Philippine Bar review · Question

Practice question: Power to Suspend Effects of Termination (EO 51, s. 2018)

Multiple Choice Hard

Practice question

An employer demands final conclusive proof of illegality before the Secretary may consider suspension under Article 292(b), despite the appropriate pending-dispute official’s required prima facie finding. Which is best?
  1. Do not replace the specified prima facie interim threshold with a final-merits requirement.
  2. The interim mechanism is necessarily unavailable until final resolution.
  3. Prima facie always means a final unappealable judgment.
  4. The provision exists only after execution is complete.
  5. Only the employer may make the statutory finding.

Legal references

  • Labor Code, as amended, Articles 233 [227], 239 [233] and 292(b) [277(b)]: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • EO 51, May 1, 2018, Sections 2-4: https://lawphil.net/executive/execord/eo2018/eo_51_2018.html

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