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- promotion of the welfare of the ppl, the adoption by the Govt of measures calculated

to insure economic stability of all the component elements of society through the

maintenance of proper economic & social equilibrium in the interrelations of the

members of the community, constitutionally, through the adoption of measures legally

justifiable, or extra-constitutionally, through the exercise of powers underlying theexistence of all govts.

1987 Consti: protects the rights of workers & promote their welfare

Basic rights of workers guaranteed by the Constitution

1. to organize themselves

2. to conduct collective bargaining/negotiation w/ mgt;

3. to engage in peaceful concerted activities, including to strike in accordance w/ law;

and

4. to participate in policy & decision-making processes affecting rights & benefits

Other Consti provisions that protect the Rs/promote the welfare of workers

-org even for govt EES.. No officer/Ee of the Civil Service shall be

use. Temporary EES of the Govt shall be given such

protection as may be provided by law

Landless farmworkers may be resettled by the govt in its own agri estates.

Continuing program of urban land reform & housing

gency to promote the viability & growth of cooperatives as instruments for social

justice & economic devt

nefits, OR

may be considered for reemployment in the govt

Constiprol-labor, but recognizes the indispensable role of the private sector,

encourages private enterprise and provides incentives to needed investmentsPolice Power as the Basis

- the power of the govt to enact laws, w/in Constitutional limits to promote the order,

safety, health, morals & general welfare of society

- power inherent in govt to protect itself & all its constituents, & for this purpose to hold

the govt immune so far as necessary, from any limitatins imposed in the past.

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- An imposition of restraint upon liberty or property in order to foster the common

good.

Birth of the LC

Blas Ople - father of the LCLCdesigned to be a dynamic & growing body of laws w/c will reflect continually the

lessons of practical application & experience

7 Principles Underlying the code

1. Labor relations must be made both responsive & responsible to national devt

2. Labor laws/labor relations during a period of national emergency must substitute

arbitration

3. Laggard justice in the labor field is injurious to the workers, the EERS & the public;

labor justice can be made expeditious w/o sacrificing due process.

4. Manpower devt & EENT must be regarded as a major dimension of labor policy, for

there can be no real equality of bargaining power under conditions of severe mass

unemployment.

5. There is a global labor market available to qualified Filipinos, esp those who are

unemployed or whose EENT is tantamount to unemployment bcoz of their very little

earnings.

6. Labor laws must command adequate resources & acquire a capable machinery for

effective & sustained implementation; when labor laws cannot be enforced, both EERS

& the workers are penalized, & only a corrupt few (those who are in charge ofimplementation) may get the reward they dont deserve.

7. There shld be popular participation in national policy-making through what is now

called tripartism.

Some Labor Laws before the Passage of the Code

-cash form

071: prohibiting slavery/involuntary servitude

-hr labor law

isputes bet EERS & EES

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1. R to manage, control, and use his property & conduct business in a manner

satisfactory to himself (just discrimination in the rate of wages paid to the skillful & to

the unskillful, to the efficient & inefficient.)

2. R to prescribe rules (they become part of the contract of EENT)

3. R to select EES & to decide when to engage them, except as restricted by statute orvalid contract, at a wage & under conditions agreeable to them.

4. R to transfer & discharge EES in order to minimize expenses & to insure stability of

the business & even to close the business, provided it is done in good faith & due to

causes beyond control.

Art 5. [Rules & Regulations] the DOLE & other govt agencies charged w/ the

administration & enforcement of this Code or any of its parts shall promulgate the

necessary IRRs. Such RRs shall become effective 15 days after announcement of their

adoption in the newspapers of gen. circulation.

Art 6. [Applicability] All Rs & benefits granted to workers under this Code shall, except

as may otherwise be provided herein, apply alike to all workers, whether agricultural or

non-agricultural.

- also applies to a govt corp incorporated under the Corporation Code.

- Test WON a govt-owned/-controlled corp is subj to CS Law is the manner of its

creation. Govt corps created by special charter are subj to its provisions, while those

incorporated under the gen Corp Law are not w/in the coverage of the CS law.

-EDC

Ees covered by CS Law

CH. 2: EMANCIPATION OF TENANTS

Art 7 [Statement of Objectives] it has become imperative to start reformation w/ the

emancipation of the tiller of the soil from his bondage.

Art 8: [Transfer of Lands to Tenant-workers] tenant-farmers on private agri lands

primarily devoted to rice & corn under a sys of share crop or lease tenancy whether

classified as landed estate or not shall be deemed owner of apportion constituting afamily-size farm of 5 hectares if not irrigated & 3 hectares if irrigated..

In all cases, the landowners may retain an area of not more than 7 hectares if such

landowner is cultivating such area or will now cultivate it.

Art 9. [Determination of Land Value] For the purpose of determining the cost of the

land to be transferred to the tentant-farmer, the value of the land shall be equivalent to

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2 & times the average harvest of 3 normal crop yrs immediately preceding the

promulgation of PD 27 (OCT 21, 1972).

The total cost of the land, including interest at the rate of 6% per annum, shall be pd

by the tenant in 15 yrs of 15 equal annual amortizations.

In case of default, the amortizations due shall be pd by the farmers cooperative in w/cthe defaulting tenant-farmer is a member, w/ the coop having a right of recourse

against him.

The govt shall guarantee such amortizations w/ shares of stock in govt-owned & -

controlled corps.

Art 10. [Conditions of Ownership] No title to the land acquired by the tenant-farmer

under PD 27 shall be actually issued to him unless & until he has become a full-fledged

member of a duly recognized farmers coop.

Title to the land acquired pursuant to PD 27 or the Land Reform Program of the Govt

shall not be transferable except by hereditary succession or to the Govt in accdance w/

the provisions of PD 27, the Code of Agrarian Reforms & other existing laws &

regulations.

Art 11. [Implementing Agency] The Dept of Agrarian Reform shall promulgate the

necessary rules & regulations to implement the provisions of this Chapter.

*Land for the landlessbattlecry dramatizing the increasingly urgent demand of the

dispossessed for a plot of earth as their place under the sun.

*CARP Lawsigned by Cory, declaring full land ownership in favor of the beneficiaries

of the PD 27.

Share tenancyabolished, put the agricultural leasehold sys in its stead, geared

towards eventual ownership of land by its tillersConsti - State shall undertake an Agrarian Reform Program, and encourage & undertake

the just distribution of all agri lands, subj to such priorities & reasonable retention limits

as the Congress may prescribe,

Compensation scheme: Sec 18 of CARP: Title to all expropriated properties shall be

transferred to the State only upon full payment of compensation of their respective

owners.

Retention Limits

own/retain directly/indirectly, any public/private agri land, the size of w/c shall vary

accdg to factors governing a viable family-sized farm, such as commodity produced,terrain, infrastructure, & soil fertility as determined by the Presidential Agrarian Reform

Council (PARC).

3 hectaresmay be awarded to each child of the landowner, subj to the ff

qualifications: (1.) he is at least 15 y/o, and (2) he is actually tilling the land or directly

managing the farm; Provided, that landowners whose lands have been covered b PD 27

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shall be allowed to keep the area originally retained by them thereunder; Provided

further, that orig homestead grantees or direct

compulsory heirs who still own the org homestead at the time of the approval of this

Act shall retain the same areas as long as the continue to cultivate said homestead.

Lands not covered1. Lands obtained through homestead patent:

Homestead Actgives a needy citizen a piece of land where he may build a modest

house for himself & family & plant what is necessary for subsistence & for the

satisfaction of lifes other needs.

- superior over the rights of tenants

2. Residential Subdivisionsnot considered agricultural. An agricultural leasehold

cannot be established on land w/c has ceased to be devoted to cultivation or farming

bcoz of its conversion into a residential subd.

3. Livestock, poultry & Swine raising lands: Sec 2 of RA 6657 w/c includes private agri

lands devoted to commercial livestock, poultry & swine raising in the definition of

commercial farms is invalid. They are covered by the agrarian reform prog of the

State.

The Greatest BlessingThe Worst Crime Frederick Taylor

- an increased output invariably gives more work to more men, & never in the history of

the world has it more than temporarily, and then for only a very short time, diminished

by the number of men at work in any trade

The Greatest Exploiter Blas Ople- unemployment is the greatest exploiter of labor. Mass unemployment tends to leave

the EER all-powerful and the worker defenseless

More Capital Means More Jobs Adam Smith

- 2 kinds of funds: (1) the Revenuew/c is over & above what is necessary for the

maintenance; and (2) the Stockw/c is over & above shat is necessary for the EENT of

their masters.

-

the revenue & stock of every country and cannot increase w/o it. The increase of

revenue & stock is the increase of national wealth.

