LAST MINUTE TIPS

Labor Law
Supervised by: Judge Joeven Dellosa

Lasallian Commission on Bar Operations 2021

 LAST MINUTE TIPS
BASIC PRINCIPLES

Q: What is the state policy towards labor? corporate officer, that the issue may be considered an
All Filipino workers, whether employed locally or intra-corporate dispute and hence, cognizable by the
overseas, enjoy the protective mantle of Philippine regular courts and NOT the labor courts.
labor and social legislation, contract stipulations to the
contrary notwithstanding. This pronouncement is in Q: What is tripartism?
keeping with the basic policy of the State to afford full Tripartism is representation of the three sectors - the
protection to labor, promote full employment, ensure public or the government, the employers, and the
equal work opportunities regardless of sex, race or workers - in policy making-bodies of the government.
creed, and regulate the relations between workers and (Azucena) Tripartism in labor relations is hereby
employers. (Royal Crown Internationale vs. NLRC and declared a State policy. Towards this end, workers and
Nacionales, 1989) employers shall, as far as practicable, be represented
in decision and policy-making bodies of the
Q: How is labor law construed? government. (Art 290, LC)
The Supreme Court states that, “when the evidence of
the employer and the employee are in equipoise,
doubts are resolved in favor of labor. This is in line with
the policy of the State to afford greater protection to
labor. (Hubilla et. al vs. HSY Marketing LTD., Co.,
2018)

Q: Are contracts of labor subject to the police power

of the state?
Under the Civil Code, labor contracts are explicitly
subject to the police power of the state because they
are not ordinary contracts but are impressed with
public interest. Article 1700 provides that the relations
between capital and labor are not merely contractual.
They are so impressed with public interest that labor
contracts must yield to the common good. Therefore,
such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts,
closed shop, wages, working conditions, hours of labor
and similar subjects. (Article 1700, New Civil Code)

Q: What is the distinction between corporate officer

and employee?
The president, vice-president, secretary and treasurer
are commonly regarded as the principal or executive
officers of a corporation, and modern corporation
statutes usually designate them as the officers of the
corporation. On the other hand, an “employee” usually
occupies no office and generally is employed not by
action of the directors or stockholders but by the
managing officer of the corporation. (Bienvenido
Ongkiko vs. National Labor Relations Commission and
Federico B. Guilas, G.R. No. 119877, March 31, 1997)
As regards termination of an employee who is a
corporate officer, or vice-versa: It is only when the
dismissed employee is actually classified as a
 LAST MINUTE TIPS
EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP
Q: What is the control test in determining the 5. The amount of initiative, skill, judgment or
existence of an employer-employee? foresight required for the success of the claimed
The control test was described by the Court in Sonza independent enterprise;
v. ABS-CBN as the fourth and most important element 6. The permanency and duration of the relationship
in the four-fold test to determine the employer- between the worker and the employer; and
employee relationship. Under this test, an employer- 7. The degree of dependency of the worker upon the
employee relationship exists where the person for employer for his continued employment in that
whom the services are performed reserves the right to line of business. (Francisco v. NLRC, G.R. No.
control not only the end achieved, but also the manner 170087, 2006)
and means to be used in reaching that end. (Century
Properties, Inc. v. Babiano, G.R. No. 220978, July 5,
2016)

HOWEVER: Not every form of control that a hiring

party imposes on the hired party is indicative of
employee-employer relationship. Rules and
regulations that merely serve as guidelines
towards the achievement of a mutually desired result
without dictating the means and methods of
accomplishing it do not establish employer-
employee relationship. (Royale Homes Marketing
Corp v. Alcantara, G.R. No. 195190, 2014)

NOTE: There is a secondary test - The Economic

Reality/Dependence Test

Existing economic conditions between the parties are

used to determine whether employer-employee
relations exist. This is resorted to when there is serious
doubt as to the relationship of the employee with the
employer. (Francisco v. NLRC, G.R. 170087, 2006)

