LAW-AND-PROFESSIONAL-ISSUES-IN-MEDICAL-TECHNOLOGIES.pptx

LAW AND
PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES
Transforming Medical
Technology Practice
Atty. ALBERT G. CONG

SPEAKER’S ABSTRACT
Medical and surgical procedures, drugs, equipments and facilities, and the
organizational and supportive systems within which care is provided, are
among the focused studies in the field of Medical Technologies. It is not
just the technologies but the people behind them that diagnose, treat
and/or improve a person's health and wellbeing. To date, the Medical
Technology Industry is among the world's fastest growing industry sectors.
It compasses a wide range of healthcare solutions, and devices for early
and rapid diagnosis, minimally invasive treatments, digitized healthcare,
and care and delivery solutions. Notwithstanding trends and concepts, with
the fast-paced development and acceleration specifically on the mayhem
between its professionals, comes a bundle of challenges and in this case,
the laws and professional issues in Medical Technologies and how the
noble practice should be transformed.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES
by Atty. Albert G. Cong

LEARNING OUTCOMES
After the topic discussion, the participants will be able to:
1. Be equipped with knowledge on the laws and professional issues
in Medical Technologies;
2. Understand the law types and its examples, to wit:
a. Constitutional law;
b. Civil law;
c. Labor aw; and
d. Other laws;
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LEARNING OUTCOMES
3. Know the legal difference of wage and salary in relation to their
field of interest and other relevant scenarios under the rule of law;
and
4. Assimilate the established laws concerning the realms in Medical
Technologies and the healthcare in general and identify when and
how are they going to use such existing laws that concern to their
prerogatives and responsibilities as medical professionals.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW. Definition:
The system of rules which a particular country or
community recognizes as regulating the actions of
its members and which it may enforce by the
imposition of penalties. (Google)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW
Constitutional Law
Civil Law
Labor Law
Other Laws
TYPES/EXAMPLE
S:
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW
Constitutional Law
TYPES/EXAMPLE
S:
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Constitutional Law
Definition:
A body of fundamental principles or established
precedents according to which a state or other
organization is acknowledged to be governed.
(Google)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Doctrine of Constitutional Supremacy
If a law or contract violates any norm of the
constitution, that law or contract, whether
promulgated by the legislative or by the executive
branch or entered into by private persons for
private purposes, is null and void and without any
force and effect. Thus, since the Constitution is the
fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and
contract. (Manila Prince Hotel vs. GSIS, 267 SCRA
408 [1997] Bellosillo])
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What is the Nature of the Philippine State?
A:
-It is Democratic, as participatory democracy, and
contemplates instances where the people would act
directly, and not through their representatives
(Tolentino vs. COMELEC, G.R. No. 148334, January 21,
2004).
-It is Republican, as it is a representative government
run by and for the people, its essence in representation
and renovation (Cruz, Philippine Political Law, 2002 ed.,
p.52)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Section 3. Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the
national territory.
Q: What is Civilian Supremacy?
A: Civilian Supremacy, teaches the supremacy of the
sovereign Filipino people in line with the principle that
“sovereignty resides in the people and all government
authority emanates from them”, and this supremacy is at
all times, supreme over the military”.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW
Civil Law
TYPES/EXAMPLE
S:
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Civil Law
Definition:
Civil law is a body of rules that defines and
protects the private rights of citizens, offers legal
remedies that may be sought in a dispute, and
covers areas of law such as contracts, torts,
property and family law.
(Legaldictionary.net)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW on OBLIGATIONS and CONTRACTS
LAW on OBLIGATIONS
Art. 1156. An obligation is a juridical necessity to give, to
do, or not to do.
The legal relation between one party and another, the
latter is bound to the fulfilment of a prestation (giving,
doing or not doing) which the former may demand from
him. (Manresa)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What are the Sources of Obligation?
A: Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-Contracts;
(4) Acts or Omissions punished by Law; and
(5) Quasi-Delicts
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Art. 1158. Obligations derived from law are not
presumed. Only those expressly determined in this Code
(Civil Code) or in special laws are demandable, and shall
be regulated by the precepts of the law which establishes
them; and as to what has not been foreseen, by the
provisions of this Book (Civil Code)
-Obligations derived from law shall be governed by the
law which establishes them.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

E.g.:
(1) The Obligation of the Husband and the Wife to
support each other (Art. 195, Family Code);
(2) Obligation of the taxpayer to file Income Tax Returns
(Title II, Section 23, NIRC);
(3) The obligation of the legitimate ascendants and
descendants to support each other (Art. 195, Family
Code).
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

CONTRACTS
Art. 1159. Obligations arising from contracts have the
force of law between the contracting parties and should
be complied with in good faith.
Doctrine of Freedom to Contract:
The contract entered into between the parties shall have
the force of law between them.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Quasi-contrast. Concept:
It is a juridical relation which arises from certain
lawful, voluntary and unilateral acts, to the end
that one may be unjustly enriched or benefited at
the expense of another.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Two (2) Principal kinds of Quasi-Contracts:
(1)Negotiorum Gestio – voluntary administration of the
property, business or affairs of a third person without
the consent of authority of its owner.
E.g. When, through an accident or other cause, a
person is injured or becomes seriously ill, and he is
treated or helped while he is not in a condition to
give consent to a contract, he shall be liable to pay
for the services of the physician or other person
aiding him, unless the service has been rendered out
of pure generosity. (Art.2167 Civil Code)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(2) Solutio Indebiti – payment by mistake of an obligation
which was not due when paid.
E.g. If something received when there is no right to
demand it, and it was unduly delivered through
mistake, the obligation to return it arises. (Art.2154,
Civil Code)
- D owes C Php10,000.00 payable on November 30,
2019. On November 20, 2019, D thinking that the
obligation already due paid C the full amount of the
obligation. In this case, C’s obligation is to return the
amount paid because the oblgation is not yet due
and the oblige (C) has no right to demand it.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