An Exploited Class J. Reynato Puno

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- Overseas workers constitute an exploited class. Their unfortunate circumstance makes

them easy prey to avaricious EERs. They will work under subhuman conditions & accept

salaries below the minimum.

9% of Filipinos are Based OverseasPh StarRA 6657 Comprehensive Agrarian Reform Program

Aim: A more equitable distribution & ownership of land, w/ due regard to the rights of

landowners to just compensation & to the ecological needs of the nation

Basis: the R of farmers & regular farm workers, who are landless, to own directly or

collectively the lands they till or, in the case of other farm workers, to receive a share of

the fruits thereof

The State:

- shall respect the R of small landowners & shall provide incentives for voluntary land-

sharing

- shall recognize the R of farmers, farm workers & landowners, as well as cooperatives

& other independent farmers org, to participate in the planning, org, & mgt of the

program & shall provide support to agriculture though tech & research & financial,

production, marketing & other support services

- may resettle landless farmers & farm workers in its own agricultural estates

- shall encourage the formation & maintenance of economic-sized family farms to be

constituted by indiv beneficiaries & small landowners

- shall protect the Rs of subsistence fishermen to the preferential use of communal

marine & fishing resources both inland & offshore

- shall provide support to such fishermen thru appropriate tech & research, adequatefinancial, production & marketing assistance

- shall protect offshore fishing grounds of subsistence fishermen against foreign

intrusion. Fisherworkers shall redeive a just share from their labor in the utilization of

marine & fishing resources

- owners of agri land have the oblig to cultivate directly or thru labor admin the lands

they own & thereby make the land productive.

- Shall provide incentives to landowners to invest the proceeds of the agrarian reform

prog to promote industrialization, EENT & privatization of pub sector enterprises

- May lease undeveloped lands of pub domain to qualified entities for the devt ofcapital-intensive farms, traditional & pioneering crops esp those for export (subj. to Rs

of beneficiaries)

Definitions

1. Agrarian Reformthe redistribution of lands, regardless of crops/fruits produced, to

farmers & regular farm workers who are landless, irrespective of tenurial arrangemt, to

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include the totality of factors & support services designed to lift the economic status of

the beneficiaries and all other arrangemts alternative to the physical redistribution of

lands (production or profit-sharing, labor admin, distribution of shares of stock)

2. Agriculture, Agricultural Enterprise or Agricultural Activitythe cultivation of the soil,

planting of crops, growing of fruit trees, incl. the harvesting of such farm products, &other farm activities

3. Agricultural landland devoted to agricultural activity, and NOT classified as

mineral, forest, residential, commercial or industrial land

4. Agrarian Disputeany controversy relating to tenurial arrangements, whether

leasehold, tenancy, stewardship or otherwise, over lands devoted to agri

- including disputes concerning farm workers assocs, or representation of persons in

negotiating, fixing, maintaining, changing or seeking to arrange terms of conditions of

such tenurial arrangements

- including controversy relating to compensation of lands acquired under this Act &

other terms & conditions of transfer of ownership from landowners to farm workers,

tenants & other agrarian reform beneficiaries

5. Idle / Abandoned Landany agricultural land not cultivated, tilled or developed to

produce any crop nor devoted to any specific economic purpose continuously for a

period of 3 yrs immediately prior to the receipt of notice of acquisition by the govt

- but does NOT include land that has become permanently or regularly devoted to non-

agricultural purposes

- does NOT include land w/c has become unproductive by reason of force majeure or F

event6. Farmera natural person whose primary livelihood is cultivation of land or the

production of agri crops either by himself, or primarily w/ the assistance

of his immediate farm household, whether the land is owned by him, or by another

person under a leasehold or tenancy agreement

7. Farmworkera netural person who renders service for value as an EE or laborer in

an agricultural enterprise or farm

8. Regular Farmworkera natural person who is employed on a permanent basis by an

agricultural enterprise or farm

9. Season Farmworkera natural person who is employed on a recurrent, periodic orintermittent basis by an agricultural enterprise or farm

h. Cooperativesorgs composed primarily of small agri producers, farmers,

farmworkers or other agrarian reform beneficiaries who voluntarily organize themselves

for the purpose of pooling land, human, technological, financial or other economic

resources & operated on the principle of one member, one vote. ( a juridical person

may be a member of a coop, w/ the same Rs & duties as a natural person.

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Scope: all public & private agricultural lands, incl. other lands of the pub domain

suitable for agriculture

1. All alienable & disposable lands of the pub domain devoted to or suitable for

agriculture

2. All lands of the pub domain in excess to the specific limits as determined by Congress3. All other lands owned by the Govt devoted to or suitable for agri

4. All private lands devoted to or suitable for agri regardless of the agri products

raised/can be raised thereon

Schedule of Implementation: w/in 10 yrs from effectivity

Retention Limits: no person may own or retain, directly, any pub or private agricultural

land, the size of w/c shall vary accdg to factors governing a viable family-sized farm

- landowner may retain only 5 hectares.

- 3 hectares: each child of landowner, that is 15y/o, and is actually tilling the land or

directly managing the farm

- landowners whose lands have been covered by PD 27 shall be allowed to keep the

area originally retained by them thereunder

- the original homestead grantees or direct compulsory heirs who still own the orig

homestead shall retain the same areas as long as they continue to cultivate said

homestead

-

case the area selected by landowner is tenanted, the tenant shall have the optionwhether to remain therein, be a beneficiary of the same, or another agri land w/

similar/comparable features; (b) in case the tenant chooses to remain in the retained

ares, he shall be considered a leaseholder & shall lose his R as a leaseholder to the land

retained by the landowner. The tenant must exercise this option w/in 1 yr fr the time

the landowner manifests his choice of the area for retention.

- Upon Acts effectivity, any sale, disposition, lease, mgt contract or transfer of position

of private lands executed by the orig landowner in violation of this Act shall be null &

void. Provided, that those executed prior to this Act shall be valid only when registered

w the Reg of Deeds w/in 3 months after effectivity.

Presidental Agrarian Reform Council (PARC)shall provide the implementing rules

- upon recommendation by the Provincial Agrarian Reform coordinating Committee,

may declare certain provinces/regions as priority land reform areas

Multinational Corpsall lands of the pub domain leased, held, or possessed by multi

corps or assocs, and other lands owned by the govt, or govt-owned/-controlled corps,

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assocs, institutions or entities, devoted to existing & operational agribusiness or agro-

industrial enterprises, operated by multicorps shall be programmed for acquisition &

distribution immediately upon effictivity

Ancestral Landsshall include, but not limited to, lands in the actual, continuous &

open possession & occupation of the community and its members, provided that theTorrens System shall be respected

- shall be protected to ensure their economic, social & cultural well-being

- in the autonomous regions, the respective legislature may enact their own laws on

ancestral domain subj to the provisions of the Consti, this Act and other national laws.

Exemptions & Exclusions

1. Lands actually, directly & exclusively used for parks, wildlife, forest reserves,

reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves

2. Private lands actually, directly & exclusively used for prawn farms & fishponds

(provided that said prawn farms & fishponds have not been distributed and Cert of

Land Ownership Award issued to ARP.

3. Lands actually, directly & exclusively used & found to be necessary for national

defense, school sites & campuses, incl experimental farm stations operated by

pub/private schools for educational purposes, seeds and seedlings research and pilot

production center, church sites & convents apputenat therety, mosque sites & Islamic

centers appurtenant thereto, communal burial grounds & cemeteries, penal colonies &

penal farms actually worked by inmates, got & private research & quarantine centers

Procedure for Acquisition of Private Lands

1. After having identified the land, the landowners & beneficiaries, DAR shall send its

notice to acquire the land to the owners;

2. w/in 30 days from date of receipt, landowners shall inform the DAR of his

acceptance/rejection of the offer;

a. if landowner accepts the offer, the LBP shall pay the landowner of the purchase price

of the land w/in 30 days after he executes & delivers a deed of transfer in favor of the

Govt and surrenders the Cert of Titleb. in case of rejection or failure to reply, DAR shall conduct summary admin

proceedings to determine compensation of the land

3. upon receipt of the landowner of the payment, or in case of rejection or no response

fr the landowner, upon the deposit w/ an accessible bank or

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the compensation, the DAR shall take immediate possession of the land & shall request

the Register of Deeds to issue a TCT in the name of the RP.

