Philippine Bar review · Question

Practice question: Clearance Procedures

Multiple Choice Medium

Practice question

A currently employed technician requests a truthful employment certificate. HR refuses solely because the technician has not resigned and cannot obtain separation clearance. Which is sound?
  1. Resignation is a statutory prerequisite to every certificate.
  2. A current worker has no right to any employment certificate.
  3. Only retired executives may request one.
  4. The advisory permits a current employee to request the certificate.
  5. A clearance form repeals the advisory.

Legal references

  • DOLE Labor Advisory 06-2020, January 31, 2020, Sections I-IV, archived original signed DOLE PDF: https://web.archive.org/web/20220809160012id_/https://www.dole.gov.ph/wp-content/uploads/2020/02/Labor-Advisory-No.-06-20-Guidelines-on-the-Payment-of-Final-Pay-and-Issuance-of-Certificate-of-Emplo.pdf
  • DOLE official January 2026 explanation of Labor Advisory 06-2020, COE and final pay: https://dole.gov.ph/news/final-pay-coe-must-be-released-on-time-dole/
  • Milan v. NLRC, G.R. No. 202961, February 4, 2015, main decision: https://lawphil.net/judjuris/juri2015/feb2015/gr_202961_2015.html

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