Philippine Bar review · Question

Practice question: Resignation vs. Constructive Dismissal

Multiple Choice Hard

Practice question

A manager unlawfully strips an employee of rank and a substantial part of her pay, repeatedly states that she must leave and makes continued work objectively unbearable. The employee signs a letter headed resignation to escape those conditions. The employer relies solely on the heading and refuses inquiry into the stipulated coercive circumstances. Which is best?
  1. The heading conclusively establishes a voluntary departure
  2. A reduction in rank can never be relevant
  3. The actual circumstances may establish constructive dismissal; a resignation label does not defeat the objective inquiry
  4. Only an express firing notice can establish dismissal
  5. The worker necessarily waives every legal remedy by signing any paper

Legal references

  • Ferrer v.Genpact, GR272830, February24,2026, constructive-dismissal standard: https://lawphil.net/judjuris/juri2026/feb2026/gr_272830_2026.html

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