4. Any party who disagrees w/ the decision may bring the matter to the court

Determination of Just Compensation- cost of acquisition of the land

- current value of like properties,

- its nature, actual used and income

- the sworn valuation by the owner,

- tax declarations

- assessment made by the govt assessors

Incentives for voluntary offers of saleaddtl 5% cash

Priority of Qualified Beneficiaries

1. Agricultural lessees & share tenants

2. Regular farmworkers

3. Seasonal farmworkers

4. Other farm workers

5. Actual tillers/occupants of public lands

6. Collective or cooperatives of the above beneficiaries

7. Others directly working on the land

*Provided: children of landowners who are qualified shall be given preference in the

distribution of the land of their parents*Provided further: actual tenant-tillers in the landholding shall not be ejected/removed

therefrom.

Transferability of Acquired lands by beneficiariesmay not be sold, transferred or

qualified beneficiaries for 10 yrs

*Provided, that the children/spouse of the transferor shall have a R to repurchase the

land fr the govt/LBP w/in 2 yrs

Standing crops at the time of acquisitionshall be retained by the landowner, Dar shall

give a reasonable time to harvest the sameCorporate Farms

- in case land cannot be divided directly, shall be owned collectively by the worker-

beneficiaries who shall form a workers cooperative or assoc w/c will deal w/ the corp

- indiv members of the coop shall be provided w/ homelots or small farmlots for their

family use taken fr the land owned by the coop

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Production-sharing - pending final land transfer

Support Services

1. irrigation facilities

2. infrastructure devt & pub works projects

3. govt subsidies for the use of irrig facilities

RA 9700Act Strengthening the CARP, extending the acquisition & distribution of all

agricultural lands, instituting necessary reforms, amending for the purpose certain

provisions of RA 6657

- State shall protect Filipino enterprises against unfair foreign competition & trade

practices

- State recognizes that there is not enough agricultural land to be divided & distributed

to each farmer & regular farmworker so that each one can own his economic-size family

farm.

- Answer: simultaneous industrialization aimed at developing a self-reliant &

independent national economy effectively controlled by Filipinos

- State may, in the interest of national welfare or defense, establish & operate vital

industries

- Implementation of the prog shall be community-based

- State shall recognize & enforce the Rs of rural women to own & control land

- State shall provide incentives to landowners to invest the proceeds of the agrarian

reform prog to promote industrialization, EENT & privatization of the pub sectorenterprises

Added Definition

1. Rural womenwomen who are engaged directly/indirectly in farming and/or fishing

as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food

preparation, managing the household, caring for the children, & other similar activities

2. Landless beneficiaryone who owns less than 3 hectares of agri land

Added Exception to Retention Limits- Provincial, city & mun govt units acquiring private agri lands by expropriation to be

used for actual, direct & exclusive pub purposes, such as roads & bridges, pub markets,

school sites, resettlement sites, local govt facilities, pub parks & brgy plazas or squares

consistent shall not be subj to the 5-hectare retention limit

Order of Priority

- 3 hectares each to the 1st 2 beneficiaries

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- only when these beneficiaries have rcvd 3 hectares each, shall the remaining portion

of the landholding, if any, be distributed to other beneficiaries

Payment by Beneficiariespayable to LBP in 30 annual amortizations at 6% interest

per annumSupport shall be extended equally to women & men beneficiaries

Facts:

Landicho from 1949 until his death in 1972, afterwhich, his

tenancy rights were succeded by his son, petitioner Francisco Landicho (the other

petitioners were Buenaventura (Franciscos son), and Federico (Franciscos brother),

helped him cultivate the land

he Aragons

through a notarized kasulatan for a consideration of P1,000, but petitioners

continued cultivating the land until 1987 when Francisco executed another notarized

kasulatan thru w/c he surrendered his tenancy rights for a consideration of P3,000.

Aragons for P50,000 to respondent Felix Sia, who in turn converted the same to a

residential subd w/o a DAR clearance and ejected the petitioners therefrom.

ners filed a protest before the DAR alleging that they are the tenants of the

lands and claimed that they are entitled to a disturbance compensation. They allegedthat they were fooled into signing over their tenancy rights thru the machinations of the

Aragons.

petitioners are barred by estoppel, laches and prescription

Issue 1: WON petitioners are tenants of the land

Held: A tenant is defined as a person who, himself and w/ the aid available from w/in

his immediate farm household, cultivates the land belonging to, or possessed by

another, w/ the latters consent for purposes of production, sharing the produce w/ thelandholder under the share tenancy system, or paying to the landholder a price certain

or ascertainable in produce or in money or both, under the leasehold tenancy system

For a tenancy relationship to exist, all of the ff essential requisites must be present:

1) the parties are the landowner & the tenant

2) the subj matter is agricultural land

3) there is consent bet the parties

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4) the purpose is agricultural production

5) there is personal cultivation by the tenant

6) there is sharing of the harvests bet the parties

Under the definition, only Francisco possesses the requisites of a tenant. PetitionersFederico and Buenaventura are not tenants because consent (#3) by the landowners is

lacking. They are merely farm helpers of Francisco as part of his immediate farm

household. There was also no evidence to show that they gave a share of their harvest

to the Aragons (#6).

Issue 2: WON the respondents took advantage of Franciscos old age & illiteracy and

employed fraudulent schemes in order to deceive him into signing the Kasulatans

Held: As the legal tenant of the lands, Francisco had voluntarily surrendered his tenancy

rights when he knowingly & freely executed the 1987 Kasulatan. There was no showing

of foul play, because the Kasulatan was in Filipino, a language spoken & understood by

Francisco and was couched in plain and clear terms. Such kasulatan was also duly

notarized and are considered as public documents executed w/ all the legal formalities

which afford it the legal presumption of regularity and legality abent full, clear and

convincing evidence to the contrary.

Final ruling: Petitioners have no cause of action and the same has prescribed.

Facts:

he had been promoted repeatedly up to 1998 when he was temporarily assigned as

caretaker of the bank and designated as Acting Asst. VP and OIC in June of 1998.

1983-84, it underwent serious liquidity problems and was placed under receivership by

the Central Bank, which ordered its closure in July of 1984. After 2 months, the

respondent bank was reopened under the control & mgt of Comsavings Bank.

of the respondent bank and took over the

control & mgt of the bank and renamed it as GSIS Family Savings Bank.

appointment as Acting Asst VP was retained.

olicy to attain financial stability, the respondent bank adopted

measures, one of w/c is an early retirement program.

(supposedly under protest) & received the amt of P1,342M as retirement pay.

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& underpayment of wages, 13th month pay & retirement benefits before the Labor

Arbiter. He alleged discrimination & unfair treatment, and intense pressure on the part

of the resp bank forced him to retire at the prime of his life.

Issue 1: WON there was constructive dismissal

Held: No.

Constructive dismissalquitting because continued EENT is rendered impossible,

unreasonable or unlikely, as an offer involving a demotion in rank & a dimunition in

pay. May also mean an act of clear discrimination, insensibility or disdain by an EER

may become so unbearable on the part of the EE so as to foreclose any choice on his

part except to resign

Petitioner claims he was discriminated against as new hires were given higher salaries

than he was receiving.

Discriminationfailure to treat all persons equally when no reasonable distinction can

be found bet those favored & those not favored. It must be clearly established that (1)

there is no reasonable distinction for classification that can be obtained bet persons

belonging to the same class, and (2) persons belonging to the same class have not

been treated alike

Petitioner failed to established that he possessed the same skills, competencies &

expertise as those newly hired to eliminate the possibility of substantial distinction that

may warrant unequal treatment bet them.

Petitioner contends that in cases of constructive dismissal, the burden of proof rests on

the EER to show that the EE was dismissed on a valid & just cause. But this legalprinciple presupposes that there is indeed an involuntary separation from EENT & the

facts attendant to such forced separation was clearly established, w/c the petitioner

failed to do. It was him who availed of the voluntary retirement program. And absent

the showing of duress, the presumption is that it was done by him voluntarily.

While the state promotes the utmost protection of labor against capital, it does not

mean that the working class is upheld in all labor dispute. The law also recognizes the

rights of management.

PRE-EMPLOYMENT

Art 12. It is the policy of the State:1. to promote and maintain a state of full employment through improved manpower

training, allocation and utilization;

2. to protect every citizen desiring to work locally/overseas by securing for him the best

possible terms and condition of employment;

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3. to facilitate a free choice of available employment by persons seeking work in

conformity with the national interest;

4. to facilitate & regulate the movement of workers in conformity w/ the national

interest;

5. to regulate the employment of aliens, including the establishment of a registrationand/or work permit system;

6. to strengthen the network of public employment offices and rationalize the

participation of the private sector in the recruitment and placement of workers, locally

and overseas, to serve national development objectives;

7. to insure careful selection of Filipino workers for overseas employment in order to

protect the good name of the PH abroad.

