Does the NLRC commit grave abuse of discretion if it finds the violation of a return to work order despite the

failure of an employer to prove otherwise? Yes. Where the employer fails to satisfactorily establish any violation of the Labor Secretary's retun-to-work-order, any contrary finding by the Labor rbiter and the !ational Labor "elations #ommission is committed with grave abuse of discretion. What are the elements of the crime of illegal recruitment in large scale? $he essential elements of the crime of illegal recruitment in large scale are% &'( the accused engages in acts of recruitment and placement of workers defined under rt. ')&b( or in any prohibited activities under rt. )* of the Labor #ode+ &,( the accused has not complied with the guidelines issued by the Secretary of Labor and -mployment, particularly with respect to the securing of a license or an authority to recruit and deploy workers, either locally or overseas+ and &)( the accused commits the unlawful acts against three or more persons, individually or as a group. When is abandonment a valid ground for dismissal? .or an abandonment to constitute a valid ground for dismissal there must be a clear, deliberate and un/ustified refusal to resume employment and a clear intention to sever the employeremployee relationship on the part of the employee. How is an appeal taken to the NLRC? n appeal from the Labor rbiter's decision to the !L"# may be taken &'( by filing a verified memorandum of appeal and &,( by paying the appeal fees within ten calendar days from receipt of a decision, award or order of the Labor rbiter, both of which re0uisites must be satisfied, otherwise the running of the prescriptive period for perfecting an appeal will not be tolled. s the !ecretary of Labor empowered to determine the effectivity of arbitral awards? 1n the absence of a specific provision of law prohibiting retroactivity of the effectivity of arbitral awards issued by the Secretary of Labor, he is deemed vested with plenary and discretionary powers to determine the effectivity thereof. How are findings of fact by the Labor Department treated upon appeal? .actual findings of 0uasi-/udicial agencies, like the labor department, which have ac0uired e2pertise in matters entrusted to their /urisdiction are accorded by the Supreme #ourt not only respect but finality if supported by substantial evidence . n recruitment and placement" who is a non licensee or non holder of authority? non-licensee or non-holder of authority means any person, corporation or entity which has not been issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor, or whose license or authority to engage in recruitment and placement by the Secretary of Labor, or whose license or authority has been suspended, revoked or cancelled by the 34- , or the Secretary. What elements consitute abandonment of work?

$o constitute abandonment, two elements must concur% &'( the failure to report for work or absence without valid or /ustifiable reason, and &,( a clear intention to sever the employeremployee relationship. 1f the employee's aim is to secure the benefits due them from their employer, abandonment would surely be an illogical and impractical recourse, especially for simple laborers. s mere absence from work considered as abandonment? .or abandonment to arise, there must be concurrence of two things% &'( lack of intention to work+ and &,( the presence of overt acts signifying the employee's intention not to work. While absence from work for a prolonged period may suggest abandonment in certain instances, mere absence of one or two days would not be enough to sustain such a claim. How is an employee dismissed based on loss of trust and confidence? Loss of trust and confidence to be a valid ground for an employee's dismissal must be clearly established. breach is willful if it is done intentionally, knowingly and purposely, without /ustifiable e2cuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. 1t must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion, otherwise, the employee would remain at the mercy of the employer. When are moral damages available in dismissal cases? 1n dismissal cases, moral damages are recoverable only where the dismissal of the employee was attended by bad faith or constituted an act oppressive to labor or was done in a manner contrary to morals, good customs or public policy while e2emplary damages may be awarded only if the dismissal was effected in a wanton, oppressive or malevolent manner. #re managerial personnel entitled to labor law protection? 5anagerial personnel and other employees occupying positions of trust and confidence are entitled to security of tenure, fair standards of employment, and the protection of labor laws. 6owever, the rules on termination of employment, penalties for infractions, and resort to concerted action are not necessarily the same as those for ordinary employees. What is the effect of a strike undertaken despite issuance of an assumption order by the !ecretary of Labor? strike that is undertaken despite the issuance by the Secretary of Labor of an assumption or certification order becomes a prohibited activity and thus illegal, pursuant to the second paragraph of rt. ,7* of the Labor #ode as amended &8amboanga Wood 3roducts, 1nc. v. !L"#, 9.". :,;::, 4ctober '), '<:<+ '=: S#" *:,(. $he >nion officers and members, as a result, are deemed to have lost their employment status for having knowingly participated in an illegal act. #re non$members of a union entitled to the benefits of a C%# entered into by the union and employer? When a collective bargaining contract is entered into by the union representing the employees and the employer, even the non-member employees are entitled to the benefits of the contract. $o accord its benefits only to members of the union without any valid reason would constitute undue discrimination against nonmembers. 1t is even conceded, that a laborer can claim benefits from a #? entered into between the company and the union of which he is a member at the time of the conclusion of the agreement, after he has resigned from said union.

