1. What is Party List System?

According to the Commission on Election, The party-list system is a mechanism of

proportional representation in the election of representatives to the House of Representatives
from national, regional and sectoral parties or organizations or coalitions thereof registered
with the Commission on Elections (COMELEC). Component parties or organizations of a
coalition may participate independently provided the coalition of which they form part does
not participate in the party-list system.
2. Distinguish District Representatives from Party-list Representatives.
According to the COMELEC, The House of Representatives is one of the two houses of the
Congress (a bicameral legislature). The other house is the Senate. The composition and
powers of the House are established in Article One of the United States Constitution. While
Party-list representatives are indirectly elected via a party-list election wherein the voter
votes for the party and not for the party's nominees the votes are then arranged in descending
order, with the parties that won at least 2% of the national vote given one seat, with
additional seats determined by a formula dependent on the number of votes garnered by the
party.
3. Explain how the number of seats in party-list is determined?
The parties, organizations, and coalitions shall be ranked from the highest to the lowest based
on the number of votes garnered during the elections. The parties, organizations, and
coalitions receiving at least two percent (2%) of the total votes cast for the party-list system
shall be entitled to one seat each: provided, that those garnering more than two percent (2%)
of the votes shall be entitled to additional seats in proportion to their total number of votes:
provided, finally, that each party, organization, or coalition shall be entitled to not more than
three (3) seats.
4. Are party-list groups need to be marginalized? Discuss the 3 kinds of parties according to
the Supreme Court.

