Philippine Bar review · Question

Practice question: Security of Tenure (Art. XIII)

Multiple Choice Hard

Practice question

A company hires a sales employee for a complex new product, discloses no specific regularization standard at engagement, and later imposes a new numerical target as the sole dismissal basis. No self-descriptive-job or other exception is established. It argues the probation label alone defeats tenure. Under Aliling, which is correct?
  1. The label does not cure the missing timely standards or eliminate the worker’s tenure protection
  2. Any probation label authorizes every later target retroactively
  3. The worker automatically accepted all unknown targets
  4. The employer need not establish a lawful termination basis
  5. Only regular employees may ever invoke the Constitution

Legal references

  • 1987 Constitution: https://lawphil.net/consti/cons1987.html ArticleXIII Section3.
  • Aliling v Feliciano GR185829 April25,2012 MAIN: https://lawphil.net/judjuris/juri2012/apr2012/gr_185829_2012.html Probationary tenure and standards at engagement.
  • Agabon v NLRC GR158693 November17,2004 MAIN: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html Valid just cause distinguished from procedural violation.

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