Standard Version of WPS Office Suite with PDF Editor - https://www.wps.

com

Training and Convention Division

University of the Philippines College of Law

SUGGESTED ANSWERS TO THE

2022 MOCK BAR EXAMINATIONS IN
LABOR LAW (Cycle 1)

On Wednesday, Steve Wander requested permission from his manager, Manny, for him to be absent
on Araw ng Kagitingan which is a day that immediately precedes a Good Friday. Since majority of
the workforce already got a leave of absence due to the long holiday, Manny refused Steve’s request.
Steve nonetheless still proceeded to be absent. Thereafter, he questioned Manny’s decision of not
paying him regular holiday pay for Araw ng Kagitingan and Good Friday.

Rule on Steve’s complaint. (5 points)

II

Jose was employed by Heritage Hotel in 2010. He is married but separated in fact from his wife. In
February 2018, he was dismissed by the President of Heritage Hotel on the ground of immorality for
having an illicit affair with Susan, the executive secretary of the President. The Hotel had given Jose
a notice to explain within 24 hrs. why he should not be dismissed. Attached to the notice to explain
is a sworn statement by Edgar, the driver of the President, who stated that he saw Jose and Susan
coming out of a motel. Jose demanded a confrontation with Edgar but this was denied by the Hotel.

a. Does Jose have a valid cause of action for illegal dismissal against the President and Heritage Hotel?
Explain your answer. (5 points)

b. Suppose Jose filed an illegal dismissal case against the President and Heritage Hotel. The Labor
Arbiter ruled that Jose was not illegally dismissed, but he was deprived of his right to due process.
The Labor Arbiter then ordered Heritage Hotel and the President to be solidarily liable to Jose for
nominal damages of P50,000.00 and to pay separation pay to Joe. Is this award correct? Explain your
answer. (5 points)

c. Suppose at the time the NLRC came out with its Decision, Jose has already reached 60 yrs of age.
Can Jose apply for retirement benefits and at the same time avail of the separation pay awarded by
the NLRC? (5 points)

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 1 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

III

Pedrito, landed a job as a carpenter of the DMCI Construction Company. Being physically attractive,
Eldon, a senior employee of the company, took special interest to befriend him. When his
probationary period was about to expire, Eldon followed him to the men’s comfort room and after
seeing that no one else was around, Eldon maliciously placed his arm over Pedrito’s shoulder and
softly said: “You have great potential to be become regular employee and I think I can give you a
favorable recommendation. Can you come over to my room on Saturday evening so we can talk
things over? I’m sure you want to stay longer with the company.” When Pedrito was not renewed
as a regular employee of the company, he sued for illegal dismissal.

Rule on Pedrito’s claim. (5 points)

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 2 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

IV

Levi, a single parent was employed as a cashier at the Isabela City Branch office of the LBC Courier
Company. She was paid less than the minimum wage and was barely keeping up with the monthly
expenses of rearing up ten of her minor children for their needs. Levi was subsequently ordered by
management to transfer to their branch in Dagupan. For reasons of entailing additional transportation
cost, Levi questioned the legality of the transferred order and threatened to resign. Nonetheless, LBC
pushes through with its plan notwithstanding Levi’s plea for mercy saying that the transfer will leave
her children without a mother to take care of them. LBC however did not relent. Levi was thus left
with no choice but to resign. Upon the advice of a lawyer, she filed a case of illegal dismissal against
LBC.

a. Decide the as the Labor Arbiter assigned on it. (5 points)

b. What is constructive dismissal? (5 points)
c. Discuss what is management prerogative. (5 points)

A lovely young teacher, who has just recently separated from her husband, took pity on one of her
pupils, a robust and precocious 17 year old boy whose poor family could barely afford the cost of his

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 3 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

schooling. She lives alone at her house near the school after her housemaid left. In the afternoon, she
lets the boy do various chores as cleaning, fetching water and all kinds of errands after school hours.
She gives him rice and P30.00 before the boy goes home at 7:00 every night. The school principal
learned about it and charge her with violating the law which prohibits the employment of the
children below 15 years of age. In her defense, the teacher stated that the work performed by her
pupils is not hazardous, and she invoked the exception provided in the Department Order of DOLE
for the engagement of persons in domestic and household service.

Is her defense tenable? Give your reasons. (5 points)

VI

Ador de Tornato was engaged as Athletic Director by St. Andrew’s Field School, Inc. at a yearly
compensation of P50,000.00. The contract fixed a specific term for its existence, five (5) years from July
13, 2015, to June 13, 2019. Some three (3) months before the expiration of the stipulated period, Ador
de Tornato was given a copy of the report filed by the school with the Department of Labor and
Employment (DOLE) advising of the termination of his services effective on June 13, 2019, on the
ground of expiration of the definite period of employment." And a month or so later, Ador de Tornato
accepted the amount of P51,177.71, and signed a receipt stating, "full payment of contract." However,
Ador de Tornato protested the termination of his employment and argued as follows:

a. that since his services were necessary and desirable in the usual business of his employer, and his
employment had lasted for five years, he had acquired the status of a regular employee and could
not be removed except for just cause;
b. the fact that his activities is usually necessary and desirable in the business the same cannot be
made the subject of a definite period of employment.

