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Philippine Bar review · Question

Practice question: Entities Prohibited from Overseas Recruitment

Multiple Choice Medium

Practice question

A DMW employee's sibling proposes to operate an overseas recruitment business. The sibling argues that only the employee is covered by the conflict-of-interest prohibition. Which is correct?
  1. A sibling is always outside the statutory relationship limit.
  2. The restriction applies only to spouses.
  3. The employee may authorize a family exception.
  4. The restriction reaches relatives within the fourth civil degree, so a sibling is within its scope.
  5. The restriction disappears if recruitment is done online.

Legal references

  • RA 11641 Sections 4–6,10,19, DMW succession to POEA: https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html — Section 10.
  • 2023 DMW landbased Rules, Department Circular 01 s.2023, specified section: https://dmw.gov.ph/archives/v1/resources/dsms/DMW/ISN-EXT/2023/DMW-DC-01-2023.pdf — Part II Rule I Section 3; Labor Code Articles 18,26,29,34–35, official DOLE text: https://dole.gov.ph/book-1-pre-employment/ — Article 26.

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