What is permanent total disability? 3ermanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment could do. 1t does not mean absolute helplessness.1t has also been held that in disability compensation, it is not the in/ury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity. s the approval of the &'(# necessary for the validity of a contract for overseas employment? rticle ,'&c( of the Labor #ode re0uires that the 3hilippine 4verseas -mployment dministration &formerly !S?( should approve and verify a contract for overseas employment. contract, which is approved by the !ational Seamen ?oard is the law between the contracting parties+ and where there is nothing in it which is contrary to law, morals, good customs, public policy or public order, the validity of said contract must be sustained. What are the essential elements of due process in cases of employee dismissal? $he twin re0uirements of notice and hearing constitute essential elements of due process in cases of employee dismissal% the re0uirement of notice is intended to inform the employee concerned of the employer's intent to dismiss and the reason for the proposed dismissal+ upon the other hand, the re0uirement of hearing affords the employee an opportunity to answer his employer's charges against him accordingly to defend himself therefrom before dismissal is effected. !either of these two re0uirements can be dispensed with without running afoul of the due process re0uirement of the '<:= #onstitution. What is the definition of wage? @Wage@ paid to any employee shall mean the remuneration or earnings, however designated, capable of being e2pressed in terms of money, whether fi2ed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor, of board, lodging, or other facilities customarily formatted by the employer to the employee. n a certification election" does a med$arbiter have the power to determine who the eligible voters are? >nder rticle ,A7 of the Labor #ode, to have a valid certification election at least a ma/ority of all eligible voters in the unit must have cast their votes. 1t is apparent that incidental to the power of the med-arbiter to hear and decide representation cases is the power to determine who the eligible voters are. 1n so doing, it is a2iomatic that the med-arbiter should determine the legality of the employees' membership in the union. What are the two methods used in the ad)ustment of minimum wage? 6istorically, legislation involving the ad/ustment of the minimum wage made use of two methods. $he first method involves the fi2ing of determinate amount that would be added to the prevailing statutory minimum wage. $he other involves @the salary-ceiling-method@ whereby the wage ad/ustment is applied to employees receiving a certain denominated salary ceiling.

