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Philippine Bar review · Question

Practice question: Financial Assistance

Multiple Choice Hard

Practice question

A bank employee is validly dismissed for gross and habitual neglect involving repeated breaches of controls over accountable forms. The employee argues that a superior encouraged the acts and that the neglect involved no proven theft. The request is solely for equitable assistance. Which analysis follows Security Bank?
  1. Gross and habitual neglect remains a recognized disqualifying ground; absence of theft or a superior’s influence does not automatically justify assistance.
  2. Assistance is compulsory unless theft is proved.
  3. Every superior’s suggestion excuses repeated neglect.
  4. Long employment automatically converts the neglect into an authorized cause.
  5. Equitable assistance is identical to wages already earned.

Legal references

  • Central Philippines Bandag Retreaders v Diasnes, G.R. No. 163607, July 14, 2008, financial assistance limits: https://lawphil.net/judjuris/juri2008/jul2008/gr_163607_2008.html
  • Security Bank Savings Corporation v Singson, G.R. No. 214230, February 10, 2016, financial assistance and culpable dismissal grounds: https://lawphil.net/judjuris/juri2016/feb2016/gr_214230_2016.html
  • Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 297–299.

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