LABOR LAW REVIEW 2011-2012 MCQ COMPILATION (Post-Employment and topics thereafter)

AL 1. What are the fair and reasonable criteria for employees to be retrenched? a. Less preferred status, age, seniority b. Mental aptitude, efficiency rating, seniority c. Less preferred status, efficiency rating, seniority d. School which employee graduated, efficiency rating, seniority 2. In case of termination due to medical reasons, the terminated employee is entitled to: a. Separation pay equivalent to at least 1-month salary or to month salary for of service, whichever is greater b. Separation pay equivalent to at least 6-month salary or to month salary for of service, whichever is greater c. Separation pay equivalent to at least 1-month salary or to month salary for of service, whichever is greater d. Separation pay equivalent to at least 6-month salary or to month salary for of service, whichever is greater

every year every year every year every year

3. An employee unjustly dismissed from work shall __________. a. Be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement b. Be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, exclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement c. Be entitled to reinstatement without loss of seniority rights and other privileges and to his partial backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement d. Be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual retirement 4. When may an employer terminate the services of an employee? a. Whenever he wants b. Upon just cause or upon resignation of the employee c. Upon just cause or when authorized by the Labor Code d. Upon just cause or when the employee dies 5. Which is not a requisite of retrenchment? a. Written notices are served on the workers and the DOLE at least one month before affective date of retrenchment b. Separation pay is paid to the affected workers c. Intended to prevent losses and such losses are proven d. Helping retrenched employees find new work

Chiri 1. The following are the original and exclusive jurisdiction of Voluntary Arbitrator, except: a. Unresolved grievances from the interpretation or implementation of the CBA, when there is a gross violation of the CBA b. Unresolved grievances arising from the interpretation or enforcement of company personnel policies c. Any other labor dispute, upon agreement of the parties d. Unresolved grievances from the interpretation or implementation of the CBA , when there is no gross violation of the CBA 2. Donato was a farm-helper in a plantation owned by AI Co., working approximately 6 days a week for a good 15 years. Upon Donatos death, his widow filed a claim for burial grant and pension benefits with the Social Security System (SSS). The claim was denied on the ground that Donato had not been a registered member-employee. Pablos widow filed a petition before the SSS asking that AI Co. be directed to pay the premium contributions of AI Co. and that his name be reported for SSS coverage. AI Co. countered that AI Co. was hired to plow, harrow and burrow, using his own carabao and other implements and following his own schedule of work hours, without any supervision from the company. If proven, would this factual setting advance by AI Co. be a valid defense against the petition? a. Al Co. has a valid defense. Donato is not an employee of AI Co. and therefore not under the compulsory coverage of the SSS. b. AI Co. has a valid defense. AI Co. is not an employee of AI Co. and therefore not under the coverage of the SSS. c. AI Co. has no valid defense. AI Co. is an employee of AI Co. and therefore, under the compulsory coverage of the SSS. d. AI Co. has no valid defense. AI Co. is an employee of AI Co. and therefore, under the coverage of the SSS. 3. Under a seamans contract of employment with a local manning agent of a foreign shipping company, Capt. Alfafa embarked on an ocean-going vessel in good health. One stormy night at sea, he was drenched with rainwater. The following morning, he contracted fever, which lasted for days. He suffered loose bowel movement, lost his appetite, and eventually died before a scheduled airlift to the nearest port. Subsequently, the widow of Capt. Alfafa complained against the local manning agent and its foreign principal before the Regional Arbitration Branch of DOLE, for actual and exemplary damages and attorneys fees. She invoked the Labor Code provision that requires the employer to provide all necessary assistance to ensure the adequate and necessary medical attendance and treatment of the injured or sick employee in case of emergency. Respondents moved to dismiss the complaint on the ground that the Labor Arbiter has no jurisdiction over the complaint for damages arising from illness and death of Capt. Alfafa abroad. Make a ruling. a. Motion to dismiss should be granted because a claim arising out of an employeremployee relationship or by virtue of any law or contract involving Filipino workers from overseas deployment including claims for actual, moral, exemplary and other forms of damages is cognizable by the Regional Trial Court where they contract was perfected. b. Motion to dismiss should be denied because a claim arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers from overseas deployment including claims for actual, moral, exemplary and other forms of damages is

