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Philippine Bar review · Question

Practice question: Preventive Suspension

Multiple Choice Hard

Practice question

An employee is accused of a minor past paperwork error. The employer admits there is no serious and imminent threat to life or property, but imposes an unpaid preventive suspension merely to teach a lesson before investigating. It argues that staying below thirty days makes the measure valid. What is correct?
  1. Any suspension below thirty days is automatically lawful
  2. The missing threat defeats the asserted preventive basis; the time limit does not convert premature punishment into protection
  3. Calling it preventive makes the motive irrelevant
  4. The allegation itself supplies every required fact
  5. The employee must confess before the employer needs a reason

Legal references

  • https://lawphil.net/judjuris/juri2021/nov2021/gr_227718_2021.html — Lagamayo v. Cullinan Group, Inc., G.R. 227718, November 11, 2021, main decision: Omnibus Rules, Rule XXIII, sections 8–9; thirty-day limit, reinstatement, paid extension and no reimbursement.
  • https://lawphil.net/judjuris/juri2020/feb2020/gr_225100_2020.html — Every Nation Language Institute v. Dela Cruz, G.R. 225100, February 19, 2020, main decision: preventive suspension is protective, not a penalty; justified initial suspension.
  • https://lawphil.net/judjuris/juri2017/jan2017/gr_207838_2017.html — Maula v. Ximex Delivery Express, Inc., G.R. 207838, January 25, 2017, main decision: serious and imminent threat required.

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