DELICTS
Art. 1161. Civil obligations arising from criminal offenses
shall be governed by the penal laws.
Concept:
Every person who is criminally liable is also civilly liable.
(Art. 100, RPC)
Q: What is Included in Civil Liability?
A: Restitution:
The Restitution of the thing itself must be made
whenever possible, with allowance of any deterioration
or diminution of value as determined by court.
-Restoration of something lost or stolen to its owner.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Reparation of the damage caused:
The court shall determine the amount of damage,
taking into consideration the price of the thing,
whenever possible, and its sentimental value to
the injured party, and reparation shall be made.
-Payment of the wrong done
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Indemnification for consequential damages:
Compensation for harm or loss.
E.g. D stole the car of C. While driving the stolen
car looking for a buyer, a 6x6 truck sideswiped the
car causing damage in the amount of
Php50,000.00. In this case, the obligation of D is to
restore or return the car to the owner, C, and to
pay the damage caused amounting to
Php50,000.00. D must also pay the consequential
damage suffered by C, and those suffered by his
family or by third persons by reason of the crime.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

QUASI-DELICTS
Art. 1162. Obligations derived from Quasi-Delicts
shall be governed by the provisions of Chapter 2,
Title XVII of this Book, and by special laws.
Concept:
Quasi-delict, or tort, or Culpa – Aquiliana, is the
wrong committed against a person independent of
contract and without criminal intent.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Kinds of Negligence:
(a) Culpa Aquiliana or Quasi – Delict – the negligence as a
source of obligation.
(b) Culpa Contractual – Negligence in the performance of
an obligation.
Culpa or Negligence distinguished from Dolo or Fraud
Culpa, it is not the act or omission which gives rise to the
responsibility, but the want of care required from the
circumstances.
Dolo, the act done or executed by the actor is willful or
deliberate with an intention to cause the resulting loss.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW on CONTRACTS
Definition:
Art.1305. A contract is a meeting of minds between
two persons whereby one binds himself, with respect
to the other, to give something or to render some
service.
Contracts distinguished from Obligations
Contract is a source of an Obligation as provided in
Art.1157, and defined in Art.1305.
Obligation is the legal tie or relation itself that exists
after the contract was entered into.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Essential Requisites of Contracts:
Article 1318. There is no contract unless the
following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of
the contract;
(3) Cause of the obligation which is established.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

CONSENT
Article 1319. Consent is manifested by the meeting
of the offer and the acceptance upon the thing and
the cause which are to constitute the contract. The
offer must be certain and the acceptance absolute. A
qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind
the offerer except from the time it came to his
knowledge. The contract, in such a case, is presumed
to have been entered into in the place where the
offer was made.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Concept:
Consent is the manifestation of the meeting of the offer
and the acceptance upon the thing and the cause of the
contract.
Requisites of Consent:
(a) Given by Two or more parties
(b) Parties are Capacitated to contract
(c) Consent must Intelligently or Freely given
(d) Express manifestation of the will of the contracting
parties
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

OFFER
The proposition or proposal made by one party to
another to enter into a contract.
It must be CERTAIN, SPECIFIC, DEFINITE so that
the liability or right of the Parties can be
determined
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: In the same case, if after B answered by
letter that he is willing to buy if S could
deliver 1,500, S answered back that he will
deliver 1,500 ballpens, is there an acceptance
that would constitute a perfection of the
contract?
A: Yes. The contract is perfected at the time B
received the counter acceptance letter.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: S writes B offering to sell a piece of land for
Php10,000.00. at the same time S receives a
letter from B offering to buy the said land for
Php10,000.00. is there a perfected contract?
A: None, because neither party knew the offer
of the other at the time the letter was written.
For the contract to be perfected, it is necessary
that one party should accept the offer made by
the other party.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

OBJECT
Article 1347. All things which are not outside the
commerce of men, including future things, may be
the object of a contract. All rights which are not
intransmissible may also be the object of
contracts.
No contract may be entered into upon future
inheritance except in cases expressly authorized
by law.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

All services which are not contrary to law, morals,
good customs, public order or public policy may
likewise be the object of a contract.
Article 1348. Impossible things or services cannot be
the object of contracts.
Article 1349. The object of every contract must be
determinate as to its kind. The fact that the quantity
is not determinate shall not be an obstacle to the
existence of the contract, provided it is possible to
determine the same, without the need of a new
contract between the parties.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Objects of Contracts:
D PoLi T Co
Determinate
Possible
Licit
Transmissible
Within the Commerce of men
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

CAUSE OF CONTRACTS
Concept:
The Cause is the “why of the contract”, the
essential reason which impels the contracting
parties to enter into the contract.
Requisites:
(a) It must Exist
(b) It must be Real
(c) Lawful
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Kinds of Contracts according to Cause:
(a) Onerous – one of the cause of which, for each contracting party,
is the prestation or promise of a thing or service by the other, or the
promise that the parties are reciprocally obligated to each other.
E.g. Sale, Lease.
(b) Remuneratory – one of the cause of which is the service or
benefit remunerated.
E.g. C rendered service as the defense counsel of D who agreed to
pay Php20,000.00 for said service. The object is the Php20,000.00,
while the cause is the services to be performed.
(c) Gratuitous – the cause of which is the mere liberality of the
benefactor or giver.
E.g. Pure Donation, Commodatum
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

STAGES in the Life of the Contract
(a) Preparation or conception: Preparatory steps taken by the parties leading to
the perfection of the contract, otherwise known as the Bargaining Point.
(b) Perfection or Birth: meeting of the minds regarding the subject matter and
the cause of the contract.
Perfection of Contracts:
Expedition Theory:
Contract is perfected from the moment the acceptance is declared or made even
if not made known to the offeror.
Cognition Theory:
Contract is perfected from the moment the acceptance comes to the knowledge
of the offeror.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(c) Consummation or Death or Termination: the parties have
performed their respective obligations and the contract is put to an
end.
Form of Contracts
Q: May a contract be entered into any form?
A: Yes, contracts shall be obligatory in whatever form they may have
been entered into, provided all the essential requisites for their
validity are present. However, when the law requires that a contract
be in some form in order that it may be valid or enforceable, or that
a contract be proven in a certain way, that requirement is absolute
and indispensable. (Art. 1356, NCC)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LAW
Labor Law
TYPES/EXAMPLE
S:
LAW & PROFESSIONAL
ISSUES IN NURSING
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LABOR LAW
Definition:
The Labor Code of the Philippines stands as the law
governing employment practices and labor relations in
the Philippines.
Parties:
Employer: Any person acting in the interest of an
employer, directly or indirectly.
Employee: Any person in the employ of the employer.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Constitutional Provisions
Art.II Declaration of Principles and State Policies
Section 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Section 10. The State shall promote social justice
in all phases of national development.
-Policy of Social Justice – The Law bends over
backward to accommodate the interests of the
working class on the humane justification that
those with less privilege in life should have more in
law.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
-Protection to Labor Clause – The basis of:
(a) Art.1702 New Civil Code – All labor legislation and
labor contracts should be construed in favor of the
safety and decent living for the laborer;
(b) Art. 4 Labor Code – All doubts should be resolved
in favor of labor.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Thus, when conflicting interest of labor and capital
are to be weighed on the scales of social justice,
the heavier influence of the labor force should be
counter-balanced by sympathy and compassion
the law must accord the underprivileged worker.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

