premium rates of pay. Decide the
controversy.

A.14

Daisy's Department Store hired Leo as a checker to apprehend shoplifters. Leo later became Chief of the
Checkers Section and acquired the status of a regular employee. By way of a cost-cutting measure, Daisy's decided
to abolish the entire Checkers Section. The services of Leo, along with those of his co-employees working in the same
section, were terminated on the same day. A month after the dismissal of Leo, Daisy's engaged the services of another
person as an ordinary checker and with a salary much lower than that which Leo used to receive. Given the above
factual settings (nothing more having been established), could the dismissal of Leo be successfully assailed by him?

A.15

Oscar Pimentel was an agent supervisor, rising from the ranks, in a corporation engaged in real estate. In
order to promote the business, the company issued a memorandum to all agent supervisors requiring them to submit
a feasibility study within their respective areas of operation. All agent supervisors complied except Oscar. Reminded
by the company to comply with the memorandum, Oscar explained that being a dropout in school and uneducated,
he would be unable to submit the required study. The company found he explanation unacceptable and terminated
his employment. Aggrieved, Oscar filed a complaint for illegal dismissal against the company. Decide the case.