For Midterm Exam Flashcards
Article 3 ___ OF ___ ___
DECLARATION OF BASIC POLICY
The State shall: (APERA)
1. Afford protection to labor;
2. Promote full employment;
3. Ensure equal work opportunities regardless of age, sex or creed;
4. Regulate the relations between workers and employers; and
5. Assure the right of workers to: (JSSC)
a. Just and humane conditions of work
b. Self-organization
c. Security of tenure; and
d. Collective bargaining.
- It is a ___ ___ aimed at a ___ ___ between ___ to ___ and ___ ___ to ___
- The protection of the ___ ___ ___ cannot justify disregard of ___ ___ in the ___ of the ___ and ___ ___ in order to arrive at a ___ in favor of an ___ (_ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _, _ _ _ vs. _ _ _ _, _ _ _ - _ _ _ _ - _ _ _)
Article 3
- It is a shared responsibility aimed at a constitutional balance between protection to labor and prevent oppression to capital
- The protection of the rights of workers cannot justify disregard of relevant facts in the construction of the text and applicable rules in order to arrive at a disposition in favor of an employee (Philippine Airlines, Inc vs. NLRC, 201 SCRA 687)
Article 4 : ___ IN ___ OF ___
• ___ in favor of ___ IF THERE IS A ___ as to the meaning of the ___ and ___ ___. If the ___ is ___ and ___, it must be ___ ___ ___ with its ___ ___ (_ _ _ _ _ _ _ v. _ _ _ , GR No. _ _ _ _ , _ _ _ _ - _ _, _ _ _ _)
• HOWEVER, ___ ___ ___ ___ should be ___ in favor of ___. The ___ also recognizes that ___ has ___ which are also ___ to ___ and ___ of ___ of ___ ___ ( _ -. _ _ _’s _ _ _ _ _ _ _ - _ _ _ _ _ _ - _ _ _ _ _ _ _ _’s - _ _ _ _ _ _ _ _ _ _ _ vs. _ _ _ _, GR No. _ _ _ _ _ _, _ _ _ _ _ - _, _ _ _ _).
Article 4 : CONSTRUCTION IN FAVOR OF LABOR
• Construed in favor of labor IF THERE IS A DOUBT as to the meaning of the legal and contractual provision. If the provision is clear and unambiguous, it must be applied in accordance with its express terms (Meralco v. NLRC, GR No. 78763, July 12, 1989)
• HOWEVER, not all labor disputes should be resolved in favor of labor. The law also recognizes that management has rights which are also entitled to respect and enforcement of interest of fair play (St. Luke’s Medical Center Employee’s Association vs. NLRC, GR No. 162053, March 7, 2007).
(Under what article?)
Reasons for Affording Greater Protection to Employees
- There is a ___ ___ than ___ for ___;
- ___ ___ with the ___ that those who have ___ ___ ___ should have ___ ___ ___; and
- The ___ for ___ by ___ comes from ___, and even ___ ___ (_ _ _ _ _ _ _ v. _ _ _ _ _ - _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _., GR No. _ - _ _ _ _, _ _ _ _ _ _ _ - _ _, _ _ _ _)
(Article 4)
- There is a greater supply than demand for labor;
- In accordance with the doctrine that those who have less in life should have more in law; and
- The need for employment by labor comes from vital, and even desperate necessity (Sanchez v. Harry Lyons Construction Inc., GR No. L-2779, October 18, 1950)
(Under what article?)
Extent of Protection to Labor
to an ___, who is ___ either ___ ___ ___ or ___ ___ ___ ___ or their ___ ___.
(Article 4)
to an employee, who is abused either by the employer or by the union leadership or their respective representatives.
(Under what article?)
Management Rights
• Under the ___ of ___ ___, every ___ has the ___ ___ to ___ according to ___ ___ ___ and ___ all ___ of ___, including ___ ___ ___, ___ ___, the ___, ___ and ___ of ___, ___ ___, ___ of ___, ___-___ of ___, and ___, ___ and ___ of ___ (_ _ _ _ _ - _ _ _ _ of _ _ _ _ _ _ _ _ v. _ _ _ _ _, GR No. _ _ _ _ _ _, _ _ _ _ _ _ _ _ - _ _, _ _ _ _).
(Article 4)
Under the doctrine of management prerogative, every employer has the inherent right to regulate according to his own discretion and judgement all aspects of employment, including hiring work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal and recall of employees (Rural Bank of Cantilan v. Julve, GR No. 169750, February 27, 2007).
