Which of The Following Mcqs Is Wrongly Answered?: Removal Exam in Labor Law 1

REMOVAL EXAM IN LABOR LAW 1
WHICH OF THE FOLLOWING MCQs IS WRONGLY

ANSWERED?
LABOR LAW
001. The principles underlying PD 442 are the following:
1. Tripartism in national policy-making;

2. Labor relations must be responsive and responsible to
national development;
3. During national emergency, strikes or lockouts must give
way to arbitration;
4. Manpower development and employment; and
5. Global labor marketing.
True (T) or False (F):

1 2 3 4 5
(a) T T T T T
(b) T T T T F
(c) T T F T F
(d) T T F T T
Ans. (a)
002. The implementing rule for Book V of P.D. 442 is:

(a) ORILC;
(b) IRR of PD 442;
(c) D.O. 40-03;
(d) D.O. 18-02.
Ans. (c)
003. Which of the following is a penal provision of P.D. 442?
(a) Art. 135;

(b) Art. 136;
(c) Art. 137;
(d) Art. 138.
Ans. (a)
004. Should Article 4 of P.D. 442 be so liberally interpreted as well as

to resolve all doubts in favor of labor?
(a) No. Article 4 does not cover itself;
(b) No. Only doubts arising from other P.D. 442 provisions
and the ORILC are covered by the liberal interpretation
rule;
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(c) No. Only those which Article 4 itself mentions and as jurisprudence
includes are subject to the liberal construction rule;
(d) No. The source of the rule does not apply to itself.
Ans. (c)
005. Of the following, whose employment is governed by P.D. 442 in

a suppletory manner only?
(a) a private teacher whose employment is primarily
governed by the Manual of Regulations for Private
Schools;
(b) a government nurse whose hours of work are primarily
regulated by the Magna Carta of Public Health Workers;
(c) a self-employed who is primarily the master of his time,
means and methods;
(d) an OFW whose employment is primarily governed by the
Migrant Workers & Overseas Filipinos Act.
Ans. (a)
TYPES OF LABOR LAW & RELATED CONCEPTS
001. It is the fourth type of Labor Law.

(a) Labor Jurisprudence;
(b) Labor Policies;
(c) Penal Labor laws;
(d) International Labor Organization (ILO) rules.
Ans. (b)
002. It is the type of Labor Law that is both remunerative and protective.
(a) Labor Standards Law;
(b) Labor Relations Law;
(c) Welfare Legislation;
(d) Social Legislation.
Ans. (a)
003. This provision of law renders Labor Relations Law extra- territorial.
(a) Sec. 10, Migrant Workers and Overseas Filipinos Act;
(b) Sec. 5, Magna Carta for Disabled Persons, as amended;
(c) Art. 211, Labor Code, as amended;
(d) Art. 277. Labor Code, as amended.
Ans. (a)
004. Labor Law is both substantive law and procedural law. Which of the
following gives chapter and verse to this postulate best?
(a) Book III and Book V, Labor Code;
(b) Labor Standards Law and Labor Relations Law;
(c) Labor standards benefits and visitorial power;
(d) Art. 110 and Art. 128, P.D. 442.
Ans. (a)
005. How does Labor Standards Law (LSL) interplay with Labor Relations
Law (LRL)?
(a) LSL lays down pre-employment policies and LRL lays
down post-employment policies;
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(b) LSL sets forth remunerative and protective rules and LRL
sets forth organizational and tenurial rules;
(c) LSL provides for minimum terms and conditions of
employment and LRL provides for mechanisms to improve
them;
(d) LSL gives visitorial power and LRL gives compulsory
power.
Ans. (c)
006. Which of the following is a post employment relief?

(a) double indemnity;
(b) rectification;
(c) lucrum cessans;
(d) exemption from appeal fee.
Ans. (c) Meaning - backwages, a LRL relief.
007. We observe these principles in this jurisdiction:
1. Business survival and success. Labor benefits are not raw materials;
they are the product of business success. Therefore, the right of enterprises to
reasonable return on investment and to expansion and growth must be promoted
in order to ensure labor’s just share in the fruits of production.
2. Workplace democracy and refocused unionism. The need for business

survival must be balanced by concern for the workers’ security and concerns.
The work environment must be non-adversarial to be productive. This should be
the product of the joint effort of the employer, employees and the government.
3. Productivity. Wage rates should be based on productivity. For a country

to be competitive, the wage rates must be within the bounds of productivity and
reasonably relate to those of other countries.
4. Labor education. Through education, workers will know what their

employers owe them and what they do not.
These principles are known as:
(a) the fundamental labor relations principles;

(b) the core principles of employer-employee relationship;
(c) the 4 pillars of labor relations;
(d) the 4-fold nature of industrial relations.
Ans. (c) Prof. C. Azucena
008. The distinction between labor standards disputes and labor relations
disputes is important when resolving which of the following issues?
(a) whether or not to assess a worker appeal fee;
(b) whether or not to assess 10% attorney’s fee;
(c) whether or not to assess nominal damages;
(d) whether or not to assess moral damages.
Ans. (a) (Art. 277, PD 442)
009. The basis of labor law is police power; its purpose is social justice. Which
of the following provisions best illustrates this postulate?
(a) reinstatement pending appeal (Art. 279);
(b) workers’ preference (Art. 110);
(c) non-diminution of benefits (Art. 100);
(d) indirect employment (Art. 106).
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Ans. (a)
010. What is labor-management relations as an inter-party relationship?

(a) In the private sector, the employers and employees themselves must deal
with their problems in a manner most comfortable to them. Industrial
peace cannot be secured thru compulsion by law.
(b) x x x
(c) y y y
(d) z z z
Ans. (a) Prof. C. Azucena
Or
Q: In the private sector, the employers and employees themselves must deal
with their problems in a manner most comfortable to them. Industrial
peace cannot be secured thru compulsion by law. This is labor-
management relations as:
(a) an inter-party relationship;
(b) a shared-responsibility;
(c) a symbiotic relationship;
(d) a participatory relationship.
Ans. (a)
POSTULATES IN LABOR STANDARDS LAW.
(Answers are underscored)
001. A foreign labor law, alleged but not proven, shall be deemed to be ______
Philippine Labor Law pursuant to The Principle of Processual Pressumption.
(a) like;
(b) the same as;
(c) equivalent to;
(b) subservient to.
002. The State shall afford full protection to labor because:

(a) it is a primary social economic force;
(b) it is a party to a lopsided relationship;
(c) due process requires preferential option for the
workingman;
(d) social justice demands equalization of socio-economic
opportunities.
003. The basis of labor law is police power; its purpose is __________.
(a) social justice;
(b) compassionate justice;
(c) labor justice;
(d) substantial justice.
004. Social justice authorizes neither ______ nor ______ of an employer.

(a) oppression; self-destruction;
(b) abuse; indignity;
(c) disparate treatment; indirect discrimination;
(d) unjust treatment; inequitable treatment.
005. Compassion for the poor is the imperative of every humane society, but only if
the recipient is not a _____ claiming an underserved privilege.
(a) thief;
(b) depraved worker;
(c) rascal;
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(d) ingrate.
006. Labor cases shall be decided based not only on secundum rationem but
also __________.
(a) secundum misericordiam;
(b) secundum intentionem legis;
(c) secundum hominem;
(d) secundum caritatem.
007. What is the Principle of Tripartism?

(a) The policy of balanced representation in which the government,
employers and employees participate in the adoption of policies , rules
and mechanisms to regulate employer- employee relationship.
(b) x x x
(c) x x x
(d) x x x
Ans. (a)
Or
The policy of balanced representation in which the government, employers and

employees participate in the adoption of policies , rules and mechanisms to
regulate employer- employee relationship is called tripartism. This principle is
observed in –
(a) the composition of the NLRC;
(b) the composition of the NCMB;
(c) the composition of the TESDA;
(d) the composition of the POEA.
Ans. (a). Also in the composition of wage boards.
008. Due process is giving people their ________.

(a) due;
(b) dues;
(c) right;
(d) rights.
Ans. (a) CAVEAT! GRAMMAR, CRAZY QUESTIONS.
009. Is employer-employee relationship a precondition for applying PD 442?

(a) Yes, relative to employment benefits; No, relative to
illegal recruitment.
(b) Yes, relative to ULPs under Art. 249; No, relative to ULPs
under Art. 248;
(c) Yes, relative to post-employment rights; No, relative to
pre-employment rights;
(d) Yes, relative to visitorial power; No, relative to adjudicatory power.
Ans. (a)
010. What is the best characteristic of employer-employer relationship?

(a) a question of fact;
(b) a question of law;
(c) in personam;
(d) contractual.
Ans. (b)
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FUNDAMENTAL PRINCIPLES AND POLICIES
A. CONSTITUTION
001. Footnote the following submission:
Workers are guaranteed security of tenure and a litany of other rights. 1 Yet
there is no overlooking the rights of enterprises as an imperative of social justice
in the building of a nation.2 In other words, both labor and management enjoy
the equal protection of the law. 3 But to really level off the playing field, given the
inherent inequality between the parties, workers in both private and public
sectors are guaranteed the right to organize. 4 The law cannot be unmindful of
the real need to protect the livelihood of workers, lest its unceremonious taking
may lead to violation of their dignity and human rights. 5
Constitutional Provisions:
A - See Sec. 8, Art. III, Constitution;

B - See Sec. 1, Art. III, Constitution;
C - See Sec. 10,Art. II, Constitution;
D - See Sec. 3, Art XIII, Constitution;
E - See Sec. 11,Art. II, Constitution;
F - See Sec. 4 , Art. III, Constitution.
1 2 3 4 5
(a) D C B A E
(b) D A C B E
(c) D B A C F
(d) D A B C F
Ans. (a)
Sec. 3, Art. XIII
(Answers are underscored.)
1. KNOWLEDGE MCQs.
001. It is the core provision of the Constitution on labor.

(a) The Full Protection Clause;
(b) The Social Justice Clause;
(c) The Due Process Clause;
(d) The Equal Protection Clause.
002. The State shall afford ______ to labor (Sec. 3, Art. XIII, Constitution).
(a) full protection;
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(b) security of tenure;
(c) just and humane conditions;
(d) safety and decent living.
003. The coverage of the protection to labor provision of the Constitution is local and
overseas, and ___________ labor.
(a) organized and unorganized;
(b) unionized and un-unionized;
(c) formal and informal;
(d) agricultural and non-agricultural.
004. The State shall promote the ___________ use of voluntary modes of settling
labor disputes.
(a) preferential;
(b) alternative;
(c) optional;
(d) conditional.
005. Which of the following is an individual right of a worker?

