Return of Refugees Prisoners of War Civil Detainees To

17. Under the law, when is a compassionate visit allowed?
When a migrant worker is hospitalized and has been confined for at least 7 consecutive days, he shall be entitled to a compassionate visit by 1
family member or a requested individual.
18. Who will shoulder the expenses?
The insurance company will shoulder the transportation cost of the family member or requested individual to the major airport closest to the place of
hospitalization of the worker. It is, however, the responsibility of the family member or requested individual to meet all visa and travel document
requirements; (SEC. 37-A. (g), RA 10022)
19. Will that not be covered by compulsory insurance?
Yes, it is covered by the insurance company, which shall pay for the transportation cost of the family member or requested individual. (SEC. 37-A.
(g), RA 10022)
20. What benefits are included in the compulsory insurance?
The compulsory insurance shall cover, at the minimum:

(a) Accidental death
(c) Permanent total disablement
(d) Repatriation cost of the worker when his/her employment is terminated without any valid cause, including the transport of his or her personal
belongings.
(e) Subsistence allowance benefit (for migrant worker involved in a case or litigation for the protection of his/her rights in the receiving country)
(f) Money claims arising from employer's liability which may be awarded or given to the worker in a judgment or settlement of his or her case in the
NLRC.
(g) Compassionate visit.
(h) Medical evacuation.
(i) Medical repatriation.
21. What is repatriation?

To send back to one's country of origin.
22. Circumstances for forced repatriation?

Mandatory Repatriation of Underage Migrant Workers. (SEC. 16, RA 8042)
return of refugees
prisoners of war
civil detainees to
23. Effect if OFW turns out to be a minor

Upon discovery or being informed of the presence of minor migrant workers
a.) The responsible officers in the foreign service shall without delay repatriate said workers and advise the DFA through the fastest means of
communication available of such discovery and other relevant information;
b.) The license of a recruitment/manning agency which recruited or deployed the minor migrant worker shall be automatically revoked and shall be
imposed a fine (Php 500,000.00 -1,000,000.00);
c. All fees pertinent to the processing of papers or documents in the recruitment or deployment shall be refunded in full by the responsible
recruitment/manning agency, without need of notice, to the underage migrant worker or to his parents or guardian.
d. The refund shall be independent of and in addition to the indemnification for the damages sustained by the underage migrant worker (SEC.16, RA
8042)
Refund shall be paid within 30 days from the date of the mandatory repatriation.
24. Can the OFW resist or refuse repatriation?

Yes. The Philippine government cannot compel any OFW, even if it invokes its inherent police power. It is the individual’s basic right to choose for
himself and there is no Constitution nor statute that can override his fundamental freedom of choice. It is his own life and livelihood that are at stake.
And he cannot be deprived of these without due process of law.
25. Joint and solidary liability of employer and agency

The liability of the principal/employer and the recruitment/placement agency for any and all money claims shall be joint and several.
This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance
bond to de filed by the recruitment/placement agency shall be answerable for all money claims or damages that may be awarded to the workers. If
the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly
and solidarily liable with the corporation or partnership for the aforesaid claims and damages. (SEC. 10, RA 8042)
26. You are the affected employee and you want to file a case, will our courts or agencies acquire jurisdiction over the foreign company? How?
Yes by serving summons to the foreign company, through its agent or the recruiting agency.
27. Is there any provision in the law which covers this particular situation?
Within the common law of agency, doctrines of imputation govern when a principal is treated as knowing what its agents know. Imputation is
relevant to a principal's legal relations with third parties when a principal's knowledge (or lack of knowledge) of a fact is material to determining the
principal's rights and duties vis a vis a third party.
28. Is there a need to serve summons abroad in order to acquire jurisdiction over the foreign employer?
There’s no need to serve summons abroad. When summons is needed to be served on a foreign juridical entity, one of the prescribed way is the
service on its resident agent or the agency which recruited the migrant worker. By virtue of the doctrine of imputed knowledge, it is sufficient to
serve summons to the agent.
29. Will the agency still have the right to reimbursement from the foreign employer? How will the agency do that?
Yes, agency has the right to reimbursement. In the contract of agency, one of the obligations of the Principal (foreign employer) is to reimburse the
agent (agency) should the agency have advance a sum necessary in the contract of agency. Thus, the principal-employer shall reimburse
30. Doctrine of Imputed Knowledge

The doctrine of imputed knowledge ascribes the knowledge of the agent to the principal.
31. Was this applied in the case of Sunace? Why?