cognizable by the Labor Arbiters of the National Labor Relations Commission (NLRC) who have the original and exclusive jurisdiction thereon. c. Motion to dismiss should be granted because a claim arising out of an employeremployee relationship or by virtue of any law or contract involving Filipino workers from overseas deployment including claims for actual, moral, exemplary and other forms of damages is cognizable by the Labor Arbiters of the National Labor Relations Commission (NLRC) who have current jurisdiction thereon.

d. Motion to dismiss should be denied because a claim arising out of contract involving Filipino workers from overseas deployment including claims for actual, moral, exemplary and other forms of damages is cognizable by the Regional Trial Court where they contract was perfected. 4. Which of the following is not a power of NLRC? a. Power to investigate, hear, and decide disputes within its jurisdiction b. The power to hold persons in contempt c. The power to issue restraining orders and injunctions d. Power to order the arrest of a person in cases of illegal recruitment committed in a large scale 5. A strike is illegal when: a. If not because of bargaining deadlock or ULP b. If prohibited activities were committed such as there is violence, coercion or intimidation c. Both a and b d. None of the above

Yan 1. The posting of the CBA is a mandatory requirement. Non-compliance therewith will render the CBA ineffective. The posting of the copies of the CBA is the responsibility of the: a. Labor union b. Employer c. Regional office of the DOLE concerned d. Employees 2. The ratification of the CBA is also mandatory. Such ratification shall be made by: a. The majority of the member of the bargaining union b. At least 25% of all the employees in the bargaining unit c. The majority of the members of the bargaining unit as represented by the bargaining union in the negotiations d. DOLE Secretary 3. At the expiration of the freedom period, the employer shall continue the majority status of the incumbent bargaining agent where no petition for certification election is filed. This is known as the: a. Union security clause b. Automatic renewal clause c. Bargaining continuity clause d. General welfare clause 4. Statement A It is the employers duty to inform the probationary employee reasonable work standards. Statement B The employer may terminate the services of a probationary employee without valid cause as long as such termination is done within the six-month trial period. a. b. c. d. Both statements are true Both statements are false Only A is true Only B is true

5. Can a probationary rank-and-file employee vote in certification elections? a. Yes, because all rank and file employees in the appropriate bargaining unit are entitled to vote b. Yes, so long as during the pre-election conferences, there is no disagreement as to his inclusion in the voters list c. No, only regular employees are allowed to vote in certification elections d. It depends because he should become a regular employee first, until such time his votes are segregated

Rachelle 1. Dean of College of Engineering at St. Marks University was issued a letter from the universitys president saying that his employment has been terminated effective upon receipt of the letter due to loss of confidence without explaining the reason thereof. The Dean contends that this is a violation of his right to security of tenure. Is he correct? a. No, as he is considered a managerial employee, his employment may be terminated due to loss of confidence b. No, because his termination is a management prerogative c. Yes, even managerial employees occupying positions of trust and confidence are entitled to security of tenure d. Yes, his position is the same as rank and file employees entitled to security of tenure. 2. Can a project employee be suffered to work in a job or undertaking, which is regular and usual in the ordinary course of business of the employer? a. No, as if he is so suffered to work as such, he will be considered a regular employee under Article 280 of the Labor Code b. It depends, as the industry wherein the employer is engaged in is a material consideration to resolve the question c. Yes, as the activity, which a project employee is suffered to work, is immaterial to determine his employment status d. All of the above 3. A Labor Organization as defined under Article 212 (g) of the Labor Code: a. Can file a petition for and participate in certification elections b. Can be declared as exclusive bargaining agent c. Can never represent its members in dealing with the employer d. None of the above 4. Statement A Substantive due process mandates that an employee may be dismissed based on just or authorized causes and other causes. Statement B Procedural due process requires further that he can only be terminated after he has given opportunity to be heard. a. b. c. d. Both statements are true Statement A is false while statement B is true Statement A is true while statement B is false Both statements are false

