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Philippine Bar review · Question

Practice question: Personal Comfort Doctrine

Multiple Choice Hard Jurisprudence

Practice question

During work, an employee takes a brief reasonable drink of water. Later, the employee leaves for hours on an unrelated personal business venture and characterizes that entire absence as personal comfort. Which assessment is best?
  1. Both acts must be treated identically because the employee used the same label.
  2. The first can be incidental personal ministration, while the substantial independent venture requires separate analysis as a possible abandonment of employment.
  3. Neither act can ever be incidental to work.
  4. Any personal activity becomes work merely by occurring on a workday.
  5. The doctrine transfers the employer's business to the employee.

Legal references

  • Arriesgado v Multinational Maritime, G.R. 275424, April 29 2026, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70389
  • Arguilles v Wilhelmsen Smith Bell Manning, G.R. 254586, July 10 2023, main opinion: https://lawphil.net/judjuris/juri2023/jul2023/gr_254586_2023.html

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