Handicapped Workers

RA 9442: MAGNA CARTA FOR PERSONS WITH DISABILITY

• inclusion of a new chapter in title II of the Act for other privileges and incentives
• changed to MAGNA CARTA FOR PERSONS WITH DISABILITY

RA 7277: MAGNA CARTA FOR DISABLED PERSONS

• (a). Disabled Persons are those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being;
• (b). Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure of function;
  
  
  (c). Disability       shall mean 

  (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual;

  
  

  (2) a record of such an impairment; or

  
  

  (3) being regarded as having such an impairment;

  
  
  
  
  (d). Handicap       refers to a disadvantage for a given individual resulting from an impairment or a disability, that limits or prevents the functions or activity, that is considered normal given the age and sex of the individual;
  
  
  (e). Rehabilitation       is an integrated approach to physical, social, cultural, spiritual, educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability;
  
  
  (f). Social Barriers       refer to the characteristics of institutions, whether legal, economic, cultural, recreational or other, any human group, community, or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include negative attitudes which tends to single out and exclude disabled persons and which distort roles and interpersonal relationship;
  
  
  (g). Auxiliary Aids and Services include:

  1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments;

  
  
  

  2) qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;

  
  
  

  3) acquisition or modification of equipment or devices; and

  
  
  

   4) other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability;

  
  
  
  
  (h). Reasonable Accommodation include

  (1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and

  
  
  

  (2) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provisions of auxiliary aids and services, and other similar accommodations for disabled persons;

  
  
  
  
  (i). Sheltered Employment refers to the provision of productive work for disabled persons through workshop providing special facilities, income producing projects or homework schemes with a view to given them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry.
  
  
  (j). Auxiliary Social Services are the supportive activities in the delivery of social services to the marginalized sectors of society;
  
  
  (k). Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood or whose incomes fall below poverty threshold;
  
  
  (l). Qualified Individual with a Disability shall mean an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration shall be given to the employer’s judgement as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job;
  
  
  (m). Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include
  
  

   1) the nature and cost of the action;

  
  
  
  

  2) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;

  
  
  
  

  3) the overall financial resources of the covered entity with respect to the number of its employees; the number, type and location of its facilities; and

  
  
  
  

   4) the type of operation or operations of the covered entity, including the composition, structure and functions of the work force of such entity; the geographic separateness, administrative or fiscal relationship of the facilities in question to the covered entity;

  
  
  
  
  (n). Public Transportation means transportation by air, land and sea that provides the public with general or special service on a regular and continuing basis

RA 7610: SPECIAL PROTECTION AGAINST CHILD ABUSE

Section 12, on Working Children

children below 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.

RA 9231: amending RA 7610

• Sec. 2. the term child shall apply to all persons under eighteen (18) years of age
• added new sections to Section 12 of RA 7610
• 12-A. 
• "(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day;
• "(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week;
• "(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day."

Department Order No. 75, Series of 2006

Revised Rules for the Issuance of Employment Permits to Foreign Nationals

• all foreign nationals who intend to engage in gainful employment in the Philippines shall apply for AEP (Alien Employment Permit), except:
• all members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Phil government
• officers and staff of international organizations of which the Philippines is a member, and their legitimate spouses desiring to work in the Philippines
• Foreign nationals elected as members of the Governing Board who do not occupy any other position, but only voting rights in the corporation
• all foreign nationals granted exemption by law
• owners and representatives of foreign principals whose companies are accredited by POEA who come to the Phil for a limited period and solely for the purpose of interviewing applicants for employment abroad
• foreign nationals who come to the Phils to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; 
• resident foreign nationals

Special Labor Laws

RA 6640 : AN ACT PROVIDING FOR AN INCREASE IN THE WAGE OF PUBLIC OR GOVERNMENT SECTOR EMPLOYEES ON A DAILY WAGE BASIS AND IN THE STATUTORY MINIMUM WAGE AND SALARY RATES OF EMPLOYEES AND WORKERS IN THE PRIVATE SECTOR AND FOR OTHER PURPOSES

