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COLLEGE OF LAW
Tarlac City
MOCKBAR EXAMINATION
IN
LABOR LAW
INSTRUCTIONS:
(a) Explain the Principle of Participation in Sec. 3, Art. XIII of the 1987
Constitution. (3%)
(c) Are the labor principles in Sec. 3 Art. XIII of the 1987 Constitution,
including the Full Protection Clause, self-executing? (5%)
II
The City of Dreams, a casino owned by Lawrence Ho, paid millions to its
Filipino Pit Managers and Pit Supervisors for them to relinquish their positions.
Thereafter, it hired Chinese nationals to take their places. To upstage the
senatorial candidates of the administration, independent candidate Atty.
Nag-Adon questioned the engagement of said aliens; however, beyond his
expletives on TV, he could hardly cite a law to support his view on the matter.
(a) Which law, if any, was violated by the City of Dreams? (2%)
(b) What are the conditions under which aliens may be employed on
Philippine soil? (3%)
(c) Assuming the employment of said aliens is valid, are they required
to train Filipino understudies as a condition for continuing employment? (5%)
III
(a) Enumerate five (5) acts of recruitment under Art. 13(b) of the Labor
Code. (5%)
IV
Nilo is a P.E. instructor at the University of Life. Kitty, 17 years old, was in
his swimming class. On one session, after the other students had left the pool,
Nilo followed Kitty inside the shower area and asked her to show him her injured
leg. On that occasion, he told her to shave because her pubic hair was
protruding. Being submissive, she allowed him to do the shaving upon his
request. When the school learned of his act, it served him a notice to explain
why he should not be dismissed on the ground of sexual harassment. You are
the Head of the Committee on Decorum and Investigation (CODI).
(c) If neither Nilo nor Kitty would answer your questions, would you
convince your co-members to make a finding of sexual harassment based on
above circumstances? Explain. (6%)
Distinguish:
VI
Explain your choice (4 %) and explain also why you did not choose any
of the three (3) other items. (6 %)
VII
(a) Is the deduction of 7.5 days from the 22.5 days lawful? Discuss. (5%)
(b) Would your answer be the same if Joel were an unlettered
janitor? (5%)
VIII
Miss Francisco, the Club Accountant of the Orchard Golf and Country
Club, sued the latter for constructive dismissal based on the following events
that transpired on different dates in 2018: she was instructed by her superior to
prepare a letter for SGV; she failed to, reason she was notified to explain; for
her insubordination, she was suspended for 15 days; after serving her
suspension, she was demoted to handle the Cost Accounting Section, albeit
she continued to be paid the same salary; then again, she was investigated
for alleged unauthorized absence. At that point, she filed her complaint for
constructive dismissal.
(a) As lawyer for the Club, what defense/s would you raise to frustrate
the complaint? (4%)
(b) As Labor Arbiter, how would you resolve the issue of whether or
not Francisco was constructively dismissed? Discuss (6%)
IX
During his minority, Kidlat was adopted by Buwan. Three months later,
the latter died. Thirty years later, after resigning from NLRC, he joined the
Mercury Drug Store which reported him for SSS coverage in three days. Three
years later, he died single and without issue of depression owing to the
malicious uploading of his private video which became a big issue on social
media. Following his death, his natural mother Bituin filed her application for
death benefits; however, it was denied by the SSS owing to the prior adoption
of Kidlat by Buwan. It ruled that Bituin was not Kidlat’s beneficiary.
(a) What are the characteristics of Philippine social security law? (4%)