The standard of “economic dependence” of the

employee is whether the worker is dependent on the
alleged employer for his continued employment in that
line of business. (Orozco v. CA, G.R. No. 155207,
2008)

Thus, the determination of the relationship between

employer and employee depends upon the
circumstances of the whole economic activity, such as:
1. The extent to which the services performed are
an integral part of the employer’s business;
2. The extent of the worker’s investment in
equipment and facilities;
3. The nature and degree of control exercised by the
employer;
4. The worker’s opportunity for profit and loss;
 LAST MINUTE TIPS
TERMINATION OF EMPLOYMENT

Q: What are the two types of employment termination union official or lawyer, gather data and evidence,
in the Philippines? and decide on the defenses they will raise against
There are two types of employment termination in the the complaint.
Philippines: 2. A hearing or conference during which the
1. termination by employer based on just or employee concerned, with the assistance of
authorized causes; and counsel if he so desires, is given the opportunity
2. voluntary resignation or termination by to respond to the charge, present his evidence, or
employee. rebut the evidence presented against him.
3. A written notice of termination served on the
Q: Are employees who voluntarily resign from work employee, indicating that upon due consideration
entitled to separation pay? of all the circumstances, grounds have been
Generally, employees who resign from work are not established to justify his termination. (King of
entitled to separation pay. Philippine laws only grant Kings Transport, Inc. v. Santiago O. Mamac, G.R.
separation pay to those who were dismissed from No. 166208, [June 29, 2007])
service not due to their own fault or negligence but for
reasons that are beyond their control, i.e. business Q: What is constructive dismissal?
closure, cessation of operation, retrenchment Constructive dismissal refers to an involuntary
(reduction of costs) to prevent losses, etc. resignation resorted to when continued employment
becomes impossible, unreasonable or unlikely, when
However, an employee who resign may be entitled to there is a demotion in rank or a diminution in pay or
separation pay when: when a clear discrimination, insensibility or disdain by
1. When payment of separation pay is provided an employer becomes unbearable to an employee or
in the employment contract or Collective an unwarranted transfer or demotion of an employee,
Bargaining Agreement; or other unjustified action prejudicial to the employee.
2. When it is authorized by established company (Blue Dairy Corp v. NLRC, 314 SCRA 401)
practice or policy.
Q: Company A and the Union entered into a CBA
Q: What is the due process requirement in which provided for a maintenance of membership
termination of employment on authorized causes? shop. The new officers of the union conducted an
Dismissals due to authorized causes require notice to audit of the Union funds where they discovered some
both the Department of Labor and Employment, and irregularly recorded entries. Some members of the
the employee/s at least 30 days before the intended union were asked to explain their side in a meeting.
date of termination. If no notice is given to the They were still expelled from the Union for disloyalty.
employee, then the employer is liable to pay nominal The Union invoked the Union Security Clause of the
damages. CBA and demanded Company A to dismiss the
officers in view of their expulsion from the Union. The
Q: What is the due process requirement in dismissals company acceded to the demand of the union. Were
based on just causes? the former officers illegally dismissed?
For termination of employment based on just causes NO. The officers were not illegally dismissed. In
as defined in Article 282 of the Code: terminating the employment of an employee by
enforcing the union security clause, the employer
1. A written notice served on the employee needs only to determine and prove that: (1) the union
specifying the ground or grounds for termination, security clause is applicable; (2) the union is
and giving said employee a reasonable requesting for the enforcement of the union security
opportunity within which to explain his side. provision in the CBA; and (3) there is sufficient
"Reasonable opportunity" means a period of at evidence to support the union’s decision to expel the
least five (5) calendar days from receipt of the employee from the union. In this case, they were
notice to give the employees an opportunity to expelled after due investigation for acts of dishonesty
study the accusation against them, consult a and malversation of Union funds. (Alabang Country
 LAST MINUTE TIPS

