Question 18, 2018 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

XVIII.

(Question XVIII, Labor Law, 2018 Bar Exam)

Nestor and Nadine have been living in for the last 10 years without the benefit of marriage. Their union has produced four children. Nadine was three months pregnant with her 5th child when Nestor left her for another woman. When Nadine was eight months pregnant with her 5th child, she applied for maternity leave benefits. Her employer refused on the ground that this was already her 5th pregnancy and that she was only living in with the father of her child, who is now in a relationship with another woman. When Nadine gave birth, Nestor applied for paternity leave benefits. His employer also denied the application on the same grounds that Nadine’s employer denied her application.

(a) Can Nadine’s employer legally deny her claim for maternity benefits? (2.5%)

(b) Can Nestor’s employer legally deny his claim for paternity benefits? (2.5%)

Suggested Answer:

(a) No. Answer

Under the 105-Day Expanded Maternity Leave Law, the maternity leave is granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency. Further, the benefit is given to female workers, whether they are single or married. Rule

In the case at bar, Nadine is pregnant and thus entitling her to maternity leave. That it is her 5th child and/or that she is single is not a bar or limitation to her availing of the benefit. Apply

Thus, the employer cannot legally deny her claim for maternity benefits. Conclusion

(b) Yes.

Under the Paternity Leave Law, the male employee must be legally married to avail of the paternity leave. Rule

In the case at bar, Nestor is not legally married to Nadine. The requirement of marriage is thus not present for Nestor to avail of the paternity leave benefit. Apply

Thus, the employer may legally deny Nestor’s claim for paternity benefits. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

B. Powers, functions, and jurisdiction

Frequency: ★★★★☆ 1. Civil Service Commission (CSC) Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article

1A. Employer-employee relationship

1. Employer-employee relationship Question of fact. The issue of whether or not an employer-employee relationship exists in a given case is essentially a question of

A. Legislative Power

Frequency: ★★★★☆ The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives,

N. Cybercrime Prevention Act of 2012

Frequency: ★★★★☆ “Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a

Q. Swindling by Syndicate

Frequency: ★★☆☆☆ 1. Crime Swindling by a syndicate: Swindling (estafa) by syndicate is committed by a syndicate consisting of five or more persons formed with

M. Comprehensive Dangerous Drugs Act of 2002

Frequency: ★★★★☆ 1. Crimes a. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals 1st Mode 1)

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

B. Human Relations

1. Provisions on Human Relations a. Abuse of rights Every person must, in the exercise of his rights and in the performance of his duties,

Question 13, 2018 Civil Law Bar Exam

XIII (Question XIII, Civil Law, 2018 Bar Exam) Sonny Inc., (SI) purchased several heavy machineries from Single Equipment Philippines, Inc. (SEP) for PhP 10 million,

error: Content is protected.