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Philippine Bar review · Question

Practice question: General Concept

Essay Hard Jurisprudence

Practice question

Explain the ordinary Article 294 reinstatement and backwages remedy for an unjustly dismissed employee, assuming actual reinstatement is ordered and no special substitute remedy or different terminal event applies.

Legal references

  • Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Philippine Airlines v. Dawal, GR Nos. 173921 and 173952, February 24, 2016, main decision, gross economic CBA violations and dismissal proof: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
  • DOLE Department Order 147-15, Rule I-A, Sections 1-3 and 5.2, as applicable: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535

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