Labor Final Exams 2023

Labor Law Review
Section A Final
Exam
December 15, 2023
Instructions
 There are 16 questions in this exam worth 5 points each.

 The exam is worth a total of 80 points.
 Please type your answers only on a word document with each item numbered
accordingly (1-16).
 If there are sub questions, please also label them accordingly (a,b,c).
 Paper size : Legal (8.5x14 inches)
 Font: Arial, size 14
 Indicate only your student ID number on the top page.
 When you are finished answering, save the document into a PDF and submit it via
email to [ darbernardo.legal@gmail.com ].
 File name: [ LabRevMT2023 – Student ID number ]
 You have 3.5 hours to take this exam, from 6PM to 9:30 PM.
 The answers must be sent and received on or before 9:30PM.
 Read each question carefully. Answer the essay questions clearly and concisely using
the ALAC (Answer, Legal Basis, Application, Conclusion) format, if appropriate.
 You will not be monitored during the exam but please be honest and answer
independently. Referring to notes, books, websites, digests, or other materials and
conferring with classmates or any other persons is not allowed.
 Good luck!
1.
In computing the 13th month pay of its employees, Liwayway
Company (LC) included as basis not only the regular base pay but also
the cash value of unused vacation and sick leaves. LC had been
implementing this method for ten (10) years when it suddenly
announced that the method was erroneous and would therefore be
discontinued.
May LC lawfully discontinue using this method? Explain

briefly. (5 points)
2.
Filomena was hired as a nurse for an international hospital in Israel on a 12-
month contract. However, during the 3rd month of her employment, the hospital
terminated her employment without any just or authorized cause. Upon her return
to the Philippines, Filomena decided to file an illegal dismissal complaint against
the hospital before the Labor Arbiter (LA). The hospital alleged that the LA has
no jurisdiction over the case because the hospital is outside Philippine territory.
A. Does the LA have jurisdiction over the complaint for illegal

dismissal? Explain briefly. (2.5 points)
B. What is Filomena entitled to, due to the pre-termination of
her contract without just or authorized cause? (2.5 points)
3.
What is the four-fold test in determining the
existence of an employer-employee relationship? (5
points)
4.
An Information was filed against Lourna charging her with illegal recruitment,
alleging that Lourna had conducted recruitment activities without a valid authority.
She received amounts ranging from P 50,000.00 to 100,000.00 from two complainants
on the pretext that the complainants could be deployed for work in Saudi Arabia.
However, the complainants’ date of deployment kept on getting postponed without
explanation. Lourna stopped responding to complainant’s queries and refused to
answer their calls. Upon investigation by the NBI, it was discovered that Lourna did
not have any authority issued by the DOLE.
In defense, Lourna reasoned that she was not conducting recruitment activities.
She merely accompanied the workers and referred them to the agency as she knew the
owner thereof. She admitted to receiving amounts from the applicants but she averred
that she immediately turned over the amounts to the agency and did not keep the
amounts for herself.
Do the acts of accompanying and referring applicants to the agency
constitute recruitment? Explain briefly. (5 points)
5.
A second Information was filed charging Lourna with
estafa based on the same set of facts in the previous
question. She avers that double jeopardy applies. Is this
correct? Explain briefly. (5 points)
6.
Seafarer Oscar was hired by SK Shipping. While the ship was docked in
Panama, Oscar was singing videoke with other crew members. He fell out of
balance and slipped. As a result, he suffered major knee injuries. He was
medically repatriated to Manila and was diagnosed with fracture fragmentary of
the tibia bone epiphysis in both legs. Oscar underwent major knee surgery and
physical rehabilitation. The company-designated physician declared that Oscar’s
disability was Grade 10. Oscar consulted a personal doctor who diagnosed that
his disability was Grade 5.
SK Shipping refused to pay any disability compensation arguing that

Oscar’s injury was not work-related as he was not actually performing any work
when the injury occurred.
Is SK Shipping correct? Explain briefly. (5 points)