5. An employment shall be deemed regular: a. Where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season. b. Where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, and where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of engagement of the employee or where the work or

services to be performed is seasonal in nature and the employment is for the duration of the season. c. Where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, and where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of engagement of the employee but not where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.

d. None of the above

Thil 1. Trinity Ihaw-Ihaw Corp. and Trinity Employees Union is on the process of negotiating the terms and conditions of their CBA. The union is insisting that service crews must be entitled to a commutable 10-day vacation leave yearly. The employer refuses to agree claiming that they are operating at a loss on a low profit margin. A deadlock occurred. Can the union claim that employers refusal constitutes bad faith and a violation of their duty to bargain under Article 252 of the Labor Code? a. Yes, financial hardship is not an excuse for refusing to accept the proposal of the union b. Yes, vacation leave is a mandatory subject that the union can insist on bargaining to the point of impasse c. No, an employer can reject the unions economic demands where he is operating at a loss on a low profit margin as long as he continues to negotiate d. No, employers duty to bargain is limited to proposals for adjusting any grievances and not to economic demands 2. Which statement is false? a. Like any other personal right, right to organize can be waived and can be bargained away in a CBA b. Self-employed people can form a labor organization for mutual aid and protection c. An employee from the first day of employment has a right to join any labor organization d. Employees of a non-profit education institution have the right to join a labor organization for collective bargaining 3. Sacred Grains Union is composed of rank-and-file employee of Sacred Grains Inc. The union passed a board resolution approved by a majority of its members in a general meeting. The board resolution required non-members of the union to pay P100 monthly in the union for the benefits they enjoy under the CBA. The non-member employees contested and questioned the validity of the board resolution. Is the resolution valid? a. Yes, agency fees may be deducted provided individual written consent of employees is procured b. Yes, it does not amount to unjust enrichment because the purpose of dues is to avoid discrimination between union and non-union members c. No, as non-members of the union, they cannot be compelled to pay anything d. No, it is the employers board resolution that is required for the valid imposition of agency fees 4. What may NOT be done during the 60-day freedom period of the CBA? a. A petition for certification election b. To terminate or modify the CBA c. Labor union may disaffiliate from the mother union d. To file an injunction for a labor dispute 5. The existence of a CBA will not bar certification election, except when: a. CBA entered into during the pendency for certification election b. There is a valid and registered CBA of a fixed duration c. Withdrawal of affiliation from the contracting union brought about by schism d. The identity of the bargaining representative is in doubt

Chattie 1. Based on jurisprudence, the following are considered confidential employees under the confidential employee rule, except: a. Accounting personnel and radio and telegraph operators b. Division secretaries, all Staff of General Management, Personnel and Industrial Relations Department, Secretaries of Audit, EDP and Financial Systems c. Legal Secretaries who are tasked with, among others, the typing of legal documents, memoranda and correspondence, the keeping of records and files, the giving of and receiving notices, and such other duties as required by the legal personnel of the corporation d. Confidential rank and file employees who are not performing managerial functions 2. What is not a test in determining an appropriate bargaining unit? a. Employer status doctrine b. Substantial mutual interest doctrine c. Globe doctrine d. Collective bargaining history doctrine 3. The notice of voluntary recognition should be accompanied by the original copy and two duplicate copies of the following documents, except: a. Certificate of posting of the joint statement of voluntary recognition for fifteen consecutive days in at least two conspicuous places in the establishment or bargaining unit where there the union seeks to operate b. A statement under oath attesting to the fact of voluntary recognition c. The approximate number of employees in the bargaining unit, accompanied by the names of those who support the voluntary recognition comprising at least a majority of the members of the bargaining unit d. A statement that the labor union is the only legitimate labor organization operating within the bargaining unit 4. Is direct certification as a method of selecting the exclusive bargaining agent of employees allowed? a. No, as provided in E.O. No. 111 b. No, because the conduct of certification election is still necessary c. No, as provided in E.O. No. 111 and because the conduct of certification election is still necessary d. Yes, as provided in Art. 257 of Labor Code 5. What matters are not subject to negotiation by government employees organization? a. Those that require appropriation of funds b. Schedule of vacation and other leaves c. Work assignment of pregnant women d. Provision for facilities for handicapped personnel