The Supreme Court of the Philippines, issued a new set of guidelines for the agency, the high
court said that organizations under the party-list system do not need to represent any
marginalized and underrepresented sector. Sectoral parties or organizations may either be
marginalized and underrepresented or lacking in well-defined political constituencies. It is
enough that their principal advocacy pertains to the special interest and concern of the secto.
The judicial body also added that marginalized sectors include labor, peasant, fisher folk,
urban poor, indigenous cultural communities, handicapped, veterans and overseas workers.
Those that lack well-defined political constituencies, meanwhile, are professionals, the
elderly, women and the youth. There are three general, main types of party, single or
dominant party systems, two-party systems, or multi-party systems.
5. Are Ang Ladlad LGBT Party and Magdalo Para sa Pagbabago qualified to be registered
as party-list? Explain why or why not?
According to the Supreme Court, The LGBT community is not exempted from the exercise
of its constitutionally vested rights on the basis of their sexual orientation. Laws of general
application should apply with equal force to LGBTs, and they deserve to participate in the
party-list system on the same basis as other marginalized and under-represented sectors.
Discrimination based on sexual orientation is not tolerated ---not by our own laws nor by any
international laws to which do we adhere. Therefore Ang Ladlad Party List is qualified to be
registered as a party. While Magdalo Party List, is not qualified to be registered as a party list
because the fact that they were in full battle gear at the time of the mutiny clearly show their
purpose in employing violence and using unlawful means to achieve their goals in the
process defying the laws of organized societies which is against in the laws of Comelec.
6. What are the qualifications of the Nominees?
According to the COMELEC the Qualification of Party-List Nominees are follows. –
No person shall be nominated as party-list representative unless he is a natural born citizen
of the Philippines, a registered voter, a resident of the Philippines for a period of not less than
one (1) year immediately preceding the day of the election, able to read and write, bona fide
member of the party or organization which he seeks to represent for at least ninety (90) days
preceding the day of the election, and is at least twenty-five (25) years of age on the day of
the election. In case of a nominee of the youth sector, he must at least be twenty-five (25) but
not more than thirty (30) years of age on the day of the election. Any youth sectoral
representative who attains the age of thirty during his term shall be allowed to continue until
the expiration of his term.
7. What is the effect of transfer of nominee of to other party?
According to Republic Act 7941 Section 15 of the law provides that, any elected party-list
representative who changes his political party or sectoral affiliation during his term of office
shall forfeit his seat: Provided, That if he changes his political party or sectoral affiliation
within six (6) months before an election, he shall not be eligible for nomination as party-list
representative under his new party or organization.
8. Are partly-list groups still relevant in our country? Explain why or why not.
Definitely Yes, because today many individuals or group of people who are willing to join
and enter into a party list group in order to address their personal desire in life or to have a
power in the government. Many people believe particularly those who belong on the
marginalize society that party list groups are their voice in the government in order to address
and tackle their need and wants.
9. What is your understanding of the Constitutional right to association?
Freedom of association is the right to join or leave groups of a person's own choosing, and
for the group to take collective action to pursue the interests of members. It is both an
individual right and a collective right, guaranteed by all democratic legal systems, including
the Bill of Rights of our Constitution .Freedom of association is primarily manifested through
the right to join a trade union, free speech or debating societies, political parties, or any other
club or association such as religious groups, fraternities, or sport clubs. The right to freedom
of association may be understood to include the right to freedom of assembly.
10. Can members of Iglesia ni Cristo be compelled to join labor union despite closed shop
agreement? Explain why or why not.
No. In R.A. 3350, it provides exception to the members of religious sects who prohibit such
joining of associations/unions cannot be coerced in joining such unions even if there are closed shop
agreements. And also the purpose of R.A. 3350 was to insure freedom of belief and religion, and to
promote the general welfare by preventing discrimination against those members of religious sects
which prohibit their members from joining labor unions.
11. Is the expulsion of a homosexual member of Boy Scouts of America a violation of the
right to association? Why or why not?
No. because in the case of Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), the
Supreme Court of the United States decided on June 28, 2000, that held that the
constitutional right to freedom of association allows a private organization like the Boy
Scouts of America (BSA) to exclude a person from membership when "the presence of that
person affects in a significant way the group's ability to advocate public or private
viewpoints. In a five to four decision, the Supreme Court ruled that opposition to
homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult
leaders would interfere with that message. It reversed a decision of the New Jersey Supreme
Court that had determined that New Jersey's public accommodations law required the BSA to
readmit assistant Scoutmaster James Dale, who had made his homosexuality public and
whom the BSA had expelled from the organization. On June 28, 2000, the Supreme Court
ruled 5-4 that the Boy Scouts of America (BSA) can discriminate against gay men and boys
by prohibiting them from becoming or remaining members. This case involved James Dale,
an assistant scoutmaster removed from the Boy Scouts nine years ago when organizational
leaders discovered that he was gay. Mr. Dale sued for reinstatement. The New Jersey State
Supreme Court unanimously held that the BSA constituted a "place of public
accommodation," and that it was therefore not permitted to discriminate against Dale. That
ruling conflicted with an unrelated March 1998 decision in the Boy Scouts' favor by the
California Supreme Court that held that the organization was not a business and was
therefore free to exclude gays.
12. What is Labor Organizations?
As defined by dictionary.com, Labor Organizations are the group of employees formed for
the purposes of representing those employees with the employer as to the terms of a
collective contract of employment.
13. Please explain the Constitutional right to self-organization?
Constitutional right to self-organization. It is the right of workers and employees to form,
join or assist unions, organizations or associations for purposes of collective bargaining and
negotiation and for mutual aid and protection. It also refers to the right to engage in peaceful
concerted activities or to participate in policy and decision-making processes affecting their
rights and benefits. Article 13 social justice and human rights. Section 3. The State shall
afford full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all. It shall guarantee the
rights of all workers to self-organization, collective bargaining and negotiations, and peaceful
concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and benefits as may
be provided by law.
14. Based on the cases given in the syllabus, who are not allowed to join or organize labor
unions?
According to Executive Order Number 180 Sections 3. High-level employees whose
functions are normally considered as policy-making or managerial or whose duties are of a
highly confidential nature shall not be eligible to join the organization of rank-and-file
government employees. In addition DOLE Department Order No. 9, Series of 1997,
supervisory employees shall not be eligible for membership in a labor organization of the
rank-and-file employees but may form, join or assist separate labor organizations of their
own. Managerial employees shall not be eligible to form, join or assist any labor organization
for purposes of collective bargaining.

