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Philippine Bar review · Question

Practice question: Employment Agency vs. Recruitment Entity

Multiple Choice Hard

Practice question

Two local placement businesses both receive recruitment fees from employers. One distributes profits; the other devotes all surplus to charitable work. Under Article 13, is charitable use of surplus alone a reason to classify the second as a no-fee recruitment entity?
  1. Yes, charity conclusively erases every fee
  2. No; both receive the stipulated recruitment fees
  3. Yes, only distributed profit counts as a fee
  4. Yes, the employer’s payment is irrelevant
  5. Yes, surplus use alone supplies a license

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

Answer this question in flashcards to review your response and continue practicing.