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Philippine Bar review · Question

Practice question: Reinstatement

Multiple Choice Medium

Practice question

An employer chooses payroll reinstatement and pays the ordered interim salaries. After winning on appeal, it demands every payment back solely because the worker did not physically report. Assume genuine payroll compliance. What rule applies?
  1. Payroll compliance retroactively becomes unauthorized
  2. Every payroll payment is automatically refundable
  3. The worker must pay a penalty for following payroll reinstatement
  4. Payroll reinstatement does not require refund merely because no actual service was rendered and the employer later won
  5. A later win proves the worker stole the salaries

Legal references

  • Wenphil Corporation v. Abing, GR 207983, April 7, 2014, main decision, reinstatement salaries: https://lawphil.net/judjuris/juri2014/apr2014/gr_207983_2014.html

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