Club, Inc. v. National Labor Relations Commission,

G.R. No. 170287, [Feb 14, 2008])

Q: What is the liability of the employer if he fails to

observe due process, or conduct its own
investigation prior to the termination of the
employees based on the application of the union
security clause?
If the employer acted in bad faith in terminating the
employee, the employer will be held liable for back
wages. Thus, it is imperative for the employer to
conduct a separate and independent investigation to
inquire into the cause of the expulsion and whether or
not the employer had sufficient grounds to effect the
removal of the members from the union. (Abbott
Laboratories v. Alcaraz, G.R. No. 192571, [July 23,
2013]); (Malayang Samahan ng mga Manggagawa sa
M. Greenfield, Inc. v. M. Greenfield, Inc., G.R. No.
113907, [February 28, 2000])

Q: What is the 3-fold liability rule in sexual

harassment cases?
Sexual harassment engenders three-fold liability:
criminal, to address the wrong committed against
society itself; civil, to address the private wrong against
the offended party; and administrative, to protect the
public service. (Escandor v. People, G.R. No. 211962,
[July 6, 2020])
 LAST MINUTE TIPS
REQUISITES FOR VALID LABOR ONLY CONTRACTING

Q: What is labor only contracting? 4. The Service Agreement ensures compliance

Labor-only contracting, which is totally prohibited, with all the rights and benefits for all the
refers to an arrangement where: employees of the contractor or subcontractor
• The contractor or subtractor does not have under the labor laws.
substantial capital, or the contractor or
subcontractor does not have investment in the
form of tools, equipment, machineries,
supervision, work premises among others and
the contractors or subcontractors employees
recruited and placed are performing activities
which are directly related to the main business
operation of the principal; OR
• The contractor or subcontractor does not
exercise the right to control over the
performance of the work of the employee. (DO
174-17 Sec 5)

Q: Is “Labor Only Contracting” always considered

unfair labor practice?
NO. The prohibited acts constituting unfair labor
practices relate to workers’ rights to self-organization.
Without such an element, the act, even if unfair, are
not unfair labor practices. (Cagayan Electric Power
and Light Company and CEPALCO Energy Services
Corporation v. CEPALCO Labor Union Associated,
G.R. No. 211015, June 20, 2016)