When is the taking of private property under the Comprehensive #grarian Reform Law an e*ercise of police power and when is it an e*ercise of eminent domain? $he issue of the constitutionality of the taking of private property under the # "3 Law has already been settled by the Supreme #ourt holding that where the measures under challenge merely prescribe the retention limits for landowners, there is an e2ercise of police power by the government, but where to carry out such regulation, it becomes necessary to deprive such owners of whatever lands they may own in e2cess of the ma2imum area allowed, then there is definitely a taking under the power of eminent domain for which payment of /ust compensation is imperative. $o be sure, the determination of /ust compensation is a function addressed to the courts of /ustice and may not be usurped by any branch or official of the government. What is the essence of +minimum wage+? @5inimum wages@ underlies the effort of the State, as "epublic ct !o. 7=,= e2presses it, @to promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the workers and their families+ to guarantee the rights of labor to its /ust share in the fruits of production+ to enhance employment generation in the countryside through industry dispersal+ and to allow business and industry reasonable returns on investment, e2pansion and growth,@ and as the #onstitution e2presses it, to affirm @labor as a primary social economic force. Does a certifcate of land title granted under &,D, -. vest ownership to the farmer/grantee? $he mere issuance of the certificate of land transfer does not vest in the farmerBgrantee ownership of the land described therein. t most, the certificate merely evidences the government's recognition of the grantee as the party 0ualified to avail of the statutory mechanisms for the ac0uisition of ownership of the land titled by him as provided under 3residential Cecree !o. ,=. !either is this recognition permanent nor irrevocable. $hus, failure on the part of the farmerBgrantee to comply with his obligation to pay his lease rentals or amortiDation payments when they fall due for a period of two &,( years to the landowner or agricultural lessor is a ground for forfeiture of his certificate of land transfer. Can a person be denied !ervice ncentive Leave and thirteenth month pay? $he award of Service 1ncentive Leave pay is a statutory benefit which cannot be denied to employees &See rticle <A, Labor #ode(, the same is true with respect to the ')th month pay since 3.C. :A' states that @all employers are re0uired to pay all their employees receiving a basic salary of not more than 3',;;;.;; a month, regardless of the nature of their employment, a ')th month pay not later than Cecember ,* of every year. #re articles -01 and -02 of the Labor Code still valid and operational? Yes. !o law has ever been passed by #ongress e2pressly repealing rticles ,7) and ,7* of the Labor #ode. !either may the '<:= #onstitution be considered to have impliedly repealed the said rticles considering that there is no showing that said articles are inconsistent with the said #onstitution. 5oreover, no court has ever declared that the said articles are inconsistent with the '<:= #onstitution. 4n the contrary, the continued validity and operation of rticles ,7) and ,7* of the Labor #ode has been recogniDed by no less than the #ongress of the 3hilippines when the latter enacted into law ". . 7='A, otherwise known as 6errera Law, Section ,= of which amended paragraphs &g( and &i( of rticle ,7) of the Labor #ode. Do #rticles -01 3g4 and -02 of the Labor Code have any constitutional foundation?

1t must be noted that rticles ,7) &g( and ,7* of the Labor #ode have been enacted pursuant to the police power of the State, which has been defined as the power inherent in a 9overnment to enact laws, within constitutional limits, to promote the order, safety, health, morals and general welfare of society &3eople vs. Eera "eyes, 7= 3hil. '<;(. $he police power, together with the power of eminent domain and the power of ta2ation, is an inherent power of government and does not need to be e2pressly conferred by the #onstitution. $hus, it is submitted that the argument that rticles ,7) &g( and ,7* of the Labor #ode do not have any constitutional foundation is legally inconse0uential. What is the nature of assumption and certification orders of the !ecretary of Labor? $he underlying principle embodied in rt. ,7*&g( on the settlement of labor disputes is that assumption and certification orders are e2ecutory in character and are to be strictly complied with by the parties even during the pendency of any petition 0uestioning their validity. $his e2traordinary authority given to the Secretary of Labor is aimed at arriving at a peaceful and speedy solution to labor disputes, without /eopardiDing national interests. Can striking workers continue with their strike even after an assumption order is made by the !ecretary of Labor? "egardless therefore of their motives, or the validity of their claims, the striking workers must cease andBor desist from any and all acts that tend to, or undermine this authority of the Secretary of Labor, once an assumption andBor certification order is issued. $hey cannot, for instance, ignore return-to-work orders, citing unfair labor practices on the part of the company, to /ustify their actions. What is the nature of a return to work order? $he return to work order does not so much confer a right as it imposes a duty+ and while as a right it may be waived, it must be discharged as a duty even against the worker's will. "eturning to work in this situation is not a matter of option or voluntariness but of obligation. $he worker must return to his /ob together with his co-workers so the operations of the company can be resumed and it can continue serving the public and promoting its interest. Can a return$to$work order be issued pending the determination of the legality or illegality of the strike? 1t must be underscored thatthe return-to-work order is issued pending the determination of the legality or illegality of the strike. 1t is not correct to say that it may be enforced only if the strike is legal and may be disregarded if the strike is illegal, for the purpose precisely is to maintain the status 0uo while the determination is being made. 4therwise, the workers who contend that their strike is legal can refuse to return to work to their work and cause a standstill on the company operations while retaining the positions they refuse to discharge or allow the management to fill. Worse, they will also claim payment for work not done, on the ground that they are still legally employed although actually engaged in the activities inimical to their employer's interest. What is the effect of an assumption and/or certification order of the !ecretary of Labor? n assumption andBor certification order of the Secretary of Labor automatically results in a return-to-work of all striking workers, whether or not a corresponding order has been issued by the Secretary of Labor. rticle ,7*&g( is clear, once an assumptionBcertification order is issued, strikes are en/oined, or if one has already taken place, all strikers shall immediately return to work.