The DOLE

- by Administrative Code of 1987 (EO 292)

- the primary policy-making, programming, coordinating and administrative entity of the

Executive branch of the govt in the field of labor and employment

Its Primary responsibilities:

1. The promotion of gainful EENT opportunities and the optimization of the devt &

utilization of the countrys manpower resources;

2. The advancement of workers welfare by providing for just and humane working

conditions and terms of EENT;

3. The maintenance of industrial peace by promoting harmonious, equitable and stable

EENT, relations that assure protection for the Rs of all concerned parties.

RECRUITMENT & PLACEMENT OF WORKERS

Art 13. Definitions

Workerany member of the labor force whether employed or unemployed.

Recruitment & placementany act of canvassing, enlisting, contracting, transporting,

utilizing, hiring, or procuring workers and includes referrals, contract services, promising

or advertising for EENT, locally or abroad, whether for profit or not: provided, that any

person or entity w/c, in any manner, offers or promises for a fee EENT to 2/more

persons shall be deemed engaged in recruitment & placementPrivate fee-charging EEnt Agencyany person/ entity engaged in the recruitment &

placement of workers for a fee w/c is charged directly/indirectly from the workers or

employers or both

Licensea document issued by the DOLE authorizing a person/entity to operate a

private EENT agency

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Private recruitment entityany person/assoc engaged in the recruitment & placement

of workers, locally/overseas without charging, directly/indirectly any fee from the

workers or employers.

Authoritya document issued by the DOLE authorizing a person/assoc to engage in

recruitment & placement activities as a private recruitment entitySeamanany person employed in a vessel engaged in maritime navigation

Overseas EENTEENT of a worker outside the PH

Emigrantany person, worker or otherwise, who emigrates to a foreign country by

virtue of an immigrant visa or resident permit to its equivalent in the country of

destination

Art 14. EMPLOYMENT PROMOTION

The Sec of Labor shall have the power & authority:

1. to organize & establish new EENT offices in addition to existing EENT offices under

the DOLE as the need arises;

2. to organize & establish a nationwide job clearance & information system to inform

applicants registering w/ a particular EENT office of job opportunities in other parts of

the country as well as job opportunities abroad;

3. to develop & organize a program that will facilitate occupational industrial and

geographical mobility of labor and provide assistance in the relocation of workers from

one area to another; and

4. to require any person, establishment, org, or institution to submit such EENT

information as may be prescribed by the Sec of Labor.

Bureau of Local Employment (BLE)assigned the effective allocation of manpower

resources in local

Ph Overseas Employment Administration (POEA)for overseas employment

Art 15. BUREAU OF EMPLOYMENT SERVICES (now BLE)

- primarily responsible for developing & monitoring a comprehensive EENT program.

Powers & Duties:

1. To formulate & develop plans & programs to implement the EENT promotion

objectives of this Title;2. To establish & maintain a registration and/or licensing system to regulate private

sector participation in the recruitment & placement of workers, locally & overseas, and

to secure the best possible terms & conditions of EENT for Filipino contract workers and

compliance therewith under such rules & regulations as may be issued by the DOLE;

3. To formulate & develop EENT programs designed to benefit disadvantaged groups &

communities;

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4. To establish & maintain a registration and/or work permit system to regulate the

EENT of aliens;

5. To develop a labor market information system in aid of proper manpower and

development planning;

6. To develop a responsible vocational guidance & testing system in aid of proper

human resources allocation; and

7. To maintain a central registry of skills, except seamen

Original & Exclusive Jurisdiction of the regional offices of DOLE

- over all matters/cases involving EE-EER relations including money claims, arising out

of or by virtue of any law or contracts involving Filipino workers for overseas EENT

except seamen: Provided, thet the Bureau of Employment Services (BES) (now BLE)

may, in the case of the NCR, exercise such power, whenever the DOLE deems it

appropriate.

The decisions of the regional offices of the BES if so authorized by the Sec of DOLE

shall be appealable to the NLRC upon the same grounds provided in Art 233 hereof.

The decisions of the NLRC shall be final & unappealable.

Minister of Laborhas the power to impose & collect fees, based on rates

recommended by the BES. Such fees shall be deposited in the National Treasury as a

special acct of the General Fund, for the promotion of the objectives of the BES, subj to

the provisions of Sec 40 of PD 1177.replaced BES w/ BLE, and created POEA

made licensing of local recruitment agencies and the issuance of work

permits to non-resident aliens and EENT registration certificates to resident aliens a

function of the regional offices of DOLE

required the establishment of a Public Employment Service Office (PESO)

in capital towns, cities and other strategic areas

o PESO - serves as EENT service & information center

- Regularly obtains lists of job vacancies from EERS, publicizes them, invites and

evaluates applicants, and refers them for probable hiring- Provides training and educational guidance and EENT counseling services

- Also renders special services to the public such as holding of jobfairs, livelihood and

self-employment bazaars

- Special credit assistance for placed overseas workers

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- Special program for EENT of students (SPES) during summer or semestral breaks

- Work appreciation seminars & conferences and

- Hiring of workers in infrastructure projects (WHIP)

created WHIP, a program w/c requires the DPWH and private contractors

to hire 30% of skilled and 50% unskilled labor requirements from the area where theproject is being undertaken

Art 16. PRIVATE RECRUITMENT:

GR: No person/entity other than the public EENT offices, shall engage in the

recruitment & placement of workers.

1. Public EEnt offices

2. Private recruitment entities

3. Private EENT agencies

4. Shipping or manning agents or representatives

5. The POEA

6. Construction contractors if authorized to operate by DOLE and the Construction

Industry Authority

7. Members of the diplomatic corps although hirings done by them have to be

processed through the POEA

8. Other persons/entities as may be authorized by the Sec of DOLE

Art 17. OVERSEAS EMPLOYMENT DEVT BOARD

POEAhas taken over the functions of the Overseas Employment Development Board(OEDB) and the National Seamen Board (NSB)

OFWa Filipino worker who is to be engaged, is engaged or has been engaged in a

renumenerated activity in a country of which he/shee is not a legal resident

2 Classifications

1. Land-basedcontract workers other than a seaman including workers ingaged in

offshore activities whose occupation requires that majority of his working/gainful hrs

are spent on land

2. Sea-basedthose employed in a vessel engaged in maritime navigation

Principal Functions of the POEA

1. Formulation, implementation and monitoring of overseas employment of Filipino

workers;

2. Protection of their rights to fair and equitable employment practices;

3. Deployment of Filipino workers through govt-to-govt hiring

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Regulatory Functions

1. Regulate private sector participation in the recruitment & overseas placement of

workers through its licensing and registration system;

2. Formulate & implement, in coordination w/ appropriate entities concerned, when

necessary, a system for promoting and monitoring the overseas EEnt of Filipino workerstaking into consideration their welfare and the domestic manpower requirements;

3. Inform migrant workers not only of their rights as workers but also of their rights as

human beings;

4. Instruct and guide the workers how to assert their rights and provide the available

mechanism to redress violation of their rights;

5. In the recruitment & placement of workers to service the requirements for trained

and competent Filipino workers of foreign govts and their instrumentalities, and such

other employers as public interest may require, deploy only to countries:

a. Where the PH has concluded Bilateral labor agreements or arrangements;

b. Observing and/or complying w/ the international laws and standards of migrant

workers;

c. Guaranteeing to protect the rights of Filipino migrant workers.

Adjudicatory Functions

1. Administrative cases involving violations of licensing rules & regulations and

registration of recruitment and EEnt agencies/entities; and

2. Disciplinary action cases and other special cases w/c are administrative in character,

involving employers, principals, contracting partners and Filipino migrant workers.

