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Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Under Article 229’s reinstatement-pending-appeal framework, what option may the employer exercise?
  1. Replace reinstatement with a promise to reconsider next year
  2. Require the employee to waive the appeal first
  3. Admit the employee back under the prior terms or choose payroll reinstatement
  4. Treat the employee as on unpaid leave until finality
  5. Cancel all service credit automatically

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.

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