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Philippine Bar review · Question

Practice question: Dismissal, Preventive Suspension, Reinstatement

Multiple Choice Hard

Practice question

A covered employee lawfully serves a valid preventive suspension, then is ultimately exonerated. No authority finds the preventive order invalid. The employee demands back wages for that preventive period solely because the eventual merits decision was favorable. Under Section 39, which is correct?
  1. Exoneration automatically makes every prior precaution unlawful.
  2. Every preventive period must be paid regardless of validity.
  3. The eventual favorable result alone does not establish entitlement to back wages for a valid preventive-suspension period.
  4. A favorable result can never lead to any reinstatement.
  5. The employee automatically forfeits personal retirement contributions.

Legal references

  • 2025 RACCS, Section 39, preventive-suspension back wages: https://csc.gov.ph/phocadownload/userupload/paio/2025_ORAOHRA_AND_RACCS/2025_RACCS_19_September.pdf

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