EMPLOYER-EMPLOYEE RELATIONSHIP
FOUR-FOLD TEST
(a) Selection and Engagement of Employee
(b) Payment of Wages or Salaries
(c) Exercise of the Power of Dismissal
(d) Exercise of the Power to control the employee’s
conduct
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Kinds of Employment :
(a) Probationary: One who, for a given period of
time, is on observation, evaluation and trial by an
employer during which the employer determines
whether or not he is qualified for permanent
employment.
Period: Should not exceed 6 months from the date
the employee started working.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

 Employer and employe agree on a shorter or
longer period
 Nature of the work to be performed by the
employee requires a longer period
 When a longer period is required and
established by company policy
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(b) Regular: 2 types under Art 295 (Art. 280) of the
Labor Code:
 Those engaged to perform activities which are
usually necessary or desirable in the usaul
business or trade of the employer; and
 Thos who have rendered at least one (1) year of
service, whether such service is continuos or
broken, with respect to the activity within which
they are employed.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Ways of Attaining Regular Employment:
 By Nature of Work: The Employee has been engaged
perform activities which are usually necessary or desirable
in the usaul business or trade of the employer;
 By period of Service: The employee has rendered at least
one (1) year of service, whether such service is continuos or
broken, with respect to the activity within which they are
employed.
 By probationary period: Employment is considered regular
when the employee is allowed to work after a probationary
period.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(c) Project: Are those hired:
 For a specific project or undertaking; and
 The completion or termination of such project has
been determined at the time of their engagement.
Categories of Project Employees:
 A particular job or undertaking that is within the
regular or usual business of the employer company,
but which is distinct and separate, and identifiable as
such from the other undertakings of the company; or
 A particular job or undertaking that is not within the
regular course of business of the corporation.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Litmus Test of Project Employment:
The litmus test of project employment, as
distinguished from regular employment, is
whether or not the project employees were
assigned to carry out specific project or
undertaking, the duration and scope of which
were specified at the timne the employees
were engaged for that project.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(d) Seasonal: is one whose work or service to be performed is
seasonal in nature and the employment is for the duration of
the season.
-Seasonal employees may attain regulairty in their
employment as such. Once they attained such regularity, they
are properly called “Regular Seasonal Employees.”
Requisites for Regularity of Employment of Seasonal
Employees:
(1) Seasonal Employees should perform work or services that
are seasonal in nature; and
(2) They must have also been employed for more than one (1)
season.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(e) Casual:
An employee is engaged to perform a job, work or service which is
merely incidental to the business of the employer, and such job,
work or service is for a definite period made known to the
employee at the time of the engagement.
(f) Fixed-Term:
(1) Fixed period of employment was knowingly and voluntarily
agreed upon by the parties, without any force, duress or improper
pressure ebing brought to bear upon the employee and absent any
other circumstances vitiating his consent; or
(2)It satisfactorily appears that the employer and the employee
dealt with each other on more or less equal terms with no moral
dominance whatever being exercised by the former on the latter.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Fixed Term Employment of OFWs
 OFWs can never acquire regular employment
 Employment contracts of OFWs for indefinite
period are not valid
 OFWs do not become regular employees by
reason of nature of their work
 Series of Rehiring of OFWs cannot ripen into
regular employment
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Labor Laws. General rule: Shall apply to employees in all
establishments and undertakings whether for profit or not. (Art. 82,
LC) Exceptions (NOT Covered):
(1)Government employees (Art. 82; Art. 76)
(2) Managerial Employees including members of the managerial
staff (Art. 82)
(3)Field Personnel (Art. 82)
(4)Members of the family of the employer who are dependent on
him for support (Art. 82);
(5)Domestic helpers and persons in personal service of another
(Art. 141, RA 10361)
(6)Workers who are paid by result as determined by DOLE
regulation (Art. 82)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

HOURS OF WORK
NORMAL HOURS OF WORK
General Rule: 8-Hour Labor Law
The normal hours of work of any employee shall not
exceed eight (8) hours a day. [Art. 83, LC]
Note: Article 83 of the Labor Code only set a maximum of
number of hours as "normal hours of work" but did not
prohibit work of less than eight hours [Legend Hotel v.
Realuyo (2012)]eption the 8-Hour Law:
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Work Hours of Health Personnel
Health personnel in:
(1) Cities and municipalities with a population of at least one
million (1,000,000) OR
(2) Hospitals and clinics with a bed capacity of at least one
hundred (100) shall hold regular office hours for eight (8) hours
a day, for five (5) days a week, exclusive of time for meals,
except where the exigencies of the service require that such
personnel work for six (6) days or forty-eight (48) hours, in
which case, they shall be entitled to an additional
compensation of at least thirty percent (30%) of their regular
wage for work on the sixth day.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

