Refreshers Activity in Labor Law (Activity 2)

INSTRUCTIONS:
Below are 4 hypothetical legal concerns.

1 Below are 4 hypothetical problems. Identify the legal queries or
issues raised.
2 Prepare a Legal Opinion for each and support the same with related
provisions of the Labor Code, other related laws and labor
jurisprudence, if necessary.
3 You shall be rated on the basis of the completeness of your
presentation and thoroughness in your discussion on the issues
involved.
4 A complete and thorough legal opinion shall be given 25 points each
or a total points of 100. Your legal opinion should be in a LETTER
form and should contain the following:
a
b
c
d
Date
Statement of Facts (as given)
Statement of the Issues
Resolution and Discussion of the issues (cite pertinent laws
and jurisprudence)
5 Write your legal opinion in a yellow pad paper.

6 Indicate your name and signature as lawyer.
7 Each legal opinion should be stapled and placed inside a long
brown envelope.
8 Due for submission on 26 November 2016.
Client Case 1
Mr. Lukas Tsuper approached you and narrated his legal concerns as
follows:
In July 2013, Ms. Felix Okuda hired him as taxi driver. He earned an
average income from P500.00 to P800.00 per trip, exclusive of the P889.00
boundary that he remitted to Mr. Fokuda daily.
Mr. Tsuper averred that in the morning of 4 May 2016, he arrived at
the garage and that he was provoked by one of Mr. Okudas drivers,
resulting to a brief fist fight between them. They were pacified by the
mechanic and their personal grudge was amicably settled. On the following
day, 5 May 2016, Mr. Okuda asked him about the cause of the fist fight. After
he aired his side, Mr. Okuda got mad at him. He was told to look for other
taxi operators and was even challenged him to file a case anywhere he likes.
He pleaded forreconsideration as he has no other source of income but Mr.
Okuda ignored him and asserted that he is just a lessee of a taxi unit and no
employer-employee relationship exists between them.
Mr. Tsuper asked you if you he is just a lessee of Mr. Okudas taxi unit
and not an employee. He also wanted to know if Mr. Tsuper should pay him
13th month pay because he has not been paid thereof since employed in
2013?
Client Case No. 2

Daniel Cruz, is of legal age, Filipino, married, residing at Sta. Rosa,
Lapu-Lapu City. He informed you that in April 2012, he was hired a boat
captain by Mr. Bernardo Cruz, his uncle and owner of a pump boat named
Derek 1 for hire specifically used for island hopping. Complainant chose
his own crew to operate the pumpboat and that the income/rental of the
pumpboat shall be divided into three shares: 2/3 share shall go to Bernardo
and the 1/3 share will be divided by Daniel and his crew members as their
compensation.
Daniel then started working for Bernardo under such arrangement.
The boat passengers weretourists and usually recommended by Bernardo.
Later on,
Danieland his crew were allowed to canvass their own
passengers. The sailing/trip starts at 8:00 a.m. until 5:00 p.m. although at
times they reached port at 7:00 p.m. They would tour the passengers to
nearby islands and provide food for them while sailing. Initially, Danieland
crew members earned P10,500.00 per day which they would divide as
agreed upon by them.
In early 2014, the pumpboat already had engine troubles and Daniel
was compelled to buy certain parts to repair the same and then deduct the
cost thereof from whatever income they have. Thus, Daniel remitted the
income of the pumpboatto Danielafter deducting the expenses for the
repair. At times he and his crew do not have any income at all because the
pumpboat cannot sail because of the needed repairs, which Daniel had to
pay with his own money. Daniel had no fixed income.
In June 2016respondent Bernardotook the pumpboatfrom him and he

was no longer allowed to transport passengers for island hopping.
Daniel asked you the following queries:
Is my Uncle Bernardo correct when he told me that I am not his
employee but his business partner? Am I entitled to labor standards for 13 th
month pay, service incentive leave pay and overtime pay for the services I
performed in excess of 8 hours?
Client Case No. 3

Complainant Franco Atimado, is of legal age, Filipino, single and a
resident of
Rosario Village, Mandaue City communicated to you his
employment circumstances stating that hewas hired as hairstylist in Beauty
Parlor on 10 September 2010. He was assigned at Metro Ayala, Cebu City
and had been workingthere continuously for almost 6 years. He rendered
service daily from 10:00 a.m. to 10:00 p.m. and was paid a basic monthly
salary of P9,000.00 plus commission of 10% of the income derived from the
customers I served. He averred that he was not able to report for work on
22 May 2016, a Sunday, because he had to go home to Samboan in order
to accompany his younger sister who was sick with measles. In the evening
of 21 May 2016, he informed his Saloon Manager a certain Tita Pearl that
he could not report to work.
When complainant went to work on 23 May 2016, he wasinformed
about his suspension for 1 week because of his absence on 22 May 2016.
Complainant served his suspension without question. On 31 May 2016,
complainant went to the saloon to get his salary and commission for the
work he had rendered for the month of May 2016. He was verbally told by a
certain Kim that he could only get his salary and commission if he would sign
a resignation letter. He was allegedly forced to sign the resignation letter
relying on the assurance that he be paid his salary and commission but to no
avail. He felt deceived and thus sought your legal opinion of his queries,
which states as follows:
What is the effect of my forced resignation? Do I have a cause of
action against Beauty Parlor? Beauty Parlor has not ever paid me 13 th month
pay because I am also paid commissionon top of my basic monthly salary.
Am I entitled to 13th month pay?
Client Case No. 4

Mr. Angelo Cruz, 30 years old, Filipino and a resident of Mandaue
City, just recently opened an internet caf business on 15 September
2014 and has only four employees. Just recently, one of his employees
filed a labor case against him for illegal dismissal and claimed for wage
differentials, holiday pay, 13th month pay and service incentive leave
pay. Mr. Cruz heard that you are a well-known labor practitioner in the
community. He immediately went to your law office to seek legal
opinion and advice about the labor case filed against him and asked
the following queries: 1) What defenses do I have under the law?; and
2) What should I do to protect myself from my unscrupulous workers
who would file labor case just to bleed money from me?

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INSTRUCTIONS:

Below are 4 hypothetical legal concerns.

5 Write your legal opinion in a yellow pad paper.

Client Case No. 2

In June 2016respondent Bernardotook the pumpboatfrom him and he

Client Case No. 3

Client Case No. 4

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