Philippine Bar review · Question

Practice question: Freedom Period

Multiple Choice Hard Jurisprudence

Practice question

Workers signed authorization letters shortly before the freedom period; the actual certification petition was filed within it. They retained incumbent-union membership and paid dues. Management dismisses them solely for signing early. Under PICOP, which is best?
  1. Distinguish preparatory authorization from filing the petition; those facts do not establish the asserted disloyalty ground.
  2. Every preparatory signature is itself a premature filed petition.
  3. Supporting a representation choice automatically ends incumbent membership.
  4. The employer may dismiss all signatories without examining actual membership.
  5. Payment of dues proves resignation from the 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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