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Philippine Bar review · Question

Practice question: Reinstatement

Multiple Choice Medium

Practice question

The employer appeals a Labor Arbiter's reinstatement decision and posts the monetary appeal bond. It refuses both actual and payroll reinstatement solely because of that bond. Is its reason correct?
  1. Yes; a bond always stays every aspect.
  2. No; Article 229 expressly provides that posting a bond does not stay reinstatement.
  3. Yes; payroll reinstatement is forbidden during appeal.
  4. Yes; the employee must first withdraw the case.
  5. No; because appeal is never allowed.

Legal references

  • https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles 229 [223] and 294 [279].
  • https://lawphil.net/judjuris/juri2021/aug2021/gr_235358_2021.html — Padsing v. Lepanto Consolidated Mining Co., G.R.235358, August4 2021, main opinion on reinstatement and proved strained relations.

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