(Under what article?) The \_\_\_ has the \_\_\_ to (CPSTR) 1. \_\_\_ \_\_\_; 2. \_\_\_ \_\_\_; 3. \_\_\_ and \_\_\_ \_\_\_; 4. \_\_\_ or \_\_\_ \_\_\_; and 5. \_\_\_ of \_\_\_ and \_\_\_ of \_\_\_.
(Article 4) The employer has the right to (CPSTR) 1. Conduct business; 2. Prescribe rules; 3. Select and hire employees; 4. Transfer or discharge employees; and 5. Return of investment and expansion of business.
(Under what article?)
• ___ ___, however, are ___ to ___ ___ by (1) ___, (2) ___ or ___ ___ ___, and (3) ___ ___ of ___ ___ and ___ (_ _ _ _ _ _ _ v. _ _ _ _ _ - _ _ _ _ of _ _ _ _ _ _, GR No. _ _ _ _ _ _, _ _ _ _ - _, _ _ _ _).
(Article 4)
• Management prerogatives, however, are subject to limitations provided by (1) law, (2) contract or collective bargaining agreements, and (3) general principles of fair play and justice (Mendoza v. Rural bank of Lucban, GR No. 155421, July 7, 2004).
Article 5: ___ AND ___
- The ___ and ___ issued by the ___ of ___ and ___ (___) shall become ___ ___ ___ AFTER ___ of their ___ in ___ of ___ ___. Sec.___ [] and Sec. ___ of the ___ ___ ___ of _ _ _ _ also require ___ of ___ () ___ ___ of the ___ ___ and ___ with the ___ ___ ___.
- ___ ___ and ___ must be ___ if their ___ is to ___ or ___ ___ ___ ___ to a ___ ___ (_ _ _ _ _ _ v. _ _ _ _ _ _ GR No. _ _ _ _ _ _, _ _ _ _ _ - _ _, _ _ _ _ , _ _ _ _ _ _ - _ _ _ ‘ _. _ _ _ _ _ _ _ _ _ v. _ _ _. of _ _ _ _ _, GR No. _ _ _ _ _ _, _ _ _ _ _ - _, _ _ _ _).
RULES AND REGULATIONS
• The rules and regulations issued by the Department of Labor and Employment (DOLE) shall become effective 15 DAYS AFTER announcement of their adoption in newspapers of general circulation. Sec.3 [1] and Sec. 4of the Revised Administrative Code of 1987 also require filing of three (3) certified copies of the administrative rules and regulations with the UP Law Center.
• Administrative rules and regulations must be published if their purpose is to enforce or implement existing law pursuant to a vaild delegation (Tañada v. Tuvera GR No. L63915, April 14, 1985, Philsa Int’l. Placement v. Sec. of Labor, GR No. 103144, April 4, 2001).
Article 6: ___
___ ___: The ___ applies to ___, whether ___ or ___-___, including ___, IN A ___ ___ ___ UNDER THE ___ ___ (See discussion under Art. _ _ _).
APPLICABILITY
General Rule: The Code applies to all workers, whether agricultural or non-agricultural, including employees, IN A GOVERNMENT CORPORATION INCORPORATED UNDER THE CORPORATION CODE (See discussion under Art. 244).
(Under what article?)
Exceptions:
1. ___ ___;
2. ___ of ___ ___ ___ by ___ or ___ ___ (Juco v. NLRC, GR No. 108813, August 18, 1997);
3. ___ ___ (JUSMAG-Philippines v. NLRC, GR No 108813, December 15, 1994);
4. ___ ___ (Lasco v. UNRFNRE, GR Nos: 109095 – 109107, February 23, 1995), ___ of ___ or ___ ___ (SEAFDEC-AQD v. NLRC, GR No. 86773, February 14, 1992);
5. ___ ___ / ___-___ ___ which fall under PD _ _ - and now fall under the ___ of the ___ ___ ___ to the ___ ___ ___ (Nacpil v. IBC, GR No. 144767, March 21, 2002); and,
6. ___ ___ ___ (Tanjay Water District v. Gabaton, GR Nos. 63742 and 84300, April 17, 1989) except where ___ ___ is ___ (Zamboanga City Water District v. Buat, GR No. 104389, May 27, 1994).
