Philippine Bar review · Question

Practice question: Freedom Period

Multiple Choice Easy Jurisprudence

Practice question

In certification-election proceedings arising during the freedom period, is the employer ordinarily a party with a right to oppose the petition?
  1. Yes; the employer alone chooses the winner.
  2. Yes; the employer may replace the Med-Arbiter.
  3. No; the statutory bystander rule applies.
  4. Only the employer may count support signatures.
  5. The employer must become president of a contending union.

Legal references

  • Executive Order 97, September 19, 2025, adopting annexed JMO 1 (2024), especially Part VI paragraph 8 and Part IX paragraph 11: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/100030
  • RA 9481, Section 12, inserting Article 258-A (now Article 271), employer as bystander: https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html
  • PICOP Resources v. Taneca, G.R. No. 160828, August 9, 2010, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/54227

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