(a) collective bargaining;
(b) strike;
(c) participation;
(d) self-organization.
2. COMPREHENSION MCQs.
006. Art. 3, P.D. 442, was ______ by Sec. 3, Art. XIII of the Constitution.
(a) expanded;
(b) enhanced;
(c) modified;
(d) amended.
007. Labor in a particular establishment is organized when –

(a) it acts thru a union;
(b) all workers are union members;
(c) at least one CBU is unionized;
(d) all CBUs are unionized.
008. An establishment is organized when –

(a) it is unionized;
(b) it has an exclusive bargaining representative (EBR);
(c) it has a CBA with an EBR;
(d) all its CBUs are unionized.
009. When a third person identifies the real issues between disputants and suggests
solutions on a take it or leave it basis, the process he is engaged in is called –
(a) compulsory arbitration;
(b) voluntary arbitration;
(c) conciliation;
(d) mediation.
010. When a third party hears and resolves a dispute, he is engaged in arbitration.
This process is voluntary arbitration when -
(a) he is pre-designated to act as such in the disputants’ CBA;
(b) he is named in a notice to arbitrate;
(c) he is requested in a submission agreement;
(d) the NCMB appoints him to act as such.
Note: Which of the following agreements is legally feasible?
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(a) an agreement before the Labor Arbiter to bring a case to
voluntary arbitration;
(b) an agreement before the Voluntary Arbitrator to transmit
a case to the Labor Arbiter;
(c) an agreement to have a case decided by the Labor Arbiter
then enforced by the Voluntary Arbitrator;
(d) an agreement to have a case decided by the Voluntary
Arbitrator then reviewed by the Labor Arbiter.
APPLICATION MCQs.
011. Which of the following is a constitutionally guaranteed right?

(a) participation in the adoption of a code of discipline;
(b) participation in all corporate board meetings;
(c) participation in adopting a merger resolution;
(d) participation in plant level investigations.
012. Participation is the same as ___________.

(a) co-determination of management policies;
(b) co-management of a business;
(c) co-adoption of a code of discipline;
(d) co-authorship of hiring rules.
013. Management prerogatives must be protected so that enterprises may enjoy their
right to:
1. reasonable return on investment;
2. expansion and growth;
3. equal protection;
4. social justice.
The most logical purpose of the exercise of management prerogatives is:

(a) 1 because management prerogatives ensure control over
all aspects of business;
(b) 2 because management prerogatives ensure business
success;
(c) 3 because management prerogatives neutralize the
many rights of workers in the Constitution;
(d) 4 because management prerogatives guarantee that
employers will not be oppressed or destroyed.
014. The Principle of Shared-Responsibility translates best as follows:

(a) the duty of employers to pay a living wage requires the
correlative duty of employees to render adequate and
efficient service;
(b) parties shall negotiate to resolve wage distortion disputes;
(c) wages shall be fixed thru collective bargaining;
(d) employees and workers shall not act oppressively against
one another.
015. A “no couples policy” that survives scrutiny under Art. 136 of the Labor Code
for being facially neutral may still be void under the Full Protection Clause if –
(a) it has a disparate impact;
(b) it has no legitimate business purpose;
(c) compliance therewith will not enhance the worker’s
efficiency;
(d) it results in a forced resignation.
ANALYSIS MCQs.
016. A worker must be fully employed in order to avoid his being –

(a) marginalized;
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(b) abused;
(c) discriminated;
(d) over-employed.
017. A draft document entitled “Manual for Employees” is a code of discipline

exclusively prepared by Texas Instruments (TI). By force of the Principle of
Participation,
(a) it must be explained to the workers;
(b) it must be reviewed by the workers;
(c) it must re-written with the workers;
(d) it must be ratified by the workers.
018. Stem: Security of tenure: Just or authorized cause.

Options:
(a) Just share in the fruits of production: company
performance;
(b) Self-organization: union busting;
(c) Living wage: illegal salary deductions;
(d) Humane conditions of work: sexual harassment.
SYNTHESIS MCQS.
019. A settled rule in Civil Procedure has it that law determines jurisdiction over the
subject matter of a case. But in Labor Law, jurisdiction can be stipulated in a
Collective Bargaining Agreement. What, if any, is the legal basis for this?
(a) non-observance of technical rules in labor cases (Art. 221, PD 442);
(b) free collective bargaining (Art. 211, PD 442);
(c) freedom of contracts (Art. 1306, New Civil Code);
(d) preferential use of voluntary modes of settling disputes (Sec. 3, Art.
XIII, Constitution).
020. A CBA violates the equality of employment opportunities guaranty of the

Constitution by providing that female flight attendants shall retire 5 years earlier
than their male counterparts. To protect the disadvantaged workers, you will:
(a) file a petition for declaratory relief, with prayer to nullify the
CBA provision, with the RTC;
(b) file a complaint for Unfair Labor Practice with the Labor Arbiter;
(c) file a petition to nullify the CBA provision with the Voluntary
Arbitrator;
(d) file a petition to deregister the CBA with the DOLE Regional
Director.
EVALUATION MCQs.
021. Piolo is a worker. Therefore,

(a) he has the right to join a labor organization for collective
bargaining purposes;
(b) he has an employer with the obligation to pay him a living
wage;
(c) he has the right to equality of employment opportunities;
(d) he is entitled to a just share in the fruits of production.
022. Edu is the employer of Piolo. Therefore, the following are his obligations,
except:
(a) he must not dismiss Piolo but for a just or authorized
cause;
(b) he must pay Piolo a living wage;
(c) he must give Piolo equal chance to be promoted;
(c) he must give Piolo an incentive pay from his net income as his just
share.
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023. While working in the Sultanate of Oman, a Filipino national applied for work in
China. His would-be Chinese employer sent him his employment contract which
he signed and sent back to China. Later, he commenced work under his new
employer. Unfortunately, the latter retrenched him. He comes to you for legal
advice.
(a) You will tell him that he is a direct hire who is not protected by
Philippine labor law; hence, he should charge his misfortune to
experience;
(b) You will tell him that the Office of the Labor Arbiter is a forum
non conveniens; hence, he should go back to China, if he can, to litigate
against his Chinese employer;
(c) You will tell him that he is not an OFW who can sue under Section
10, RA 8042, as amended; hence, his case would be frustrated by Art. 18,
PD 442, banning direct hiring;
(d) You will tell him that the Labor Arbiter cannot acquire jurisdiction
over his employer in the absence of a local agent; hence, his decision
would be void and ineffective.
Art. III
KNOWLEDGE MCQs.
024. The legal basis for awarding nominal damages in a case where a dismissal is
sustained for being grounded on a just cause is the employer’s violation of –
(a) Due Process Clause;
(b) Statutory Due Process ;
(c) Equal Protection Clause;
(d) Full Protection Clause.
COMPREHENSION MCQs.
025. One’s work is property in the constitutional sense. Which of the following is the
most logical argument based on this postulate.
(a) a dismissal without notice and hearing is taking away of
property without due process of law; hence, it is illegal;
(b) an act of illegal dismissal is a violation of a property right; hence,
the prescriptive period for an action contesting a dismissal is 4 years;
(c) one’s employment is property subject to an owner’s
property rights; hence, it can be traded off for separation pay;
(d) once bought by a service contractor, one’s services become the
former’s property; hence, he can sell them to his principal.
026. A classification established by law, like Sec. 10 of R.A. 8042, is valid if: first, it
is based on substantial differences; second, it is germane to some legal purpose;
third, it applies to all members of a class; and, fourth, it applies to present and
future conditions. In addition, pursuant to the (Strict Judicial Scrutiny Test;
Legal Classification Test), it must serve a State interest and its connection to
said interest is (necessary; determinable; identifiable; defensible).
Thus, there is compliance with the Equal Protection Clause in:

(a) Strict Judicial Scrutiny Test; necessary;
(b) Legal Classification Test; determinable;
(c) Legal Classification Test; identifiable ;
(d) Strict Judicial Scrutiny test; defensible.
APPLICATION MCQs.
027. Non-compliance with prescribed pre-termination procedure does not render a

dismissal illegal under the Due Process Clause because –
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(a) the Full Protection Clause is the provision to apply;
(b) a dismissal is a private act;
(c) a pre-termination procedure is just a statutory requirement;
(d) a dismissal is valid as long as it is for a just or authorized cause.
Or
028. A dismissal which is not preceded by notice and hearing would not be illegal
because –
(a) an act of dismissal is a private act beyond the reach of the Due Process
Clause;
(b) Art. 279 of the Labor Code does not require notice and
hearing;
(c) Art. 277 requires ample opportunity only;
(d) The ORILC, which requires hearing or conference, is
inconsistent with Art. 277.
ANALYSIS MCQs.
029. The re-enactment by RA 10022 of the formula in Sec. 10, RA 8042 which the
Supreme Court nullified in the 2009 Serrano case may mean the abandonment of
jurisprudence, or otherwise. You are a Labor Arbiter about to decide an OFW’s
claim for salaries that he would have received had his 2-year contract not been
unlawfully pre-terminated. Which course of action would you take?
(a) do a straight computation based on the Serrano ruling, supporting your

computation with the raison d’etre of said ruling;
(b) award 3 months salary for every year of the unexpired term, applying the
Operative Fact Doctrine;
(c) do a straight computation after nullifying the pertinent provision of RA
10022 on the matter;
(d) harmonize law and jurisprudence and do a mixed computation as done
by the Court of Appeals in the Flourish Maritime case.
SYNTHESIS MCQs.
030. The conflict between the Serrano ruling and R.A. 10022 on how an OFW’s
salaries for the unexpired portion of his pre-terminated contract shall be
computed may be resolved as follows:
(a) consider the raison d’etre of the Serrano ruling and stick to the
constitutional grounds employed by the Supreme Court;
(b) apply the Operative Fact Doctrine and accord R.A. 10022 validity until
annulled;
(c) lobby with Congress to amend R.A. 10022 to conform to the Serrano
ruling;
(d) take note of the date of effectivity of R.A. 10022 and apply it
prospectively so that pre-terminations before said date should be
resolved in accordance with the Serrano ruling.
Note: The Yap ruling, supra., would have put an end to this issue
had the SC been aware of RA 10022.
EVALUATION MCQs.
031. The constitutionality of Art. 245, P.D. 442, which disqualifies

managerial employees from organizing, is relative.
It is constitutional if:
A - (1) managerial employees join the union of
rank-n-filers;
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(2) their purpose is collective bargaining;
It is unconstitutional if:
B - (1) managerial employees form their own union;
(2) they organize for mutual aid and protection.
I agree for the following reason:

(a) A (1); B (2);
(b) A (2); B (1);
(c) A (2); B (2);
(d) A (1); B (1).
Art. II
KNOWLEDGE MCQs
032. The New Constitution, in Article II, particularly

