Question B.18, 2019 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.18.

(Question B.18, Labor Law, 2019 Bar Exam)

When resolving a case of unfair labor practice (ULP) filed by a union, what should be the critical point of analysis to determine if an act constitutes ULP? (2.5%)

Suggested Answer:

The critical point of analysis would be to determine if the acts complained violate the workers’ right to organize. Unfair labor practice refers to acts that violate the workers’ right to organize. The prohibited acts are related to the workers’ right to self-organization and to the observance of a CBA. Without that element, the acts, no matter how unfair, are not unfair labor practices.

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(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. 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,

Question 3, 2018 Labor Law Bar Exam

III. (Question III, Labor Law, 2018 Bar Exam) Due to his employer’s dire financial situation, Nicanor was prevailed upon by his employer to voluntarily resign.

7. Civil liability in criminal cases

Frequency: ★★★☆☆ a. Civil liability of certain persons Every person criminally liable for a felony is also civilly liable. (Article 100, Ibid.) 1) Rules regarding

F. Crimes committed by public officers

Frequency: ★★★★★ CHAPTER 1: PRELIMINARY PROVISIONS a. CONCEPT OF PUBLIC OFFICERS PUBLIC OFFICERS: For the purpose of applying the provisions of this and the preceding

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)

B. Anti-Fencing Law of 1979

Frequency: ★★☆☆☆ “Fencing” – is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep,

E. Lawyer’s Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as

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