DEPARTMENT ORDER NO.

04 Series of 1999 HAZARDOUS WORK AND ACTIVITIES TO PERSONS BELOW 18 YEARS OF AGE

SECTION 3. Coverage. - The following work and activities are hereby declared hazardous to persons below 18 years of age without prejudice to Section 14, Article VIII of Republic Act No. 7610; to DOLE Memorandum Circular No. 2, Series of 1998 (Technical Guidelines for Classifying Hazardous and Non-Hazardous Establishments, Workplaces and Work Processes) and to other work and activities that may subsequently be declared as such: 1. Work which exposes children to physical, psychological or sexual abuse, such as in: lewd shows (stripteasers, burlesque dancers, and the like) cabarets bars (KTV, karaoke bars) dance halls bath houses and massage clinics escort service gambling halls and places 2. Work underground, under water, at dangerous heights or at unguarded heights of two meters and above, or in confined places, such as in: mining deep sea fishing/diving installing and repairing of telephone, telegraph and electrical lines; cable fitters painting buildings window cleaning fruit picking involving climbing 3. Work with dangerous machinery, equipment and tools, or which involves manual handling or transport of heavy loads, such as in: logging construction quarrying operating agricultural machinery in mechanized farming metal work and welding driving or operating havy equipment such as payloaders, backhoes, bulldozers, cranes, pile driving equipment, trailers, road rollers, tractor lifting appliances scaffold winches, hoists, excavators and loading machines operating or setting motor-driven machines such as saws, presses, and wood -working machines

 operating power-driven tools such as drills and jack hammers stevedoring working in airport hangars working in warehouses working in docks 4. Work in unhealthy environment which may expose children to hazardous processes, to temperatures, noise levels or vibrations damaging to their health, to toxic, corrosive, poisonous, noxious, explosive, flammable and combustible substances or composites, to harmful biological agents, or to other dangerous chemicals including pharmaceuticals, such as in: manufacture or handling of pyrotechnics tanning pesticide spraying blacksmithing, hammersmiths, forging extracting lard and oil tiling and greasing of heavy machinery fiber and plastic preparing bleaching, dyeing, and finishing of textiles using chemicals embalming and as undertakers painting and as finishers in metal craft industries applying of adhesive/solvent in footwear, handicraft, and woodwork industries brewing and distilling of alcoholic beverages recycling of batteries and containers or materials used or contaminated with chemicals working in abattoirs or slaughterhouses garbage collecting handling of animal manure in poultry houses or as fertilizers (compost and other decaying matter included) in farming working in hospitals or other health care facilities assisting in laboratories and x-ray work welding working in furnaces and kilns working in discotheques working in video arcades 5. Work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer.

MEMORANDUM CIRCULAR NO. O2 Series of 1998 SUBJECT: Technical Guidelines for Classifying Hazardous and NonHazardous Establishments, Workplaces and Work Processes Section 3. Criteria for Classifying Hazardous Establishments or Workplaces An establishment or workplace may be classified as hazardous if any of the conditions provided under Rule 1013 of the OSHS has been confirmed, as follows: a) Where the nature of the work exposes the workers to dangerous environmental elements, contaminants or work conditions including ionizing radiation, chemicals, fire, flammable substances, noxious components and the like; b) Where the workers are engaged in construction work logging, fire fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming; c) Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnics products; d) Where the workers use or are exposed to power-driven or explosive powder actuated tools; and e) Where the workers are exposed to biologic agents like bacteria, fungi, viruses, protozoa, nematodes and other parasites. Section 4. Criteria for Classifying Hazardous Processes, Activities or Operations The following processes, activities or operations may be classified as hazardous: a) Manufacture or handling of hazardous materials or substances, including explosives and pyrotechnic products; liquefied petroleum gas (LPG) and petrochemical products; toxic or corrosive chemicals or mixtures or combination thereof; fertilizers and pesticides (particularly those banned or restricted pursuant to FPA Circular No. 04, Series of 1989); radioactive isotopes, substances, or materials, highly flammable and toxic gases; flammable and combustible liquids (e.g., paints, thinners, alcohol); glass and other similar products; combustible metals (e.g., magnesium, titanium) in large quantities; asbestos and other similar products. b) Hazardous work processes or operations, including productions of chemicals which may expose workers to harmful levels of such chemicals; machining, hot welding and cutting operations;mining, quarrying, drilling, blasting and other related operations; construction and demolition works as defined by DOLE; logging and woodworking operations involving the use of power tools; metal milling, fabrication, forming, cutting and othet similar processes; operations involving the use of thermal equipment such as furnaces and induction heaters used in the manufacture of plastics or metal products; opration or use of pressurized equipment or tools with operating pressures of 15 psig. or higher; and operations involving work in