A - Sec. 9;
B - Sec. 10;
C - Sec. 18;
D - Sec. 20;
Lays down policies on

1 - full employment;
2 - indispensable role of the private sector;
3 - social justice ;
4 - labor as a primary social economic force.
Which of the following is the accurate match between provision and subject
matter?
(a) A (1); B (3); C (4); D (2);
(b) A (2); B (1); C (3); D (4);
(c) A (3); B (4); C (1); D (2);
(d) A (4); B (3); C (2); D (1).
033. Section 10, Article II of the Constitution provides: “The State shall promote
__________ in all phases of national development.”
(a) due process;
(b) equal protection;
(c) social justice;
(d) full protection.
034. Section 14, Article II of the Constitution provides: “The State recognizes the
role of women in nation-building, and shall ensure _______.”
(a) “equal employment opportunities for men and women”;
(b) “the fundamental equality before the law of women and
men”;
(c) “their protection against all forms of discrimination”;
(d) “their right to due process and equality before the law.”
COMPREHENSION MCQs.
035. It is the humanization of laws so that justice in its rational sense may at least be
approximated.
(a) social justice;
(b) compassionate justice;
(c) labor justice;
(d) universal justice.
036. One is fully employed if –
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(a) he is over-employed;
(b) he receives more than minimum wage;
(c) his income can support his and his family’s basic needs ;
(d) his work is regular and permanent.
APPLICATION MCQs.
037. Oriental Timber Co. was forced to dismiss 100 workers due to serious business
losses. However, it did not observe the required 30-day notice. If it can show its
said losses with substantial evidence, it can be directed to pay nominal damages
of P10,000.00 instead of P50,000.00 to each dismissed worker as a measure of
social justice because –
(a) compassion for the poor is the imperative of every humane society;
(b) social justice authorizes neither self-destruction nor oppression of an
employer;
(c) there is justice outside the law;
(d) compassion is for the deserving, and Oriental Timber Co. is not a rascal
claiming an undeserved privilege.
038. The Labor Arbiter, the evidence regardless, decided a case in favor of a worker
for the sole reason that the latter was a party to a lopsided relationship. His
decision must be reversed because –
(a) social justice is for the deserving, to be dispensed only based on law and
evidence;
(b) social justice is just a catchphrase for the intellectual delectation and
mental seduction of those who abuse their rights;
(c) social justice authorizes neither self-destruction nor oppression of an
employer;
(d) social justice will only tilt the scales of justice if the evidence is on
equipoise.
ANALYSIS MCQs.
039. If the State promotes a just and dynamic social order then it will ensure the
prosperity and independence of the nation. If it ensures the prosperity and
independence of the nation then it can improve the quality of life for all.
Therefore, if the State promotes a just and dynamic social order then –
(a) it can improve the quality of life for all;
(b) social justice would reign;
(c) social order would be realized;
(d) the nation would prosper.
040. If the State promotes policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all
then it will free the people from poverty. If, among others, the government –
(a) does not guaranty full respect for human rights;

(b) does not affirm labor as a primary social economic force;
(c) does not recognize the vital role of the youth;
(d) does not promote full employment.
Then it will not free the people from poverty.
SYNTHESIS MCQs.
041. Article 16, PD 442, limits recruitment to government agencies. By way of

exception, Article 25 of the same Code permits the participation of the private
sector in this activity. Cite from the following recital of policies the applicable
policy on the matter.
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(a) encouragement of private enterprise;
(b) incentives to needed investment;
(c) indispensable role of the private sector;
(d) improved quality of life for all.
042. Diether, with a 25-year unblemished work record behind him, was caught by the
security officer of the Ocampo Trading sleeping beside a female co-security
guard. It turned out that an expensive company motorbike was stolen due to his
neglect of his duty. You are the Labor Arbiter.
A - You will declare the dismissal valid on the

ground of:
(1) serious misconduct;
(2) gross and habitual neglect of duty;
B - But you will award financial assistance in

view of Diether’s length of service:
(1) as a measure of social justice;
(2) as premium since he did not commit
an immorality.
In fine, you will:

(a) A (1); and B (2);
(b) A (2); and B (1);
(c) A (1); and B (1);
(d) A (2); and B (2).
EVALUATION MCQs.
043. The indispensable role of the private sector in overseas recruitment means –
(a) the government would never agree to be solidarily liable with foreign
employers; hence, it must shift liability to the private sector;
(b) the government would never give up its immunity from suit; hence, it
must privatize recruitment;
(c) courts of the land must acquire jurisdiction over the persons of foreign
employers; hence, private recruiters/agents are needed to give them
jurisdiction;
(d) the local courts cannot enforce their judgments against foreign
employers; hence, they need agents to make their judgments effective.
NEW CIVIL CODE
1. KNOWLEDGE MCQs.
044. Which of the following is a civil law characteristic of employer-employee

relationship?
(a) in personam relationship;
(b) master-servant relationship;
(c) relationship impressed with public interest;
(d) a shared-responsibility.
045. The Liberal Interpretation Rule covers doubts and ambiguities arising from labor
contracts as required by –
(a) Art. 4, PD 442;
(b) Art. 1702, New Civil Code;
(c) jurisprudence;
(d) general principles of justice.
046. Employer-employee relationship is ___________.
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(a) a creation of law;
(b) a creation of contract;
(c) a creation of economic necessity;
(d) a creation of control.
3. APPLICATION MCQs.
047. As a relationship impressed with public interest, the parties to employer-

employee relationship are enjoined by Article 1701 of the New Civil Code –
(a) to act civilly towards one another;
(b) to not act oppressively against one another;
(c) to not resist the injunctive powers of the State;
(d) to bargain collectively.
4. ANALYSIS MCQs.
048. Employer-employee relationship is a contractual relationship. As such, it is

correct to argue that:
(a) it is governed by the Principle of Obligatory Force of
Contracts; hence, an employer should allow his probationary employee
to complete his probation before making a finding that he has failed to
qualify;
(b) it is governed by the Principle of Freedom of Contracts;
hence, an employee can terminate it by resigning or
quitting to avoid involuntary servitude;
(c) it is governed by the Principle of Relativity of Contracts;
hence, a deceased employer’s surviving parents shall assume the
latter’s obligations;
(d) it generates the obligation to render personal service on the part of the
worker, and the obligation to pay wages on the part of the employer; hence, it is
a legal necessity justifying specific performance.
5. SYNTHESIS MCQS.
049. Labor contracts are governed by special laws (Art. 1700, New Civil Code), more
specifically by the Labor Code. In case of conflict between provisions of this
special law and provisions of the New Civil Code, which is a general law, the
former shall be given preferential application. Therefore:
(a) a term employee performing work necessary or desirable to the usual

business of his employer is a regular employee (Art. 280, PD 442) who
shall not be relieved upon expiration of his contract by his employer
relying on Art. 1306 of the New Civil Code;
(b) an unpaid worker, who is 6th in the order of preference under Art. 2241 of
the New Civil Code, shall be 1st by virtue of Art. 110 of the Labor Code
as long as he submits his unpaid claim in a bankruptcy or insolvency
proceeding;
(c) only doubts arising from provisions of PD 442 and its implementing
rules shall be resolved in favor of labor (Art. 4, PD 442); hence, those
arising from labor contracts (Art. 1702, New Civil Code) shall not be so
resolved;
(d) an unpaid worker who is not 1st in the order of preference
established by the New Civil Code can be 1st under Art. 2244 of the
New Civil Code as long as he complies with the requisites of Art. 110 of the
Labor Code.
6. EVALUATION MCQs.
050. Employer-employee relationship is a contractual relationship.

As such,
15
(a) it is a question of fact; hence, it can only be established with
documentary evidence;
(b) it is the source of obligations; hence, it creates a legal necessity to give,
to do or not to do;
(c) it is a question of intent; hence, its existence can be stipulated against;
(d) it is a consensual relation; hence, it is must be entered into freely,
knowingly and voluntarily.
051. Pedro is a party to an employment contract. Therefore –

(a) Pedro is either an employer or an employee;
(b) Pedro must not act oppressively against the other party ;
(c) Pedro can terminate the contract for a just cause;
(d) Pedro is a party to a symbiotic relationship.
LABOR CODE
KNOWLEDGE MCQs.
052. Which of the following principles in Sec. 3, Art. XIII of the Constitution is not
found in Art. 3 of the Labor Code?
(a) full employment;
(b) equality of employment opportunities;
(c) just and humane conditions of work;
(d) just share in the fruits of production.
053. Doubts arising from the _______ shall be resolved in favor of

labor.
(a) Magna Carta for Persons with Disability;
(b) Anti-Sexual Harassment Act;
(c) Double Indemnity Law;
(d) Wage Rationalization Act.
054. The following are labor relations principles, save:

(a) free collective bargaining;
(b) free trade unionism;
(c) no injunction;
(d) free choice of employment.
COMPREHENSION MCQs.
055. A labor dispute can obtain even between strangers because:

(a) Art. 106, PD 442, makes it possible;
(b) the allegations of a complaint determine the existence of
a labor dispute;
(c) a labor dispute is a question of law;
(d) the disputants need not stand in the proximate relation of
employer and employee.
APPLICATION MCQs. (Correlation between LSL & LRL)
056. Pong Cha Chen was dismissed due to loss of trust and confidence. Following his
dismissal, he filed a complaint for reinstatement with prayer for payment of
backwages based on his monthly salary of P15,000.00 . In the meantime, he sells
BBQ from which he earns P15,000.00 a month. Before submission of position
papers, he amends his complaint to pray for the monetization of his service
incentive leaves (SIL) from date of dismissal to date of reinstatement.
(a) the amendment is baseless because he ceased to be an employee when
dismissed;
(b) the amendment is baseless because SIL is not part of backwages;
(c) the amendment is baseless because after his dismissal his
employer had less than 10 employees already;
16
(d) the amendment is baseless because he is no longer an employee for
purposes of continuing entitlement to labor standards benefits.
ANALYSIS MCQs. (Correlation between LSL & LRL)
057. 50 workers engaged by a contractor sue the latter’s principal for regularization
with the Office of the Labor Arbiter. The latter moves to dismiss on the ground
of lack of jurisdiction arguing that employer-employee relationship exists
between him and the complainants for purposes of recovering unpaid wages only.
The motion must be denied because:
(a) the complainants must be given the chance to prove that the contractor is
a labor-only contractor;
(b) the case involves a labor dispute even if the disputants do not
stand in the proximate relation of employer and employee;
(c) motions to dismiss are prohibited pleadings;
(d) a complaint for regularization is within the jurisdiction of a Labor
Arbiter.
058. Texas Instrumentals, Inc. has 3 rival unions, viz., Union A, Union B and Union
C. Union A is the certified EBR. Due to the refusal of the company to submit to
voluntary arbitration, Union B served it notice to arbitrate to allow the VA to
acquire jurisdiction. Union A contested the act of Union B for lack of authority.
The latter justified its act with this provision of Art. 255, PD 442: “However, an
individual employee or group of employees have the right at any time to present
their grievances to their employer.”
The service of notice is erroneous because:

(a) the Voluntary Arbitrator acquires jurisdiction only thru a
submission agreement;
(b) Union B should have asked the NCMB to appoint a VA, not serve a
notice to arbitrate;
(c) the certified EBR should be unwilling to serve a notice to
arbitrate as a precondition;
(d) the proviso invoked does not include service of a notice to
arbitrate.
SYNTHESIS MCQs. (Correlation between LSL & LRL)
059. Corporate officers, who are not impleaded in a labor case, may be held
personally liable under a final judgment rendered against their corporation
because:
(a) they are employers also for acting directly in the interest of their
corporation;
(b) they have directly participated in or assented to the commission of
illegalities;
(c) corporate officers are solidarily liable;
(d) corporate officers are deemed automatically impleaded.
060. In addition to the 2 requisites in Art. 212 (f), D.O. 40-03 requires a dismissed
worker to contest his dismissal before a forum of appropriate jurisdiction in order
to continue possessing employee status. This requirement constitutes an
amendment of the Labor Code. The legal status of this new requirement is:
(a) void because it is amendatory of Article 212, PD 442;
(b) void because it violates Article 5, PD 442;
(c) valid because of the Operative Fact Doctrine;
(d) valid because of its ratio legis.
EVALUATION MCQs. (Managerial employee, Art. 212)
17
061. Art. 245 of the Labor Code, disqualifying managerial employees, is
constitutional for the following reasons:
(a) managerial employees cannot join a labor organization because they act
in the interest of their employer; hence, they are employers;
(b) managers act in the interest of their employer; hence, they should not
bargain with themselves;
(c) a labor organization exists in whole or in part for purposes of collective
bargaining; hence, managers would demand economic concessions from
their employer and grant their own demands since their corporation acts
thru them;
(d) the other employees would never be assured of their loyalty and their
union would end up company dominated.
RECRUITMENT AND PLACEMENT
KNOWLEDGE MCQs.
063. What is the gravamen of the offense of illegal recruitment under Art. 13(b),
PD 442?
(a) giving of distinct impression of one’s authority, influence or
ability to procure employment;
(b) commission of any of the acts enumerated under Art. 13(b) without
the benefit of a recruitment license;
(c) promising employment to 2 or more persons;
(d) collection of placement fee sans deployment.
064. What is the core element of illegal recruitment under Art. 34, PD 442?
(a) free, knowing and voluntary commission of any of the
listed acts;
(b) criminal intent;
(c) animus lucrandi;
(d) mere commission of a prohibited act by any person
engaged in recruitment.
065. Which of the following acts does NOT require a recruitment

license?
(a) canvassing;
(b) referring;
(c) transporting;
(d) visa assisting.
066. A recruitment license is to a private employment agency;

whereas, a recruitment authority is to __________.
(a) x x x
(b) y y y
(c) z z z
(d) a private recruitment and placement entity.
Just note.
067. A recruitment license limits recruitment activity to the place

specified in it; hence, it is –
(a) localized;
(b) place-specific;
(c) territorial;
(d) internal.
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068. Which of the following is a prohibited activity?
(a) charging a person 8% annual loan interest;
(b) advancing processing expenses for a job applicant and
charging 8% annual interest;
(c) lending to a job applicant at 8% annual interest;
(d) engaging in lending to OFWs at 8% annual interest &
requiring a PDC to secure the loan;
.
COMPREHENSION MCQs.
069. A person who received money in exchange for his promise to procure a passport,
visa, and plane ticket for another is not deemed engaged in recruitment absent a
showing that –
(a) he made a distinct impression that he had the authority,
influence or ability to procure employment for the other;
(b) he acted in bad faith;
(c) he processed the applications thru a recruiter;
(d) he is employed in a recruitment agency.
070. A person who promises employment to others for a fee is deemed

engaged in recruitment if:
(a) the employment is abroad;
(b) there are 2 or more job applicants;
(c) he does not issue a receipt;
(d) he does not give a date for deployment.
071. It is the act of passing along, after an initial interview, of a particular applicant to
a particular employer, agent or bureau.
(a) canvassing;
(b) enlisting;
(c) referring;
(d) utilizing.
072. ___________ is the practice of employer-accredited diagnostic centers of

referring for a fee job applicants to other diagnostic centers in order to maximize
their income.
(a) referring;
(b) passing along;
(c) canvassing;
(d) referral decking.
APPLICATION MCQs.
073. A person engaged in recruitment does not commit illegal recruitment if

licensed, unless:
(a) he is the subject of a prior complaint for illegal
recruitment;
(b) he has issued a receipt for advance placement fee;
(c) he has not yet submitted his SPA to the POEA;
(d) he knew that deployment had become impossible.
074. Which of the following is a tenable defense in a criminal action

for illegal recruitment?
(a) lack of profit;
(b) dealing with 1 person only, instead of 2 or more;
(c) lack of knowledge that co-accused wife was recruiting;
(d) non-deployment is due to the fault of the job applicant.
075. Which of the following is an ineffective defense in a criminal

action for illegal recruitment?
(a) the employment promised is local;
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(b) no distinct impression of authority to recruit;
(c) mere employee status;
(d) remittance of placement fee to a licensed recruiter.
076. In 1990, Justin recruited X pending issuance of his license. In 1991, he was
finally issued a license. In 1992, X sued him for failure to deploy. During trial,
where his authority to recruit was at issue, he adduced a certification issued by
the POEA that he had a license. Decide.
(a) I will convict Justin. A recruitment license cannot be
retroacted;
(b) I will convict Justin. Non-deployment is not due to the
fault of X;
(c) I will convict Justin. He should have presented an
authority, not a license;
(d) I will convict Justin. He misrepresented his authority to
recruit.
077. Three job applicants whom your client failed to deploy sued him for illegal
recruitment. Knowing that the offense is non-bailable, what would you do?
(a) I will tell him to raise a huge amount of money then I will collect my
acceptance fee. The rest of it I will use to forge a settlement with the
third complainant for him to withdraw his complaint so that my client
can post bail;
(b) I will tell him to reimburse all the complainants, after he pays my
attorney’s fee;
(c) I will tell him I can defend him at the level of the prosecutor, but we
would need money to make the latter see the merits of our defense;
(d) I will tell him I can refer him to Atty. Fortun, but he must pay my referral
fee.
ANALYSIS MCQs.
078. Xiong, thru his agent and compatriot Wang who dealt with the Sun Ace Services
(SunAce), engaged Divina under a 1-year POEA-approved contract. Upon
expiration of said contract, Xiong and Divina entered into a 2-year renewal
contract. Following expiration of this second contract, Divina came home to the
RP to file a money complaint against her foreign employer and recruiter. In its
position paper, SunAce alleged that it was not aware of the second contract and
that it did not give its consent thereto. As to the money claims, it attached a
telefax from Wang stating that the claims were paid by Xiong in Taiwan. If said
telefax is evidence of the continuing communication between SunAce and
Xiong, would you hold SunAce solidarily liable with the latter?
(a) Yes, because knowledge of Xiong of the second contract is knowledge

of SunAce thereof under the Theory of Imputed Knowledge;
(b) No, because knowledge of a principal is not knowledge of his agent since
the Theory of Imputed Knowledge operates the other way around;
(c) Yes, because even after termination of principal-agent relationship, the
agent continues to be solidarily liable;
(d) No, because a telefax does not constitute substantial evidence as a

reasonable mind should not accept it as adequate to support a
conclusion.
079. Even if a person was licensed or authorized to recruit, he would still be liable for
illegal recruitment if –
(a) he fails to deploy his recruit without fault on the part of the latter ;
(b) he charges .08% monthly interest on the balance of his recruit’s
placement fee;
(c) he requires his recruit to get a training certificate from the only training
center within its area of recruitment;
20
(d) he requires his recruit to procure a medical certificate
from an accredited diagnostic clinic.
SYNTHESIS MCQS.
080. A , B and C were charged with illegal recruitment (economic sabotage) by

majority of their 5 victims. Only A and B were tried and convicted because C
evaded arrest. They were thus imposed the penalty of life imprisonment. On
appeal, they prayed for their acquittal because they just numbered 2 whereas the
law required 3 or more conspirators. Which of the following best resolves their
ground?
(a) their conviction must be affirmed because majority of 5 is 2.5. plus 1
which is 3.5 victims; hence, they are guilty of large scale illegal
recruitment;
(b) their conviction must be affirmed because if they did not commit
syndicated illegal recruitment then they committed large scale
illegal recruitment;
(c) their ground should be dismissed because while they could not have
committed syndicated illegal recruitment because they numbered just
2, they still committed economic sabotage for dealing with 3 or more
job applicants;
(d) their ground should be sustained because evidence in criminal
proceedings must be construed strictly against the State.
081. Joan files a petition with the DOJ to review the resolution of the city prosecutor
dismissing her complaint for illegal recruitment against Jude. The ground for
dismissal was it was her fault that she was not deployed. It was shown that she
was not ready to fly on the day of her deployment because the luggage that
contained her “ukay-ukay” winter clothes was misplaced at the airport. Resolve
the petition.
(a) I will grant the petition. Joan was without fault because there are really
thieves at the airport from time immemorial;
(b) I will grant the petition. It is enough that the complaint excites suspicion
as to the existence of a probable cause against Jude;
(c) I will dismiss the petition. Joan is at fault. She should have simply
bought new clothes upon arrival abroad;
(d) I will dismiss the petition. Non-deployment must be without fault on the
part of the complainant. Here, Joan did not observe ordinary diligence
in safeguarding her luggage.
EVALUATION MCQs.
082. Charged by her neighbors with illegal recruitment for collecting various sums of
money from them, with no possible deployment in sight, Lorna interposed that
she remitted all her cash collections to a licensed recruitment agency. During
trial, she presented the cashier of said agency to admit receipt of the money. As
trial judge, how will you treat above defense?
(a) I will disregard it because it amounts to the defense of lack of profit;
however, the law says “for profit or not”;
(b) I will disregard the defense because it is an admission of an act of
referral;
(c) I will consider the defense because Joan acted in good faith in helping
her neighbors;
(d) I will consider the defense because the law does not prescribe a period
within which to deploy.
083. Sued with his wife for illegal recruitment, the husband testified that he was not
aware that his wife was engaged in recruitment without a license, and that he
was just driving the family van from Baguio to Manila with people invited by his
wife to join them aboard. Decide.
(a) I will convict the husband. He was in obvious conspiracy with his wife;
21
(b) I will convict the husband. It would be most unfair to convict just the
wife;
(c) I will convict the husband. A husband cannot disown his wife’s acts
committed in his presence;
(d) I will convict the husband. His defense of lack of knowledge is a good
faith defense and the same is not available in prosecutions for acts mala
prohibita.
084. In their complaint, 2 job applicants claimed that the respondent collected
placement fees which he covered with receipts. Finding probable cause, the
prosecutor filed an information for illegal recruitment against said respondent.
During trial, however, the prosecutor forgot to adduce said receipts. What would
be the effect of the prosecutor’s omission on the criminal liability of the accused?
(a) his omission justifies an acquittal for failure to prove the
requisite “fee”;
(b) his omission justifies an acquittal because what was
alleged should have been proven;
(c) the omission does not justify an acquittal because “fee” is
not an element of illegal recruitment;
(d) the omission does not justify an acquittal because the
accused dealt with “2 or more”.
LABOR STANDARDS
KNOWLEDGE MCQs.
085. Labor standards cover all employees in all establishments, whether for profit or
not, like:
(a) managerial employees; officers and members of the
managerial staff; and members of the family of the
employer dependent on him for support;
(b) government workers; and field personnel;
(c) workers paid by result; persons in the personal service of
another; and domestic workers;
(d) learners; apprentices; and handicapped workers.
086. The Reasonable Causal Connection Rule requires –