Q: What are the requirements for a valid job

contracting?
DOLE 174-17, Sec. 8 provides that notwithstanding
Sections 5 and 8 hereof, contracting or subcontracting
shall only be allowed if all of the following
circumstances concur:
1. The contractor or subcontractor is engaged in a
distinct and independent business and
undertakes to perform the job or work on its own
responsibility, according to its own manner and
method;
2. The contractor or subcontractor has substantial
capital to carry out the job farmed out by the
principal on his account, manner and method,
investment in the form of tools, equipment,
machinery and supervision;
3. In performing the work farmed out, the contractor
or subcontractor is free from the control and/or
direction of the principal in all matters connected
with the performance of the work except as to the
result thereto; and
 LAST MINUTE TIPS
RIGHTS OF EMPLOYEE AND OF LABOR ORGANIZATIONS
Q: What is the right to self-organization? outside the bargaining unit shall not be a ground to
The right to self-organization includes the right to form, cancel the union registration. The ineligible employees
join or assist labor organizations for the purpose of are automatically deemed removed from the list of
collective bargaining through representatives of their membership of the union. [Coca Cola Femsa
own choosing and to engage in lawful concerted Philippines, Inc v Central Luzon Regional Sales
activities for the same purpose for their mutual aid and Executive Union of Coca-Cola San Fernando (FDO)
protection. Both private and public sector employees Plant (2020)]
have the right to self-organize, but government
employees can only negotiate terms and conditions Q: May the rank-and-file union and supervisor’s union
not fixed by law. (Confederation for Unity, Recognition operating within the same establishment join the
and Advancement of Government Employee v. same federation or national union?
Florencio B. Abad, G.R. No. 200418, [November 10, Yes, the rank-and-file union and supervisor's union
2020]). operating within the same establishment may join the
same federation or national union (Art. 255, LC).
Q: What is the confidential employee rule?
Confidential employees may NOT form, join, or assist Q: What are the rights of legitimate labor
any labor organization when the following requisites organizations?
are present: 1. To act as the representative of its members for
1. They assist/act in a confidential capacity in collective bargaining
relation to a managerial employee; 2. To be certified as the exclusive representative of
2. The managerial employee formulates, all the employees in an appropriate bargaining
determines, and effectuates management unit
policies in the field of labor relations; 3. To be furnished by the employer with annual
3. The confidential employee has necessary audited financial statements within thirty (30)
access to confidential labor relations calendar days from the date of receipt of the
information. request if the union has been recognized as the
sole and exclusive bargaining representative; or
Thus, they are ineligible to join any labor organization within sixty (60) calendar days before the
because in the normal course of their duties, they expiration of the existing collective bargaining
become aware of management policies relating to agreement
labor relations. (Tunay na Pagkakaisa ng 4. To own property for the use and benefit of the
Manggagawa sa Asia Brewery v. Asia Brewery, Inc., labor organization and its members
GR No. 116194, Feb 2, 2000) 5. To sue and be sued in its registered name
6. To undertake all other activities designed to
Q: What is the effect of inclusion of employees benefit the organization and its members
outside the bargaining unit in the roster of 7. To collect reasonable amounts of membership
membership of the union? fees, union dues, assessments, fines,
The inclusion as union members of employees outside contributions for labor education and research,
the bargaining unit or commingling shall not be a mutual death and hospitalization benefits, welfare
ground for the cancellation of the registration of the fund, strike fund and credit and cooperative
union. Said employees are automatically deemed undertakings; and agency fees
removed from the list of membership of said union (Art.
256, LC).

Thus, if there are any managerial employees who are

union members, they are automatically removed from
the union membership, and the Union continues to be
registered because as provided by the law the
inclusion as union members of employees who are
 LAST MINUTE TIPS

Q: How can a legitimate labor organization become Election officer and/or affirmed by the
the Exclusive Bargaining Agent/Representative? Mediator-Arbiter.

The following are the methods of determining the Q: What is the nature of the relationship between a
exclusive bargaining representative: member and a labor union; and the relationship
1. Sole and Exclusive Bargaining Agent between the federation and the affiliate union?
Certification – When there is only one (1) The relationship between the union and the members
legitimate labor organization operating in an is that of a principal and agent – the union is the agent
unorganized establishment, such legitimate labor of the members who are considered the principal.
organization may file a request for SEBA Similarly, a federation/national union is a mere agent
Certification provided that the request is of the local union which is the principal. The local union
supported by the majority of the employees in the remains to be the basic unit of the association free to
bargaining unit. serve the common interest of all its members subject
only to the restraints imposed by the constitution and
SEBA Certification is proper only when: by-laws of the association.
1. The establishment is unorganized
2. There is only one legitimate labor Q: What is the substitutionary doctrine?
organization operating in that bargaining Employees cannot revoke a validly executed collective
unit; and bargaining contract with their employer by simply
3. The application is supported by the changing their bargaining agent. However, they can
majority of the employees in the renegotiate, through their new bargaining agent, with
bargaining unit. the management to shorten the period of the previous
CBA or enter into a new contract. (Benguet
2. Certification Election – The process of Consolidated v. BCI Employees, G.R. No. L-24711,
determining through secret ballot the sole and April 30, 1968)
exclusive bargaining agent of the employees in
an appropriate bargaining unit, for purposes of A CBA entered into at a time when the petition for
collective bargaining certification election had already been filed by a
challenger and was then pending resolution cannot be
3. Consent Election – An election that is voluntarily deemed permanent, precluding the commencement of
agreed upon by the parties negotiations by another union with the management.
This interim agreement must be recognized and given
4. Run-off Election – An election between the 2 effect on a temporary basis so as not to deprive the
labor unions receiving the highest number of workers of the favorable terms of the agreement. If, as
votes in a certification or consent election which a result of the certification election, a union other than
provided for 3 or more choices, and none of the the union which executed the interim agreement is
choices obtained a majority of the valid votes certified as the exclusive bargaining representative,
cast; provided that the total number of votes for such union may adopt the interim collective bargaining
all contending unions is at least 50% of the agreement or negotiate with management for a new
number of votes cast. collective bargaining agreement. (SONEDCO Workers
Free Labor Union v. URC, October 5, 2016)
5. Re-run Election – An election conducted to:
Q: What is the Reasonable Tendency Rule?
The test of whether an employer has interfered with
a. Break a tie between contending unions,
and coerced employees in the exercise of their right to
including between “no union” and one of
self–organization is whether the employer has
the unions, or
engaged in conduct which, it may reasonably be said,
b. An election conducted after a failure of
tends to interfere with the free exercise of employees’
election has been declared by the
rights; and that it is not necessary that there be direct
 LAST MINUTE TIPS