confined spaces where there is probability of workers being exposed to oxygen-deficient, toxic or explosive atmosphere. Section 5. Criteria for Classifying Exposure to Environmental Elements as Hazardous The following degrees or types of exposure to particular environmental elements may be classified as hazardous: 248 a) Exposure to airborne contaminants, if the nature of regular or normal work process exposes an employee to conditions over normal levels of intake of or exposure to airborne contaminants, as provided for in Table 8-Threshold Limit Values for Airborne Contaminants of the OSHS; b) Exposure to biologic agents in accordance with varying occupational conditions, taking into account the biologic hazards to employees in terms of direct exposure; the risk from prolonged or repeated exposure; and the concentration level or dose of exposure; c) Exposure or risk of exposure to ionizing radiation in doses exceeding 1 millisievert per year (mSv/yr.) or 100 milliRem per year (mRem/yr.) of ionizing radiation shall be classified as hazardous (e.g., processes that involve the use of x-ray equipment and other similar radiation sources); d) Exposure to fields of radio-frequency (RF) and microwave (MW) radiation with power densities equal to or greater than 5 milliwart per square centimeter (mW/cm2) or an average specific absorption rate equal to 4 W/kg. or greater (e.g., immediate vicinity of radio and television transmission towers and antennas); e) Exposure to infra-red radiation in doses of at least 10 mW/cm2 for more than five (5) minutes, such workplace is considered hazardous (e.g., operations involving the use of infra-red light sources for the protection of photosensitive materials and processes); f) Exposure to ultraviolet (UV) radiation at an energy level of at least 6.0 mJ/cm2 (millijoule per square centimeter) and wavelength above 300 nm. (nanometers), or where the workers eyes are exposed to UV radiation at an energy level og 4.0 mJ/cm2 (e.g., processes which involve the use of UV light in order to enhance contrast as in fine embroidery work); and g) Exposure to visible light radiation with a dose of 10 mJ/cm2 (e.g., high intensity lasers; activities such as filming or shooting which employ the use of high capacity lamps or light sources). Section 6. Criteria for Classifying the Use of or Exposure to Power-Driven and Similar Tools The use of or exposure to power-driven, pressure-driven or explosive powder-actuated tools may

be classified as hazardous, subject to the following conditions: a) The presence of power tools in certain areas of an establishment shall not warrant automatic classification of the entire establishment as hazardous. Such classification may be justified when the normal operation of the tools has the potential of at least causing a disabling injury, or when the tools are used in the course of regular operation or part of the regular production process. An operation shall be considered regular if it is performed for the purpose of completing a normal production cycle; b) An establishment or workplace using a power tool as part of regular processes or operations may be considered as hazardous: i. If the power tool has an exposed moving, cutting, shearing, boring, drilling, or sharp edge and is capable of causing any form of disabling injury during its normal operation; ii. If it has heated or heat-producing parts which can come into contact with an employees body and has enough heat to cause at least first degree burns; iii. If it has an exposed reciprocating, moving or percussion-actuated part between which any part of an employees body may get caught, thereby causing any form of disabling injury. iv. If it generates noise equal to or above the permissible noise level under Rule 1074 of the OSHS. 249 v. If it normally emits any airborne contaminant above the prescribed Threshold Limit Value (TLV) of the OSHS. vi. Where there is a strong possibility of contact with any energized part with a potential difference of at least 50 volts AC or DC during the normal operations of the tool; vii. Where the part of the tool in contact with the workers hand or body produces significant vibrations; and viii. If the tool is not provided with suitable and effective safety control mechanism.

RA 7610 Section 12. Employment of Children. Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed:

Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or (2) When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection, health, safety and morals of the child; (b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and; (c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement. The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.

RA 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995." Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful. Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall: (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions. (b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees. In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken. Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief. Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. Section 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration. Section 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

RA7277 REPUBLIC ACT NO. 9442 April 30, 2007

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. A new chapter, to be denominated as "Chapter 8. Other Privileges and Incentives" is hereby added to Title Two of Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons", with new Sections 32 and 33, to read as follows: "CHAPTER 8. Other Privileges and Incentives "SEC. 32. Persons with disability shall be entitled to the following: (a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability; (b) A minimum of twenty percent (20%) discount on admission fees charged by the theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use or enjoyment of persons with disability; (c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability; (d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH); (e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH; (f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability; (g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of persons with disability; (h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, In both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning materials, and uniform allowance to the extent

feasible:provided, that persons with disability shall meet minimum admission requirements; (i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual service; (j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and (k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them. The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto: (I) An identification card issued by the city or municipal mayor the barangay captain of the place where the person with disability resides; (II) The passport of the persons with disability concerned; or (III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). The privileges may not be claimed if the persons with disability claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount program/s. The establishments may claim the discounts granted in sub-sections (a), (b), (c), (e), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: provided, however, That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: provided, further, That the total amount of the claimed tax deduction net of value-added tax if applicable, shall be Included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended." "SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the following incentives; (a) persons with disability shall be treated as dependents under Section 35(A) of the National Internal Revenue Code, as amended and as such, individual taxpayers

