Philippine Bar review · Question

Practice question: Doctrine of Necessary Implication

Multiple Choice Hard

Practice question

A bank cites NATU to exclude every cashier at every bank solely by title, refusing to examine duties or the later labor-nexus test. Which correction is warranted?
  1. NATU expressly limited its evidentiary ruling; assess the actual role under the applicable confidential-employee test
  2. NATU expressly banned all bank unions
  3. The title is universal conclusive proof
  4. Later functional criteria must be ignored
  5. Bank employment alone defeats every organizing right

Legal references

  • NATU v Torres GR93468 December29,1994 MAIN, necessary implication: https://lawphil.net/judjuris/juri1994/dec1994/gr_93468_1994.html MAIN case-specific limitation.
  • San Miguel Corporation Supervisors v Laguesma GR110399 August15,1997 MAIN, cumulative labor-nexus test: https://lawphil.net/judjuris/juri1997/aug1997/gr_110399_1997.html Later cumulative test.

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