7.
What is the procedure to be followed to resolve the
conflicting findings of the company-designated
physician and the seafarer’s personal doctor? Explain
briefly. (5 points)
8.
What is the prescriptive period for filing in the cases
below?
a. Seafarer disability compensation (2 points)
b. Illegal dismissal of regular employee with
prayer for backwages (2 points)
c. Regular money claims such as overtime pay,
holiday pay, service incentive leave pay, and
salary differentials (1 point)
9.
Monica, employee of LBC, filed an administrative complaint against her
supervisor Arturo for sexual harassment. For several months since her hiring, Arturo
would inappropriately touch Monica; in several incidents, he attempted to kiss Monica
on her cheeks and lips; Arturo also remarked that he would like to make a baby with
her.
LBC management merely advised Monica to request for transfer to another team
but still within the same branch as Arturo. Sensing that management would not act
immediately on her complaint, Monica submitted a resignation letter as she could no
longer endure working in the same office as Arturo. LBC sent a Notice to Explain
(NTE) to Arturo 2 months after Monica filed the complaint and conducted an
investigation 1 month after sending the NTE.
Monica filed a complaint against LBC for illegal dismissal. LBC countered that
Monica voluntarily resigned.
Is LBC liable for illegal dismissal? If so, what kind? Explain briefly
(5 points).
10.
3M Philippines (3MPH) decided to align its business model with other 3M
subsidiaries in Southeast Asia. After conducting a feasibility study and market
research, 3MPH decided to merge its Industrial Business Division headed by
Yuseco with the Safety & Graphics Business Division headed by Lopez.
3MPH decided to retain Lopez to head the newly merged Division due to
his broader work experience and better performance ratings over the past 3 years.
3MPH sent a notice of dismissal to Yuseco and offered him a generous
separation package of 5 million pesos. 3MPH also submitted the termination
report to the DOLE. Unsatisfied, Yuseco filed a complaint for illegal dismissal
against 3MPH.
Was Yuseco illegally dismissed? Explain briefly citing the

applicable authorized cause. (5 points)
11.
Marlowe was hired by Finesse Printing Company as copywriter in
June 2023. In December 2023, Finesse scheduled its annual Christmas
party. Traditionally, the new-hires of the company were required to
perform a dance number during the party. Marlowe refused to join the
dance number as he did not know how to dance and felt uncomfortable
dancing in front of other people. The HR manager of Finesse sent
Marlowe a notice to explain charging him with insubordination for
refusing to perform the dance number.
Did Marlowe commit insubordination? Explain briefly. (5

points)
12.
Explain and differentiate the two-notice rule in
dismissal due to just cause and dismissal due to authorized
cause. (5 points)
13.
Sonic Build Corp. employed Leo in its cement factory as
Floor Manager, assigned to direct and supervise rank-and- file
employees, ensure that such employees obey company rules and
regulations, and recommend to the company’s Human Resources
Department any required disciplinary action against erring
employees. Sonic Build has two unions, one for rank-and-file
employees, and another union for supervisory employees.
What is the nature of Leo’s position? May Leo join

a union, if so, which one? Explain briefly. (5 points)
14.
What are the grounds for a valid strike, and
who may declare a valid strike? (5 points)
15.
Milan was employed as IT Engineer for Googlie PH for 5 years.
He submitted a resignation letter with 30 day’s notice. Googlie accepted
Milan’s resignation and informed him of the clearance process in which
he must make an inventory of his pending work for proper turnover to
his team, return the company- provided laptop and cellphone, and to pay
his outstanding loan to the company in the amount of P 5,000.00. It was
only after the clearance process that Googlie would release Milan’s final
pay.
Milan refused to comply and asserted that Googlie was illegally

withholding his wages.
Is Milan correct? Explain briefly. (5 points)

16.
Define management prerogative (5 points).

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Labor Law Review

 There are 16 questions in this exam worth 5 points each.

May LC lawfully discontinue using this method? Explain

A. Does the LA have jurisdiction over the complaint for illegal

SK Shipping refused to pay any disability compensation arguing that

Is SK Shipping correct? Explain briefly. (5 points)

Was Yuseco illegally dismissed? Explain briefly citing the

Did Marlowe commit insubordination? Explain briefly. (5

What is the nature of Leo’s position? May Leo join

Milan refused to comply and asserted that Googlie was illegally

Is Milan correct? Explain briefly. (5 points)

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