Philippine Bar review · Question

Practice question: Definition and Concept

Multiple Choice Hard Jurisprudence

Practice question

A union obtains a final administrative judgment finding ULP. It argues that this judgment conclusively proves criminal guilt, so the criminal court may convict without independent proof. Which assessment is correct?
  1. The judgment satisfies the statutory prerequisite but is neither binding in the criminal case nor evidence of guilt under Article 258.
  2. The criminal court must automatically convict.
  3. Administrative substantial evidence automatically equals proof beyond reasonable doubt.
  4. The judgment eliminates every criminal defense.
  5. No criminal prosecution is ever possible after an administrative judgment.

Legal references

  • Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 258–260, 274–275.
  • Adamson University Faculty and Employees Union v Adamson University, G.R. No. 227070, March 9, 2020, ULP proof and organizing nexus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/66229
  • Philippine Airlines v Dawal, G.R. Nos. 173921 and 173952, February 24, 2016, gross economic CBA violations: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html

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