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Week 1 - General Provisions & Pre-employment Mechanisms

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Week 1 Coverage Table

The table below mirrors the workbook's assigned cases for Week 1 and links each item to its digest page.
Class. records how the case actually stands to the subtopic it was assigned under — DIRECT (the Court squarely applies the doctrine), ANALOGOUS (it decides the point under a different provision or doctrine), REJECTED (the Court found the doctrine not established), INCIDENTAL (the doctrine is mentioned but the disposition rests elsewhere). Reciting a REJECTED case as if it were DIRECT inverts the holding.
#Assigned CaseTopic/SubtopicClass.Digest
1Milan v. NLRC, G.R. No. 202961, February 4, 2015A.2 — Construction in favor of LaborREJECTED
2Anucension v. National Labor Union, G.R. No. L-26097, November 29, 1977A.3 — Constitutional and Civil Code provisions relating to labor lawsDIRECT
3Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614, March 24, 2009A.3 — Constitutional and Civil Code provisions relating to labor lawsDIRECT
4Duncan Association of Detailman-PTGWO and Pedro A. Tecson v. Glaxo Wellcome Philippines, Inc., G.R. No. 162994, September 17, 2004A.3 — Constitutional and Civil Code provisions relating to labor lawsDIRECT
5Yrasuegui v. Philippine Airlines, Inc., G.R. No. 168081, October 17, 2008A.3 — Constitutional and Civil Code provisions relating to labor lawsDIRECT
6Manuel v. N. C. Construction Supply, G.R. No. 127553, November 28, 1997A.3 — Constitutional and Civil Code provisions relating to labor lawsDIRECT
7Labor as a contract: Leyte Geothermal v. PNOC-EDC, G.R. No. 170351, March 30, 2011A.3 — Constitutional and Civil Code provisions relating to labor lawsANALOGOUS
8PNCC v. NLRC, G.R. No. 248401, June 23, 2021A.5 — Applicability of the Labor CodeDIRECT
9Babas v. Lorenzo Shipping Corporation, G.R. No. 186091, December 15, 2010B.2 — Concept of legitimate job contracting (Art. 106, Labor Code; Sec. 8, Rule VIII, IRR; D.O. No. 174, s. 2017)REJECTED
10Capital requirement and relation to job: Alaska Milk Corporation v. Paez, G.R. No. 237277, November 27, 2019B.2 — Concept of legitimate job contracting (Art. 106, Labor Code; Sec. 8, Rule VIII, IRR; D.O. No. 174, s. 2017)DIRECT
11Individual contractors: Sonza v. ABS-CBN Broadcasting, G.R. No. 138051, June 10, 2004B.2 — Concept of legitimate job contracting (Art. 106, Labor Code; Sec. 8, Rule VIII, IRR; D.O. No. 174, s. 2017)DIRECT
12Allied Banking Corporation v. Calumpang, G.R. No. 219435, January 17, 2018B.3 — Labor-only contracting (Sec. 9, Rule VIII, IRR)DIRECT
13Baguio v. NLRC, G.R. No. 79004-08, October 4, 1991B.3 — Labor-only contracting (Sec. 9, Rule VIII, IRR)REJECTED
14Servflex v. Urera, G.R. No. 246369, March 29, 2022B.3 — Labor-only contracting (Sec. 9, Rule VIII, IRR)DIRECT