Jurisdiction of POEA

1. all cases w/c are administrative in character, involving or arising out of violations of

rules & regulations relating to licensing & registration of recruitment and employment

agencies/entities; and

2. disciplinary action cases and other special cases w/c are administrative in character,

involving EERS, principals, contracting partners and Filipino migrant workers

3. NO jurisdiction to enforce foreign judgment (must be brought before the regular

courts). POEA is an administrative (not a court), exercising adjudicatory or quasi-judicial

functions4. NO jurisdiction over torts

Grounds for Disciplinary Action

1. Commission of a felony punishable by Ph laws or by the laws of the host country;

2. Drug addiction/possession or trafficking of prohibited drugs;

3. Desertion or abandonment;

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4. Drunkenness, esp where the laws of the host country prohibit intoxicating drinks;

5. Gambling, esp where the laws of the host country prohibits the same;

6. Initiating/joining a strike or work stoppage where thelaws of the host country

prohibit strikes or similar actions;

7. Creating trouble at the worksite or in the vessel;8. Embezzlement of company funds or of moneys and properties of a fellow worker

entrusted for delivery to kins or relatives in the PH;

9. Theft/robbery;

10. Prostitution;

11. Vandalism or destroying company property;

12. Gunrunning or possession of deadly weapons;

13. Unjust refusal to depart for the worksite after all employment and travel documents

have been duly approved by the approp govt agency/ies; and

14. Violation/s of the laws and sacred practices of the host country and unjustified

breach of govt-approved EENT contract by a worker

COMPROMISE AGREEMENT

-consistent w/ the policy encouraging amicable settlement of labor disputes Sec 10 of

RA 8042 allows resolution by compromise of cases filed w/ the NLRC

- any compromise agreement on money claims inclusive of damages shall be paid w/in

4 months from the approval of the settlement

Penalties for Non-compliance of the mandatory period for resolution of cases1. The salary of such official who fails to render his decision/resolution w/in the

prescribed pd shall be, or caused to be, withheld until such official complies therewith;

2. Suspension for not more than 90 days; or

3. Dismissal w/ disqualification to hold any appointive public office for 5 yrs

EER/EE Relations Cases

Premature Termination of Contract

If EE is terminated before end of contract w/o just cause, EERS will be ordered to paytheir salaries corresponding to the unexpired portion of their EENT contract

Pretermination Under RA 8042

A worker dismissed from overseas EENT w/o just cause as defined by law/contract is

entitled to full reimbursement of his placement fee w/ interest

at 12% per annum, plus the salary for the unexpired portion of their EENT contract.

Due Process required to terminate employment

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Ex: in case of seamenmust be given written notice of the charges against him, and

afforded a formal investigation where he can defend himself or thru a representative

before he can be dismissed & disembarked. The EER is required to furnish him w/ 2

notices: (1) written notice of charge; and (2) written notice of dismissal

Contracted but not Deployed: Perfected ContractDeath benefits of Seafarers

- entitled to death and other benefits under w/c ever is higher (foreign law or Ph law)

- entitled to death benefits if death occurs during the term of his contract of

employment, even if death is not work-

Disabilityloss or impairment of a physical or mental function resulting from

injury/sickness

Permanent disabilitythe inability of a worker to perform his job for more than 120

days, regardless of WON he loses the use of any part of his body

Total Disabilitydisablement of an EE to earn wages in the same kind of work of

similar nature that he was trained for or accustomed to perform, or any kind of work

w/c a person of his mentality and attainments could do. It does not mean absolute

helplessness.

In disability compensation, it is not the injury w/c is compensated, but rather it is the

incapacity to work resulting in the impairment of ones earning capacity

Disability benefits by seamena matter governed not only by medical findings but by

law & contract

- shall be paid beginning on the 1st day of such disability. If caused by an

injury/sickness it shall not be paid longer than 120 consinjury/sickness still requires medical attendance beyond 120 days

but not to exceed 240 days from onset of disability in w/c case benefit for temporary

total disability shall be paid.

In case of differing medical assessment

a.) when a seafarer sustains a work-related illness/injury while on board, his

fitness/unfitness to work shall be determined by the company-designated physician.

b.) If the physician appointed by the seafarer disagrees w/ the company-designated

physiciansassessment, the opinion of a 3rd doctor may be agreed jointly bet the EER

and the seafarer to be the decision final and binding on them

Agencies Given the Duty to promote the welfare & rights of migrant workers:

1. DFA

2. DOLE

3. POEA

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Professionals w/o Board & Lodging50%

Domestic and other service workers50%

1. Fil servicemen working in US military installations;

2. Where the workers immediate family members, dependents, or beneficiaries areresiding w/ him abroad;

3. Immigrants and Fil professionals and EEs working w/ UN agencies or specialized

bodies

Effects of Failure to Remit

1. Workers who fail to comply w/ the mandatory remittance reqment shall be

suspended/excluded from the list of eligible workers for overseas EENT. Subsequent

violations shall warrant his repatriation.

2. EERS who fail to comply shall be excluded from the overseas EENT program. Private

EENT agencies/entities shall face cancellation or revocation of their licenses or authority

to recruit, w/o prejudice to other liabilities under existing laws and regulations

CH 2: REGULATION OF RECRUITMENT & PLACEMENT ACTIVITIES

Art 25: PRIVATE SECTOR PARTICIPATION IN THE RECRUITMENT & PLACEMENT OF

WORKERS

Private Sectors that can participate

1. Private EENT agencies;

2. Private recruitment agencies;

3. Shipping or manning agencies;4. Such other persons as may be authorized by the Sec of DOLE; and

5. Construction contractors w/ a duly issued authority to operate private recruitment

entities

Qualifications for Participation

1. Citizenship requirement

a. Filipino citizens; or

b. Corporations, partnerships or entities at least 75% of the authorized and voting

capital stock of w/c is owned & controlled by Filipino citizens.2. Capitalization

a. Private EENT agency for local EENT

i. For single proprietorship or partnershipminimum net worth of 200k pesos

ii. For corporationsa minimum paid up capital of 5ook pesos

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b. Private recruitment or manning agency for overseas EENT

i. For single proprietorship or partnershipP2M minimum capital

ii. For corpsP2M minimum paid up capital, Provided, that those w/ existing licenses

shall, w/in 4 yrs from effectivity hereof, increase their capitalization or paid-up capital,

as the case may be, to P2M at the rate of 250K every yr.3. Those not otherwise disqualified by law or other govt regulations to engage in the

recruitment & placement of workers for overseas EENT

Disqualified from Recruitment & Placement of Workers for Overseas EEnt whether for

profit or not

1. Travel agencies & sales agencies of airline companies;

2. Officers/members of the board of any corp or members in a partnership engaged in

the business of a travel agency;

3. Corps & partnerships, when any of its officers, members of the board or partners, is

also an officer, member of the board or partner of a corp or partnership engaged in the

business of a travel agency (interlocking officers)

4. Persons, partnerships or corps which have derogatory records, such as but not

limited to:

a. Those certified to have derogatory record/info by the NBI or by the Anti-illegal

Recruitment Branch of the POEA;

b. Those against whom probable cause or prima facie finding of guilt for illegal

recruitment or other related cases exists;

c. Those convicted of cases and/or crimes involving moral turpitude;

d. Those agencies whose licenses have been previously cancelled or revoked by POEAfor violation of RA 8042, PD 442 as amended and their IRR as well as the Labor Codes

IRR

e. Officials/EES of the DOLE or other govt agencies directly involved in overseas EENT

program and their relatives w/in the 4th degree of consanguinity or affinity; and

f. Those whose License have been previously cancelled o revoked

Art 29: NON-TRANSFERABILITY OF LICENSE AUTHORITY1. It may be used only b the one in whose favor it was issued; hence, it cannot be

assigned, conveyed or transferred to any other person/entity.

2. It must be used only in the place stated in the license. Thus, could only undertake

recruitment & placement activities in the region where the license was granted.

3. The recruitment & placement activities must be undertaken at their authorized official

addresses.

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4. Provincial recruitment and/or job fairs may be allowed only when authorized by POEA

in writing.

* Change of ownership of single proprietorship licensed to engage in overseas EENT

shall cause the automatic revocation of the license.Art 30: BONDS

The Sec of Labor shall promulgate a schedule of fees for the registration of all

applicants for license or authority.

Art 31. BONDS

All applicants for license/authority shall post such cash and surety bonds as determined

by the Sec of Labor including escrow deposits.

Purposes:

1. To guarantee compliance w/ prescribed recruitment procedures, rules & regulations,

and terms & conditions of EENT; and

2. To ensure prompt & effective recourse against such companies when held liable for

applicants/workers claim

Exemption from Garnishment

judgment creditor of the agency.

be replenished by the agency w/in 15 days from notice

from the POEA. Failure to replenish the same w/in the said pd shall cause the

suspension of the license

Note: POEA has the power to enforce liability under cash & surety bonds.

Art 32: FEES TO BE PAID BY WORKERS

commenced EENT

ll always be covered w/ the approp receipt clearly showing the amount

paid.

POEA has the power to:

1. Suspend/cancel the license; and

2. Order the refund/reimbursement of such illegally collected fees

Prohibition on Charging Fees

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1. Placement fees cannot be collected from a hired worker until he has signed the EENT

contract & shall be covered by receipts clearly showing the amt paid

2. Manning agencies shall not charge any fee from seafarer-applicants for its

recruitment & placement services. All expenses for hiring seamen shall be shouldered

by foreign shipping principals.3. No other fees/charges, including processing fees shall be imposed against any

worker.

