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Philippine Bar review · Question

Practice question: Personnel Actions

Multiple Choice Hard

Practice question

An agency assigns a professional employee to meaningless duties in a nonexistent unit, solely to humiliate and force departure, while preserving nominal salary and rank. The facts sufficiently establish constructive dismissal. It argues unchanged pay conclusively validates the reassignment. Which is best?
  1. Constructive dismissal may exist despite unchanged rank, status or salary, so the asserted defense is insufficient
  2. Unchanged pay always legalizes harassment
  3. Every office order is immune from challenge
  4. An employee must first resign in every case
  5. A nonexistent unit necessarily guarantees career advancement

Legal references

  • CSC Resolution No. 2500358, 2025 ORAOHRA, Rules I-IV and relevant appointment provisions: https://csc.gov.ph/phocadownload/userupload/irmo/mc/2025/MC%20No.%2008%20s.%202025.pdf

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