15. What is certification election? Explain fully its process.

According to the Department of Labor and employment, Certification election is a process of
determining through secret ballot the sole and exclusive bargaining agent (SEBA) of all the
employees in an appropriate bargaining unit for the purpose of collective bargaining.
Among the important requirements are the following:
That the bargaining unit is unorganized or that there is no registered CBA covering the
employees in the bargaining unit; If there exists a duly registered CBA, that the petition is
filed within the sixty-day freedom period of such agreement; If another union had been
previously recognized voluntarily or certified in a valid certification, consent or run-off
election, that the petition is filed outside the one-year period from entry of voluntary
recognition or conduct of certification or run-off election and no appeal is pending thereon.
In an organized establishment, the signature of at least twenty-five (25%) percent of all
employees in the appropriate bargaining unit shall be attached to the petition at the time of its
filing (Section 4, Rule VIII, of the Department Order No. 40-03).
16. What is the duty to bargain?
Duty to Bargain is a, Mutual obligation of the management of a firm and the union
representing its employees, to meet and discuss wages, working hours, conditions and terms
of employment, and any specific grievance, etc., in good faith. Such bargaining does not
require either party to consent to a binding proposal, or to make a concession.
17. Explain what is Collective Bargaining Agreement (CBA)?
According to DOLE Collective Bargaining Agreement, is a process where the parties agree
to fix and administer terms and conditions of employment which must not be below the
minimum standards fixed by law, and set a mechanism for resolving their grievances. It is a
contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations with
respect to wages, hours of work and all other terms and conditions of employment, including
proposals for adjusting any grievances or questions under such agreement.
18. Discuss the different mandatory provisions of the CBA.
Base on the DOLE, The general purpose of this Agreement is to establish and maintain
collective bargaining relations between the employer and its employees and to provide a
mechanism for the prompt and equitable disposition of grievances and to maintain and
establish wages, hours of work and other working conditions as herein provided.
Recognition and Scope The employer recognizes the Union as the sole bargaining agent for
all employees except for those employees.
Management Rights. The Union recognizes and acknowledges that management of the
operations and direction of the working force are fixed exclusively in the employer, and the
employer has the right without restricting the generality of the foregoing to:
Maintain order and efficiency.
Hire, promote, demote, classify, transfer, suspend and rehire employees, and to discipline or
discharge any employee for just cause provided that a claim by an employee who has
acquired seniority, that he/she has been discharged or disciplined without just cause may be
the subject of a grievance and dealt with as hereinafter provided.
Make, enforce and alter, from time to time, rules and regulations to be observed by the
employees. Such rules or regulations shall not be inconsistent with the terms of this
Agreement.
The employer agrees that these functions shall only be exercised in a manner consistent with
the provisions of this Agreement
Union Security. Consider if employees would be required to be members of the union in
order to be and/or remain employed, or if employees would automatically have union dues
deducted from their pay whether or not they are members of the union.
Representation. Provide for the number of union stewards, the composition of the union
negotiating committee, the number of union/employee representatives on the Health and
Safety Committee, etc.
Seniority. Both parties recognize that job security shall increase in proportion to length of
service. Therefore, in the event of a layoff, employees shall be laid off in reverse order to
their bargaining unit wide seniority. An employee about to be laid off may bump an
employee with less seniority in his/her work grade, or lower, provided the employee
exercising the right is qualified to perform the work of the employee with less seniority.
Likewise, in the event of recall, employees shall be recalled in order of their seniority.
Grievance Procedure
Provide a grievance procedure that respects the internal responsibility of management to
attempt to resolve disputes. Pay particular attention to the level of management that will be
involved in the resolution of the dispute at its various stages and to the timelines for
advancing the grievance to the next step.
Arbitration. Provide for a process for submitting unresolved dispute to arbitration in
accordance with the applicable labour legislation. Provide for the composition of the
arbitration panel (if not using a sole arbitrator), the names of sole arbitrators that are mutually
agreed upon, the mandatory timelines for arbitration, and the cost sharing between the
parties.
Term of the Agreement Generally, the agreement must be for a minimum of one-year period.
A clause may be inserted which specifies when either party is to give notice to bargain a
renewal agreement and signifies what happens to the agreement upon its expiry (e.g.
continues until a renewal agreement is negotiated).
19. How long is the duration of the economic and representation provisions of a CBA?
According to the Department of Labor and Employment, With respect to representation
aspect, the CBA lasts for 5 years. However, not later than 3 years after the execution of the
CBA, the economic provisions shall be renegotiated.
20. What is the concept of “freedom period” in the CBA.
Freedom period in the CBA. It refers to the last sixty days immediately preceding the
expiration of the five-year CBA. A petition for certification election may be filed during the
freedom period. The application for CBA registration shall be filed at the Regional Office
that issued the certificate of registration or certificate of creation of chartered local of the
labor union-party to the agreement. The application for registration of the CBA shall be filed
within thirty (30) days from the execution of such CBA.
21. Discuss the different kinds of Union Security Clause?
There are five kinds of Union Security Clause:
Closed shop—the employer agrees to hire only union members. An employee who resigns
from the union must be dismissed.
Union shop—the employer may hire anyone regardless of their union membership status, but
the employee must join the union within a set time period (such as 30 days). An employee
who resigns from the union must be dismissed.
Agency shop—the employer may hire anyone regardless of their union membership status,