"Health Personnel" shall include
(1) resident physicians,
(2) nurses,
(3) nutritionists,
(4) dietitians,
(5) pharmacists,
(6) social workers,
(7) laboratory technicians,
(8) paramedical technicians,
(9) psychologists,
(10)midwives,
(11)Attendants, and
(12)all other hospital or clinic personnel. [Art. 83, LC]
(13)Medical secretaries are also considered clinic personnel. [Azucena]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Compensable Hours of Work (Art. 84, LC)
Hours worked shall include:
(1) All time during which an employee is required
to be on duty or to be at a prescribed workplace;
AND
(2) All time during which an employee is suffered
or permitted to work.
General principles in determining if time is
considered as hours worked [Book III, Rule 1, Sec.
4, IRR]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(1) All hours are hours worked which the employee is
required to give his employer, regardless of whether or
not such hours are spent in productive labor or involve
physical or mental exertion.
(2) An employee need not leave the premises of the work
place in order that his rest period shall not be counted, it
being enough that he stops working, may rest completely
and may leave his work place to go elsewhere, whether
within or outside the premises of his work place.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(3) If the work performed was necessary, or it benefited the
employer, or the employee could not abandon his work at the end
of his normal working hours because he had no replacement, all
time spent for such work shall be considered as hours worked, if the
work was with the knowledge of his employer or immediate
supervisor.
(4) The time during which an employee is inactive by reason of
interruptions in his work beyond his control shall be considered
working time either:
(a) If the imminence of the resumption of work requires the
employee’s presence at the place of work, or
(b) If the interval is too brief to be utilized effectively and
gainfully in the employee’s own interest.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

On Call
An employee who is:
(1) Required to remain on call in the employer’s premises or so close
thereto
(2) That he cannot use the time effectively and gainfully for his own
purpose shall be considered as working while on call.
Inactive due to work interruptions
The time during which an employee is inactive by reason of
interruptions in his work beyond his control shall be considered
working time either:
(1) If the imminence of the resumption of work requires the
employee's presence at the place of work OR
(2) If the interval is too brief to be utilized effectively and gainfully in
the employee's own interest. [Book III, Rule 1, Sec. 4(d), IRR]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Work interruption due to brownouts
Brownouts of short duration, but not exceeding 20 minutes, shall
be treated as hours worked, whether used productively by the
employees or not.
If they last more than 20 minutes, the time may not be treated as
hours worked if the employees can leave their workplace or go
elsewhere whether within or without the work premises; or the
employees can use the time effectively for their own interest. In
this case, the employer may extend the working hours beyond the
regular schedule on that day to compensate for the loss of
productive man hours without being liable for overtime pay. [Policy
Instruction No. 36, May 22, 1978]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Idle Time
The idle time that an employee may spend for resting and dining
which he may leave the spot or place of work though not the premises
of his employer, is not counted as working time only where the work is
broken or is not continuous. [National Development Co. v. CIR (1962)]
A laborer need not leave the premises of the factory, shop or boat in
order that his period of rest shall not be counted, it being enough that
he "cease to work", may rest completely and leave or may leave at his
will the spot where he actually stays while working, to go somewhere
else, whether within or outside the premises of said factory, shop or
boat. If these requisites are complied with, the period of such rest
shall not be counted. [Luzon Stevedoring Co. v. Luzon Marine
Department Union (1957)]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Proof of Hours worked
Entitlement to overtime pay must first be established by proof
that said overtime work was actually performed, before an
employee may avail of said benefit. [Lagatic v. NLRC (1998)]
Burden of Proof:
When an employer alleges that his employee works less than
the normal hours of employment as provided for in the law,
he bears the burden of proving his allegation with clear and
satisfactory evidence. [Prangan v. NLRC, et. al., G.R. No.
126529, April 15 (1998)].
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

FLEXIBLE WORK ARRANGEMENTS
Broken-time Schedule
The works schedule is not continuous but the work hours within the day or week
remain.
Flexi-holidays
The employees agree to avail the holidays at some other days provided there is
no diminution of existing benefits as a result of such arrangement.
Compressed Work Week (CWW)
[DOLE Advisory No. 02, Series of 2004] Under the CWW scheme, the normal
workday goes beyond eight hours without the corresponding overtime premium.
The total hours of work, however, shall not exceed 12 hours a day or 48 hours a
week, or the employer is obliged to pay the worker the overtime premium in
excess of said work hours.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

MEAL BREAK
General Rule: Subject to such regulations as the Secretary of Labor may prescribe, it
shall be the duty of every employer to give his employees not less than sixty (60)
minutes time-off for their regular meals (Art. 85, LC)
Exception:
Employees may be given a meal period of not less than twenty (20) minutes provided
that such shorter meal period is credited as compensable hours worked of the
employee:
(1) Where the work is non-manual work in nature or does not involve strenuous physical
exertion;
(2) Where the establishment regularly operates not less than sixteen (16) hours a day;
(3) In case of actual or impending emergencies or there is urgent work to be performed
on machineries, equipment or installations to avoid serious loss which the employer
would otherwise suffer; and
(4) Where the work is necessary to prevent serious loss of perishable goods [Book 3,
Rule 1, Sec. 7 par 1, IRR]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

WAGES
Definition
(a) It is the remuneration or earnings, however
designated, capable of being expressed in terms of
money,
(b) Whether fixed or ascertained on a time, task,
piece, or commission basis, or other method of
calculating the same,
(c) Which is payable by an employer to an employee
(d) Under a written or unwritten contract of
employment for work done or to be done, or for
services rendered or to be rendered
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

WAGE SALARY
Paid for skilled or unskilled
manual labor
Paid to white collar workers
and denote a higher grade of
employment
Not subject to execution,
garnishment or attachment
except for debts related to
necessities [Art. 1708]
Not exempt from execution,
garnishment or attachment
[Gaa vs. CA, 1985]
WAGE VS. SALARY
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

MINIMUM WAGE
Definition
Statutory minimum wage is the lowest wage rate fixed by
law that an ER can pay his workers. [IRR, RA 6727, (o)]
General Rule:
The wage increases prescribed under Wage Orders apply
to all private sector workers and employees receiving the
daily minimum wage rates or those receiving up to a
certain daily wage ceiling, where applicable, regardless of
their position, designation, or status, and irrespective of
the method by which their wages are paid.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Exceptions:
(1) Domestic Helpers/kasambahay are covered by RA
10361
(2) Workers of registered barangay micro business
enterprise with Certificates of Authority issued by the
Office of the Municipal or City Treasurer. [RA 9178]
(3) Learners [RA 602]
(4) Apprentices [RA 602]
(5) Handicapped Worker [RA 602]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

