Philippine Bar review · Question

Practice question: Resignation vs. Constructive Dismissal

Multiple Choice Medium

Practice question

An employee freely resigns for a new job; the employer accepts, the resignation becomes effective, and the employee later asks to return solely because the new offer fell through. No coercion or contrary agreement is shown. Is refusal of the withdrawal alone illegal dismissal?
  1. Yes, completed resignation cannot end employment
  2. Yes, the old employer must always rehire
  3. Yes, a failed new offer invalidates past consent
  4. No
  5. Yes, every withdrawal request is a reinstatement order

Legal references

  • Ferrer v. Genpact LLC, GR 272830, February 24, 2026, main decision: https://lawphil.net/judjuris/juri2026/feb2026/gr_272830_2026.html
  • BMG Records v. Aparecio, GR 153290, September 5, 2007, main decision: https://lawphil.net/judjuris/juri2007/sep2007/gr_153290_2007.html

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