caring for them shall be accorded the privileges granted by the code Insofar as having dependents under the same section are concerned; and (b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following: (i) Realty tax holiday for the first five years of operation; and (ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home residential community or retirement village." SEC. 2. Republic Act No. 7277 is hereby amended by inserting a new title, chapter and section after Section 38 to be denominated as Title 4, chapters 1 and 2 and Sections 39, 40, 41 and 42 to read as follows: "Title Four Prohibitions on Verbal, Non-verbal Ridicule and VilificationAgainst Persons with Disability "CHAPTER 1. Deliverance from Public Ridicule. "SEC. 39. Public Ridicule . - For purposes of this Chapter, public ridicule shall be defined as an act of making fun or contemptuous initiating or making mockery of persons with disability whether in writing or in words, or in action due to their impairment/s. "SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter. "CHAPTER 2. Deliverance from Vilification "SEC. 41. Vilification. - For purposes of this chapter, vilification shall be defined as: (a) the utterance of slanderous and abusive statements against a person with disability; and/or (b) An activity in public which incites hatred towards serious contempt for, or severe ridicule of persons with disability." "SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter."

SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows: "SEC. 46. Penal Clause. (a) Any person who violates any provision of this Act shall suffer the following penalties: (1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and (2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court. (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court. (c) If the violator is a corporation organization or any similar entity, the officials thereof directly involved shall be liable therefore. (d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings. Upon filing of an appropriate complaint, and after notice and hearing the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act." Sec. 4. The title of Republic Act No. 7277 is hereby amended to read as the "Magna Carta for Persons with Disability", and all references on the said law to "disabled persons" shall likewise be amended to read as "persons with disability". SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate an agencies, organizations, establishments shall formulate an implementing rules and regulations pertinent to the provisions of this Act within six months after the effectivity of this Act. SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.

REPUBLIC ACT NO. 8791

May 23, 2000

AN ACT PROVIDING FOR THE REGULATION OF THE ORGANIZATION AND OPERATIONS OF BANKS, QUASI-BANKS, TRUST ENTITIES AND FOR OTHER PURPOSES Section 55. Prohibited Transactions. 55.4. Consistent with the provisions of Republic Act No. 1405, otherwise known as the Banks Secrecy Law, no bank shall employ casual or non regular personnel or too lengthy probationary personnel in the conduct of its business involving bank deposits.

Republic Act No. 8504

February 13, 1998

AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM, STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES

ARTICLE VII DISCRIMINATORY ACTS AND POLICIES Sec. 35. Discrimination in the workplace. Discrimination in any form from preemployment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.

G.R. No. 122917 MARITES BERNARDO et al. vs. NLRCTHIRD DIVISION / PANGANIBAN, J. Daylo, Jerome Dela CruzJuly 12, 1999 Series:

FACTS: The 43 petitioners are deaf-mutes who were hired on various periods from 1988 to 1993 by respondent Far EastBank and Trust Co. as Money Sorters and Counters through a uniformly worded agreement called "Employment Contractfor Handicapped Workers". The said agreement provides for the manner of how they are hired and be rehired, the amountof their wages (P118.00 per day), period of employment (5 days a week, 8 hours a day, training for 1 month, 6 monthsperiod) and the manner and methods of how their works are to be done (Sort out bills according to color; Count eachdenomination per hundred, either manually or with the aid of a counting machine; Wrap and label bills per hundred; Putthe wrapped bills into bundles; and Submit bundled bills to the bank teller for verification.) Many of their employmentswere renewed every six months. Claiming that they should be considered as regular employees they filed a complaint for illegal dismissal and recovery of various benefits. Labor arbiters decision: complaint is dismissed for lack of merit (the terms of the contract shall be the law between the parties.). Affirmed by the NLRC (Art. 280 is not controlling herein but Art. 80) (the Magna Carta for Disabled Persons wasnot applicable, "considering the prevailing circumstances of the case.") and denied motion for reconsideration. ISSUES: Does petitioners considered as regular employees? LAW: Art.78 & 80 of the Labor Code and the Magna Carta for Disabled Persons. RULING: Yes. The petition is meritorious. However, only the employees, who worked for more than six months and whosecontracts were renewed are deemed regular. Hence, their dismissal from employment was illegal.The stipulations in the employment contracts indubitably conform with Article 80, however, the application of Article 280 of the Labor Code is justified because of the advent of RA No. 7277 (the Magna Carta for Disabled Persons) whichmandates that a qualified disabled employee should be given the same terms and conditions of employment as a qualifiedable-bodied person (compensation, privileges, benefits, fringe benefits, incentives or allowances) 27 of the petitioners areconsidered regular employees by provision of law regardless of any agreement between the parties as embodied in article280 in relation to article 281 of the Labor Code.The test is whether the former is usually necessary or desirable in the usual business or trade of the employer. Hence, theemployment is considered regular, but only with respect to such activity, and while such activity exist. Without a doubt, thetask of counting and sorting bills is necessary and desirable to the business of respondent bank.When the bank renewed the contract after the lapse of the six-month probationary period, the employees thereby becameregular employees. No employer is allowed to determine indefinitely the fitness of its employees. Those who have workedfor only 6 months and employments were not renewed are not considered regular employees. OPINION