(Article 6)
- Government employees;
- Employees of government corporations created by special or original charter (Juco v. NLRC, GR No. 108813, August 18, 1997);
- Foreign governments (JUSMAG-Philippines v. NLRC, GR No 108813, December 15, 1994);
- International Agencies (Lasco v. UNRFNRE, GR Nos: 109095 – 109107, February 23, 1995), employees of intergovernmental or international organizations (SEAFDEC-AQD v. NLRC, GR No. 86773, February 14, 1992);
- Corporate officers / Intra-corporate disputes which fall under PD 902-A and now fall under the jurisdiction of the Regular Courts pursuant to the Securities Regulation Code (Nacpil v. IBC, GR No. 144767, March 21, 2002); and,
- Local water districts (Tanjay Water District v. Gabaton, GR Nos. 63742 and 84300, April 17, 1989) except where NLRC jurisdiction is invoked (Zamboanga City Water District v. Buat, GR No. 104389, May 27, 1994).
(Under what article?)
Agricultural or Farm worker – one ___ in an ___ or ___ ___ and ___ to ___ ___ which are ___ ___ to the ___ ___ of the ___, such as ___ and ___ of the ___, ___, ___ and ___ of ___ ___ and ___ ___, the ___ of ___ or ___, and any activity ___ by a ___ as an ___ to or in ___ with such ___ ___.
There may be, in one ___, both ___ as well as ___ ___.
(Article 6)
Agricultural or Farm worker – one employed in an agricultural or farm enterprise and assigned to perform tasks which are directly related to the agricultural activities of the employer, such as cultivation and tillage of the soil, dairying, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any activity performed by a farmer as an incident to or in conjunction with such farming operations.
There may be, in one employer, both agricultural as well as industrial workers.
(Under what article?)
Note: The ___ ___ applies ___ or ___ ___ ___ between the ___, depending on the kind of ___ ___. The ___ or ___ of ___-___ ___ is itself a ___ ___ ___ (Azucena, 2007).
(Article 6)
Note: The Labor Code applies with or without employment relationship between the disputants, depending on the kind of issue involved. The presence or absence of employer-employee relationship is itself a labor law question (Azucena, 2007).
CHAPTER II, ___ OF ___ (P.D. _ _ AS AMENDED BY R.A. _ _ _ _ – ___ ___ ___ ___ A.K.A. _ _ _ _)
1. Article _ _, Sec. _ _
The ___ shall ___ ___ ___ ___ and ___ ___.
CHAPTER II, EMANCIPATION OF TENANTS (P.D. 27 AS AMENDED BY R.A. 6657 – COMPREHENSIVE AGRARIAN REFORM LAW A.K.A. CARL)
1. Article II, Sec. 21
The State shall promote comprehensive rural development and agrarian reform.
- Article _ _ _ _, Sec. _
The ___ shall, by ___, undertake an ___ ___ ___ founded on the ___ of ___ and ___ ___, who are ___, to ___ ___ or ___ the ___ they ___ or in the ___ of other ___, to receive a ___ ___ of the ___ there of. To this ___, the ___ shall ___ and ___ the ___ ___ of all ___ ___, subject to such ___ and ___ ___ ___ as the ___ may ___, taking into account ___, ___, or ___ ___, and subject to the ___ of ___ ___. In ___ ___ ___, the ___ shall ___ the ___ of ___ ___. The ___ shall further ___ ___ for ___ ___-___.
- Article XIII, Sec. 4
The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or in the case of other farmworkers, to receive a just share of the fruits there of. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the rights of small landowners. The State shall further provide incentives for voluntary land-sharing.
(Under what?)
Note: ___ ___ has been ___ by R.A. _ _ _ _, as amended by R.A. _ _ _ _, for being ___ to ___ ___, ___ in its stead a ___ ___. It ___ the ___ towards the ___ ___ of ___ by its ___. Under Article _, the ___ ___ by ___ ___ ___ must be:
- ___ ___ ___;
- ___;
- ___ ___ to ___ and/or ___; and,
- ___ than ___ ___ in ___.
(PD 27 as ammended by RA 6657 - CARL)
Note: Share tenancy has been abolished by R.A. 3844, as amended by R.A. 6389, for being contrary to public policy, placing in its stead a leasehold system. It marked the movement towards the eventual ownership of land by its tiller. Under Article 8, the land covered by operation land transfer must be:
- Private agricultural land;
- Tenanted;
- Primarily devoted to rice and/or corn; and,
- More than seven hectares in area.