DEDUCTIONS FROM WAGES
General Rule:
No employer, in his own behalf or in behalf of any person, shall
make any deduction from the wages of his employees. (Art. 113,
LC)
Exceptions:
(1) In cases where the worker is insured with his consent by the
employer, and the deduction is to recompense the employer for
the amount paid by him as premium on the insurance;
(2) For union dues, in cases where the right of the worker or his
union to check-off has been recognized by the employer or
authorized in writing by the individual worker concerned; and
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(3) In cases where the employer is authorized by law or regulations
issued by the Secretary of Labor and Employment (Art. 113, LC),
such as:
(a) Employee debt to employer is due and demandable (Art. 1706,
CC);
(b) Attachment or execution in cases of debts incurred for
necessities: food, shelter, clothing, medical attendance (Art.
1708, CC);
(c) Withholding tax;
(d) Deductions of a legally established cooperative;
(e) Payment to 3rd parties upon written authority by employee;
(f) Deductions for loss or damage;
(g) SSS, Medicare, Pag-IBIG premiums;
(h) Deduction for value meals and other facilities.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

With Employee’s consent
in Writing
Without Employee’s consent
(1) SSS Payments
(2) PHILHEALTH payments
(3) Contributions to PAG-IBIG Fund
(4) Value of meals and other
facilities
(5) Payments to third persons with
employee’s consent
(6) Deduction of absences
(7) Union dues, where check-off is
not provided in the CBA.
(1) Worker’s insurance acquired by
the employer
(2) Union dues, where the right to
check-off is recognized by the
employer (provided in the CBA)
(3) Debts of the employee to the
employer that have become due and
demandable
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

NON-DIMINUTION OF BENEFITS
General Rule: There is a prohibition against
elimination or diminution of benefits [Art. 100]
No wage order issued by any regional board shall
provide for wage rates lower than the statutory
minimum wage rates prescribed by Congress. [Art.
127, as amended by Republic Act No. 6727, June 9,
1989]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Requisites
If the following are met, then the employer cannot remove or
reduce benefits:
(1) Ripened company policy: Benefit is founded on a policy
which has ripened into a practice over a long period
[Prubankers Assn. vs. Prudential Bank and Co., 1999]
(2) Practice is consistent and deliberate and
(3) Not due to error in the construction or application of a
doubtful or difficult question of law. [Globe Mackay Cable vs.
NLRC, 1988]
(4) The diminution or discontinuance is done unilaterally by
the employer.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

OVERTIME WORK, OVERTIME PAY
Overtime compensation is additional pay for service or work rendered or
performed in excess of eight hours a day by employees or laborers covered by
the Eight-hour Labor Law. [National Shipyard and Steel Corp. v. CIR (1961)]
Rationale:
There can be no other reason than that he is made to work longer than what is
commensurate with his agreed compensation for the statutorily fixed or
voluntary agreed hours of labor he is supposed to do. [PNB v. PEMA (1982)]
Overtime on ordinary working day
Art. 87, LC. Work may be performed beyond eight (8) hours a day provided that
the employee is paid for the overtime work, an additional compensation
equivalent to his regular wage plus at least twenty five percent (25%) thereof.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Overtime work on holiday or rest day
Art. 87, LC. Work performed beyond eight hours on a holiday or rest day shall be paid an
additional compensation equivalent to the rate of the first eight hours on a holiday or rest
day plus at least thirty percent (30%) thereof.
Computation of additional compensation
Art. 90, LC. For purposes of computing overtime and other additional remuneration as
required by this Chapter the "regular wage" of an employee shall include the cash wage
only without deduction on account of facilities provided by the employer.
Base of Computation:
Regular wage – means regular base pay; it excludes money received in different concepts
such as Christmas bonus and other fringe benefits. [Bisig ng Manggagawa ng Philippine
Refining Co. v. Philippine Refining Co (1981)]
BUT when the overtime work was performed on the employee’s rest day or on special
days or regular holidays (Art. 93 and 94), the premium pay, must be included in the
computation of the overtime pay.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Synthesis of Rules
(1) An employer cannot compel an employee to work overtime
Exception: Emergency overtime work as provided for in Art. 89
(2) Additional compensation is demandable only if the employer had
knowledge and consented to the overtime work rendered by the employee.
Exception: Express approval by a superior NOT a requisite to make
overtime compensable:
(a) If the work performed is necessary, or that it benefited the company; or
(b) That the employee could not abandon his work at the end of his eight-
hour work because there was no substitute ready to take his place. [Manila
Railroad Co. v. CIR (1952)]
Note: However, the Court has also ruled that a claim for overtime pay is
NOT justified in the absence of a written authority to render overtime after
office hours during Sundays and holidays. [Global Incorporated v. Atienza
(1986)]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(3) Compensation for work rendered in excess of the eight (8)
normal working hours in a day.
(a) For ordinary days, additional 25% of the basic hourly rate.
(b) For rest day/special day/holiday, additional 30% of the basic
hourly rate.
(4) A given day is considered an ordinary day, unless it is a rest day.
(5) Undertime does NOT offset overtime Undertime work on any
particular day shall not be offset by overtime work on any other day.
Permission given to the employee to go on leave on some other day
of the week shall not exempt the employer from paying the
additional compensation required in this Chapter. [Art. 88, LC]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Ordinary Day Rest
Day/Holiday
Overtime Pay
(25%) additional
25% of the basic
hourly rate.
(30%) additional
30% of the basic
hourly rate.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

No Waiver of Overtime Pay
The right to overtime pay cannot be waived.
Exception: When the waiver of overtime pay is in consideration of benefits
and privileges which may be more than what will accrue to them in overtime pay,
the waiver MAY be permitted. [Meralco Workers Union v. MERALCO (1959)]
NIGHT WORK, NIGHT SHIFT DIFFERENTIAL
Night worker
Any employed person whose work requires performance of a substantial number
of hours of night work which exceed a specified limit.
Night shift differential [Art. 86, LC]
The additional compensation of 10% of an employee’s regular wage for each
hour of work performed between 10pm and 6am.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