(a) employer-employee relationship as basis for entitlement
to labor standards;
(b) that a labor standards claim must have reasonable causal
connection to employer-employee relationship for labor
tribunals to have jurisdiction;
(c) that a money claim must be resolvable under the Labor
Code for labor tribunals to have jurisdiction;
(d) that a money claim must at least be casually connected to
employer-employee relationship for the claimant to have
a cause of action.
087. Ree-Book is engaged in retail business and has 9 regular workers. These workers
are entitled to the following labor standards benefits, save:
(a) weekly rest period;
(b) night shift differential;
(c) holiday pay;
(d) overtime pay.
088. Ree-Bond sells hair spa materials and effects. It employs 3 regular store helpers
who are sometimes required to work past 10:00 pm when there are late incoming
deliveries. These workers are NOT entitled to nightshift differential because:
22
(a) they are employees of an employer engaged in retail or service with not
more than 5 regular workers;
(b) they are employees of an employer engaged in retail or service with less
than 10 regular workers;
(c) they are persons in the personal service of another;
(d) they are workers paid on task basis.
089. Jim-Bond is not a manager, supervisor, family member dependent on the

employer for support, government worker, field personnel, worker paid by result,
person in the personal service of another or domestic worker. But he is not
entitled to service incentive leave (SIL) because:
1. his employer is giving him the equivalent of 5 SIL;
2. his employer is exempt;
3. he is one of the less than 10 regular workers of his
employer.
(a) 1, 2 & 3 are all correct;

(b) 1 & 2 are correct; 3 is incorrect;
(c) 1 is correct; , 2 & 3 are incorrect;
(d) 1, 2, & 3 are incorrect.
COMPREHENSION MCQs.
090. The following benefits are labor standards, with the exception
of:
(a) service incentive leave;
(b) service charges;
(c) overtime pay;
(d) premium pay.
091. Except by one of the following, which must be shaded, what

Labor Standards Law provides may be altered if favorable to
workers:
(a) collective bargaining agreement;
(b) employment contract;
(c) practice or policy;
(d) strike.
APPLICATION MCQs.
092. A person who executes management policies is a –

A - (1) middle manager;
(2) first level manager;
Who is not entitled to –
B - (1) holiday pay;
(2) weekly rest period.
Otherwise stated,
(a) A (1); B (1);
(b) A (2); B (2);
(c) A (1); B (2);
(d) A (2); B (1).
093. Alexis a commercial worker who regularly performs his work near his house and
away from the place of business of his employer. His hours worked can not be
ascertained with reasonable certainty. He is a –
A - (1) field personnel;

(2) homeworker;
Therefore, he is entitled to –
23
B - (1) meal period;
(2) overtime pay.
The correct match is:
(a) A (1); B (1);

(b) A (1); B (2);
(c) A (2); B (2);
(d) A (2); B (1).
ANALYSIS & SYNTHESIS MCQ.
094. Rigo has been driving a Victory Liner passenger bus the past 8 years. His
average daily take home pay is P500.00. He is retiring with 15 fellow drivers in
2 days. What will be the basis for computing his retirement benefits under Art.
287 of the Labor Code?
(a) 22.5 days;
(b) 20 days;
(c) 17.5 days;
(d) 15 days.
B
Time Benefits
Hours of Work
1. KNOWLEDGE MCQs.
Mother MCQ on Solo Parents.
095. A solo parent is

A - (1) a woman left alone to take care of her baby;
(2) any person left alone or solo to discharge
parental responsibility;
Due to
B - (1) birth outside wedlock or private crime;
(2) among others, death, abandonment,
separation, detention;
As long as the dependent is

C - (1) less than 21, unmarried, unemployed and
living with the parent;
- (2) less than 18 unmarried, unemployed and
living with the parent.
A worker would possesses solo parent status, and would then

be entitled to flexible work schedule, if:
(a) A (1); B (1); C (1);
(b) A (2); B (2); C (1);
(c) A (2); B (2); C (2);
(d) A (1); B (1); C (2).
Note: Change in the status of the dependent will affect solo

parent status.
096. A flexible work schedule under DOLE Advisory 2, s. 2009, can be adopted
subject to these conditions: (1) necessity; (2) voluntariness; and (3)
________________. )
24
(a) good faith;
(b) temporariness;
(c) proper notice;
(d) consent.
097. A solo parent’s flexible work schedule right entitles him/her to leave his/her
work anytime to attend to his/her dependent, subject to these conditions: first,
this right cannot be exercised during core work hours; second, the worker must
come back to complete his/her hours of work; and, third,
(a) it is not available if it will impair individual or company
productivity;
(b) it is not available if there is company emergency ;
(c) it is not available if the worker has several absences;
(d) it is not available if the worker has unused leaves.
098. Unlike a Compressed Work Week (CWW) schedule, Reduced

Work Days (RWD) schedule is subject to a 6-month cap. The reason
is unlike in CWW, in RWD ____________________.
(a) the affected worker suffers income reduction;
(b) the affected worker cannot render overtime work to
recoup lost wages;
(c) the worker is deemed to have given his consent for 6
months only;
(d) the financial difficulties of the employer are relatively temporary.
4. ANALYSIS & EVALUATION MCQ.
099. You are the lawyer of a stevedoring company with several manual workers to
pay. Ships allow unloading of goods from 8:00 a.m. to 10:00 a.m. only.
Unloading resumes at 1:00 p.m. to 3:00 p.m. The next unloading can be done at
5:00 p.m. to 8:00 p.m., but by then the workers are due to retire for the day
already. What would you advise your client?
(a) give the workers commensurate pay only;
(b) hire contractual workers to unload the goods from 5:00
p.m. to 8:00 p.m.;
(c) adopt a broken time work schedule;
(d) compel the ships to allow unloading from 8:00 a.m. to
5:00 p.m.
Overtime
1. KNOWLEDGE MCQs.
100. Overtime is extra work rendered __________________ within

____________.
(a) beyond 8 hours; the day;
(b) beyond dismissal; the work day;
(c) beyond normal hours of work; the same workday;
(d) beyond dismissal; a period of 24 hours.
101. The work week is compressed to 4 days only due to necessity.

Which of the following is overtime work?
25
(a) work rendered beyond the 8th hour within the same
workday;
(b) work rendered beyond the 12th hour within the same
workday;
(c) work rendered beyond the 8th hour as long as 6 months
have elapsed already;
(d) work rendered beyond the 12th hour as long as the
worker completes 4 days of work.
3. APPLICATION & ANALYSIS MCQ.
102. Many years ago, Leo, who was on the 8:00 a.m to 5:00 p.m. workshift, received
P240.00 daily. On August 7, he reported for work at 9:00 a.m. and retired at 5:00
p.m. On August 8, he reported at 8:00 a.m. and retired at 6:00 p.m. upon the
request of his employer. On August 9, he reported at 7:00 a.m. to tender his
resignation due to low pay. He asked for his salaries for his 2 days of work. He
waited until 10:00 a.m. Finally, his employer gave his salaries as follows:
August 7 - P240.00 – P30.00 (undertime) = P210.00

August 8 - P240.00 + P30.00 (overtime) = P270.00
Total . . . . . . . . . . . . . . . . . . . . P480.00
Which of the following comments would you expess?

(a) the computation is wrong because it is not based on
minimum wage;
(b) the computation is unlawful because it violates Art. 88,
PD 442;
(c) the computation is prohibited by the rule that overtime
cannot offset undertime;
(d) the computation is erroneous because it does not include
the waiting time from 8:00 a.m. to 10:00 a.m..
Meal Period
APPLICATION & SYNTHESIS MCQ.
103. While away from the company clinic to take dinner at his nearby home, Dr. Co
was contacted by phone to rush back to the clinic to attend to a medical
emergency. He arrived 1 minute late as the nurse had already flagged down a
cab and brought the patient to the nearest hospital. The patient died the day after.
Dr. Co was then directed to explain why he should not be dismissed for
abandoning his work. Which explanation should he submit?
(a) he was not required to take his meal within company premises; hence,
he could leave his work and eat at home;
(b) he neither refused to work, nor has he performed an overt act to show his
intent not to return to work;
(c) he went back to the clinic immediately upon notice; hence, he
performed an overt act showing his intent to return to work;
(d) there is a time for every season under heaven; a time to be born and a
time to die; hence, he should not be blamed for the death of the patient.
Nightshift Differential
ANALYSIS & EVALUATION MCQ.
104. The CBA provides: “Nightshift differential (NSD) shall not be

computed before overtime (OT).” This means –
(a) the employees are not entitled to NSD;
26
(b) in computing OT pay, NSD pay shall not be integrated in
the basic salary;
(c) NSD shall be computed only after OT is computed;
(d) NSD shall only be computed after OT is computed.
Service Incentive Leave
1. KNOWLEDGE MCQs.
Mother MCQ.
105. A worker is entitled to service incentive leave (SIL) if he has rendered

_______________; he is not a ________________; and his employer has
_______________:
(a) 1 year of service; government worker; 10 or more workers ;
(b) 12 months of service; field personnel; 9 or more workers;
(c) 1 month of service; sea-based; no exemption;
(d) 365 days of service; managerial; 10 workers.
106. It is a labor standard judicially characterized as a curious animal.

(a) Holiday Pay;
(b) Service Incentive Leave;
(c) Premium Pay;
(d) Overtime Pay.
107. The following are labor standards, except:

(a) Holiday Pay;
(b) Service charges;
(c ) Premium Pay;
(d) Overtime Pay.
108. Extra work is overtime work if:

A - (1) rendered beyond 8 hours of work;
(2) worked beyond normal hours of work; and
B - (1) rendered within a period of 24 hours;

(2) rendered within a particular day.
Or else, one renders overtime if:

(a) A (1); and B (1);
(b) A (1); and B (2);
(c) A (2); and B (2);
(d) A (2); and B (1).
109. Kirk is one of the 25 regular monthly-paid employees of the BNP, a commercial
bank. On August 8, 2009, after 8 months of work, he reported for military duty
to help track down Ghadafy in Mindanao. Having succeeded in locating and
capturing the erstwhile Libyan dictator, he reported back to his bank and resumed
doing the work he left behind on his 39 th birthday until he celebrated his next
birthday. Which of the following benefits is Kirk entitled to based on the
foregoing facts?
(a) hazard pay;
(b) service incentive leave;
(c) vacation leave;
(d) bounty.
27
110. One month following Kirk’s 40th birthday, his wife gave birth to their 5 th child.
The first 4 were quadruplets whom Kirk and Cris jointly took care of at home.
Is Kirk entitled to paternity leave?
(a) No. The law limits the benefit to 4 children only. Cris delivered her 5 th
child; hence, Kirk is disqualified;
(b) No. The law limits the benefit to 4 deliveries only. Cris delivered the 5 th
time; hence, Kirk is disqualified;
(c) Yes. He is legally married to Cris with whom he cohabited;
(d) Yes. Cris had 2 deliveries only and her lawful husband continued to live
with her.
111. Cris died of a heart attack upon seeing the face of her 5 th child. He looked
exactly like Ghadafy. Is Kirk entitled to parental leave?
(a) Yes. He is now a solo parent by reason of the death of his wife Cris;
(b) Yes. But he must convert his parental leave to cash because he has not
yet used up his paternity leave;
(c) No. He has not yet exhausted his paternity leave; unless, he opts to
monetize his paternity leave;
(d) No. Kirk is not left alone or solo because of the presence of Inday, his
children’s longtime yaya.
Weekly Rest Period
1. KNOWLEDGE MCQ.
112. A covered worker who renders _________ is entitled to a rest day of