evidence that any employee was in fact intimidated or 3. Individual written authorization for check-off
coerced by statements of threats of the employer if signed by employee
there is a reasonable inference that the anti–union
conduct of the employer have an adverse effect on Q: Is substantial compliance with the requisites of a
self–organization and collective bargaining. (T&H special assessment enough?
Shopfitters Corporation/Gin Queen Corporation, et al No. Substantial compliance of the requirements
v. T&H Shopfitters Corporation/Gin Queen Workers is not enough in view of the fact that the special
Union, G.R. No. 191714, Feb. 26, 2014) assessment will diminish the compensation of
union members. (Palacol v. Ferrer-Calleja, G.R.
Q: What is the Totality of Conduct Test? No. 85333, Feb. 26, 1990)
The “totality of conduct doctrine” means that
expressions of opinion by an employer which, though Q: What jurisdictional pre-conditions must be present
innocent in themselves, frequently were held to be to set in motion the mechanics of a collective
culpable because of the circumstances under which bargaining (Kiok Loy Doctrine)?
they were uttered, the history of the particular To set in motion the mechanics of collective
employer's labor relations or anti-union bias or bargaining, these jurisdictional pre-conditions must
because of their connection with an established be present:
collateral plan of coercion or interference. (Insular Life 1. The employees in a bargaining unit should
Assurance Co. v. Insular Life Assurance Co., G.R. No. form a labor organization
L-25291, Jan 30, 1971) 2. The labor organization should be a legitimate
labor organization
Q: What are special assessments? 3. As such legitimate labor organization, it
Special assessments are payments for a special should be recognized or certified as the
purpose, especially if required only for a limited time collective bargaining representative of the
such as negotiation fees, attorney’s fees, or any other employees of the bargaining unit
extraordinary fees. (Azucena) 4. The labor organization as the collective
bargaining representative should request the
Q: What are the requirements for a valid special employer to bargain collectively.
assessment?
The following requisites must concur in order for union Q: What is the automatic renewal clause of collective
dues and special assessments for the union’s bargaining agreements?
incidental expenses, attorney’s fees and The automatic renewal clause of Collective Bargaining
representation expenses to be valid, namely: Agreements means that although a CBA has expired,
a. Authorization by a written resolution of the it continues to have legal effects as between the
majority of all the members at a general parties until a new CBA has been entered into (Pier 8
membership meeting duly called for the Arrastre & Stevedoring Services, Inc. v. Roldan-
purpose; Confessor, G.R. No. 110854, February 13, 1995).
b. Secretary’s record of the minutes of said
meeting; AND This is so because the law makes it a duty of the
c. Individual written authorizations for check-off parties to keep the status quo and to continue in full
duly signed by the employees concerned. effect the terms and conditions of the existing
agreement until a new agreement is reached by the
Q: What requisites must a Union comply with before parties. (Art. 264, LC)
it can validly impose special assessments against its
members for incidental expenses, attorney's fees,
representation expenses and the like?
1. Authorization by written resolution of general
membership at a general membership meeting
2. Secretary's record of the minutes
 LAST MINUTE TIPS