VP 1. Who cannot exercise appellate jurisdiction over labor cases? a. National Labor Relations Commission b. Secretary of Labor and Employment c. DOLE Regional Directors d. Director of the Bureau of Labor Relations 2. Which constitutes unfair labor practice by the employer? a. Dismissal of an employee due to loss of confidence b. Dismissal of an employee due to a union security clause in a CBA, after being afforded due process c. Dismissal of an employee due to his act of soliciting signatures for the purpose of forming a union d. Dismissal of a supervisor who organized a labor union comprised of men under his supervision 3. Which of these union security agreements is an agency shop? a. Non-union members may be hired but must become union members after a certain period to retain employment b. Employees are not compelled to join the union, but present or future union members must remain in good standing in the union to retain employment c. Employees must either join the union or pay a sum equal to that paid by union members to the union as its exclusive bargaining agent to retain employment d. Employees must be union members and they must remain union members to retain employment 4. In cases of dismissal of union officers, which may constitute union-busting, at least how many days after submission of notice of strike and the results of a strike vote to the Department of Labor may a union strike, considering both the seven-day strike ban and the cooling-off period? a. 7 days b. 15 days c. 30 days d. 45 days 5. An employer refused to bargain with the employee union, which was the duly certified bargaining agent. The union submitted its collective bargaining proposals and made a definite request to bargain, but the employer made no counter proposal whatsoever. As a result, the unions draft CBA proposal was imposed as the CBA, which would govern. Is this proper? a. No, as the CBA is a contract wherein the consent of both parties is indispensible b. No, because procedural due process required in collective bargaining was not met c. Yes, because the employer is guilty of violating the duty to bargain in good faith d. Yes, provided that there was no expired CBA, as this would continue to have legal effect until a new CBA has been entered into

Madel 1. What is surface bargaining? a. It is the acceptance of negotiation or attorneys from employers as part of the settlement of any issue in the collective bargaining or any other dispute b. This is the act of making exaggerated or unreasonable proposals c. It is going through the motions of negotiating without any legal intent to reach an agreement d. It is when the union demands that the employer to maintain personnel in excess of the latters requirements 2. The following are the test in determining appropriate bargaining unit, except: a. Employment Status Doctrine b. Globe Doctrine c. Substantial Mutual Interest Doctrine d. Collective Bargaining History Doctrine e. Separation of Unions Doctrine f. None of the Above 3. X Union, a group of rank-and-file employees at Sitio Company, filed a petition for certification election. Pending petition, Sitio Company voluntarily recognized Y Union as its labor organization and filed a notice to DOLE for Y Unions certificate of registration. Valid? a. Yes, Sitio Company and Y Union agreed to the arrangement b. Yes, Certificate of Registration should be given to Y Union for being the recognized Union by the Company c. No, any certification pending petition for certification will not have a valid effect d. No, X Union should also be recognized by DOLE 4. A petition for certification election among the supervisors of XYZ Company was filed by Mabuhay FederationXYZ Chapter alleging that it is a duly registered federation and chapter. XYZ Company employs 150 Supervisors and there is no recognized supervisors union existing in the company. XYZ Company, on the other hand, alleged that the petition for the holding of a certification election should be denied as it is not supported by the required 25% of all its supervisors and that a big number of the supposed signatories to the petition are not actually supervisors as they have no subordinated to supervise, nor do they have the powers and functions which under the law would classify them as supervisors. May a certification election be conducted by Med-Arbiter? a. No, there is a certified bargaining agent in XYZ Company b. Yes, there is no certified bargaining agent in XYZ Company c. No, XYZ Corporation is an organized Corporation d. Yes, petition for certification election is a right granted to the Union 5. Same facts in number 4. Should the 25% subscription requirement be applied? a. No, XYZ Company is not organized hence, 25% is immaterial b. Yes, XYZ Company is organized hence, 25% is material c. No, XYZ Company recognized the Union hence, 25% is immaterial d. Yes, XYZ Company did not recognize the Union hence, 25% is material