• December 10, 1987
• all workers and employees in the government sector shall have an increase of P10.00 per day
• private sector: increase of P10.00 per day
• non-agri workers and employees outside of Manila - P11.00
• if already receiving above minimum wage, P10.00
• domestic helpers and persons employed in personal services of another not included
• when distortion in wage gives rise to a dispute, it shall be settled voluntarily through compulsory arbitration by NLRC's branch having jurisdiction over the workplace
• wage distortion shall mean a situation where a legislated increase in the minimum wages results in the elimination or severe contraction on intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions  embodied in such wage structure 
• all workers paid by result shall receive not less than the statutory minimum wage per 8hrs work a day or a proportion thereof for work less than 8hrs per day
• learners, apprentices, handicapped workers shall receive not less than 75% of the applicable minimum wage 

RA 6727 : AN ACT TO RATIONALIZE WAGE POLICY DETERMINATION BY ESTABLISHING THE MECHANISM AND PROPER STANDARDS THEREFOR, AMENDING FOR THE PURPOSE ARTICLE 99, AND INCORPORATING ARTICLES 120, 121, 122, 123, 124, 126, 127 INTO, PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, FIXING NEW WAGE RATES, PROVIDING WAGE INCENTIVES FOR INDUSTRIAL DISPERSAL TO THE COUNTRYSIDE, AND FOR OTHER PURPOSES

• also known as the "Wage Rationalization Act"
• amending Arts. 99, 120-124, 126-127 of PD 442 (Labor Code of the Philippines)
• all private establishments with 25 employees and located within 1 km radius to a commercial, savings or rural bank shall pay the wages and other benefits of their employees through any of said banks and within the period of payment of wages fixed by PD 442
• National Wages Council under EO 614 and National Productivity Commission under EO 615 are hereby abolished.

RA 6758 : AN ACT PRESCRIBING A REVISED COMPENSATION AND POSITION CLASSIFICATION SYSTEM IN THE GOVERNMENT AND FOR OTHER PURPOSES

• also known as the "Compensation and Position Clarification Act of 1989"
• August 21, 1989
• shall apply to all positions, appointive or elective, on full time or part time basis created in the government, including GOCCs and government financial institutions
• amending PD 985
• salary grade, level 33 as the highest for the President of the Philippines

RA 8042 : MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

• Definitions: 
• overseas filipino worker - person who is to be engaged or has been engaged in a renumerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or on installation located offshore or on high seas; to be used interchangeably with migrant worker (as amended by Sec. 2, RA 10022) 
• gender-sensitivity - shall mean cognizance of the inequalities and  inequities prevalent in the society between men and women and a commitment to address issues with concern for the respective interest of the sexes
• overseas filipinos - refers to dependents of migrant workers and other Filipino nationals abroad who are in distress
• the state shall deploy overseas Filipino workers only in countries where the rights of the Filipino migrant workers are protected
• guarantees of the receiving country for the protection and the rights of the overseas Filipino workers: 
• it has existing labor and social laws protecting the rights of the migrant workers
• it is a signatory to multilateral conventions, declarations on resolutions relating to the protection of the migrant workers
• it has concluded a bilateral agreement or arrangement with the government protecting the rights of the overseas Filipino workers (as amended by Sec. 3, RA 10022)
• POEA, after consultation with DFA, may impose a ban on deployment of migrant workers
• any official or employee of DOLE, POEA or OWWA or their relatives within the fourth civil degree of consanguinity or affinity are prohibited to engage in the business of recruiting migrant workers as defined. 
• illegal recruitment complaint shall be filed with RTC of the province or city where the offense was committed
• Labor Arbiters of NLRC shall have original and exclusive jurisdiction over the claims arising out of an er-ee relationship 
• illegal recruitment cases under this Act shall prescribe in 5 years; for illegal recruitment cases involving economic sabotage shall prescribe in 20 years
• the agency which recruited or deployed the worker is responsible to the repatriation of the worker and the transport of his personal belongings
• if the termination of the employment is due to the worker's fault, agency is not responsible
• OWWA shall undertake the repatriation of the workers in cases of: 
• war 
• epidemic
• disasters or calamities
• underaged migrant workers should be repatriated