_____________.
(a) at least 1 month of work; 24 hours;
(b) 1 week of work, whether broken or continuous; 24
hours;
(c) 6 consecutive days of work; 24 consecutive hours;
(d) 6 days of work; 24 consecutive hours;
2. COMPREHENSION MCQ.
113. All employees in all establishments, whether for profit or not, are entitled among
others to a weekly rest period and overtime pay. Among others, domestic
workers are not so entitled. Therefore,
(a) a maid can be required to work 24/7;
(b) a maid shall work maximum of 8 hours daily for 7 days;
(c) a maid shall work maximum of 10 hours daily with 1 rest
day at her option;
(d) a maid shall work maximum of 12 hours daily and shall
rest for 12 hours weekly.
Premium Pay
1. KNOWLEDGE MCQs & COMPREHENSION MCQs.
114. Premium pay is -
(a) a penalty imposed on employers for requiring work when work should
not be performed;
(b) a benefit a covered worker is entitled to as a matter of right;
(c) an imposition of law to discourage employers from requiring extra
work;
(d) a measure of extra compensation to encourage rendition of services
when the same are not supposed to be rendered.
Note:
30% - holiday
50% - rest day; special day
Holiday Pay
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1. KNOWLEDGE MCQs.
115. A covered worker is entitled to holiday pay if he is present. on leave with

pay, or enjoying his rest day or regular holiday break on the day immediately
preceding–
(a) May 1;
(b) August 21;
(c) November 1;
(d) December 31.
116. If a regular holiday falls on a Tuesday, it shall be observed on :

(a) Monday;
(b) Tuesday;
(c) the day agreed upon in the CBA;
(d) the day convenient to employees.
Note: Holiday Economics Law repealed by Proc. 84.
117. Which of the following is a special day only?

(a) Rizal Day;
(b) Maundy Thursday;
(c) Good Friday;
(d) Black Saturday.
118. If 2 regular holidays fall on the same day, an employer cannot pay 1 holiday
only because –
(a) he would be unduly permitted to reduce the number of regular holidays
on that day from 2 to 1;
(b) only law can set the number of regular holidays; an employer cannot
reduce the number set by law;
(c) the covered worker’s workday is deemed doubled by the 2 holidays;
(d) the Liberal Interpretation Rule forbids payment of 1 holiday only.
119. If a worker reports for work on a day on which 2 regular holidays fall, he shall
be entitled to 300% of his basic salary because–
(a) this was the advice of the DOLE in 1993;
(b) this was the advice of the DOLE in 1998;
(c) 300% is just and equitable;
(d) there is no law to apply; hence, general principles of
justice shall apply.
120. A rank-n-file employee who is monthly-paid _______________.

(a) is not entitled to holiday pay because he is paid all the days of the month,
including holidays;
(b) is entitled to holiday pay because the law does not distinguish between
monthly-paid and daily-paid employees;
(c) is not entitled to holiday pay if he is paid more than 26 days a month;
(d) is entitled to holiday pay if he is paid less than 26 days a month.
121. A worker paid on task basis is entitled to the following benefits, except:
(a) holiday pay;
(b) meal period;
(c) rest day;
(d) SSS coverage.
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122. Donald is paid P25 per piece or unit of work he produces, which piece or
unit is more or less replicated, regardless of the time he needs to produce it. As such, he
is entitled to:
(a) holiday pay;
(b) nightshift differential;
(c) overtime pay;
(d) service incentive leave.
123. Donald is paid 5% of his gross sales of condoms. He is a worker paid by result;
hence, he is not covered by the holiday pay law. However, he would be entitled
to holiday pay if –
(a) his commission is less than 5% based on gross sales;
(b) he also receives basic monthly salary;
(c) he is one of more than 10 regular workers of his
employer;
(d) his employer is not exempt.
4. ANALYSIS MCQs.
124. The Equitable Bank computes the SIL and OT of its monthly-paid employees
by dividing their total annual basic salaries by a certain number of days in order
to arrive at their average daily rates. Sometimes, it uses 261 days as a divisor;
sometimes 249 days. The use of 249 days as divisor means:
(a) the bank deducts Saturdays, Sundays and regular
holidays from 365 days;
(b) the hourly rate is higher; hence, OT pay is higher;
(c) the bank pays higher SIL because the average daily rate
is higher;
(d) the bank does not pay its workers their holiday pay.
125. The VA held that Equitable Bank, using 249 as divisor in computing SIL, failed
to pay its monthly-paid employees their holiday pay. He then awarded them
holiday pay by using 261 as a divisor after increasing their total annual salaries
by 12 days. On appeal, the bank argued that if the proper divisor was 261 then
by using 249 it had overpaid its workers of SIL; hence, it will give them
holiday pay but they should reimburse the excess SIL. Decide.
(a) I will dismiss the appeal. The excess SIL is deemed waived thru
company practice;
(b) I will affirm the VA. The Principle of Solutio indebiti does not apply in
labor cases;
(c) I will affirm the VA. There is no excess payment because when the VA
increased the divisor from 249 to 261, he also increased the total annual
salaries by 12 days;
(d) I will dismiss the appeal. There is no appeal from the decision of a VA.
5. SYNTHESIS MCQS.
126. Piece-raters are workers paid by result; hence, they are not entitled to holiday
pay. So was the ruling of the Supreme Court in the 1993 Villuga Case, which it
reiterated in the 1999 Mark Roche International Case. However, Sec. 8(b), Rule
IV, Bk III of the ORILC entitles piece-raters to holiday pay as held in the 1998
Labor Congress of the Philippines. Resolve these conflicting rulings.
(a) Between Art. 82, PD 442, and Sec. 8(b), Rule IV, BK III of the ORILC,
the former must have preferential application;
(b) Sec. 8(b), Rule IV, Bk III of the ORILC exceeds the authority which
Art. 5, PD 442, grants the DOLE; hence, it is void for being amendatory
of PD 442;
(c) Sec. 8(b), Rule IV, BK III of the ORILC is valid and will continue to
produce legal effects until annulled;
(d) The 1999 Mark Roche International ruling is deemed to have abandoned
the 1998 Labor Congress of the Philippines ruling.
30
127. Rufo is on the 8:00 a.m. to 5:00 p.m. workshift. He is required to report at
exactly 8:00 a.m. to do the bundy and to report again at exactly 5:00 p.m. to do
the same ritual. In between, he goes away to perform his work 5 kilometers
away from the place of business of his employer where he works alone and
unsupervised. He claims holiday pay.
(a) Rufo’s claim must be denied because he is a field personnel owing to the
distance of his place of work and lack of supervision;
(b) Rufo’s work schedule and compliance with reporting rules makes it
possible for his employer to ascertain his hours worked; hence, he is
entitled to holiday pay not being a field personnel;
(c) Rufo’s work schedule is not decisive of his non-field personnel status
because, in between 8:00 a.m. and 5:00 p.m., he is the master of his time;
(d) there is a doubt generated by Rufo’s work schedule; hence, the same
should be resolved in his favor so as to entitle him to holiday pay.
6. EVALUATION MCQs.
128. Assertion (A): When a covered worker is absent on Wednesday, he would be

entitled to 1 regular holiday if and only if he reports for work on Maundy
Thursday or Good Friday.
Reason (R): To discourage workers from taking a long vacation beginning

Wednesday which is detrimental to employers’ interest.
(a) (A) is True, and (R) is the practical explanation for (A);
(b) (A) is True, but (R) is not the settled explanation for (A);
(c) (A) is False; hence, (R) is misplaced ;
(d) (A) is False but (R) could be a good explanation for (A) if it
were True.
Bonus
SYNTHESIS MCQS/EVALUATION MCQs.
129. Complaining of violation of the Principle of Non-Diminution of Benefits, the

employees of Philex Mining Co. wrote President Manny V. Pangilinan to
intervene. The latter, however, pointed out that the withheld bonuses enjoyed the
past 13 years were upon instructions of the receiver and that Philex could not do
anything. Is the principle violated?
(a) Yes. The bonuses have ripened into demandable rights;
(b) No. The bonuses are productivity incentives which can be withheld
depending on company performance;
(c) Yes. The receiver can withhold bonuses while a company is under
judicial monitoring as he attempts to resuscitate it;
(d) No. Once given and enjoyed for a considerable length of time, bonuses
cannot be unilaterally withheld.
13th Month Pay
1. KNOWLEDGE MCQs.
Mother MCQ.
130. All
A - (1) rank-n-file employees;

(2) private employees;
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who are
B - (1) earning not more than P1K per

month;
(2) land-based;
are entitled to 13th Month Pay consisting of
C - (1) 1 month salary;

(2) 1/12th of the total annual basic salary.
The coverage of the 13th Month Pay Law is:
A B C
(a) 2 1 1
(b) 1 2 1
(c) 2 2 2
(d) 1 2 2
131. Who of the following is entitled to 13th Month Pay?

(a) a family driver;
(b) a worker of a GOCC with original charter;
(c) a 1st level manager;
(d) a piece-rater.
132. “All employees in all establishments whether for profit or not” is to

Labor Standards; whereas, ____________________ is to 13th Month Pay.
(a) “all employees in the private sector”;

(b) “all minimum wage earners”;
(c) “all employees regardless of rank and salary rate”;
(d) “all land-based rank-n-file employees”.
133. Greg has been the private nurse of Katrina, a young widow suffering from acute
depression. He has also been assisting the patient’s psychiatrist the past 6
months. Is he entitled to 13th Month Pay?
(a) Yes, because he is a land-based rank-n-file employee;
(b) No, because he is a person in the personal service of another ;
(c) No, because he is a person paid on task basis;
(d) Yes, because he is the employee of the psychiatrist, not of Katrina.
4-5. ANALYSIS & SYNTHESIS MCQ.
134. Five (5) drivers of the Auto Bus, Inc. were able to enforce a favorable judgment
rendered in an illegal dismissal case they initiated against their employer.
Unable to garnish any bank account, the NLRC sheriff proceeded to auction off
one of the passenger buses of the company. The 5 drivers ended up as highest
bidders. In due time, they became owners of the said passenger bus which was
eventually issued a green plate by the Land Transportation Office after the
company replaced the unit subject of its Certificate of Public Convenience
(CPC) with a newly purchased unit. For their convenience, the 5 decided to
operate their bus as a school bus and engaged Alex to drive it. For the next 17
years, the 5 drove other passenger buses, sued their employers for illegal
32
dismissal, ended up owning auctioned buses, and engaged 11 more drivers to
service different schools. In the meantime, Alex who was receiving an average
daily salary of P500.00 reached 60 years of age after 18 years of driving. How
much retirement benefits, more or less, is Alex entitled to under Art. 287 of the
Labor Code:
(a) P202,500.00;
(b) P180,00000;
(c) P153,000.00;
(d) P135,000.00.
6. EVALUATION MCQs.
135. Rachel teaches at the College of Accountancy of the University of the