P.D. 27 v. CARL (R.A. 6657)
Lands Covered
(P.D. 27)
___ ___ ___ ___ ___ to ___ and ___ under a ___ of ___ or ___-___, whether ___ as ___ ___ or ___.
(CARL (R.A. 6657))
All ___ and ___ ___ ___ including ___ ___ of the ___ ___ ___ for ___ (See discussion under CARL for exclusions).
Lands Covered
(P.D. 27)
Private agricultural lands primarily devoted to rice and corn under a system of sharecrop or lease-tenancy, whether classified as landed estate or not.
(CARL (R.A. 6657))
All public and private agricultural lands including other lands of the public domain suitable for agriculture (See discussion under CARL for exclusions).
P.D. 27 v. CARL (R.A. 6657)
Retention Limits
(P.D. 27)
___ may ___ an ___ not ___ than _ ___ if such ___ is ___ such ___ or will now ___ it.
(CARL (R.A. 6657))
In ___ ___ shall the ___ by the ___ ___ _ ___.
_ ___ may be ___ to each ___ of the ___ ___, if ___ is
(1) at ___ _ _ ___ of ___; and,
(2) actually ___ the ___ or ___ ___ the ___.
Retention Limits
(P.D. 27)
Landowner may retain an area not more than 7 hectares if such landowner is cultivating such area or will now cultivate it.
(CARL (R.A. 6657))
In no case shall the retention by the landowner exceed 5 hectares.
3 hectares may be awarded to each child of the land owner, if he is
(1) at least 15 years of age; and,
(2) actually tilling the land or directly managing the farm.
P.D. 27 v. CARL (R.A. 6657)
Valuation
(P.D. 27)
___ to _ _ ___ the ___ ___ of _ ___ ___ ___ ___ ___ the ___ of P.D. _ _.
(CARL (R.A. 6657))
The ___ ___ of the ___ (LBP) shall ___ the ___ in such ___ as may be ___ ___ by the ___ and the ___ and ___ or as may be ___ ___ by the ___ as ___ ___ of the ___.
Valuation
(P.D. 27)
Equivalent to 2 ½ times the average harvest of 3 normal crop years immediately preceding the promulgation of P.D. 27.
(CARL (R.A. 6657))
The Land Bank of the Philippines (LBP) shall compensate the landowner in such amount as may be agreed upon by the landowner and the DAR and LBP or as may be finally determined by the court as just compensation of the land.
P.D. 27 v. CARL (R.A. 6657)
Transferability of Title
(P.D. 27)
___ ___ to the ___ ___ by ___ ___ under P.D. _ _ shall be ___ ___ to a ___-___ ___ and ___ the ___-___ has become a ___-___ ___ of a ___ ___ ___ ___. ___ to the ___ is not ___ ___ by ___ ___ or to the ___ in ___ with P.D. _ _.
(CARL (R.A. 6657))
___ ___ by ___ under ___ may ___ be ___-___ or ___ for a ___ of _ _ ___ except through ___ ___ or when ___, ___, or ___ to the ___ or to the ___ or to ___ ___ ___ for a ___ of _ _ ___.
(P.D. 27)
No title to the land owned by tenant farmers under P.D. 27 shall be actually issued to a tenant-farmer unless and until the tenant -farmer has become a full-fledged member of a duly recognized farmers cooperative. Title to the land is not transferrable except by hereditary succession or to the Government in accordance with P.D. 27.
(CARL (R.A. 6657))
Lands acquired by beneficiaries under CARL may not be sold-transferred or conveyed for a period of 10 years except through hereditary succession or when sold, transferred, or conveyed to the Government or to the LBP or to other qualified beneficiaries for a period of 10 years.
the title issued to the tenant upon compliance with all The requirements of the government. It represents the full emancipation of the tenant from the bondage of the soil.
Emancipation Patent
Purpose of Prohibition against Alienation
- ___ the ___ in the hands of the ___-___ and ___ ___;
- ___ ___ ___; and,
- ___ a ___ to the ___ of ___ ___ by a ___.
- Preserve the landholding in the hands of the owner-tiller and his heirs;
- Minimize land speculation; and,
- Preventing a return to the regime of land ownership by a few.
Lands Not Covered
- Lands ___ through ___ ___;
- ___ ___; and,
- ___, ___ and ___ ___ ___
Lands Not Covered
- Lands obtained through homestead patent;
- Residential subdivisions; and,
- Livestock, poultry and swine raising lands
BOOK ONE
PRE-EMPLOYMENT
Article 12: POLICY OF THE STATE