Philippine Bar review · Question

Practice question: Burden of Proof

Multiple Choice Medium

Practice question

A claimant relies solely on decades of recurring services and says the tribunal need not establish the relationship because Article295 automatically answers that first question. What does Hacienda require?
  1. Keep the relationship inquiry distinct from regularity classification
  2. Treat every long service as conclusive employment regardless of facts
  3. Ignore the asserted employer’s relevant powers
  4. Assume every service is a seasonal employment contract
  5. Apply only the claimant’s chosen label

Legal references

  • Ditiangkin v Lazada GR246892 September21,2022 MAIN: https://lawphil.net/judjuris/juri2022/sep2022/gr_246892_2022.html Evidence of retained control and economic realities.
  • Hacienda San Isidro v Villaruel GR220087 August11,2025 MAIN resolution: https://lawphil.net/judjuris/juri2025/aug2025/gr_220087_2025.html Employment existence precedes Article295 classification.

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