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Philippine Bar review · Question

Practice question: Employment of Nonresident Aliens (DO 248, as amended by DO 248-A, s. 2025 and 248-B, s. 2026)

Multiple Choice Hard

Practice question

After centralization, an employer receives an order revoking its foreign employee’s AEP. It files a timely motion for reconsideration with the Director of the DOLE Legal Service. The employer claims that every reference to a regional director must instead mean the BLE Director, even for this motion, and that revocation remains unexecutable after the motion is denied. Which conclusion is correct?
  1. Both claims are correct
  2. Only the claim concerning the BLE Director is correct
  3. Only the claim concerning continued non-execution after denial is correct
  4. Both claims are incorrect: the motion follows the Legal Service route and revocation is immediately executory upon denial
  5. The motion must instead be decided by the local PESO

Legal references

  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 40–41.
  • https://www.ble.dole.gov.ph/wp-content/uploads/2025/06/Department-Order-248-25-New-Rules-and-Regulations-on-the-Employment-of-Foreign-Nationals-in-the-Philippines.pdf — DO 248-25, alien employment framework.
  • https://dole.gov.ph/php_assets/uploads/2025/06/Department-Order-248A-25-Supplemental-Guidelines-Clarifying-and-Amending-Provisions-of-DOLE-DO-248-25.pdf — DO 248-A-25, section 1, amendment to Rule II section 1(a).
  • https://dole.gov.ph/php_assets/uploads/2026/06/DO-248B-26-Centralizing-the-Filing-Processing-Evaluation-Approval-Issuance-Release-Adjudication-and-Enforcement-Functions-Relating-to-AEPs-and-Amending-Relevant-Provisions-of-DOs-248-248A-25.pdf — DO 248-B-26, issued June 11, 2026, sections 2–4, 6, and 12.

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