Philippine Bar review · Question

Practice question: Leave under the Anti-VAWC Act of 2004 (RA 9262)

Multiple Choice Medium Jurisprudence

Practice question

A private-sector victim has a pending VAWC prosecution and submits the proper prosecutor’s certification that the action is pending. She seeks covered leave for attending legal proceedings. The employer demands a final conviction first. Is that additional prerequisite correct?
  1. Yes, leave exists only after conviction
  2. No, the IRR recognizes pending proceedings and the proper certification for compliance
  3. Yes, unless the victim is a manager
  4. Yes, because prosecutors cannot issue the specified certification
  5. No, because no proof of any kind may ever be requested

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/22128 — RA 9262, section 43, paid leave and protection against discrimination.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/42362 — RA 9262 IRR, section 42, ten-day paid leave, certification, purposes, and non-conversion.

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