Philippine Bar review · Question

Practice question: Probationary

Multiple Choice Easy

Practice question

Is valid probationary nonqualification necessarily the same legal basis as dismissal for serious misconduct?
  1. Yes; every ground has identical factual elements.
  2. No.
  3. Yes; performance targets prove misconduct automatically.
  4. Only the employee’s job title matters.
  5. No; neither can ever be a lawful basis.

Legal references

  • Labor Code Articles 83, 295-296 and 301 (renumbered 280-281 and 286): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Sagarino v. Toplis Solutions, Inc., G.R. No. 267379, October 15, 2025, main decision: https://lawphil.net/judjuris/juri2025/oct2025/gr_267379_2025.html

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