Philippine Bar review · Question

Practice question: Constructive Dismissal vs. Demotion

Multiple Choice Medium

Practice question

An employee merely alleges constructive dismissal but provides no proof of dismissal or unbearable conditions. Must the allegation alone be treated as conclusive?
  1. No; the initial fact of dismissal must be established
  2. Yes; filing automatically proves every fact
  3. Yes; all transfers are dismissals
  4. Yes; employer ownership is the only evidence needed
  5. Yes; no objective circumstances may be examined

Legal references

  • Lagamayo v Cullinan GR227718 November11,2021 MAIN: https://lawphil.net/judjuris/juri2021/nov2021/gr_227718_2021.html Distinction between just-cause dismissal and constructive dismissal.
  • Saudi Arabian Airlines v Castells GR245269 July28,2025 MAIN: https://lawphil.net/judjuris/juri2025/jul2025/gr_245269_2025.html Objective inquiry and quitclaims.

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