Art 34 & Section 6 RA 8042: PROHIBITED PRACTICES:

It shall be unlawful for any indiv, entity, licensee or holder of authority:

1. To charge greater amt than that specified in the schedule of allowable fees (illegal

exaction);

2. To furnish any false info in relation to recruitment/EENT (false information);

3. To give any false notice, testimony, etc. or commit any act of misrepresentation to

secure a license or authority (false statements);

4. To induce or attempt to induce a worker to quit his job in lieu of another offer unless

it is designed to liberate the worker from oppressive terms of EENT (pirating);

5. To influence of attempt to influence any person/entity no to employ any worker who

has not applied for EENT through his agency (influencing not to employ);

6. To engage in the recruitment/placement of jobs harmful to public health, morality or

to the dignity of the PH (harmful jobs);

7. To obstruct or attempt to obstruct inspection by the Labor Sec or his authorized reps(obstruct inspection);

8. To fail to file reports on the status of EENT, placement, etc. and such other matters

as may be required by the Sec of Labor (failure to comply w/ rules & regulations);

9. To substitute or alter EENT contracts w/o the approval of the Sec of Labor (alteration

of contracts);

10. To become an officer or member of the board of any corp engaged in the mgt of a

travel agency; and

11. To withhold travel docs from applicant workers before departure for unauthorized

monetary considerations (withholding documents).

Art 35: SUSPENSION AND/OR CANCELLATION OF LICENSE OR AUTHORITY

Non License or Non-Holder of Authorityany person/corp/entity w/c has not been

issued a valid license or authority to engage in recruitment & placement by the Sec of

Labor, or whose license or authority has been suspended, revoked or cancelled by the

POEA and the Secretary.

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Grounds for Revocation of License

1. Incurring an accumulated 3 counts of suspension by an agency based on final and

executor orders w/in the validity period of its license;

2. Violation/s of the conditions of license;

3. Engaging in acts of misrepresentation for the purpose of securing a license orrenewal thereof; and

4. Engaging in the recruitment or placement of workers to jobs harmful to the public

health or morality or to the dignity of the RP

Grounds for Suspension/Cancellation of License

1. The acts prohibited under Art 34;

2. Charging a fee before the worker is employed or in excess of the authorized amt;

3. Doing recruitment in places outside its authorized area;

4. Deploying workers w/o processing through the POEA; and

5. Publishing job announcements w/o POEAs prior approval

Jurisdiction

The DOLE Sec and the POEA Admin have concurrent jurisdiction to suspend or cancel a

license

Liability of Recruitment Agency

Before recruiting, the agency is required to submit a doc containing its power to sueand be sued jointly and solidarily w/ the principal or foreign-based employer for any of

the violations of the recruitment agreement, and the contracts of employment

Note: The recruitment agency may still be sued even if agency agreement bet

recruitment agency & principal is already severed if no notice of the termination was

given to the EE

Exception to Liability of Recruitment agency

their foreign EER despite their knowledge of its inability to pay their wages

Contract by Prncipal

it was the principal of the manning agency who entered into contract w/ the

EE, the manning agent in the PH is jointly & solidarily liable w/ the principal

Suability of Foreign Corps

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country may be

suid in and found liable by Ph courts

CH 3: MISCELLANEOUS PROVISIONS (as amended by RA 8042)

Illegal Recruitmentany act of (CETCHUP) canvassing, enlisting, transporting,contracting, utilizing, or procuring workers and includes (CRAP) contract services,

referrals, or advertising, promising for employment abroad, whether for profit or not,

when undertaken by a non-licensee or non-holder of authority; Provided that any such

non-licensee or non-holder of authority who in any manner, offers or promises for a fee

employment abroad to 2 or more persons shall be deemed so engaged. Also includes

the act of reprocessing workers through a job order that pertains to nonexistent work,

work different from the actual overseas work, or work w/ a different EER whether

registered or not w/ the POEA

by a non-licensee or non-holder of authority or a licensee or a holder of authority:

1. Those prohibited practices under Art 34;

2. Failure to actually deploy w/o valid reason as determined by DOLE;

3. Failure to reimburse expenses incurred by the worker in connection w/ his

documentation & processing for purposes of deployment, in cases where the

deployment does not actually take place w/o the workers fault; and

4. Recruitment & placement activities of agents or representatives appointed by a

licensee, whose appointments were not previously authorized by the POEA shall

likewise constitute illegal recruitment.

Elements of Illegal Recruitment

1. The offender is a licensee/non-licensee or holder/non-holder of authority engaged in

the recruitment & placement of workers; and

2. The offender undertakes either any recruitment activities devided under Art 13 (b) or

any prohibited practices in Art 34

Simple Illegal RecruitmentWhere a person:

1. undertakes any recruitment activity defined under Art 13(b) or any prohibited

practice enumerated under Arts 34 & 38 of the LC; and2. does not have a license or authority to lawfully engage in the recruitment &

placement of any workers.

Illegal Recruitment in Large Scalefurther requires a 3rd element:

3. The offense is committed against 3/more persons, individually or as a group

Illegal Recruitment as Economic Sabotage:

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1. When illegal recruitment is committed by a syndicate (when 3/more persons conspire

or confederate w/ one another in carrying out an unlawful or illegal transaction,

enterprise or scheme);

2. When illegal recruitment is committed in a large scale (if committed against 3/more

persons individually or as a group

Consequences of Conviction

1. Automatic revocation of license/authority;

2. Forfeiture of the cash & surety bonds;

3. Conviction for the crime of estafa, if found guilty thereof

Illegal Recruitment vs Estafa

rged & convicted for both

Acts Constituting Estafa

- the accused represented themselves to complainants to have the capacity to send

workers abroad although they did not have any authority or license, enabling them to

obtain placement fee

Venue of criminal action arising from Illegal Recruitment

The complainant may, at his option file at the RTC of the province/city:

a.) where the offense was committed; or

b.) where the offended party resides at the time of the commission of the offense

Prescriptive Period Imprisonment Fine

Simple 5 yrs 12-20 yrs P1-2M

Economic Sabotage 20 yrs Life P2-5M

Note: Max penalty if the person illegally recruited is less than 18 y/o or committed by a

non-licensee or non-holder of authority

Absence of receipts evidencing payment, not fatal to prosecutions case for illegal

recruitmentas long as the witnesses can positively show through their respective

testimonies that the accused is the one involved in prohibited recruitmentLiability of Local EEnt agencysolidarily liable w/ the foreigh principal for unpaid

salaries of a worker recruited. Before recruiting, the agency is required to submit a doc

containing its power to sue and be sued jointly and solidarily w/ the principal or foreign-

based EER for any of the violations of the recruitment agreement and the contracts of

EEnt

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Liability of Company Engaged in Illegal Recruitmentmay be held as principal,

together his EER, if it is shown that he actively & consciously participated in illegal

recruitment

Issuance of search warrant/warrant of arrest

search or arrest warrants

Immigration may order arrested, following a final roder of deportation

Note: the Sec of Labor may order closure of illegal recruitment establishments because

it is only administrative & regulatory in nature

TITLE 2: EMPLOYMENT OF NON-RESIDENT ALIENS

Alien Employment Permit (AEP)required for entry into the country for employment

purposes and is issued after determination of the non-availability of a person in the pH

who is competent, able and willing at the time of application to perform the services for

w/c the alien is desired

AEP

Employment Permit Required

1. all foreign nationals seeking admission to the PH for the purpose of EENT;

2. all non-resident foreign nationals already working in the PH;

3. non-resident foreign nationals admitted to the PH on non-working visas and who

wish to seek EENT; and4. missionaries or religious workers who intend to engage in gainful EENT.

Note: AEP should be secured regardless of the source of compensation and duration of

the EENT, whether the EENT is part-time or temp

An AEP is issued based on the ff:

1. Compliance by the applicant EER or the foreign national w/ the substantive &

documentary requirements;

2. Determination of DOLE Sec that there is no available Filipino national who is

competent, able and willing to do the job for the EER; and3. Assessment of the DOLE Sec that the EENT of the foreign national will redound to

national benefit

Note: Understudy Training Program is no longer a requirement in the issuance of AEP

and the EEr has now the option to implement transfer of technology

Requisite for EENT of Resident Aliens:

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resident aliens are not required to secure a working permit. They are

required to secure their Alien Employment Registration Cert (AERC)

Exemption from Permit

1. All members of the Diplomatic service and foreign govt officials accredited by and w/reciprocity arrangement w/ the Ph govt;

2. Officers and staff of international orgs of w/c the PH is a member, and their

legitimate spouses desiring to work in the PH;

3. Foreign nationals elected as members of Governing Board who do not occupy any

other position, but have only voting rights in the corp;

4. All foreign nationals granted exemption by law;

5. Owners & representatives of foreign nationals whose companies are accredited by

the POEA who come to the PH for a limited period and solely for the purpose of

interviewing Filipino applicants for EENT abroad;

6. Foreign nationals who come to the PH to teach, present and/or conduct research

studies in univs and colleges as visiting, exchange or adjunct professors under formal

agreements bet the univs or colleges in the PH an foreign univs or colleges; or bet the

Ph govt and foreign govt; provided that the exemption is on a reciprocal basis; and

7. Resident foreign nationals.

Grounds for denial of Application of AEP

1. Misrepresentation of facts in the application;2. Submission of falsified docs;

3. The foreign national has a derogatory record; or

4. Availability of a Fil who is competent, able and willing to the job intended for the

alien.