and the employee need not join the union. However, all non-union employees must pay a fee
(known as the "agency fee") to the union to cover the costs of collective bargaining (and, in
some countries, other fees as well). An employee who resigns from the union may not be
dismissed but must pay the agency fee.
Fair share provision—the employer may hire anyone regardless of their union membership
status, and the employee need not join the union. However, all non-union employees must
pay a fee (known as the "fair share fee") to the union to cover the costs of collective
bargaining. An employee who resigns from the union may not be dismissed but must pay the
fair share fee. In public sector collective bargaining, where the agency shop is often
outlawed, the fair share provision (almost identical to the agency fee) may be negotiated
instead.
Dues check off—A contract between the employer and union where the employer agrees to
collect the dues, fees, assessments, and other monies from union members and/or non-
members directly from each worker's paycheck and transmit those funds to the union on a
regular basis.
22. Discuss the concept of Unfair Labor Practices (ULP) and discuss each ULP.
ULPs are offenses committed by the employer or labor organization which violate the
constitutional right of workers and employees to self-organization. ULP acts are inimical to
the legitimate interests of both labor and management, disrupt industrial peace and hinder the
promotion of healthy and stable labor-management relations. (Art. 248 of the Labor Code, as
amended).Examples of unfair labor practices initiated by an employer range from restraining
employees from organizing union support and attempting to manipulate bargaining practices
by providing illegal assistance or financial support to a union for personal or professional
gain. Employers are also enacting unfair labor practices when they discipline employees for
filing complaints, providing testimony to union representatives or if they dominate any
aspect of union organizations. Unions can also be in violation of labor practices. For
example, it is considered an unfair labor practice for a union to strike or boycott for an illegal
purpose. In addition, when unions threaten nonunion members or stop their ability to cross a
picket line, the organization is in violation of fair labor practices. To remain fair and ethical,
unions must also refrain from charging excessive membership fees or restraining a union
member from representation.
23. Discuss the forms of concerted activities.
Protected Concerted Activity is a legal term used in labor policy to define employee
protection against employer retaliation. It is a legal principle under the subject of the freedom
of association. It defines the activities workers may partake in without fear of employer
retaliation.
24. Discuss the requisites of a valid strike.
According to DOLE, A strike or lockout is valid if, It must be based on a valid and factual
ground; if NOTICE shall be filed with the National Conciliation and Mediation Board
(NCMB) at least 15 days before the intended date of the strike or lockout if the issues raised
are unfair labor practices, or at least 30 days before the intended date thereof if the issue
involves bargaining deadlock. A strike must be approved by a majority vote of the members
of the Union and a lockout must be approved by a majority vote of the members of the Board
of Directors of the Corporation or Association or of the partners in a partnership, obtained by
secret ballot in a meeting called for that purpose.
A strike or lockout VOTE shall be reported to the NCMB-DOLE Regional Branch at least 7
days before the intended strike or lockout subject to the cooling-off period.
25. When can the Secretary of Labor assume jurisdiction in labor disputes and discuss its
effects
Except as otherwise provided under this Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the
submission of the case by the parties for decision without extension, even in the absence of
stenographic notes, the following cases involving all workers, whether agricultural or non-
agricultural:
Unfair labor practice cases;
Termination disputes;
If accompanied with a claim for reinstatement, those cases that workers may file involving
wages, rates of pay, hours of work and other terms and conditions of employment;
Claims for actual, moral, exemplary and other forms of damages arising from the employer-
employee relations;
Cases arising from any violation of Article 264 of this Code, including questions involving
the legality of strikes and lockouts; and
Except claims for Employees Compensation, Social Security, Medicare and maternity
benefits, all other claims arising from employer-employee relations, including those of
persons in domestic or household service, involving an amount exceeding five thousand
pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.
The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor
Arbiters.
Cases arising from the interpretation or implementation of collective bargaining agreements
and those arising from the interpretation or enforcement of company personnel policies shall
be disposed of by the Labor Arbiter by referring the same to the grievance machinery and
voluntary arbitration as may be provided in said agreements. (As amended by Section 9,
Republic Act No. 6715, March 21, 1989)

26. Research and discuss what are the illegal forms of strikes.
Intermittent strikes, involving the constant repetition of short strikes in which the employees
attempt to pressure the employer to concede to their demands while still receiving wages.
Work to rule or slowdown strikes, in which employees fail to perform the duties which the
employer has historically required them to perform. In-facility or sit down strikes, in which
the striking employees take possession of the employer's property and block others from
entering. Organization picketing when the employer has lawfully recognized another union,
or when a valid election has been conducted within the preceding of 12 months. And last
Secondary boycotts, in which the employees picket a neutral employer and Violence and
mass picketing.

27. Are labor unions still relevant in our society? Explain why or why not.
For me, I think Labor unions are not really relevant or active in our society today because in
some concerns of its members of not doing really its functions as a union and not protecting
totally the welfare of its members. According to the Manila times, there has been a general
decline of unionism in the country over the past three decades. The number of card-carrying
union members would probably be just around 10 percent of the country’s workforce. The
number of collective bargaining agreements (CBAs) registered with the Labor department is
not any more encouraging. So indeed, it is clear that labor unions are not so relevant in the
Philippines.