Maui 1. Which is a just cause for the dismissal of an employee? a. Serious misconduct or disobedience by the employee of the order of his employer or representative in connection with his work b. Gross neglect by the employee of his duties c. Willful fraud or breach by the employee of the trust reposed in him by his employer or duly authorized representative d. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative 2. Giuliana was dismissed from work for willfully disobeying an order of her supervisor in connection with his work. She was issued a notice of termination effective 30 days after receipt thereof. After 30 days, she was denied entry in the company premises. She filed a complaint for illegal dismissal and demanded for reinstatement without loss of seniority rights and other benefits. Rule over her complaint. a. She is entitled to reinstatement or in lieu thereof, payment of back wages and damages b. She is not entitled to reinstatement or in lieu thereof, payment of back wages but only to payment of damages c. She is entitled to nominal damages only d. She is not entitled to damages but to reinstatement or in lieu thereof, payment of back wages 3. Which of the following is a valid strike under the Labor Code? a. Strike of workers who seize or occupy property of the employer and refuse to vacate the premises of the employer b. Strike conducted by the workers against their employers involving a labor dispute directly affecting them c. Strike that violates the labor contract and is not authorized and is disowned by the union d. Strike of workers of one company to exert pressure on their employer so that the latter will in turn bring pressure upon the employer of another company with whom another has a labor dispute 4. The labor arbiter has the exclusive and original jurisdiction over the following cases, except: a. Wage distortion disputes in unorganized establishments not voluntarily settled by parties b. Claims for actual, moral, exemplary and other forms of damages arising from employeeemployer relations c. Inter-union and intra-union disputes d. Termination disputes 5. The Med-Arbiter, after due hearing may dismiss the petition on any of the following grounds, except: a. The petition was filed within one year from the entry of voluntary recognition or a valid certification, consent or run-off election and no appeal on the results of the certification, consent or run-off election is pending b. In case of an unorganized establishment, failure to submit the 25% support requirement for the filing of the petition for certification election c. The petitioner is not listed in the Departments registry of legitimate labor unions or that its legal personality has been revoked or cancelled with finality d. A duly certified union has commenced and sustained negotiations with the employer, or there exists a bargaining deadlock, which has been submitted to conciliation or arbitration or has become the subject of a valid notice of strike or lockout to which an incumbent or certified bargaining agent is a party

Paolo 1. In case of terminating an employee for medical reasons, an employer must first __________. a. Pay the employees medical fees incurred b. Get a certification by a judge to lawfully terminate the employee c. Get a medical certificate from any doctor d. Acquire certification by a competent public health authority 2. All money claims arising from employer-employee relations accruing during the effectivity of the labor code shall be filed within __________ from the time the cause of action accrued; otherwise they shall be forever barred. a. 3 years b. 6 months c. 5 years d. 6 years 3. Such election questioning the majority status of the incumbent bargaining agent is by secret ballot when the verified petition is supported by the written consent of at least __________ of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. a. Twenty-five percent (25%) b. Twenty percent (20%) c. Thirty percent (30) d. Majority 4. Any Collective Bargaining Agreement that the parties may enter into shall, insofar as the representation aspect is concerned, be for a term of __________ years. a. Three (3) b. Five (5) c. Six (6) d. Ten (10) 5. Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may not be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement a. Yes, absolutely b. Yes, provided an individual authorization is required c. No, absolutely d. No, they should be a member of the appropriate bargaining unit

