Philippine Bar review · Question

Practice question: Clearance Procedures

Multiple Choice Hard

Practice question

A departing employee has a genuinely disputed laptop accountability. HR invokes Milan to withhold both contested terminal payments and the requested truthful certificate until the property dispute ends. Which is best?
  1. Milan’s accountability reasoning does not erase the advisory’s separate duty to issue the certificate within three days of request.
  2. Every property dispute suspends all certificate obligations indefinitely.
  3. A certificate is the company’s security deposit.
  4. Milan automatically repealed the later advisory.
  5. Only a court may confirm the employee ever worked there.

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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