HOLIDAY PAY/PREMIUM PAY
Holiday pay is a one-day pay given by law to an
employee even if he does not work on a regular
holiday. This gift of a day’s pay is limited to each of
the 12 regular holidays.
Premium Pay
Premium pay refers to the additional
compensation for work performed within 8 hours
on non-work days, such as rest days and special
days.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Work on any regular holiday, not
exceeding 8 hour Computation
Work on any regular holiday 200% of regular daily wage
Work on any regular holiday which
falls on the scheduled rest day, not
exceeding 8 hours
200% of regular daily wage + 30% of
such amount
Work on special holiday not
exceeding 8 hours
Regular daily wage + 30% thereof
Work on special holiday which falls
on the scheduled rest day
Regular daily wage + 50% of such
amount
Work on any regular holiday,
exceeding 8 hours
Computation
Work on any regular holiday, if it
exceeds 8 hours/overtime
200% of regular daily wage (for the 1st 8
hours) + 30% of hourly rate on said day
Work on any regular holiday which
falls on the scheduled rest day,
exceeding 8 hours
200% of regular daily wage plus 30% of
such amount + 30% of hourly rate on
said day.
Work on special holiday which falls
on the scheduled rest day, exceeding
Regular daily wage + 50% of such
amount+ 30% of hourly rate on said day.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LEAVE
No. Of days Applicable to
Maternity
(R.A. 11210)
105 days paid leave for live childbirth
regardless of the mode of delivery
-Women
-Regardless of Marital status
-Government/Private
- For Private Sector: Three (3)
monthly contributions in the twelve-
month period immediately preceding
the semester of childbirth or
miscarriage
Additional 15 days paid leave for solo
parents
Option to extend up to 30 days
without pay leave for live childbirth
regardless of the mode of delivery
60 days paid leave for
miscarriage or termination of
brith
LEAVES - a Period of Time that one must be away from one’s
primary job while maintaining the status of an employee.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LEAVE
Victims of
Violence
Against
Women
(R.A. 9262)
10 days paid leave -Women
-Victims of VAWC
-Government/Private
Special Leave
Benefits for
Women
(R.A. 9710)
2mos. Paid leave
-Women with Gynecological
Disorders
-Government/Private
-Rendered continuous aggregate
employment service of at least six
(6) months for the last 12 months.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

LEAVE
Alternate
Caregiver/Partn
er Leave
(R.A. 11210)
7 days paid leave
taken from the
Maternity leave of the
Woman
-Any person or any partner of the woman
availing of the Maternity leave
-Government /Private
SOLO Parent
(R.A. 8972)
7 days paid leave
Any person
-Government/Private
-Has rendered service at least one year
Paternity
(R.A. 8187)
7 days paid leave
Husbands to First 4 deliveries of the
Legitimate Spouse
-Government/Private
Service
Incentive
(Art.95 Labor
Code)
5 days paid leave
-Any Person
-Private
-Has rendered service at least one year
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Resignation:
Art. 291, LC: Termination by Employee.
(a) An employee may terminate without just cause the
employer-employee relationship by serving a written
notice on the employer at least one (1) month in
advance. The employer upon whom no such notice was
served may hold the employee liable for damages
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(b) An employee may put an end to the relationship without
serving any notice on the employer for any of the following
requirements:
1. Serious insult by the employer or his representative on the
honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by
the employer or his representative;
3. Commission of a crime or offense by the employer or his
representative against the person of the employee or any of the
immediate members of his family; and
4. Other causes analogous to any of the foregoing.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

TERMINATION OF EMPLOYMENT BY THE
EMPLOYEE
With Notice Without Notice
at least one (1) month in
advance
Anytime
Any Reason
1. Serious insult by the employer
2. Inhuman and unbearable treatment
3. Commission of a crime
4. Other causes analogous to any of
the foregoing.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

JUST CAUSES AUTHORIZED CAUSES
Always based on the
acts attributable to the
employee’s own fault or
negligence
lawful grounds for
termination which in
general do not arise from
fault or negligence of the
employee
JUST CAUSE VS. AUTHORIZED CAUSE
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

JUST CAUSE
Art. 288, LC: Termination by Employer. An employer may terminate an
employment for any of the following causes:
(a) SERIOUS MISCONDUCT or WILLFUL DISOBEDIENCE by the employee of the
lawful orders of his employer or representative in connection with his work;
(b) GROSS and HABITUAL NEGLECT by the employee of his duties;
(c) FRAUD or WILLFUL 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
representatives; and
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(e) Other causes ANALOGOUS to the foregoing.
Other Analogous Causes
(1) Abandonment
(2) Courtesy Resignation
(3) Change of Ownership
(4) Habitual Absenteeism/Tardiness
(5) Past Offenses
(6) Habitual Infractions
(7) Immorality
(8) Conviction/Commission of a Crime
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

