Philippine Bar review · Question

Practice question: Discipline of Employees

Multiple Choice Medium Jurisprudence

Practice question

An employer orders an employee to falsify legally required records. The employee refuses. Can the employer establish willful disobedience solely by showing refusal of that unlawful order?
  1. Yes, every supervisor instruction must be obeyed
  2. No, the just-cause rule requires a lawful and reasonable order related to the employee’s duties
  3. Yes, if the order was written
  4. Yes, if the employee understood it was unlawful
  5. No, because no refusal of any order can ever be disciplined

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A sections 1 and 5.1–5.2, disciplinary causes and procedural requirements under current Article 297.
  • https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, GR 158693, November 17, 2004, main decision; valid cause and separate liability for procedural noncompliance.

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