15Manggagawa sa Komunikasyon v. PLDT, G.R. Nos. 244695, 244752 & 245294, February 14, 2024B.3 — Labor-only contracting (Sec. 9, Rule VIII, IRR)DIRECT
16People v. Panis, G.R. No. L-58674-77, July 11, 1986B.4.a — Recruitment and placement: definition (Art. 13[b], Labor Code)DIRECT
17Suliman v. People, G.R. No. 190970, November 24, 2014B.4.b — Illegal recruitment: elements and types (Art. 38, Labor Code; Sec. 6, R.A. No. 8042 as amended)DIRECT
18People v. Jimmy Ang, G.R. No. 181245, August 6, 2008B.4.b — Illegal recruitment: elements and types (Art. 38, Labor Code; Sec. 6, R.A. No. 8042 as amended)DIRECT
19Syndicated: People v. Lalli, G.R. No. 195419, October 12, 2011B.4.b — Illegal recruitment: elements and types (Art. 38, Labor Code; Sec. 6, R.A. No. 8042 as amended)DIRECT
20Large scale: People v. Hernandez, G.R. No. 141221-36, March 7, 2002B.4.b — Illegal recruitment: elements and types (Art. 38, Labor Code; Sec. 6, R.A. No. 8042 as amended)REJECTED
21Mere promise: People v. Laogo, G.R. No. 176264, January 10, 2011B.4.b — Illegal recruitment: elements and types (Art. 38, Labor Code; Sec. 6, R.A. No. 8042 as amended)DIRECT
22Relevance of license: People v. Ballesteros, G.R. Nos. 116905-908, August 6, 2002B.4.b — Illegal recruitment: elements and types (Art. 38, Labor Code; Sec. 6, R.A. No. 8042 as amended)DIRECT
23People v. Gallo, G.R. No. 185277, March 18, 2010B.4.c — Illegal recruitment vis-à-vis estafa (Sec. 6, R.A. No. 8042 as amended; Art. 315[2][a], RPC)DIRECT
24Sunace v. NLRC, G.R. No. 161757, January 25, 2006B.4.c — Illegal recruitment vis-à-vis estafa (Sec. 6, R.A. No. 8042 as amended; Art. 315[2][a], RPC)INCIDENTAL
Citation defects in the workbook list. The table above carries the verified citations; raise these in class rather than transcribing the workbook. Item 9 — Babas was decided December 15, 2010, not 1991. Item 10 — Alaska Milk v. Paez is G.R. No. 237277, consolidated with G.R. No. 237317, not "G.R. No. 23722." Item 15 — Manggagawa sa Komunikasyon (workbook spelling: "Kominkasyon") is G.R. Nos. 244695, 244752 & 245294, decided February 14, 2024, not 2004. Item 18 — the workbook reads "Augus 6, 2008." Item 4 — the respondent is Glaxo Wellcome, not "Glaxo Welcome." Item 2 — the workbook repeats the date twice.
On item 24. Sunace is slotted under "Illegal recruitment vis-à-vis estafa," but the decision says nothing about estafa. It is the Theory of Imputed Knowledge case, which is syllabus item B.5 (Liability for illegal recruitment, R.A. No. 8042 sec. 10) — the item directly below the one it was filed under. Recite it there.
On the B-list numbering. The workbook leaves "Concept of Legitimate Job Contracting" unnumbered while numbering the item that follows it "3," so the outline codes in the Topic/Subtopic column above treat it as B.2, which is how the rest of the list reads.

