Philippine Bar review · Question

Practice question: By Labor Organizations

Multiple Choice Hard

Practice question

A ULP exaction is proved against particular union agents. An ordinary member opposed it, did not participate and neither authorized nor ratified it. The prosecution relies solely on membership for that person’s criminal liability. What is the statutory problem?
  1. Membership alone does not meet the required participation, authorization or ratification standard
  2. Every member is automatically criminally liable
  3. Opposition conclusively proves authorization
  4. Nonparticipation is immaterial in every case
  5. The union may determine criminal guilt by resolution

Legal references

  • Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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