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Philippine Bar review · Question

Practice question: Employment Agency vs. Recruitment Entity

Multiple Choice Hard

Practice question

A recruiter arranges local industry-worker placements and collects applicant fees. It invokes the words fee-charging agency as affirmative permission, despite DO 216-20’s prohibition on charging workers in relation to recruitment and placement. What is the error?
  1. It confuses a definitional category with legal permission for the particular charge
  2. The category overrides every protective rule
  3. Every applicant signature authorizes prohibited fees
  4. A definition is always an exemption from regulation
  5. DO 216-20 concerns only foreign seafarers

Legal references

  • Labor Code, Articles 13 and 29: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • DOLE Department Order No. 216-20, Articles II-III and VIII-IX, signed October 27, 2020, printed pages 5-8 and 14-17: https://batangmalaya.ph/wp-content/uploads/2025/11/DOLE-Department-Order-No.-216-Series-of-2020-min-1-with-cover.pdf

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