AUTHORIZED CAUSE
(1) Installation of labor saving device
(2) Retrenchment to prevent losses
(3) Redundancy
(4) Closure of Business [Art. 289, LC]
(5) Other:
(a) Disease
Installation of Labor-Saving Device
This refers to the installation of machinery to effect economy and
efficiency in the employer’s method of production (Edge Apparel,
Inc. v. NLRC, G.R. No. 121314, Feb. 12, 1998)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Retrenchment to prevent losses
Is an economic ground to reduce the number of employees. Reduction of personnel for
the purpose of cutting down on costs of operations in terms of salaries and wages.
Redundancy
Exist where the services of an employee are in excess of what is reasonably demanded
by the actual requirements of the enterprise.
Closure of Business
The closure of business is a ground for the termination of the services of an employee
unless the closing is for the purpose of circumventing pertinent provisions of labor code.
Disease
An employer may terminate the services of an employee who has been found to be
suffering from any disease and whose continued employment is prohibited by law or is
prejudicial to his health as well as health of his co-employees.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Retrenchment Redundancy Closure
Reduction of personnel
usually due to poor
financial returns so as to
cut down on costs of
operations in terms of
salaries and wages
The service of an Employee
is in excess of what is
required by an enterprise
The reversal of the fortune of
the employer whereby there
is a complete cessation of
business operations and/or
actual locking-up of the doors
of the establishment, usually
due to financial losses
Resorted to primarily to
avoid or minimize business
losses
To save production costs Helps further financial drain
upon the Employer
Employee is entitled to
separation pay of 1 month
pay or 1/2 month pay per
year of service, whichever
is higher
Employee is entitled to
year of service, whichever is
higher
In case of closure of business
not due to serious business
losses, the employer pays the
employees terminated
year of service, whichever is
higher
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Requisites for Valid Dismissal
(1) Substantive due process: The dismissal must be for any of the causes provided
for in Article 288 – 290 of the Labor Code; and
(2) Procedural due process: The employee must be afforded an opportunity to be
heard and defend himself. [Fujitsu Computer Products Corporation of the Phil. v.
Court of Appeals, G.R. No. 158232, March 31, 2005]
TWIN-NOTICE REQUIREMENT
The employer has the burden of proving that a dismissed worker has been served
two notices:
(1) The first to inform the employee of the particular acts or omissions for which
the employer seeks his dismissal, and
(2) The second to inform the employee of his employer's decision to terminate him.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Notice specifying the grounds
for which dismissal is sought
Hearing or opportunity to
be heard
Notice of the decision to
dismiss
PROCEDURE TO BE OBSERVED IN
TERMINATION CASES
JUST CAUSE
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Situation Validity of
Dismissal
Liability of ER
Just or Authorized
Cause
+ Due Process
Valid No liability.
Separation pay only in
authorized cause
No Just or Authorized
Cause
+ Due Process
Invalid Reinstatement or separation pay.
If reinstatement not possible, +
full backwages
No Just or Authorized
Cause
+ No Due Process
Invalid Reinstatement or separation pay.
If reinstatement not possible, +
full backwages
Just or Authorized
Cause
+ No Due Process
Valid Liable for damages due to
procedural infirmity.
Separation pay if for authorized
cause
CONSEQUENCES FOR NON-COMPLIANCE OF
PROCEDURAL DUE PROCESS

ILLEGAL RECRUITMENT (MIGRANT WORKERS ACT R.A. 10022)
“Recruitment and placement" refers to any act of (C-E-C-T-U-H)
(a) Canvassing,
(b) Enlisting,
(c) Contracting,
(d) Transporting,
(e) Utilizing, or
(f) Hiring procuring workers,
And also includes
(a) Referrals,
(b) Contract services,
(c) Promising, or
(d) Advertising for employment, locally or abroad, whether for profit or not
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What is Simlegal Recruitment?
A: Simple Illegal Recruitment is committed where
a person:
(a) Undertakes any recruitment activity or any
prohibited practice enumerated in Art. 34 and
Art. 38 of the Labor Code; and
(b) Does not have any License or Authority to
lawfully engage in the recruitment and placement
of workers.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Prohibited Acts
"(a) To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay or acknowledge any amount greater
than that actually received by him as a loan or advance;
Xxx
xxxxx
"(d) To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;
"(e) To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency or who has
formed, joined or supported, or has contacted or is supported by any union or
workers' organization;
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

"(i) To substitute or alter to the prejudice of the worker, employment
contracts approved and verified by the Department of Labor and
Employment from the time of actual signing thereof by the parties up
to and including the period of the expiration of the same without the
approval of the Department of Labor and Employment;
XxxXX
"(k) To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations, or for any
other reasons, other than those authorized under the Labor Code and
its implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid
reason as determined by the Department of Labor and Employment;
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

"(m) Failure to reimburse expenses incurred by the worker in
connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually take
place without the worker's fault. Illegal recruitment when
committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum,
which will be used for payment of legal and allowable placement fees and make the migrant worker
issue, either personally or through a guarantor or accommodation party, postdated checks in relation to
the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required
to avail of a loan only from specifically designated institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's
employment contract has been prematurely terminated through no fault of his or her own;
to undergo health examinations only from specifically designated medical clinics, institutions, entities
or persons, except in the case of a seafarer whose medical examination cost is shouldered by the
principal/shipowner;
to undergo training, seminar, instruction or schooling of any kind only from specifically designated
institutions, entities or persons, except for recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

License Recruitment/Pla
cement
Prohibited Acts Legal/Illegal
Y Y N Legal
Y Y Y Illegal
Y N N -
N Y N Illegal
N Y Y Illegal
N N N -
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

ILLEGAL RECRUITMENT IN LARGE SCALE
Illegal recruitment by a syndicate
(1) The offender undertakes either any activity within the meaning of
"recruitment and placement" defined under Article 13(b), or any of the
prohibited practices enumerated under Art. 34 of the Labor Code;
(2) He has no valid license or authority required by law to enable one to lawfully
engage in recruitment and placement of workers; AND
(3) The illegal recruitment is committed by a group of three (3) or more persons
conspiring or confederating with one another. [People v. Gallo (2010)]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Illegal recruitment in large scale
The acts committed by the accused constituted illegal recruitment
in large scale, whose essential elements are the following:
(1) The accused engages in acts of recruitment and placement of
workers defined under Article 13(b) of the Labor Code or in any
prohibited activities under Article 43 of the Labor Code;
(2) The accused has not complied with the guidelines issued by the
Secretary of Labor and Employment, particularly with respect to
the securing of license or an authority to recruit and deploy
workers, either locally or overseas; and
(3) The accused commits the unlawful acts against three or more
persons individually or as a group.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Illegal
Recruitment
Recruitment/
Placement
License Commission
BY A
SYNDICATE
Y N Committed by 3 or
more persons
IN LARGE
SCALE
Y N Committed against
3 or more persons
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

ILLEGAL RECRUITMENT INVOLVING MIGRANT WORKERS [Sec. 7, RA 8042 as amended by
RA 10022]
Common Rules on Liability:
(1) Employees of a company corporation engaged in illegal recruitment may be held
liable as principal, together with his employer, if it is shown that he actively and
consciously participated in illegal recruitment.
(2) Local Employment Agency is solidarily liable with foreign principal.
Severance of relations between local agent and foreign principal does not affect liability of
local recruiter. Private employment agencies are held jointly and severally liable with the
foreign based employer for any violation of the recruitment agreement or contract of
employment. This joint and solidary liability imposed by law against recruitment agencies
and foreign employers is meant to assure the aggrieved worker of immediate and
sufficient payment of what is due him. [Becmen Service Exporter and Promotion, Inc. v.
Spouses Cuaresma, G.R. 182978-79, April 7, 2009]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