EO 797 : REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT, CREATING THE PHILIPPINE OVERSEAS AND EMPLOYMENT ADMINISTRATION AND FOR OTHER PURPOSES

• creation of  Bureau of Labor Employment which shall assume the functions of Bureau of Apprenticeship and the domestic employment functions of the Bureau of Employment Services
• creation of POEA which shall assume the functions of the Overseas Employment Development Board, the National Seamen Board, and the overseas employment functions of the Bureau of Employment Services
• May  1, 1992

EO 111, amending certain provisions in the Labor Code of the Philippines

• article 60, 61
• LOI 1458 is repealed

Case Digest - Admin Law

Malaga v Panachos 
213 SCRA 516

Iloilo State College of Fisheries (ISCOF) through PBAC announced that the last day for submission of pre-qualification requirements was December 2, 1988 and that the bids would be received and opened on December 12, 1988. However, petitioners were not allowed to participate in the bidding because their documents were considered late for submitting the requirements after 10:00 am of December 2, 1988.

Petitioners filed a complaint against PBAC and prayed that the bidding be reset and their documents be accepted. In the event that the bidding had already been conducted, they further pray that the defendants be ordered not to award the project pending the resolution. Restraining order was then issued. 

Respondents on the other hand filed a motion to lift the restraining order on the ground that courts are prohibited from issuing such under PD 1818. 

Petitioner pointed out that PD 1818 is not applicable because ISCOF, although a State College, has its own charter and separate existence, making it not part of the national government or of any local political subdivision. 

Issue: 

1. W/N ISCOF is a part of the national government
2. W/N PD 1818 is applicable to this case

Ruling: 

1. Yes. Under the Administrative Code of 1987, the definition of government instrumentality includes Regulatory agencies, chartered institutions and GOCCs. Chartered institutions, defined by the same code include the State Universities and Colleges and the monetary authority of the State. Further, there are clear indications that ISCOF is a government instrumentality, to wit: (1) it was created in pursuance of the integrated fisheries development policy of the State; (2) the Treasurer of the Republic of the Philippines shall be the ex-officio treasurer of the State College, with all accounts and expenses to be audited by CoA; (3) heads of the bureaus and offices are authorized to loan or transfer to it equipment, with the President's (State College) approval, for the benefit of the public and (4) maintenance and funds of the ISCOF be included in the General Appropriations Law. 

2. No. Although ISCOF is a government instrumentality, the Court ruled that PD 1818 is not applicable in this case for there were irregularities committed by the PBAC. As a general rule, where a law requires a previous advertisement before government contracts be awarded, non compliance of the requirement will render the same VOID and of no offect. Two irregularities committed by the PBAC justified the injunction of the bidding and the award of the project. The purpose of the rules is to secure competitive bidding and to prevent favoritism, collusion and fraud in the award of these contracts to the detriment of the public. 

PD 1818 was not intended to shield from judicial scrutiny irregularities committed by administrative agencies. 

Case digests - Labor Standards Part 1

C. Alcantara & Sons, Inc. v CA
GR No. 155709
September 29, 2010
631 SCRA 486

PLDT v Balbastro
GR No. 157202
March 28, 2007
519 SCRA 233

Ha Yuan Restaurant v NLRC
GR No. 147719
January 27, 2006
480 SCRA 328

Samahan ng mga Manggagawa sa Hyatt v Hon. Magsalin
GR No. 164939
June 6, 2011
650 SCRA 445

PAL v NLRC
GR No. 102411
August 3, 1993
225 SCRA 259

EG Construction v Sato
GR No. 182070
February 16, 2011
643 SCRA 492

University of Immaculate Concepcion v NLRC
GR No. 181146
January 26, 2011
640 SCRA 658