MANAGEMENT PREROGATIVES ILLEGAL RECRUITMENT

Q: Which takes precedence in conflicts arising
between employer’s management prerogative and the Q: What are the 2 kinds of illegal recruitment under
employee’s right to security of tenure? Why? RA 8042 as amended by RA 10022?
The employee's right to security of tenure takes 1. Illegal Recruitment committed by a non-licensee
precedence over the employer's management or non-holder of an authority
prerogative. Thus, an employer's management 2. Illegal Recruitment committed regardless of
prerogative includes the right to terminate the services whether a holder of license/authority or not
of an employee but this management prerogative is
limited by the Labor Code which provides that the Q: What is the distinction between a “license” of
employer can terminate an employee only for a just overseas employment and “authority” overseas
cause or when authorized by law. This limitation on employment?
management prerogative is because no less than the License refers to the document issued by the DOLE
Constitution recognizes and guarantees an Secretary authorizing a person, partnership or
employee’s right to security of tenure. (Art. 279 [now corporation to operate a private recruitment or
294], Labor Code; Sec. 3, Art. XIII, 1987 Constitution) manning agency; while authority refers to the
document issued by the DOLE Secretary authorizing
Q: What is the Bona fide occupational qualification the officers, personnel, agents or representatives of a
rule? licensed recruitment or manning agency to conduct
Employment in particular jobs may not be limited to recruitment and placement activities in a place stated
persons of a particular sex, religion, or national origin in the license or in a specified place.
unless the employer can show that sex, religion, or
national origin is an actual qualification for performing Q: What is illegal recruitment?
the job. The qualification is called a bona fide Illegal Recruitment shall mean any act of canvassing,
occupational qualification (BFOQ). (Armando enlisting, contracting, transporting, utilizing, hiring, or
Yrasuegui v. PAL, G.R. No. 168081, Oct. 17, 2008) procuring workers and includes referring, contract
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by
non-licensee or non-holder of authority. Likewise,
illegal recruitment may be committed by any person
regardless of whether a holder of a license/authority,
who commits any of the following acts.

Q: When is illegal recruitment considered economic

sabotage?
Under Article 38 of the Labor Code, illegal recruitment
is an offense involving economic sabotage when it is
committed by a syndicate, or in large scale A large
scale illegal recruitment is carried out by three or more
conspiring persons; while a syndicate illegal
recruitment is committed against three or more
persons individually or as a group
Q: Does the filing of illegal recruitment bar the filing
of estafa?
 LAST MINUTE TIPS

