Philippine Bar review · Question

Practice question: Caregivers (RA 11965; DO 254, s. 2025)

Multiple Choice Hard Jurisprudence

Practice question

A covered live-in caregiver works ten ordinary daytime hours on the employer’s instructions. The employer claims that free lodging eliminates overtime and permits payment below the applicable wage floor. No lawful basis for that reduction is shown. Which analysis follows the Act and DO 254?
  1. Live-in accommodation automatically removes both protections
  2. The caregiver remains entitled to the applicable wage floor and overtime; live-in status alone does not waive them
  3. Only the client’s relatives may decide whether labor standards apply
  4. The caregiver is entitled to overtime only after working twenty-four hours
  5. A private home is beyond every statutory working-time rule

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96878 — RA 11965, sections 3–5 and 8–16.
  • https://www.alburolaw.com/wp-content/uploads/2025/09/052125-DO-254-25-Implementing-Rules-and-Regulations-of-RA-No.-11965-or-the-Caregivers-Welfare-Act.pdf — issued DO 254-25 scan, Rule I section 3; Rule IV sections 1–3, caregiver rights, compensation, and duties.

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