Caong v Regualos 
GR No. 179428
January 26, 2011
640 SCRA 597

Administrative Law, Chapter I

Notes from Agpalo
Philippine Administrative Law

I. Generally

• Administrative Law is that branch of modern law under which the executive department of the government, acting in a quasi-legislative and quasi-judicial capacity, interferes with the conduct of an individual for the purpose of promoting the well-being of the community, as under laws regulating public interests, professions, trades and callings, rates and prices, laws for the protection of public health and safety, and the promotion of public convenience and advantage. 
• internal administration covers the legal aspects of public administration as a going concern
• external administration refers to the legal relations between administrative authorities and private interests
• the chief concern of administrative law is the nature and the mode of exercise of administrative power and the system of reliefs against administrative action

II. Kinds of Administrative Law

1. Statutes setting up administrative authorities
2. The body of doctrines and decisions dealing with the creation, operation and effect of determinations and regulations of such administrative authorities
3. Rules, regulations, or orders of such administrative authorities in pursuance of the purposes for which administrative authorities were created or endowed
4. determinations, decisions, and orders of such administrative authorities in the settlement of controversies arising in their particular fields

+ Administrative law consists of:

• pertinent provisions of the Constitution
• special legislations creating specialized agencies
• 1987 Administrative Code
• provisions of the Revised Administrative Code
• 1987 Administrative Code did not entirely repeal or modify the RAC. These 2 codes are general laws, and as between the codes and special legislations on specific subject matters, the latter prevail as an exemption to the former
• BASIC STATUTORY PRINCIPLE: General legislation must give way to special legislation on the same subject, and generally so interpreted as to embrace only cases in which the special provisions are not applicable.

+ Administrative functions are those which involve the regulation and control over the conduct and affair of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence. 

III. Definitions

1. Government of the Republic of the Philippines
2. Agency
3. Instrumentality
4. Chartered institutions
5. Administration - refers to the aggregate of those persons in whose hand the reigns of the government are for the time being
6. Public office

IV. Creation and abolition of agencies

• The Constitution established offices which perform administrative functions
• President - Chief Administrative Officer
• Constitutional Commissions
• Office of the Ombudsman
• NEDA
• CHR
• NPC

V. Power to reorganize includes power to create or abolish offices

• the legislature usually exercises the power to create or abolish by delegating it to the President or to another executive officer or body
• reorganization is the process of restructuring the bureaucracy's organizational and functional set-up, to make it more viable in terms of the economy, efficiency, effectiveness and make it more responsive to the needs of its public clientele as authorized by law

VI. President's power to reorganize

• Republic Act 7645, Section 62
• 1987 Administrative Code, Book III, Section 20 
• PD 1416
• PD 1772
• the President's power to reorganize offices is subject to limitations, that it must be in good faith, otherwise, the same may be declared invalid. (Larin v. Executive Secretary, 280 SCRA 713, GR No. 112745)

VII. Power of other agencies to reorganize; limitations

• abolition vs. removal
• removal implies that that post subsists and that one is merely separated therefrom
• after abolition, there is in law no occupant
• the question as to whether a reorganization or abolition of office is to be adjudged valid or invalid depends upon the manner in which it is implemented and the was the power is wielded by those to whom the authority is delegated
• Legislature often issues guidelines to be followed by those to whom the power to reorganize has been granted
• Republic Act 6656, Sections 2 and 3

VIII. Other limitations on power to reorganize

• General Rule: Power to reorganize the executive offices granted by law to a reorganization commission does not include vesting an administrative body the quasi-judicial authority to adjudicate certain claims which ordinarily come within the jurisdiction of regular courts
• the power granted to an executive agency to reorganize itself covers only offices falling under said agency and not those attached thereto

IX. Reasons for creation of administrative agencies

• to unclog court dockets
• to meet the growing complexities of modern society
• to help in the regulation of ramified activities of a developing country
• to entrust to specialized agencies in specified fields with their knowledge

+ Types of agencies

• created to function in situations wherein the government is offering some grant
• set up to function ins situations wherein the government is seeking to carry on certain governmental functions
• set up to function in situations wherein the government is performing some business service for the public
• set up to function in situations wherein the government regulate business affected with public interest
• set up to function in situations wherein the government seeking under the police power to regulate private business and individuals
• set up to function in situations wherein the government adjust individual controversies
• set up to function in situations wherein the government is seeking to conduct investigations and gather evidence for information