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: _____________________________________________ Section: _________ 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?

Yes, based on Article 282 the dismissal of Tamara is proper. It is said that if an employee
caused serious misconduct or willful disobedience by the employee of the lawful orders of his employer or
representative in connection with his work which gives the employer the power to terminate him.

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, based on Article 279 an employee who is unjustly dismissed from work shall be entitiled to
reinstatement without loss of seniority rights and other priviledges and to his full backwages,
inclusive of allowance, and to his other benefits, or monetary equivalent computed from the time his
compensation was witheld from him up to the tine of his actual reinstatement therefore it makes
Paray entitled to reinstatement and backwages.

***END OF EXAMINATION***

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