NO, Illegal recruitment and estafa are entirely different

offenses and neither one necessarily includes or is
necessarily included in the other. A person who is
convicted of illegal recruitment may, in addition, be
convicted of estafa by false pretenses or fraudulent
acts under Article 315, paragraph 2(a) of the Revised
Penal Code. In the same manner, a person acquitted
of illegal recruitment may be held liable for estafa.
Q: Does the conviction for illegal recruitment bar the
conviction for estafa?
NO, Conviction for offenses under the Labor Code
does not bar conviction for offenses punishable by
other laws. Conversely, conviction for estafa under
par. 2(a) of Art. 315 of the Revised Penal Code does
not bar a conviction for illegal recruitment under the
Labor Code. It follows that one's acquittal of the crime
of estafa will not necessarily result in his acquittal of
the crime of illegal recruitment in large scale, and vice
versa. (People v. Ochoa, 2011; People v. Ocden 2011)
Q: To whom does the burden of proof belong to the
employees' claim for disability compensation?
Illnesses not listed in Section 32 under 2000 POEA-
SEC are disputably presumed as work related. This
presumption is overturned ONLY WHEN the
employer’s refutation is found to be supported by
substantial evidence. In this regard, the seafarer,
therefore, addresses the refutation of the employer
against the work- relatedness of his illness and, at the
same time, discharges his burden of proving
compliance with certain conditions of compensability.
(Romana v. Magsaysay, G.R. No. 192442, 2017)
 LAST MINUTE TIPS
REMEDIES (LABOR STANDARDS VIOLATIONS)
Q: The Regional Director of DOLE conducted an Q: What is the remedy to reverse or modify a
inspection of Company A and found labor standards Voluntary Arbitrator’s decision?
violations. In his order, he merely noted the violations The party adversely affected by the decision of the
and did not make any finding as to the employer- Voluntary Arbitrator must file a motion for
employee relationship. Thus, DOLE has jurisdiction reconsideration of the adverse award within 10 days
to enforce compliance of the order. Does the DOLE from receipt of the decision (Teng v. Pahagac, G.R.
have jurisdiction to enforce compliance with the No. 169704, [November 17, 2010], 649 PHIL 460-
order of the Regional Director? 477). Only after the resolution of the Motion for
NO, the DOLE does not have jurisdiction to direct Reconsideration may a party file a Petition for Review
compliance with the violations of labor standards under Rule 43 of the Rules of Court with the Court of
because the employer-employee relationship was not Appeals within 15 days from receipt of the resolution
substantially proven. The existence of an employer- of the motion for reconsideration. (Guagua National
employee relationship between the parties is Colleges v Court of Appeals, GR 188492 [August 28,
indispensable to the DOLE’s exercise of visitorial and 2018])
enforcement powers. If the Regional Director’s Order
merely noted the discovery of violations of labor Q: Are the judgments/award of the voluntary
standards provisions in the course of inspection, arbitrator subject to judicial review despite
without making any categorical determination on the agreement of the parties to the contrary?
existence of an employer-employee relationship, and YES. In view of the nature of their functions, voluntary
without making reference to any concrete evidence to arbitrators act in a quasi-judicial capacity; hence, their
support a finding of an employer-employee judgments or final orders which are declared final by
relationship, the DOLE does not have jurisdiction law are not so exempt from judicial review when so
to direct compliance with the violations of labor warranted. Any agreement stipulating that 'the
standards. There must be substantial evidence, such decision of the arbitrator shall be final and
as proofs of employment, clear exercise of control, and unappealable' and 'that no further judicial recourse if
the power to dismiss. The workers’ allegations are either party disagrees with the whole or any part of the
inadequate to justify their status as employees. (South arbitrator's award may be availed of' cannot be held to
Cotabato Communications Corp. v. Sto. Tomas, G.R. preclude in proper cases the power of judicial review
No. 217575, [June 15, 2016]) which is inherent in courts. (Coca-Cola Femsa
Philippines, Inc. v. Bacolod Sales Force Union-
Q: Andag worked as the Second Mate on the tugboat Congress of Independent Organization-ALU, G.R. No.
owned by DMC. In 2013, the tugboat was towing an 220605, [September 21, 2016])
overloaded vessel when Reynaldo was hit by a
recoiling rope, causing him to be thrown towards the
ships’ iron bars, which resulted in his untimely
demise. The Heirs of Andag filed a claim for damages.
However, the Labor Arbiter denied the monetary
claim of the heirs of Andag. Does the NLRC have
jurisdiction over the case?
NO. The NLRC does not have jurisdiction as the claim
is based on torts. The case is one for quasi-delict and
not a labor standards issue when the claim is
specifically grounded on the employer’s negligence to
provide a safe, healthy and workable environment for
its employees, as in this case. (Heirs of Andag v. DMC
Construction Equipment Resources, Inc., G.R. No.
244361 (Resolution), [July 13, 2020])