(3) 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. [Becmen Service Exporter and Promotion, Inc. v.
Spouses Cuaresma, G.R. 182978-79, April 7, 2009]
(4) Foreign employer shall assume joint and solidary liability
with the employer for all claims and liabilities which may arise in
connection with the implementation of the contract, including
but not limited to payment of wages, death and disability
compensation and repatriation
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

NEGLIGENCE
Q: What is Negligence?
A: Negligence has been defined as the failure to observe for the protection of
the interests of another person or the degree of care, precaution and vigilance
which the circumstances justly demand, whereby such other person suffers
injury [PNR et al. vs. CA, GR No. 157658, October 15, 2007]
Standard of Care:
Q: What is the standard of care that should be observed?
A: Diligence of a Good Father of a Family. It means that in rendering our
obligations to other persons, we should provide the care and caution that we
would have otherwise done in the exercise of handling the affairs of our own
family.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Malpractice:
Q: What constitutes Medical Malpractice?
A: The elements of medical negligence are:
(1) duty;
(2) breach;
(3) injury; and
(4) proximate causation.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

CASUMPANG, et al, vs. CORTEJO G.R. No. 171127, March 11, 2015
Once a physician-patient relationship is established, the LEGAL DUTY of
care follows. The doctor accordingly becomes duty-bound to use at least
the same standard of care that a reasonably competent doctor would
use to treat a medical condition under similar circumstances.
BREACH OF DUTY occurs when the doctor fails to comply with, or
improperly performs his duties under professional standards. This
determination is both factual and legal, and is specific to each individual
case.
If the patient, as a result of the breach of duty, is INJURED in body or in
health, actionable malpractice is committed, entitling the patient to
damages.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

To successfully claim damages, the patient must lastly
prove the causal relation between the negligence and the
injury. This connection must be direct, natural, and
should be unbroken by any intervening efficient causes.
In other words, the negligence must be the PROXIMATE
CAUSE of the injury.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: Who are liable for Negligence or Medical Malpractice?
A:
Actor: the one who committed the negligence.
Article 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict
Doctors/Supervisors: Respondeat Superior
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Hospital:
Art. 2180. Employers shall be liable for the damages caused by
their employees and household helpers acting within the scope of
their assigned tasks, even though the former are not engaged in any
business or industry.
doctrine of apparent authority.
a hospital can be held vicariously liable for the negligent acts of a
physician providing care at the hospital, regardless of whether the
physician is an independent contractor, unless the patient knows, or
should have known, that the physician is an independent contractor.
The elements of the action have been set out as follows:
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

For a hospital to be liable under the doctrine of apparent authority, a
plaintiff must show that:
(1) the hospital, or its agent, acted in a manner that would lead a
reasonable person to conclude that the individual who was alleged
to be negligent was an employee or agent of the hospital;
(2) where the acts of the agent create the appearance of authority,
the plaintiff must also prove that the hospital had knowledge of and
acquiesced in them; and
(3) the plaintiff acted in reliance upon the conduct of the hospital or
its agent, consistent with ordinary care and prudence. (Emphasis
supplied) [CASUMPANG, et al, vs. CORTEJO G.R. No. 171127, March
11, 2015]
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

HOSPITAL WORKER SHAMING
Q: What is Hospital Worker Shaming?
A: Incivility and bullying in the workplace which are intimidating
forces that result in shame responses and threaten the well-being of
hospital workers. (Google)
Q: What are the liabilities of a person guilty of hospital worker
shaming?
A: The person can be criminally and civilly liable.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What are the Criminal Liabilities guilty of Hospital
Worker Shaming?
A: (1) Art. 355. Libel by means of writings or similar means
(2) Cyberlibel under Sec. 4, Par. C, Subsection 4 of R.A.
10175 Anti – Cyber Crime Law
(3) Art. 358. Slander
(4) Art. 359. Slander by deed
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What is Libel?
A: A libel is public and malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead. [Art.
353, RPC]
Q: How is it committed?
A: Committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What is Slander?
A: Spoken Oral Defamatory statement.
Q: What is Slander by Deed?
A: It is libel committed by actions rather than words.
Q: How is Slander by Deed committed?
A: A crime against honor committed by performing any
act, which casts dishonor, discredit, or contempt upon
another person.
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

Q: What are Damages?
A: Damages are the pecuniary compensation,
recompense, or satisfaction for an injury
sustained, or as otherwise expressed, the
consequences which the law imposes for breach
or some duty or the violation of some right
(People vs. Ballesteros, G.R. No. 120921, January
29, 1998)
LAW & PROFESSIONAL
ISSUES IN MEDICAL
TECHNOLOGIES

DAMAGES
ACTUAL/COM
PENSATORY
MORAL NOMINAL TEMPERATE EXEMPLARY LIQUIDATED
“The words
‘actual
damages’
shall be
construed to
include all
damages that
the plaintiff
may show he
has suffered
in respect to
his property,
business,
trade,
profession, or
occupation,
and no other
damages
whatever.”
(Gen. Stat.
Minn., 1894,
sec. 5418).
Moral damages
include physical
suffering,
mental anguish,
fright, serious
anxiety,
besmirched
reputation,
wounded
feelings, moral
shock, social
humiliation, and
similar injury
The purpose of
nominal
damages is to
vindicate or
recognize a
right that has
been violated,
in order to
preclude further
contest thereof;
and not for the
purpose of
indemnifying
the plaintiff for
any loss
suffered by
him.
Temperate or
moderate
damages, which
are more than
nominal but less
than
compensatory
damages, may
be recovered
when the court
finds that some
pecuniary loss
has been
suffered but its
amount can not,
from the nature
of the case, be
provided with
certainty.
(Art.2224, NCC)
Exemplary or
corrective
damages are
imposed, by
way of example
or correction
for the public
good, in
addition to the
moral,
temperate,
liquidated or
compensatory
damages.
Those agreed
by the parties
to a contract

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