Log In Create Account

Philippine Bar review · Question

Practice question: Reinstatement or Execution Pending Appeal (Rule XI)

Multiple Choice Medium

Practice question

The employer fails to submit the required compliance report and disobeys a reinstatement directive. Under Rule XI section13, what enforcement step must the Labor Arbiter take?
  1. Wait until all judicial review is finished
  2. Immediately issue the corresponding writ of execution even pending appeal
  3. Automatically dismiss the employee’s complaint
  4. Refer the employee to a recruitment broker
  5. Declare the appeal withdrawn without further legal basis

Legal references

  • https://nlrc.dole.gov.ph/uploads/content/The%202025%20NLRC%20Rules%20of%20Procedure.pdf — 2025 NLRC Rules, Rule V section19 and Rule XI sections4–5,13–14; printed pages 15,35,37–38: immediate reinstatement, report, enforcement and stays.
  • https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715 section12, Labor Code Article 223 now229: immediate reinstatement pending appeal, employer option and bond does not stay reinstatement.

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