Philippine Bar review · Question

Practice question: Security of Tenure (Art. XIII)

Multiple Choice Hard

Practice question

A tribunal establishes a just cause for dismissal but finds the employer violated statutory notice requirements. The employer claims complete immunity; the employee seeks automatic reinstatement solely because of that procedural defect. Under Agabon’s framework, which is correct?
  1. The valid cause remains material, while the procedural violation may warrant nominal damages rather than automatic reinstatement on that ground alone
  2. The employer is immune from any consequence
  3. Every procedural defect automatically erases a proved just cause
  4. The parties’ opposite claims must both be granted
  5. The worker necessarily forfeits all statutory rights

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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