Question 6, 2017 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

VI.

(Question VI, Labor Law, 2017 Bar Exam)

A.

One of Pacific Airline’s policies was to hire only single applicants as flight attendants, and considered as automatically resigned the flight attendants at the moment they got married. Is the policy valid? Explain your answer. (2.5%)

B.

Tarcisio was employed as operations manager and received a monthly salary of ₱25,000.00 through his payroll account with DB Bank. He obtained a loan from Roberto to purchase a car. Tarcisio failed to pay Roberto when the loan fell due. Roberto sued to collect, and moved to garnish Tarcisio’s payroll account. The latter vigorously objected and argued that salaries were exempt from garnishment. Is Tarcisio correct? Explain your answer. (3%)

Suggested Answer:

A. No. Answer

Under the Labor Code and the Magna Carta for Women, it is unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. In particular, it is unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. Rule

In the case at bar, the company’s policy to consider as automatically resigned flight attendants the moment they get married violates the provisions of the Labor Code. Apply

Thus, the policy is not valid. Conclusion

B. No. Answer

Under the Civil Code, the laborer’s wage shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance. In jurisprudence, the exemption covers only wages, and not salary. It has been held that the term “wages” as distinguished from “salary”, applies to the compensation for manual labor, skilled or unskilled, paid at stated times, and measured by the day, week, month, or season, while “salary” denotes a higher degree of employment, or a superior grade of services, and implies a position of office. Rule

In the case at bar, Tarciso is an operations manager who works at an office and not a manual laborer. He earns a salary, and not a wage. A salary is not exempt from garnishment. Apply

Thus, Tarcisio is not correct. 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.)

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Subjects

Political Law, Labor Law

A. Right to self-organization

1. Who may join, form, or assist labor organizations or workers’ associations Coverage. – All persons employed — in commercial, industrial and agricultural enterprises and

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

D. Anti-Hazing Act of 2018

Frequency: ★★★★☆ “Hazing” – refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or

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

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