Philippine Bar review · Question

Practice question: Floating Status (See also DO 215, s. 2020)

Multiple Choice Hard

Practice question

A worker challenges floating status early in the proceedings. Employer then leaves the worker without any definite assignment beyond the ordinary six-month period and establishes no lawful extension. It asks the tribunal to disregard all continuing facts solely because filing was early. Which is best?
  1. Early filing makes every later event irrelevant forever.
  2. The continuing failure and relevant circumstances must be assessed rather than automatically ignored.
  3. The employer obtains permanent immunity from the first filing date.
  4. The worker automatically resigns by filing.
  5. Every early complaint necessarily proves illegal dismissal immediately.

Legal references

  • Sagarino v. Toplis Solutions, Inc., G.R. No. 267379, October 15, 2025, main decision: https://lawphil.net/judjuris/juri2025/oct2025/gr_267379_2025.html
  • Polintan v. Malabanan, G.R. No. 268527, July 29, 2024, main decision and reproduced DO 215-20: https://lawphil.net/judjuris/juri2024/jul2024/gr_268527_2024.html

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