Consequently, Ador de Tornato initiated a complaint for illegal dismissal before the Arbitration
Branch of the National Labor Relations Commission (NLRC). If you were the labor arbiter how will
you resolve the contentions of Ador Tornato. State your reasons briefly. (5 points)

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 4 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

VII

As a result of a bargaining deadlock, Samahan ng Walang Magawang Manggagawa (SWMM) filed a

notice of strike. Since the employer of Samaha ng Walang Magawang Manggagawa (SWMM) is
engaged in an industry indispensable to the national interest the Secretary of Labor and Employment
assumed jurisdiction over the dispute. The strike was prevented. In the intervening time, the
employer noted that the union staged a work slowdown and dismissed all union officers on the basis
that the slowdown was in fact an illegal strike. Kalubakib Mubalasik, a longtime law student, now a
hardliner union president, complained of illegal dismissal contending that his employer failed to
prove the fact of his involvement in the slowdown.

a. State if Kalubakib Mubalasik’s contention is tenable? (5 points)

b. Can a worker, member of SWMM, be declared to have lost his/her employment status for defiance
of the assumption order even if the worker did not participate in any illegal acts during the said
intervening period where the slowdown was committed? (5 points)

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 5 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

VIII

Jean is a resident physician in Metropolitan Hospital. She is paid a fixed salary of PhP30,000.00 a
month and her work schedule is from 7 p.m. to 6 a.m., Monday to Friday. She is provided with an
office in the Hospital. During night time, after making her rounds of the patients, she stays at her
office, watch some TV, do some reading and sleeps on her couch. One day, the Hospital
Administrator made a round of the Hospital and found her sleeping in her office. This triggered a
review of her work performance and the investigation resulted in a finding that she had been sleeping
for almost 4 hours every day during her tour of duty. The Hospital Administrator then directed the
Finance Department to deduct from the salaries of Jean, the equivalent of 4 hours because according
to her, Jean was actually not working during these four (4) hours. Is the Hospital Administrator
correct? (5 points)

IX

Sturducks Corporation, Inc. and Sturducks Labor Union, the certified bargaining agent of its
employees, concluded a CBA for the period January 1, 2013 to December 31, 2018. However, even
before the expiration of the CBA, the members of Starduck Labor Union, the minority union,
expressed its dissatisfaction with the CBA contending that the present bargaining agent is a company
union. Upon prodding of its members, Starduck Labor Union assailed the majority representation of
the incumbent union by filing a petition for a Certification Election on December 13, 2018. However,
during the pendency of the petition, Sturducks Corporation, Inc. and Sturducks Labor Union

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 6 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

extended the CBA for another three (3) years. As the Med-Arbiter, will you dismiss the petition? Why
or why not? (5 points)

During the CBA negotiation the management panel proposed a redefinition of the “rank-and-file”
bargaining unit to exclude “HR Specialist” in the human resource department and “Analyst” in the
research and development department. The union panel objected since those affected have already
been included in the bargaining unit covered by the existing CBA and so could no longer be excluded.
Is the union correct in insisting that their exclusion would amount to bad faith on the part of the
management panel? Explain. (5 points)

XI

The union president of the “Samahan ng mga Manggagawa sa Paramount” (“SMP”) talked to the
members of the rival union (Nagkakaisang Manggawa ng Paramount) to encourage them to file
charges against their President for not filing the financial report of their union with the BLR.

a. Did the President of SMP commit ULP? Explain. (5 points).

b. Suppose SMP was certified as the sole and exclusive bargaining agent of the rank and file
employees of Paramount. Angelo, a rank and file employee of Paramount, is the former president
of the rival union. He now wants to join SMP but the President of SMP does not want to admit him

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 7 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

as a member because he might cause discord within the Union. Is the President of SMP correct in
refusing to admit Angelo as member? Explain. (5 points).

XII

Alyssa, a fresh graduate of management and finance course, was hired by Millennial Investment
Company (MIC) as a stock analyst and financial adviser for a probationary period of one (1) year.
Before her hiring, management informed Alyssa of her probationary status, and that management
needs one year to assess whether she possesses the necessary skills and talent for the job since she is
inexperienced and the job of a stock analyst and financial adviser is highly technical and complicated.
After 7 months on the job, during which Alyssa had learned the intricacies of her job, management
informed her that she did not pass MIC’s standards and that her employment shall end the following
day.

a. Does Alyssa have a valid cause of action against MIC? Explain. (5 points)
b. Is the twin notice requirement in dismissal applicable in the termination of probationary
employees? Explain. (5 points)

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 8 of 9

 Standard Version of WPS Office Suite with PDF Editor - https://www.wps.com

XIII

Mr. Reyes works as the General Sales Manager of Express Telecom, a company engage in the sale and
distribution of telecommunication equipment. He receives a monthly basic salary of PhP30,000 per
month plus override commission of 1% on the sales made by his sales agents. For the past 5 years,
the company also pays him a 13th month pay equivalent to his one-month basic salary. In 2019
however the company stopped paying him the 13th month pay because the company learned that a
managerial employee is not by law entitled to a 13th month. Mr. Reyes filed a complaint with the
Labor Arbiter demanding payment of his 13th month pay. In addition he also demanded that his
1% override commission be included in the computation of his 13th month since it is also part of his
salary. Are the claims of Mr. Reyes correct? Explain. (5 points)

-NOTHING FOLLOWS-

UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 9 of 9