Grounds for suspension of AEP

1. The continued stay of the foreign national my result in damage to the interest of the

industry of the country; and

2. the EENT of the alien is suspended by the EER or by the order of the court

Grounds for revocation of AEP

1. Non-compliance w/ any of the requirement/conditions for w/c the AEP was issued;

2. Misrepresentation of facts in the application;

3. Submission of falsified docs;

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4. Meritorious objection or information against the EENT of foreign national as

determined by the Regional Dir;

5. Foreign national has a derogatory record; and

6. EER has terminated the EENT of the foreign national.

Validity of EENT Permit

provides otherwise, w/c shall in no case exceed 5yrs

Rule on Nationalized Business

GR: Foreigners may NOT be employed in certain nationalized business.

Anti-Dummy Law 2-A prohibits the EENT of aliens in entities engaged in business whose

exercise or enjoyment is reserved only to Fils or to corporations or assocs whose capital

should be at least 60% Fil-owned

1. Where the Sec of Justice specifically authorizes the EEnt of technical personnel;

2. Aliens who are members of the Board of directors of corps in proportion to their

allowable participation in the capital of such entities; and

3. Enterprises registered under the Omnibus Investment Code in case of technical,

supervisory or advisory positions, but for a limited pd.

Art 41. PROHIBITION AGAINST TRANSFER OF EENT

1. Aliens shall not transfer to another job or change his EER w/o prior approval of the

Sec of Labor;

2. Non-resident aliens shall not take up EENT in violation of the provisions of the Code.

Note: Violations of the abovementioned acts will subj the alien to the punishment in Art

289 & 290 and to deportation after service of sentence

BOOK 2: HUMAN RESOURCES

TITLE 1: NATIONAL MANPOWER DEVT PROGRAMCH 1: NATIONAL POLICIES & ADMINISTRATIVE MACHINERY FOR THEIR

IMPLEMENTATION

Art 43-56 TECHNICAL EDUCATION AND SKILLS DEVT AUTHORITY (TESDA)

- replaced the National Manpower & Youth Council under RA 7796

Statement of Goals & Objectives

1. To attain international competitiveness;

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2. To meet demands for quality middle-level manpower;

3. To disseminate scientific & technical knowledge base;

4. To recognize & encourage the complementary roles of pub & private institutions; and

5. To inculcate desirable values.

Middle-level Manpower

1. Those who have acquired practical skills & knowledge through formal or non-formal

educ & training equivalent to at least a secondary educ but preferably a post-secondary

educ w/ a corresponding degree/diploma; or

2. Skilled workers who have become highly competent in their trade or craft as attested

by industry.

TITLE 2: TRAINING & EMPLOYMENT OF SPECIAL WORKERS

CH1: TYPES OF SPECIAL WORKERS

1. Apprentice

2. Learner

3. Handicapped

Art 57 STATEMENT OF OBJECTIVES FOR THE TRAINING & EENT OF SPECIAL

WORKERS

1. To help meet the demand of the economy for trained manpower;

2. To establish a national apprenticeship program; and3. To establish apprenticeship standards for the protection of apprentices.

Art 58: DEFINITION OF TERMS

Apprenticeshippractical training on the job supplemented by related theoretical

instruction, for a highly skilled or technical instruction for a period of 3-6 months

Apprenticea person undergoing training for an approved apprenticeable occupation

during an established period assured by an apprenticeship agreemt

Apprenticeable Occupationan occupation officially endorsed by a tripartite body and

approved for apprenticeship by the TESDA (no longer the Sec of Labor)Apprenticeship Agreementan EENT contract wherein the EER binds himself to train

the apprentice and the apprentice in turn accepts the terms of training

On-the-job trainingpractical work experience through actual participation in

productive activities given to or acquired by an apprentice

Highly technical industriesa trade, business, enterprise, industry or other activity, w/c

is engaged in the application of advanced technology

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Art 59: QUALIFICATIONS OF APPRENTICES

1. At least 15 y/o, provided that if below 18 y/o, he shall not be eligible for hazardous

occupation;

2. Physically fit for the occupation in w/c he desires to be trained;

3. Possess vocational aptitude and capacity for the particular occupation as establishedthrough appropriate tests; and

4. Possess the ability to comprehend and follow oral & written instructions.

Note: Total physical fitness is not required of the apprentice-applicant unless it is

essential to the expeditious and effective learning of the occupation. Only physical

defects w/c constitute real impediments to effective perf as determined by the plant

apprenticeship committee may dispqualify an applicant

Art 60: EMPLOYMENT OF APPRENTICES

Qualifications to be met by EER:

1. Only EERS in highly technical industries may employ apprentices; and

2. Only in apprenticeable occupations as determined by the TESDA.

Requisites for a Valid apprenticeship

1. Qualifications of apprentice are met;

2. Apprentice earns not less than 75% of the prescribed minimum salary;

3. Apprenticeship agreemt duly executed & signed;

4. Apprenticeship program must be approved by the TESDA; otherwise the apprentice

shall be deemed a regular EE;

5. Period of apprenticeship shall not exceed 6 months

Note: at the termination of the apprenticeship, the EER is not required to continue the

EENT

There is no valid apprenticeship if:

1. The agreemt submitted to the TESDA was made long after the workers started

undergoing apprenticeship;

2. The work performed by the apprenticeship was different from those allegedly

approved by TESDA;

3. The workers undergoing apprenticeship are already skilled workers;4. The workers were required to continue undergoing apprenticeship beyond 6mos.

Art 61: CONTENTS OF APPRENTICESHIP AGREEMENT

1. Full name & address of the contracting parties;

2. Date of birth of the apprentice;

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3. Name of trade, occupation or job in w/c the apprentice shall be trained and the dates

on w/c such training will begin and will proximately end;

4. Approp number of hrs of OJT w/ compulsory theoretical instruction w/c the

apprentice shall undergo during his training;

5. Schedule of the work processes of the trade/occupation in w/c the apprentice shallbe trained and the approx. time to be spent on the job in each process;

6. Graduated scale of wages to be paid to the apprentice;

7. Probationary pd of the apprentice during wc either party ay summarily terminate

their agreemt; and

8. A clause that if the EER is unable to fulfill his training oblig, he may transfer the

agreemt, w/ the consent of the apprentice to any other EER who is willing to assume

such oblig.

Working Hrsshall not exceed the max number of hrs prescribed by law, if any, for a

worker of his age and sex. Time spent in compulsorily theoretical instruction shall be

considered hrs of work. An apprentice not otherwise barred by law from working 8hrs

may be requisted by his EER to work overtime and paid accordingly.

Art 62: SIGNING OF APPRENTICESHIP AGREEMENT

Who signs:

1. The apprentice, if of age, otherwise, by his parent or guardian, or in the latters

absence, by an authorized rep of TESDA; and

2. EER or his duly authorized rep

Art 63: VENUE OF APPRENTICESHIP PROGRAM1. Within the sponsoring firm, establishment or entity; or

2. Within a DOLE training center or other public training institutions; or

3. Initial training in trade fundamentals in a training center or other institutions w/

subsequent actual work participation w/in the sponsoring firm or entity during the final

stage of training.

Art 64: SPONSORING OF APPRENTICESHIP PROGRAMS

BY:

1. The plant, shop or premises of the EER or firm concerned if the apprenticeshipprogram is organized by an indiv EER or firm;

2. The premises of one or several firms designated for the purpose by the organizer of

the program if such organizer is an assoc of EERS, civic group and the like; and

3. DOLE Training Center or other public training institutions w/ w/c the TESDA has

made approp arrangements.

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Art 65-67: VIOLATION OF APPRENTICESHIP AGREEMENT

Art 65: Investigation of violation of apprenticeship agreement

1. Either party to an agreemt may terminate the same after the probationary pd only

for a valid cause.

