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Philippine Bar review · Question

Practice question: Indemnity

Multiple Choice Hard

Practice question

An employer pleads just cause and, alternatively, an authorized cause. The court finds only the just cause proved and a notice violation. The worker demands that both Agabon’s and Jaka’s case amounts automatically be added solely because both theories were pleaded. Which approach is sound?
  1. Identify the established cause and actual procedural wrong; pleading alternatives does not automatically require stacking both case amounts
  2. Alternative pleadings automatically create two dismissals
  3. Every case must combine all nominal benchmarks
  4. The court must ignore its cause finding
  5. All pleaded facts are conclusively true

Legal references

  • Agabon v NLRC GR158693 November17,2004 ENBANC MAIN: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html
  • Jaka Food v Pacot GR151378 March28,2005 ENBANC MAIN: https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html
  • Civil Code Articles2199,2221–2224,2229,2232–2234: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2221–2222 nominal-damages purpose.

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