Cordilleras. She teaches 5 units daily from Monday to Friday. She also teaches
an additional 2-unit subject as a substitute on Tuesdays and Thurdays by reason
of a co-teacher taking a maternity leave.
Rachel’s extra pay for teaching on Tuesdays and Thurdays is –
A - (1) overtime pay;

(2) overload pay.
In computing her 13th Month Pay, said extra pay shall be –
B - (1) included;
(2) excluded.
The reason is that said pay is –
C - (1) part of her basic salary;

(2) not part of her basic salary.
It is safe to say that:
(a) A(2); B(2); C(2);

(b) A(1); B(2); C(2);
(c) A(2); B(1); C(1);
(d) A(1); B(1); C(1).
C
Law On Wages
1. KNOWLEDGE MCQs.
Mother MCQ.
136. A wage is a
A - (1) remuneration;
(2) renumeration;
Capable of being expressed in

B - (1) legal tender;
(2) money;
In an amount that is
C - (1) commensurate;
(2) fixed or based on result;
For work done or to be done; or
33
D - (1) services rendered or to be rendered;
(2) services contracted or to be contracted;
Including the reasonable value of

E - (1) facilities;
(2) supplements.
Under Article 97, PD 442, a wage is:
A B C D E
(a) (2) (2) (2) (1) (1);

(b) (1) (1) (1) (2) (1);
(c) (1) (2) (1) (1) (2);
(d) (1) (2) (2) (1) (1).
137. The question to ask in order to determine the facility status of

an item of expense is:
(a) Did the employer intend to deduct its value from wage?;
(b) Would the worker have necessarily spent a portion of his wage on the
item?;
(c) Is the item needed by the worker and his family?;
(d) Does the employer have a Facility Evaluation Permit?
Update: Requisites of a valid facility deduction
In order for the deduction of the value of a facility to be valid, (1) the amount
must be reasonable, (2) the facility must be customarily given; and
(a) x x x
(b) y y y
(c) z z z
(d) the workers must voluntarily accept it in writing.
(SIL Int’l Cables Specialist, et al. vs. NLRC, et al, March 2, 2011)
138. It is the money delivered to Justice Dimaampao for his MCQ

services.
(a) wage;
(b) salary;
(c) fee;
(d) pay.
139. The solidary liability of a principal to a worker whose rights have

been violated by the former’s job contractor extends to –
(a) backwages;
(b) unpaid wages;
(c) violation of safety laws;
(d) SSS coverage.
140. Nico filed a money complaint with the Office of the Labor Arbiter. Which
of the following claims can be doubled under the Double Indemnity Law?
(a) unpaid wages;
(b) unpaid 13th Month Pay;
(c) unpaid holiday pay;
(d) unpaid overtime pay.
141. The following must be settled with legal tender.
34
(a) payment for a piece of work;
(b) payment for a piece of advice;
(c) payment for appearance fee of a company lawyer;
(d) payment for the honorarium of a guest lecturer.
142. Which of the following should be considered in computing 13 th Month Pay?

(a) P350.00 daily wage;
(b) P350.00 commission;
(c) P350.00 overtime pay;
(d) P350.00 overload pay.
4. ANALYSIS MCQs.
Mother MCQ on Wage Distortion
143. A wage distortion obtains when –

A - (1) a wage order, CBA renegotiation or merger
of companies;
(2) wage law;
Eliminates or compresses the –
B - (1) wage advantage;

(2) wage rate;
Enjoyed by a ________ over another.
C - (1) wage group;

(2) more ranking worker.
In sum, there is a wage distortion in the following:

(a) A (1); B (1); C (1);
(b) A (2); B (2); C (2);
(c) A (1); B (2); C (1);
(d) A (2); B (1); C (2).
144. In 2008, Fuji had both regular and casual workers receiving different pay rates.
In 2010, all its employees became regular. Because of the uniformity in pay,
those who used to receive more complained of wage distortion and demanded
restoration of the lost wage gap. Decide.
(a) wage distortion is inter-wage group; hence, there is no wage distortion
to adjust because all of the workers are regular;
(b) the old regulars must receive more than the new regulars; hence, Fuji
should sub-classify its regular workers to avoid diminution of benefits;
(c) there is a rational basis for adopting a wage structure under which the
old regulars should be paid a higher wage rate, viz., length of service;
(d) Fuji should grant an across the board increase to the old regulars as a
measure of equity.
5. SYNTHESIS MCQs.
145. An OFW whose salaries are not paid at all, or paid at irregular intervals, may quit
his work. Thereafter, he can sue his employer for constructive dismissal because
-
(a) violation by his employer of Philippine wage law makes his continued
employment impossible;
(b) the non-payment or irregular payment of his salaries makes his
continuing employment prejudicial to him;
(c) his employer commits an inhuman and unbearable act towards him;
(d) his employer commits a crime against him under the Double Indemnity
Law.
35
146. The Labor Arbiter awards 10% attorney’s fee to Martin who sued Texas
Instruments to recover unpaid salaries and other benefits. This fee belongs to:
(a) Martin’s lawyer because he is the attorney;
(b) Martin because it is awarded to him, not to his lawyer;
(c) Martin’s lawyer because he is behind Martin’s legal success;
(d) Martin because the fee is a species of civil damages .
147. The estate of Miguel, which succeeded to his business, is insolvent and cannot
meet all outstanding obligations with its remaining assets. The unpaid creditors
are as follows: Funeraria Paz, the government, a mortgagee and Michelle who
was Miguel’s private nurse who attended to him until his death. Is it true, as
provided by Article 110 of the Labor Code, that Michelle should get paid first?
(a) No. Article 110 does not mean what it says; hence, it should be stricken
off;
(b) No. Article 110 of the Labor Code cannot amend the New Civil Code
which positions Michelle at 6th, 3rd and 2nd places only;
(c) No. The unpaid claims of the government and the mortgagee are
special preferred credits;
(d) No. Michelle can be paid ahead of Funeraria Paz whose claim is an
ordinary preferred credit but not the government and the mortgagee who
enjoy liens.
148. The following is the textual provision of Art. 110 of the Labor Code. Arrange its
parts according to their order of appearance in the Labor Code:
I - any provisions of law to the contrary
notwithstanding
II - in the event of bankruptcy or liquidation of an
employer’s business
III - his workers shall enjoy first preference as regards
their wages and other monetary claims
IV - such unpaid wages and monetary claims shall be
paid in full before claims of the government and
other creditors may be paid.
(a) I, II, III & IV;

(b) I, III, IV & II;
(c) II, III, I & IV;
(d) II, III, IV & I.
6. EVALUATION MCQs.
Mother MCQ on Art. 106 – 109 (D.O. 18-02)
149. BPL Architects, Builders & Groundpacers, which constructs buildings in

Baguio City, is:
A - (1) a job contractor;
(2) an independent contractor
Because it is substantially capitalized; works on its own account; works

independently of its clients; and uses its capital in performing or completing
its work – unless:
B - (1) it is not registered with the DOLE;

(2) it has no investment in the form of tools,
equipment, machineries or work premises;
In which case it is:
C - (1) a labor-only contractor;

(2) presumed as a labor-only contractor.
It is correct to posit as follows:
36
A B C
(a) 1 1 2;
(b) 2 2 1;
(c) 2 1 2;
(d) 1 1 1.
D
Special Groups of Workers
1. KNOWLEDGE MCQs.
Minors.
150. Under the Labor Code, a minor below ______ cannot be

employed.
A - (1) age 15;
(2) age 18;
However, under R.A. 9231 he can be employed in essential public

entertainment, or information, or advertisement; provided, that –
B - (1) his employer is his parent/s, or guardian;
(2) he is not exposed to hazardous or
deleterious conditions.
A rule in the employment of minors is:

(a) A (1); B (2);
(b) A (2); B (1);
(c) A (1); B (1);
(d) B (2); B (2).
Women.
151. Women workers are protected against discrimination by reason of their

pregnancy by the Labor Code, specifically by:
(a) Art. 135;
(b) Art. 136;
(c) Art. 137;
(d) Art. 138.
Homeworker.
152. Under D.O. 5, s. 1995, an industrial homeworker is entitled to compensation,

security of tenure, self-organization and ____________.
(a) normal hours of work;
(b) peaceful concerted activity;
(c) SSS coverage;
(d) overtime pay.
Mother MCQ on RA 7877.
153. Under the law,

1. a crime is committed in a work, education or training
environment;
2. when a priest, pastor, teacher, employer, trainor or co-
employee with moral ascendancy, influence or authority;
3. demands, requires or requests for sexual favor from
another in exchange for the following :
37
3.1. in a work environment: employment, continued employment, re-
employment or other consideration;
3.2. in an education or training environment: grade, allowance,
stipend, honors, scholarship or other consideration;
4. with the victim either accepting or rejecting the sexual advance/s;
5. resulting in his/her work, education or training environment becoming
hostile, offensive or intimidating.
The crime defined and punished is:

(a) child abuse;
(b) sexual harassment;
(c) unjust vexation;
(d) acts of lasciviousness.
Hypothetical MCQ:
Which of the following acts would potentially expose the texter to a charge for sexual
harassment?
A - (1) Teacher to his student: “Ligo U, Pass U Me!”;

- (2) Boss to his secretary: “Tuwad U, Puppy Love
Me!”;
- (3) Priest to his sacristan: “Luhod U, Tayo Me!”;
- (4) Widow to her driver: “ Bilis U, Uhaw Me!”
Why?
B - (1) because there is an implied requirement for sexual

favor in exchange for a grade;
- (2) because the boss has authority and he wants to
have dorsal sex with his secretary;
- (3) because the priest has moral ascendancy and he
wants his sacristan to perform oral sex on him;
- (4) because the widow has ascendancy over her driver
and she is sex starved already.
Answer:
(a) A (1) & B (1);

(b) A (2) & B (2);
(c) A (3) & B (3);
(d) A (4) & B (4).
Domestic Worker & Homeworker.
154. Stem: Domestic worker: Ministration; Homeworker: _____________.
Options:
(a) replication;
(b) reproduction;
(c) invention;
(d) fabrication.
Women.
155. Which of the following employment policies is valid?

