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Philippine Bar review · Question

Practice question: Grant of Bonuses and Other Benefits

Multiple Choice Hard Jurisprudence

Practice question

For years an employer deliberately paid full benefits to workers serving less than a year. To discontinue the practice it offers only a manager’s bare affidavit that all earlier payments were mistakes, without supporting payroll comparisons. Which is best under Arco?
  1. The bare mistake assertion does not conclusively rebut the established deliberate practice.
  2. Calling a payment a mistake automatically proves it.
  3. A manager’s title dispenses with supporting facts.
  4. Repeated actual payroll treatment is always irrelevant.
  5. Every overpayment claim is conclusively fraudulent.

Legal references

  • Eastern Telecommunications Philippines v. Eastern Telecoms Employees Union, G.R. No. 185665, February 8, 2012, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/21642
  • American Wire and Cable Daily Rated Employees Union v. American Wire and Cable Co., G.R. No. 155059, April 29, 2005, main decision: https://lawphil.net/judjuris/juri2005/apr2005/gr_155059_2005.html
  • Arco Metal Products v. Samahan ng mga Manggagawa sa Arco Metal-NAFLU, G.R. No. 170734, May 14, 2008, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45241

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