Philippine Bar review · Question

Practice question: Resignation vs. Constructive Dismissal

Multiple Choice Hard

Practice question

An employer proves a worker independently planned to leave, sought humanitarian financial assistance and voluntarily completed the accepted resignation. The worker alleges no proved threat or intolerable condition but says granting any assistance necessarily makes the resignation coerced. Which assessment follows BMG Records?
  1. Assistance must be assessed in context and does not automatically negate established voluntariness
  2. Every payment conclusively proves forced resignation
  3. Financial assistance automatically creates constructive dismissal
  4. A worker may never request assistance when resigning
  5. The employer must cancel every accepted resignation after a payment

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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