Philippine Bar review · Question

Practice question: Labor-only Contracting

Multiple Choice Easy Jurisprudence

Practice question

Which statement correctly reflects the two branches of the labor-only contracting test in DO 174 Section 5?
  1. Every related activity alone establishes labor-only contracting.
  2. Lack of substantial capital or specified investment, together with directly related activities, is one branch; the contractor's failure to exercise work control is an alternative branch.
  3. Both branches always require a criminal conviction.
  4. A registration certificate removes both branches.
  5. Only the principal's choice of contract title matters.

Legal references

  • DOLE Department Order 174 s. 2017, primary issuance reproduced: https://palscon.org/public/assets/img/labor-laws-advisory/DO%20174-17%20Rules%20Implementing%20%20Articles%20106%20to%20109%20of%20the%20Labor%20Code,%20As%20Amended.pdf — Sections 3(h),5,7–8.
  • Macalino v Coca-Cola Beverages Philippines, G.R. 275357 and 275955, August 6 2025, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70006

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