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Philippine Bar review · Question

Practice question: General Concept

Multiple Choice Easy Jurisprudence

Practice question

Under Article 294’s ordinary illegal-dismissal remedy, what happens to seniority upon reinstatement?
  1. Reinstatement is without loss of seniority rights and other privileges
  2. Seniority automatically resets to zero
  3. Seniority passes to management
  4. Only new applicants retain seniority
  5. Every reinstated worker becomes probationary

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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