Philippine Bar review · Question

Practice question: Security of Tenure (Art. XIII)

Multiple Choice Hard

Practice question

A regular employee claims that her long service prevents dismissal even if a lawful cause is proven. Her employer answers that management prerogative allows dismissal without any recognized ground. Assuming no special statutory exception, which statement correctly identifies both errors?
  1. Long service and management prerogative each create absolute rights.
  2. Only the employee is mistaken; dismissal is at will.
  3. Tenure permits termination for lawful grounds and requires applicable procedural compliance; neither position is absolute.
  4. Only the employer is mistaken; regular employees can never be dismissed.
  5. Constitutional tenure applies only if the parties put it in a contract.

Legal references

  • 1987 Constitution Article XIII Section 3: https://lawphil.net/consti/cons1987.html
  • Labor Code Article 294 [279], official DOLE renumbered edition: https://dole.gov.ph/book-6-post-employment/

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