Adee 1. Republic Act No. 9347 amended the Labor Code and increased the numbers of members of the NLRC to _____. a. 15 b. 18 c. 24 d. 21 2. Alice is a supervisor in Wonderland Company. Alleging that she is underpaid, she filed a case with the Regional Office of the DOLE. The case was subsequently dismissed. What could be the ground for its dismissal? a. Improper venue b. Non-exhaustion of administrative remedies c. Insufficiency of evidence d. Lack of jurisdiction 3. Non-lawyers may appear before the Commission or any Labor Arbiter only: a. If they represent themselves b. If they represent their organizations c. If he is a duly accredited paralegal officer d. None of the above 4. Ramona won in a labor case she filed against her employer, which attained finality on October 23, 2006. However, she was in Istanbul on that date. When she returned to the country on November 21, 2011 she filed a motion for execution with the Labor Arbiter. If you were the arbiter what would you do? a. Release the bond b. Deny the motion c. Order a pre-execution conference d. Issue a writ of execution 5. After the execution of the CBA, the union and the management decided not to register it with the BLR so that they could save on the payment of the registration fee. Is the CBA valid? a. Yes because it was voluntarily entered into by the union and the management b. Yes it is valid but it cannot bind a third person c. No because registration of the CBA is a mandatory requirement d. No because the registration fee was not paid

Josh 1. Which of this statement regarding appeals is not correct? a. A Labor Arbiters decision ordering reinstatement is immediately executor even pending appeal b. A Labor Arbiters decision should only be appealed to the NLRC c. A Labor Arbiters decision may be questioned on the ground of graft and corruption d. A Labor Arbiters decision is subject to a Motion for Reconsideration 2. X, a captain in a foreign vessel fell ill during its voyage in the high seas. He died because of the negligence of his shipmates with whom he has no employer-employee relationship. Where should the case for damages arising from such death be filed? a. Regional Trial Court b. Philippine Overseas Employment Administration c. Labor Arbiter d. Voluntary Arbitrator 3. In order for picketing to be valid, which of the following requisites should be complied with? a. There must be a valid ground in support thereof b. It must be conducted peacefully c. A notice to picket must be filed with the NCMB d. Majority of the members of the union should vote in favor of the holding of the picket 4. Maling-Mali Labor Union wanted to file a notice of strike because of the termination of its president. Which among the following agencies has jurisdiction to take cognizance of the notice of strike on this ground? a. Office of the Voluntary Arbitrator b. National Conciliation and Mediation Board c. Bureau of Labor Relations d. National Labor Relations Commission 5. What is the nature of the dismissal of a corporate officer? a. Inter-corporate b. Civil c. Labor d. Intra-corporate

Answer Key AL 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. c a a c d a a b d c b c b c a c c d b a c a b d b d a b c a c c c c c c e c b a d c b c b

Paolo

1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5.

d a a b b c d a b b d a b b d

Adee

Chiri

Josh

Yan

Rachelle

Thil

Chattie

VP

Madel

Maui

Madels added notes to MCQ answers: 1. C Standard Chartered Bank v Confesor, GR 114974, 16 June 2004 2. E Prohibits the situation where the supervisory union and rankand-file union operating within the same establishment are both affiliated with one and the same federation because of the possible conflict of interest which may arise in the areas of discipline, collective bargaining and strike. This has already been rendered nugatory by RA 9481 (Article 245-A LC) 3. C Me Shurn Corp v Me Shurn Workers Union-FSM, GR 156292, 11 January 2005 4. B Application of Article 257 LC and California Manufacturing Corporation v Laguesma, GR 97020, 8 June 1992 5. A Application of Article 257 LC and California Manufacturing Corporation v Laguesma, GR 97020, 8 June 1992