What is the nature of the assumption of )urisdiction by the !ecretary of Labor over labor disputes? $he assumption of /urisdiction by the Secretary of Labor over labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest is in the nature of a police power measure.$he compelling consideration of the Secretary's assumption of /urisdiction is the fact that a prolonged strike or lockout is inimical to the national economy and thus, the need to implement some measures to suppress any act which will hinder the company's essential productions is indispensable for the promotion of the common good. What is the function of the NLRC when it is sitting in a compulsory arbitration certified to by the !ecretary of Labor? When sitting in a compulsory arbitration certified to by the Secretary of Labor, the !L"# is not sitting as a /udicial court but as an administrative body charged with the duty to implement the order of the Secretary. 1ts function only is to formulate the terms and conditions of the #? and cannot go beyond the scope of the order. 5oreover, the #ommission is further tasked to act within the earliest time possible and with the end in view that its action would not only serve the interests of the parties alone, but would also have favorable implications to the community and to the economy as a whole. $his is the clear intention of the legislative body in enacting rt. ,7) paragraph &g( of the Labor #ode, as amended by Section ,= of ". . 7'=A. What must an accusation of unfair labor practice include? We have already held that when a labor union accuses an employer of acts of unfair labor practice allegedly committed during a given period of time, the charges should include all acts of unfair labor practice committed against any and all members of the union during that period. $he union should not, upon dismissal of the charges first preferred, be allowed to split its cause of action and harass the employer with subse0uent charges based upon acts committed during the same period of time &Cionela, et al. v. #1", !o. L-'<))*, ugust )', '<7), : S#" :), at :)=(. What must an employer establish in dismissal of employees based on loss of confidence? !ow, there is no gainsaying that loss of confidence is a recogniDed ground for the discharge of an employee from employment. ?ut such a ground must be founded from facts established by substantial evidence. nd the burden of establishing such facts as reasonably cause loss of confidence in an employee such facts as reasonably generate belief by the employer that the employee is connected with some misconduct and the nature of his participation therein is such as to render him unworthy of the trust and confidence demanded of his position is on the employer. $he fact that the employee has been absolved in a criminal prosecution involving said misconduct does not preclude the employer from attempting to prove the same before the labor arbiter or the latter from accepting that evidence as sufficient foundation for a finding of lawful termination of employment. Withal, the employer's evidence, although not re0uired to be of such degree as is re0uired in criminal cases, i.e., proof beyond reasonable doubt, must be substantial, must clearly and convincingly establish the facts upon which loss of confidence in the employee may fairly be made to rest. What are the )ust causes for the dismissal of an employee? >nder rticle ,:, of the Labor #ode, an employer may terminate an employment for any of the following causes% &a( Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work+

&b( 9ross and habitual neglect by the employee of his duties+ &c( .raud or willful breach by the employee of the trust reposed in him by his employer or duly authoriDed representative+ &d( #ommission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authoriDed representatives+ and &e( 4ther causes analogous to the foregoing. #re there instances wherein separation pay needs to be paid by the employer even if the employee was validly dismissed? $he only cases when separation pay shall be paid, although the employee was lawfully dismissed, are when the cause of termination was not attributable to the employee's fault but due to% &'( the installation of labor-saving devices, &,( redundancy &)( retrenchment, &*( cessation of the employer's business, or &A( when the employee is suffering from a disease and his continued employment is prohibited by law or is pre/udicial to his health and to the health of his coemployees. & rticles ,:) and ,:*, Labor #ode.