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Philippine Bar review · Question

Practice question: Reinstatement

Multiple Choice Easy

Practice question

If an employer validly payroll-reinstates a worker pending appeal, are the interim salaries necessarily refundable solely because the dismissal is later upheld?
  1. No
  2. Yes, refund is automatic in every reversal
  3. Yes, the worker is always a borrower
  4. Yes, payroll reinstatement is merely a loan
  5. Yes, appeal always suspends wages from the outset

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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