Philippine Bar review · Question

Practice question: Security of Tenure (Art. XIII)

Multiple Choice Hard

Practice question

A warehouse worker proves an employment relationship. He later stops reporting and alleges dismissal. The company denies dismissing him. The record contains no substantial evidence of a discharge or circumstances constituting constructive dismissal. The worker argues that constitutional tenure alone resolves the missing proof. Which is correct?
  1. Tenure supplies the missing historical fact.
  2. Employment automatically proves every later alleged dismissal.
  3. Every cessation of attendance is an illegal dismissal.
  4. The company loses merely because it is an employer.
  5. Tenure does not dispense with the worker's initial burden to establish dismissal.

Legal references

  • 1987 Constitution Article XIII Section 3: https://lawphil.net/consti/cons1987.html
  • Simon v Results Companies, G.R. 249351-52, March 29 2022, main opinion: https://lawphil.net/judjuris/juri2022/mar2022/gr_249351-52_2022.html

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