Question 7, 2018 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

VII.

(Question VII, Labor Law, 2018 Bar Exam)

Nico is a medical representative engaged in the promotion of pharmaceutical products and medical devices for Northern Pharmaceuticals, Inc. He regularly visits physicians’ clinics to inform them of the chemical composition and benefits of his employer’s products. At the end of every day, he receives a basic wage of PhP700.00 plus a PhP150.00 “productivity allowance.” For purposes of computing Nico’s 13th month pay, should the daily “productivity allowance” be included? (2.5%)

Suggested Answer:

Yes. Answer

Under the 13th Month Pay Law, basic salary shall include all remunerations or earnings paid by an employer to an employee for services rendered but may not include cost-of-living allowances, profit-sharing payments, and all allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee. Rule

In the case at bar, the Php150.00 “productivity allowance” is considered and integrated as part of the regular or basic salary of Nico. He regularly receives the said allowance without any conditions or requirements. Apply

Thus, the productivity allowance should be included in the 13th month pay. 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

G. Fundamental powers of the State

Frequency: ★★★★★ The State has three fundamental powers: 1) Police power; 2) Eminent domain; and 3) Taxation. (Planters Products, Inc. v. Fertiphil Corporation, G.R. No.

L. Crimes against honor

Frequency: ★★★★★ GENERAL PROVISIONS 1) Persons responsible Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or

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)

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)

C. Anti-Graft and Corrupt Practices Act

Frequency: ★★★★☆ “Government” – includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic

Question 12, 2018 Legal Ethics Bar Exam

XII (Question XII, Legal and Judicial Ethics, 2018 Bar Exam) From February to November 2004, Atty. Calumpang, in fraudulent connivance with brokers, convinced Corinna to

Question 1, 2017 Civil Law Bar Exam

I. (Question I, Civil Law, 2017 Bar Exam) State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for

error: Content is protected.