Philippine Bar review · Question

Practice question: Regular

Multiple Choice Hard Jurisprudence

Practice question

A company repeatedly hires an admitted employee for its continuing ordinary operational work. The work is proved usually necessary or desirable to its business. The employer relies on a 'project worker' label, but no specific project with a duration and scope fixed at engagement is established, and no valid fixed-term, probationary or seasonal arrangement applies. Which analysis follows from Article 295?
  1. The label alone establishes a genuine project.
  2. The established continuing necessary-or-desirable work supports regularity; the unsupported project label does not establish an exception.
  3. Every repeated hiring automatically transfers ownership of the company.
  4. The employee can be dismissed at will solely because the label says project.
  5. The employee must accept any oral label regardless of actual facts.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 295 [formerly 280].
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70006 — Macalino v. Coca-Cola Beverages Philippines, Inc., GR 275357 and 275955, August 6, 2025, main decision.

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