ICCT Colleges Foundation Inc.

V.V Soliven Ave. II, Cainta, Rizal

College of Business and Accountancy

BLAW103 - LAW ON SALES, AGENCY, LABOR AND OTHER COMMERCIAL LAWS

Midterm Quiz
March 08, 2020

Name: _Mary Rose Buenaobra_________________________Section: ____E45__ Score: ____________

INSTRUCTIONS: NO ERASURE ALLOWED. ERASABLE PEN/PENCIL IS ALSO NOT

ALLOWED. USE EITHER BLUE OR BLACK BALLPEN.

PART I. ESSAY. Write your answer legibly and in good form in the blank provided. Support your
answer with legal basis. (15 points each)

1. Tamara was employed by VMall. He was assigned to perform the duties of a salesman. In many
instances, it was shown that he deviated from certain company rules with the consent of his
supervisor. Due to the several complaints against him, his service was terminated for loss of trust
and confidence on the ground of willful disobedience. Thus, Tamara filed for illegal dismissal. Was
the dismissal of Tamara proper?

NO, THE EMPLOYER SHALL OBSERVE PROCEDURAL DUE PROCESS BEFORE TERMINATING
ONE’S EMPLOYMENT, IN A TERMINATION FOR JUST CAUSE, DUE PROCESS INVOLVES A
NOTICE OF INTENT TO DISMISS SPECIFYING THE GROUND FOR TERMINATION, AND GIVING
SAID EMPLOYEE REASONABLE OPPORTUNITY WITHIN WHICH TO EXPLAIN HIS OR HER
SIDE. A HEARING OR CONFERENCE WHERE THE EMPLOYEE IS GIVEN OPPORTUNITY TO
RESPOND TO THE CHARGE, PRESENT EVIDENCE OR REBUT THE EVIDENCE PRESENTED
AGAINTS HIS OR HER.

2. Paray was dismissed from employment for having been absent without leave (AWOL) for eight (8)
months, it turned out that the reason for his absence was his incarceration after he was mistaken as
the hostage taker in Greenhills. Eventually acquitted and released from jail, Paray returned to his
employer and demanded reinstatement and full backwages. Is Paray entitled to reinstatement and
backwages?

YES, BECAUSE TECHNICALLY IT WAS NOT STATED ON THE FACTS THAT THERE IS
PROCEDURAL DUE PROCESS OR NOTICE TO EXPLAIN BY THE EMPLOYEE. IN THIS, IT IS
CONSIDERED AS AN ILLEGAL DISMISSAL AND PARAY HAS THE RIGHT TO DEMAND THE
RESINTATEMENT AND BACKWAGES TO RESTORES THE INCOME THAT WAS LOST BY
REASON OF THE UNLAWFUL DISMISSAL.

***END OF EXAMINATION***

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