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Philippine Bar review · Question

Practice question: Termination of Migrant Worker Contract (RA 8042, Sec. 10, as amended by RA 10022)

Multiple Choice Hard

Practice question

An illegally terminated overseas worker obtains both salary for the unexpired contract portion and covered placement-fee reimbursement. The agency applies6% to everything solely under Circular799, ignoring the statute’s specific placement-fee provision. Which analysis follows Sameer?
  1. Separate the statutory12% placement-fee reimbursement rate from the other award’s applicable interest rules
  2. A single circular necessarily erases the specific statute
  3. Every category must bear zero interest
  4. Every category necessarily bears12% forever for every period
  5. Interest distinctions are prohibited

Legal references

  • RA10022 Section7 amending RA8042 Section10: https://lawphil.net/statutes/repacts/ra2010/ra_10022_2010.html
  • Sameer Overseas v Cabiles GR170139 August5,2014 MAIN, specific placement-fee interest versus other awards and supporting bond: https://lawphil.net/judjuris/juri2014/aug2014/gr_170139_2014.html

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