Philippine Bar review · Question

Practice question: Retaliatory Measures

Multiple Choice Hard Jurisprudence

Practice question

A contractor holds a valid registration but admits cutting workers’ benefits because they filed wage complaints. A verified complaint seeks cancellation on a relevant violation ground. The contractor claims registration makes retaliation lawful and that cancellation may occur only by punishing it without any opportunity to answer. Which response is correct?
  1. Both claims are correct
  2. Registration does not authorize retaliation, and cancellation must follow the due-process framework in sections 23–24
  3. Registration authorizes retaliation whenever the principal approves
  4. A verified complaint automatically cancels registration with no further procedure
  5. No contracting rule applies once any wage complaint is filed

Legal references

  • https://www.dole.gov.ph/php_assets/uploads/2017/07/DO-174-17-Rules-Implementing-Articles-106-to-109-of-the-Labor-Code-As-Amended1.pdf — DO 174-17, sections 10(e), 23–24, and 27, organizing rights, cancellation due process, and retaliatory measures.
  • https://www.scribd.com/document/768934000/Department-Order-No-174-Series-of-2017 — mirrored issued DO 174-17 text, sections 10, 23–24, and 27.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/90581 — EO 51, s. 2018, section 2, protection against contracting that circumvents organizing and other protected rights.
  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 118, retaliatory measures.

Answer this question in flashcards to review your response and continue practicing.