No. The theory of imputed knowledge ascribes the knowledge of the agent, Sunace, to the principal (employer) not the other way around. The
knowledge of the principal-foreign employer cannot, therefore, be imputed to its agent, Sunace.
There being no substantial proof that Sunace knew of and consented to be bound under the 2-year employment contract extension, it cannot be said
to be privy thereto. Furthermore, there was an implied revocation of its agency relationship with its foreign principal when, after the termination of the
original employment contract, the foreign principal directly negotiated with Divinaand entered into a new and separate employment contract.
32. Meralco v. NLRC

What was the particular Labor Code provision implemented?
Is said provision not derogatory against a certain class?
-Art. 4 of the LC, implementation and application in favor of labor. Generally, an employer can dismiss and employee for just and authorized causes.
However, this is subject to regulation by the state, in the exercise of its paramount police power. In carrying out and interpreting the labor code’s
provisions and its IRRs, the workingman’s welfare shall be the primordial and paramount consideration. This interpretation gives meaning and
substance to the liberal and compassionate spirit of the law as provided for in Art. 4 of Labor Code.
Thus, notwithstanding the existence of a valid cause for dismissal, such as breach of trust by an employee, nevertheless, dismissal should not be
imposed, as it is too severe a penalty if the latter has been employed for a considerable length of time in the service of his employer.
-No, it does not mean that every labor dispute will be automatically decided in favor of labor, management has also its own rights entitled to respect
and enforcement in the interest of simple fair play.
33. What is the purpose of Labor laws and other social legislation?
-Labor laws are designed to meet the daily needs of the workers while social legislation involves long range of benefits. Labor laws are social legislation
but not all social legislations are labor laws.
34. Are there constitutional provisions related to labor laws? Yes.

a.) Art. II - Declaration of Principles and State Policies
Sections: 9, 10, 11,13,14,18,20
b.) Art. III - Bill of Rights
Sections: 1, 4, 7, 8 10, 16, 18
c.) Art. XII - National Economy and Patrimony
Section 12
d.) Art. XIII - Social Justice and Human Rights
Sections: 1, 2, 3, 13, 14
e.) Art. XVI – General Provisions
Section 8
35. How about RPC provisions?

a.) Art. 272. Slavery
b.) Art. 273. Exploitaion of child labor
c.) Art. 274. Services rendered under compulsion in payment of debt
d.) Art. 278. Exploitation of minors
e.) Art. 291. Revealing secrets with abuse of office
f.) Art. 292. Revelation of industrial secrets
g.) Art. 289. Formation, maintenance & prohibition of combination of capital or labor through violence or threats
36. Do we apply the Labor Code in the absence of an employer – employee relationship? Why?
Yes. Labor code may apply even if parties are not employers and employees of each other. The employment relationship is not a pre-condition to
the applicability of the Code. Labor Code applies with or without employment relationship between disputants, depending on the kind of issue
involved. For instance, illegal recruitment or misuse of POEA license.
37. You are an employee of the Manila City Hall as a janitor. Mayor Estrada dismisses you, after having worked there for 10 years, for not
watching his movies. You want to file a complaint. Where would you file?
As a civil service employee, it shall be filed with the Civil Service Commission— as the central personnel agency of the Government, has jurisdiction
over disputes involving the removal and separation of all employees of government branches, subdivisions, instrumentalities and agencies,
including GOCCs with original charters. Government employees are governed by the Civil Service Law, rules and regulations, not by the labor
code.
38. Instead of the Manila City Hall, you were an employee of San Beda. Where would you file?
As an employee of San Beda, it shall be filed with the DOLE because employee-employer exists between the janitor and San Beda.
39. You were now an employee of Food Terminal, Inc. Where would you file?
The Food Terminal, Inc. is a GOCC without original charter. The case should be filed with DOLE. DOLE and not the Civil Service Commission has
jurisdiction over the dispute arising from employment with FTI. The terms and conditions of such employment are governed by the Labor Code and
not by the Civil Service Rules and Regulations.

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17. Under the law, when is a compassionate visit allowed?

18. Who will shoulder the expenses?

19. Will that not be covered by compulsory insurance?

20. What benefits are included in the compulsory insurance?

The compulsory insurance shall cover, at the minimum:

21. What is repatriation?

22. Circumstances for forced repatriation?

23. Effect if OFW turns out to be a minor

24. Can the OFW resist or refuse repatriation?

25. Joint and solidary liability of employer and agency

30. Doctrine of Imputed Knowledge

31. Was this applied in the case of Sunace? Why?

32. Meralco v. NLRC

34. Are there constitutional provisions related to labor laws? Yes.

35. How about RPC provisions?

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