Philippine Bar review · Question

Practice question: Resignation vs. Constructive Dismissal

Multiple Choice Medium

Practice question

An employee submits a resignation freely to accept a better job. The employer substantiates her voluntary decision, and no coercive conditions are proved. Does the mere later filing of a complaint automatically transform that departure into constructive dismissal?
  1. No; the actual evidence of voluntariness and alleged compelling circumstances must be assessed
  2. Yes, every complaint retroactively proves coercion
  3. Yes, all resignations are legally prohibited
  4. Yes, a better job is necessarily employer oppression
  5. No tribunal may consider a resignation letter

Legal references

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

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