Recitation Map

One line per case — what it is for, and the categorical holding.
CaseWhat it is forCategorical holding
Milan v. NLRCThe outer limit of Art. 4 construction in favor of laborArt. 4 bites only where there is actual doubt; terminal pay may be withheld against an unreturned company accountability
Anucension v. National Labor UnionNon-impairment yielding to police power and free exercise; Art. 1700R.A. No. 3350 constitutional; religious objectors exempt from a closed-shop clause
Serrano v. GallantEqual protection and substantive due process as a check on labor legislationThe "three months for every year of the unexpired term" cap is unconstitutional; full unexpired portion awarded
Duncan v. GlaxoThe Bill of Rights against private conduct; freedom of contract (Arts. 1306, 1159)No-conflict-of-interest policy is a valid BFOQ; reassignment is not constructive dismissal
Yrasuegui v. PALBFOQ and social justice measured against a private employer's standardCabin-crew weight standard valid; dismissal legal, but separation pay granted on equity
Manuel v. N. C. Construction SupplyArt. III, Sec. 12 as a limit on State action onlyRight to counsel does not reach a private employer's investigation; the admission stands as substantial evidence
Leyte Geothermal v. PNOC-EDCLabor contracts on a "higher plane" — status fixed by law, not by labelValid project employment; termination on completion lawful; repeated rehiring does not regularize
PNCC v. NLRCWhich law governs a non-chartered GOCCLabor Code applies, not the Civil Service Law — but R.A. No. 10149 approval overrides Art. 100 non-diminution
Babas v. Lorenzo ShippingThe three criteria of legitimate job contractingCriteria not met — labor-only; the workers are regular employees of the principal
Alaska Milk v. PaezSubstantial capital as an alternative to investment in tools, not cumulativeOne cooperative legitimate (capital proved), the other labor-only
Sonza v. ABS-CBNThe control test applied to a uniquely skilled individualIndependent contractor — the network controlled the result, not the means
Allied Banking v. CalumpangWho bears the burden once labor-only status is presumedLabor-only; the bank is the employer; dismissal valid on the merits but without due process
Baguio v. NLRC"Directly related to the principal's business" as the dividing lineLegitimate job contracting, not labor-only — but the principal is still solidarily liable under Art. 109
Servflex v. UreraThe evidentiary weight of a DOLE Certificate of RegistrationRegistration only defeats the presumption; labor-only where the principal actually controls
Manggagawa sa Komunikasyon v. PLDTThe quantum of proof behind a labor-only findingRegularization only for the installation, repair and maintenance workers; sampling was not substantial evidence for the rest
People v. PanisThe Art. 13(b) definition of recruitment and placementThe number of persons recruited is not an element; the proviso is only a rebuttable presumption
Suliman v. PeopleIllegal recruitment by prohibited act, and the liability of officersFailure to deploy or reimburse is punishable regardless of license; the managing officer answers with the entity
People v. Jimmy AngWhy license status is irrelevant to the Sec. 6 prohibited actsConviction affirmed — the acts charged are criminal whether or not the offender is licensed
People v. LalliThe syndicated qualifierThree or more conspirators suffice; the number of victims is irrelevant
People v. HernandezThe large-scale qualifier and how it must be pleadedVictims across separate informations cannot be cumulated — large scale not established; convicted of syndicated instead
People v. LaogoWhether a mere promise is already recruitmentA promise coupled with the impression of deploying power suffices; actual deployment is not required
People v. BallesterosWhat the prosecution must prove about the licenseNo need to prove an express representation of being licensed; receipt of a fee is not an element
People v. GalloIllegal recruitment and estafa as separate offencesBoth convictions stand — malum prohibitum and malum in se; no double jeopardy
Sunace v. NLRCThe theory of imputed knowledge and the reach of solidary liabilityThe agency is not liable for an extension privately negotiated between worker and foreign employer

Study Notes

Two of this week's cases invert on recitation. Milan is assigned under "Construction in favor of Labor" and holds the rule inapplicable — Art. 4 operates only where the law or the contract is genuinely doubtful, and social justice "does not sanction wrongdoing." Hernandez is assigned under "Large Scale" and holds large scale not made out, because the eight informations each named a single victim and victims cannot be cumulated across separate cases; the conviction that survived was for syndicated illegal recruitment. Reciting either as an illustration of the label it sits under states the opposite of what the Court decided.
The Bill of Rights runs against the State, not the employer. Duncan, Yrasuegui, and Manuel all reach the same structural point from three different clauses — equal protection twice, and the right to counsel once. The employee's protection in a private workplace comes from the Labor Code and the Civil Code, not from Article III. What the Constitution does supply affirmatively is Art. XIII, Sec. 3 and Art. II, Sec. 18, which Serrano uses to strike down a statute and Yrasuegui uses to award separation pay to a validly dismissed employee.
Job contracting is decided on facts, never on the contract's label. Read items 9-15 as one sequence: Babas states the three criteria and finds them unmet; Alaska Milk clarifies that substantial capital and investment in tools are alternative, not cumulative; Servflex holds a DOLE Certificate of Registration merely defeats the presumption of labor-only status; and Manggagawa sa Komunikasyon imposes a real evidentiary standard the other way, refusing to extend a labor-only finding to groups of workers who were never sampled. Baguio is the counterweight — legitimate job contracting, yet the principal is still solidarily liable as an indirect employer under Art. 109, which is why "legitimate" is not a synonym for "not liable."
In illegal recruitment, count offenders and victims separately. Panis fixes the base rule: the number of persons recruited is not an element of the offence at all. Lalli qualifies the offence by counting offenders — three or more conspirators, even against a single victim. Hernandez qualifies it by counting victims — three or more, and they must be named in a single information. Ang and Ballesteros then remove license status from the picture: the Sec. 6 prohibited acts are punishable whether or not the offender holds a license, and the prosecution need not prove an express claim of being licensed.
Where Week 1 hands off. PNCC sets up the Book III coverage question that opens Week 2 — which employees, and which employers, the Labor Code actually reaches — and its Art. 100 holding is the first appearance of non-diminution, the doctrine Week 2 spends nine cases on. Milan returns in Week 2 as the standing exception to the Art. 116 prohibition against withholding wages.
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