2. Action may be initiated upon complaint of any interested person or upon DOLEs owninitiative.

Valid Cause to terminate agreement

1. By the EER:

a. Habitual absenteeism in OJT and related theoretical instructions;

b. Willful disobedience of company rules or insubordination to lawful order of a

superior;

c. Poor physical condition, permanent disability or prolonged illness w/c incapacitates

the apprentice from working;

d. Theft or malicious destruction of company property and/or equipment

e. Poor efficiency or perf on the job or in the classroom for a prolonged period despite

warnings duly given to the apprentice; and

f. Engaging in violence or other forms of gross misconduct inside the EERs premises

2. By the apprentice:

a. Substandard or deleterious working conditions w/in the EERs premises;

b. Repeated violations by the EER of the terms of the apprenticeship agreemt;

c. Cruel or inhumane treatment by the EER or his subordinates;d. Personal problem s/c in the opinion of the apprentice shall prevent him from a

satisfactory perf of his job; and

e. Bad health or continuing illness.

Art 66: Appeal

Labor w/in 5 days form rcpt of the adverse decision.

Art 67 Exhaustion of Administrative Remedies

1. The exhaustion of administrative remedies is a condition precedent to the institution

of action.

2. The plant apprenticeship committee shall have initial responsibility for settling

differences arising out of apprenticeship agreements.

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Art 68: APTITUDE TESTS

ANTONIO M. SERRANO VS. GALLANT MARITIME SERVICES, INC.

FACTS:

Petitioner Antonio Serrano was hired by respondents Gallant Maritime Services, Inc. and

Marlow Navigation Co., Inc., under a POEA-approved contract of employment for 12months, as Chief Officer, with the basic monthly salary of US$1,400, plus $700/month

overtime pay, and 7 days paid vacation leave per month.

On the date of his departure, Serrano was constrained to accept a downgraded

employment contract upon the assurance and representation of respondents that he

would be Chief Officer by the end of April 1998.

Respondents did not deliver on their promise to make Serrano Chief Officer.

Hence, Serrano refused to stay on as second Officer and was repatriated to the

Philippines, serving only two months and 7 days, leaving an unexpired portion of nine

months and twenty-three days.

Upon complaint filed by Serrano before the Labor Arbiter (LA), the dismissal was

declared illegal.

On appeal, the NLRC modified the LA decision based on the provision of RA 8042.

Serrano filed a Motion for Partial Reconsideration, but this time he questioned the

constitutionality of the last clause in the 5th paragraph of Section 10 of RA 8042.

ISSUES:

1. Whether or not the subject clause violates Section 10, Article III of the Constitution

on non-impairment of contracts;

2. Whether or not the subject clause violate Section 1, Article III of the Constitution,

and Section 18, Article II and Section 3, Article XIII on labor as a protected sector.HELD:

On the first issue.

The answer is in the negative. Petitioners claim that the subject clause unduly

interferes with the stipulations in his contract on the term of his employment and the

fixed salary package he will receive is not tenable.

The subject clause may not be declared unconstitutional on the ground that it impinges

on the impairment clause, for the law was enacted in the exercise of the police power

of the State to regulate a business, profession or calling, particularly the recruitment

and deployment of OFWs, with the noble end in view of ensuring respect for the dignityand well-being of OFWs wherever they may be employed.

On the second issue.

The answer is in the affirmative.

To Filipino workers, the rights guaranteed under the foregoing constitutional provisions

translate to economic security and parity.

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Upon cursory reading, the subject clause appears facially neutral, for it applies to all

OFWs. However, a closer examination reveals that the subject clause has a

discriminatory intent against, and an invidious impact on, OFWs at two levels:

First, OFWs with employment contracts of less than one year vis--vis OFWs with

employment contracts of one year or more;Second, among OFWs with employment contracts of more than one year; and

Third, OFWs vis--vis local workers with fixed-period employment;

The subject clause singles out one classification of OFWs and burdens it with a peculiar

disadvantage.

Thus, the subject clause in the 5th paragraph of Section 10 of R.A. No. 8042 is violative

of the right of petitioner and other OFWs to equal protection.

The subject clause or for three months for every year of the unexpired term,

whichever is less in the 5th paragraph of Section 10 of Republic Act No. 8042 is

DECLARED UNCONSTITUTIONAL.

People of the Philippines (petitioner) v Jamilosa (repondent)

GR No. 169076 January 23, 2007

Callejo, Sr.,:

FACTS:

Sometime in the months of January to February, 1996, representing to have the

capacity, authority or license to contract, enlist and deploy or transport workers for

overseas employment, did then and there, willfully, unlawfully and criminally recruit,

contract and promise to deploy, for a fee the herein complainants, namely, Imelda D.

Bamba, Geraldine M. Lagman and Alma E. Singh, for work or employment in Los

Angeles, California, U.S.A. in Nursing Home and Care Center.Prosecution presented three witnesses, namely Imelda Bamba, Geraldine Lagman and

Alma Singh.

According to Bamba, she met the appellant on a bus. She was on her way to SM North

Edsa where she was a company nurse. Appellant introduced himself as a recruiter of

workers for employment abroad. Appellant told her he could help her get employed as

nurse.Appellant gave his pager number and instructed her to contact him is shes

interested. Sometime in January 1996, appellant fetched her at her office, went to her

house and gave him the necessary documents and handed to appellant the amount of

US$300.00 and the latter showed her a photocopy of her supposed US visa. However,the appellant did not issue a receipt for the said money. Thereafter, appellant told her

to resign from her work because she was booked with Northwest Airlines and to leave

for USA on Feb, 1996. On the scheduled departure, appellant failed to show up.

Instead, called and informed her that he failed to give the passport and US visa

because she had to go to province because his wife died. Trying to contact him to the

supposed residence and hotel where he temporarily resided, but to no avail.

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Winess Lagman testified that she is a registered nurse. In January 1996, she went to

SM North Edsa to visit her cousin Bamba. At that time Bamba informed her that she

was going to meet to appellant. Bamba invited Lagman to go with her. The appellant

convinced them of his ability to send them abroad. On their next meeting, Lagman

handed to the latter the necessary documents and an amount of US$300.00 and 2bottles of black label without any receipt issued by the appellant. Four days after their

meeting, a telephone company called her because her number was appearing in

appellants cell phone documents. The caller is trying to locate him as he was a

swindler. She became suspicious and told Bamba about the matter. One week before

her scheduled flight, appellant told her he could not meet them because his mother

passed away.

Lastly, Alma Singh, who is also a registered nurse, declared that she first met the

appellant at SM North Edsa when Imelda Bamba introduced the latter to her. Appellant

told her that he is an undercover agent of FBI and he could fix her US visa. On their

next meeting, she gave all the pertinent documents. Thereafter, she gave P10,000 to

the appellant covering half price of her plane ticket. They paged the appellant through

his beeper to set up another appointment but the appellant avoided them as he had

many things to do.

The accused Jamilosa testified on direct examination that he never told Bamba that he

could get her a job in USA, the truth being that she wanted to

leave SM as company nurse because she was having a problem thereat. Bamba called

him several times, seeking advices from him. He started courting Bamba and went out

dating until latter became his girlfriend. He met Lagman and Singh thru Bamba. As

complainants seeking advice on how to apply for jobs abroad, lest he be charged as arecruiter, he made Bamba, Lagman and Singh sign separate certifications, all to effect

that he never recruited them and no money was involved. Bamba filed an illegal

recruitment case against him because they quarreled and separated.

RTC rendered judgment finding accused guilty beyond reasonable doubt of illegal

recruitment in large scale.

ISSUE: Illegal Recruitment in a large scale?

HELD: Recruitment and placement" refers to any act of canvassing, enlisting,

contracting, transporting, utilizing, hiring, or procuring workers, and includes referrals,

contract services, promising or advertising for employment, locally or abroad, whetherfor profit or not. Provided, That any person or entity which, in any manner, offers or

promises for a fee employment to two or more persons shall be deemed engaged in

recruitment and placement.

Illegal recruitment shall mean any act of canvassing, enlisting, contracting,

transporting, utilizing, hiring, or procuring workers and includes referring, contract

services, promising or advertising for employment abroad, whether for profit or not,

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when undertaken by a non-licensee or non-holder of authority. Provided, That any such

non-licensee or non-holder who, in any manner, offers or promises for a fee

employment abroad to two or more persons shall be deemed so engaged.

To prove illegal recruitment in large scale, the prosecution is burdened to prove three

(3) essential elements, to wit: (1) the person charged undertook a recruitment activityunder Article 13(b) or any prohibited practice under Article 34 of the Labor Code; (2)

accused did not have the license or the authority to lawfully engage in the recruitment

and placement of workers; and (3) accused committed the same against three or more

persons individually or as a group. As gleaned from the collective testimonies of the

complaining witnesses which the trial court and the appellate court found to be credible

and deserving of full probative weight, the prosecution mustered the requisite quantum

of evidence to prove the guilt of accused beyond reasonable doubt for the crime

charged. Indeed, the findings of the trial court, affirmed o