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Philippine Bar review · Question

Practice question: Solidary Liability

Multiple Choice Hard

Practice question

A worker proves salary arrears under a two-year overseas contract. During that term the principal substituted lower-paid terms abroad. The recruiter relies solely on the substituted paper, its lack of daily workplace control and the existence of insurance to deny responsibility. No independent new post-expiry contract is involved. Which conclusion follows?
  1. All three facts automatically release the recruiter
  2. None of these assertions alone defeats the statutory solidary liability for the established covered claim
  3. The worker may recover the same arrears twice in full
  4. The statute applies only before the worker leaves the Philippines
  5. Only a worker’s union may invoke the liability

Legal references

  • RA8042, Section 10, as amended by RA10022, Section 7; Section 37-A: https://lawphil.net/statutes/repacts/ra2010/ra_10022_2010.html

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