Philippine Bar review · Question

Practice question: Resignation vs. Constructive Dismissal

Multiple Choice Hard

Practice question

An employee complains of a difficult workplace but provides only generalized accusations. The employer produces credible evidence of an independently planned resignation for personal reasons and its voluntary implementation. The employee argues that the employer’s burden on resignation means she never needs evidence supporting the alleged constructive conditions. Which is best?
  1. The employer’s evidence must always be ignored
  2. Every unhappy employee is constructively dismissed
  3. No resignation may ever be voluntary
  4. The burden on the resignation defense coexists with the need to substantiate the alleged constructive conditions; neither side wins merely by a label
  5. Constructive dismissal is decided by the employer alone

Legal references

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

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