( 4ther than these cases, an employee who is dismissed for a /ust and lawful cause is not entitled to separation pay even if the award were to be called by another name. What are the elements of the crime of illegal recruitment? $o prove illegal recruitment, only two elements need be shown, &'( the offender undertakes either any activity within the meaning of Frecruitment and placementG defined under rt. ') &b(, or any of the prohibited practices enumerated under rticle )* of the Labor #ode+ and &,( he has no valid license or authority re0uired by law to enable one to lawfully engage in recruitment and placement of workers. When is there labor$only contracting? $here is Flabor-onlyG contracting where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, e0uipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. Why does the &'(# re5uire cash and surety bonds from recruitment and placement agencies? #ash and surety bonds are re0uired by the 34- from recruitment and employment companies precisely as a means of ensuring prompt and effective recourse against such companies when held liable for applicantHs or workerHs claims. $he cash and surety bonds shall answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license, andBor accreditations and contracts of employment. $he bonds shall likewise guarantee compliance with the provisions of the #ode and its implementing rules and regulations relating to recruitment and placement, the 34- "ules and relevant issuances of the Cepartment and all liabilities which the 34- may impose. How is the e*istence of an employer$employee relationship determined by law? $o determine the e2istence of an employer-employee relationship, the Supreme #ourt in a long line of decisions has invariably applied the following four-fold test% I'J the selection and engagement of the employee+ I,J the payment of wages+ I)J the power of dismissal+ and I*J the power to control the employee's conduct. mong the four re0uisites, control is deemed the most important that the other re0uisites may even be disregarded. >nder the control test, an employeremployee relationship e2ists if the @employer@ has reserved the right to control the @employee@ not

only as to the result of the work done but also as to the means and methods by which the same is to be accomplished. 4therwise, no such relationship e2ists. What is the test used to determine whether an employee has supervisory or managerial status? $he Supreme #ourt has ruled on numerous occasions that the test of supervisory or managerial status is whether an employee possesses authority to act in the interest of his employer which authority is not merely routinary or clerical in nature but re0uires use of independent /udgment. What governs the determination of the nature of employment is not the employee's title, but his /ob description. 1f the nature of the employee's /ob does not fall under the definition of @managerial@ or @supervisory@ in the Labor #ode, he is eligible to be a member of the rank-and-file bargaining unit. &3ier : rrastre K Stevedoring Services, 1nc. vs. #onfesor, et.al., ,*' S#" ,<* I'<<AJ( am an illegally dismissed government employee" am entitled to receive full backwages from the time was ilegally dismissed? #6 civil service employee illegally terminated from the service is entitled to back salaries limited only to a ma2imum period of five years, not to full back salaries from her illegal termination up to her reinstatement. I5arohombsar v. #ourt of ppeals, ),7 S#" 7,, =)-=* &,;;;(, citing San Luis v. #ourt of ppeals, '=* S#" ,A: &'<:<(+ $an, Lr. v. 4ffice of the 3resident, ,,< S#" 7== &'<<*(.J #re moral damages a mater of right in an illegal dismissal case? #6 !o. 1n an illegal dismissal case moral damages are recoverable only where the dismissal was attended by bad faith or fraud, or constituted an act oppressive to labor, or was done in a manner contrary to morals, good customs or public policy. What is the nature of redundancy as an authori7ed cause for dismissal? #6 "edundancy, for purposes of the Labor #ode, e2ists where the services of an employee are in e2cess of what is reasonably demanded by the actual re0uirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as overhiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise. &Wiltshire .ile #o., 1nc. v. !L"#, '<) S#" 77A I'<<'J(