(a) In the Hiring Manual of The Virgins for Christ Mission, Inc.: “Only
single women shall be hired as clerks.”;
38
(b) In the Manual for Employees of the San Pablo Seminary: “Any
female teacher who develops amorous relations with a seminarian or priest and
thereafter marries him in civil rites shall be dismissed.”;
(c) In the Code of Discipline of Jolibee: “Employees of this company shall
not marry employees of McDonalds.”;
(d) In the Book of Life of the Sisters and Workers of the Assumption: “
No kitchen girl shall marry any of the drivers of this Convent to avoid in-
house breeding. A violation of this rule shall justify outright dismissal from
service.”
Women.
156. In a case, a dismissal grounded on absenteeism is assailed for being an act of

discrimination against a pregnant woman. Medical certificates are submitted by
the woman to justify her absences. She was then pregnant and had to have
medical check-ups for which she was issued corresponding medical certificates.
However, the dates of her absences and those appearing on said certificates have
discrepancies. Would you dismiss her complaint?
(a) Yes. Her absences constitute serious misconduct; hence,
she could be dismissed;
(b) Yes. Her unexplained absences amount to gross and
habitual neglect of duty, a just cause for dismissal;
(c) No. Her absences are all pregnancy-related; hence, she
was discriminated against by reason of her pregnancy;
(d) No. Her evidence generates a doubt; hence, the same
shall be resolved in her favor.
3. ANALYSIS MCQs.
Women.
157. Which of the following does NOT constitute sexual harassment:
(a) After her job interview by the manager, a pretty applicant named Mandy
was asked by a male co-applicant “Do you have a boyfriend?”. She replied “I am
engaged to Piolo Pascual.” Then he said “You’re cute. Does he perform like a
stallion?”. She answered “He is a saint.” Overhearing this conversation, the
manager approached her and said “You are qualified. Would you follow me
inside my office so I may explain the terms of your employment contract before
you sign it?” Once the applicant was inside said office, the manager played
his DVD copy of Dr. Hayden Kho and Katrina Halili having sex for her to
watch.
(b) During a basketball practice at the St. Luke’s University, the coach approached
one of the lady players named Abegail and told her “Making 3 points is an art.”
While looking between her legs, he continued “Imagine you are the ring and I am
the ball. You will hold me tight. Sometimes you will press me against your
mouth. Sometimes you will hold me in front of your womanhood. If you do not
want a steal, you will have to put me between your legs. Do not dribble a lot.
Just stay on top of the situation. When shooting, put your imagination to use.
Lubricate that ring with your thoughts of a slippery hole. Then release me.”
Having said that, he held her on her waist. Then looking at her beautiful face
like a drooling German shepherd , he wet his lips with his tongue and said “I will
make you the team captain if you practise that technique on me in a Victoria
court. ”
(c) During recitation in Social Legislation, the instructor asked a virgin student this
question “Before your journey into this 2-hour recitation, I’d like you to satisfy
my curious mind first. I’ve been told by your classmate Naira that you are a
virgin from birth. Is this true?” The student named Diva blushed like a fresh
cherry and was silent for the next 15 seconds. “Ah, silence means yes”, the
instructor said in a seductive tone. While looking at another beautiful student, he
spoke these words for Diva to hear “Don’t you know that virginity causes
39
insanity?” The other student signaled to Diva to sit down and let her deal with
the instructor. She then said “Sir, first of all I am not insane. I believe Diva has
not even experienced puppy love.” Upon hearing this, the naughty instructor
asked her “By puppy love, do you mean dog style love?” She replied “Sir, I will
give you a perfect performance evaluation if you give me puppy love.”
(d) Told that the cessation of her employment was by reason of failure to qualify, a
probationary employee asked why she was not accorded due process. Her
superior told her that there was no need for notices because she was apprised of
the standards for regularization upon her engagement, and that her receipt of the
company rules performed the function of due process. She asked her superior
what she could do in order to keep her job. The latter said there was nothing she
could do to stay. But at 6.30 p.m. that day, he texted her. The following is the
exchange of text messages between the two:
09219778333 - Hi
09165995537 - Hu u?
09219778333 - RG
09165995537 - Sir Ronnie? Hi 2. Wats up?
09219778333 - Nothing rili. Jst rmemberd ur prblm.
8’s the cnsequenc of that 2007 PDI
ruling. R u ok dr? Y don’t we go 2 dinr
2 tok abt 8?
09165995537 - Am nt sur, sir. My bf myt aryv
anytym nw.
09219778333 - I jst realyzd I cn actualy do smting
abt ur pr4manc evaluation
rating. I cn rctify 8 so dat u cn b
rgularizd.
09165995537 - Rili? Wl u do dat 4 me, sir?
09219778333 - Sur. Drs a new motel alng mrcos hi-
way. My frnd rhanie rama
2ld me it’s a gud place. Its cald
holywud. I’l fetz u @ 7.30, k?
09165995537 - K, lovr boy. Rili rili nid my job. C ya.
ummmwah!!!
4. SYNTHESIS MCQs.
Minors.
158. Karla was born on 12 February 1989. Tall and well endowed for her age, she
would physically freeze when sensing danger tho. On 20 January 2009, her
swimming instructor followed her inside the dressing room. He told her “Your
pubic hair is protruding. We have to shave it.” He then slowly pulled the towel
wrapped around Karla’s tender body. Instead of shaving her, he started doing
lip service to her maidenhood. He did not stop there. He also removed her bra
and started nibbling on her twin peaks. While doing this, he told her that
boyfriends and girlfriends did what they were doing. He did not stop there. He
took her hand and put it on his manhood and told her “If your boyfriend does
this to you, tell him not to enter you.” Then he left Karla. The following day,
she had to see him in order to return a book she had borrowed from him. On that
occasion, she told him that she was very disturbed by what he did to her the day
before. He said “Kiss my lips and your trouble will fly away, never to return
anymore. It will be like a sour note. Struck, it escapes to thin air forever.”
Then he pulled her young body against his’ and kissed her lips. What offense
was committed by the swimming instructor? Explain by assembling maximum
of 5 from the following phrases and sentences.
1. the swimming instructor committed sexual harassment

2. the swimming instructor committed child abuse
3. by a person with moral ascendancy, influence or authority over another
4. sexual harassment is committed in a work, education or training environment
40
5. the offender performs sexual intercourse or acts of lasciviousness
6. the offended party is less than 18 years of age
7. such demand , request or requirement may be rejected or accepted
8. he/she is engaged in prostitution or is subjected to abuse
9. who demands, requests or requires sexual favor
10. the offender offers employment, continued employment, re-employment or
other consideration in exchange for such favor
11. or promises grade, allowance, stipend, honors, scholarship or other
consideration
12. child abuse is committed when
13. however, even if the victim is more than 18 years of age, child abuse may
still be committed if, as in this case of Karla who is 19, he/ she is
incapable of full self-protection
14. its result is a work, education or training environment that becomes hostile,
offensive or intimidating, especially in the event of a rejection
The correct answer is:

(a) 2 - 12 – 6 – 8 – 5;
(b) 1 - 4 - 3 - 9 - 7;
(c) 2 - 12 – 10 – 5 - 11;
(d) 1 - 4 - 3 - 6 - 14;
Domectic Worker.
159. Lorna, an OFW domestic worker, was illegally repatriated. She should be
awarded (salaries; indemnity; both). Justify.
(a) salaries because Sec. 10, R.A. 8042, as amended, requires this relief;
(b) indemnity because Art. 149, P.D. 442, requires this relief;
(c) both because P.D. 442 requires these twin reliefs;
(d) both for violation of security of tenure as to the salaries, and violation of
contract as to the indemnity.
5. EVALUATION MCQs.
Women.
160. In his class in Labor Standards Law, Bee Gee Kei observed that one of his female
students was always eating. He suspected that she must have been conceived
during the time the movie “Anaconda” was being shown. In order to stop her
eating habit, Bee Gee Kei made it a point to require his student to recite every
meeting. One day, before class could start, he spotted her buying food again
from the school store. He approached her and warned her as follows: “ Kung
kakain ka, kakainin kita!” Immediately, she ran to the Office of the Law Dean
and complained of sexual harassment. The Dean should -
(a) disregard the complaint for being baseless, there being no
demand, request or requirement for sexual favor;
(b) require explanation from Bee Gee Kei and personally resolve the case
thereafter;
(c) refer the complaint to the school’s Committee on Decorum and
Investigation;
(d) require the student to explain why she should not be expelled for
bringing a baseless complaint against an innocent professor.
E
Labor Procedure
(Articles 128 & 129)
1. KNOWLEDGE MCQs.
Mother MCQ on Jurisdiction.
41
161. The
A - (1) Regional Director;
(2) Labor Arbiter;
Has jurisdiction over an aggregate individual money claim not

exceeding P5,000.00 if said claim
B - (1) has a reasonable causal connection to

employer-employee relationship;
- (2) is between an employer and an employee;
Provided, the money issue brought is resolvable by

C - (1) reference to Labor laws, like Art. 100, PD
442;
(2) reference to the evidence, like a contract.
The Regional Director’s jurisdiction over a worker’s money

claim, therefore, is determined as follows:
A B C
(a) 1 1 1;
(b) 1 1 2;
(c) 1 2 1;
(d) 2 1 2.
162. It is the power granted to the DOLE Regional Director under

Art. 128, PD 442.
(a) enforcement power;
(b) adjudicatory power;
(c) closure power;
(d) suspension power.
163. The DOLE RD’s visitorial and enforcement powers may be distinguished as
follows:
Visitorial Power Adjudicatory Power
1. Extent Money claims, and health & Money claims only

satefy issues
2. P5,000 Not applicable Applicable
3. Closure or Can be ordered Cannot be ordered
suspension
4. Appeal DOLE Sec. (10 days) NLRC (5 days)
5. Appeal Bond Not available Available
(motion to reduce)
(a) 1, 2, 3, 4 & 5 are CORRECT;

(b) 1, 2, 3 & 4 are CORRECT; 5 is INCORRECT;
(c) 1, 2 & 4 are CORRECT; 3 & 5 are INCORRECT;
(d) 1, 2, 4 & 5 are CORRECT; 3 is INCORRECT.
164. The DOLE RD may be ousted of his visitorial power by:

(a) showing loss of employer-employee relationship any time after he
has acquired jurisdiction;
(b) raising issues supported by documentary evidence which were
not considered during summary inspection;
42
(c) pointing out that the individual aggregate money claim exceeds
P5,000.00;
(d) showing that no formal complaint was filed.
165. In the event an employer appealing a decision rendered by either the Labor
Arbiter or the Regional Director exercising adjudicatory power has no
sufficient money with which to post as appeal bond -
(a) he can perfect his appeal by submitting a motion to reduce the
appeal bond which motion must be accompanied with a
reasonable bond;
(b) he can still file his appeal by submitting a motion to reduce the
appeal bond which motion must be accompanied with a reasonable bond;
(c) he can move for extension of time to perfect his appeal;
(d) he can move for exemption from posting appeal bond in the interest of
substantial justice.
166. An employer disadvantaged by a compliance order issued by the Regional

Director exercising visitorial power can dodge compliance by -
(a) appealing within 10 days to the DOLE Secretary;
(b) raising issues supported by documentary proof which the
representatives of the Regional Director failed to consider during
summary inspection;
(c) questioning jurisdiction due to loss of employer-employee
relationship following assumption of jurisdiction;
(d) questioning jurisdiction due to lack of a complaint.
Note: How to oust RD of jurisdiction based on issues.

First: Employer must contest the findings of the RD’s inspectors.
The following are not considered acts of contesting: (a) motion
to dismiss for lack of jurisdiction; (b) serious disagreement.
Second: The documentary proof is unverifiable in the course of

summary inspection. The following are verifiable: (a) payroll sheets;
(b) BIR forms; (c) other documents an employer is required to keep.
But facts upon which proper interpretation of a wage order can be made
are unverifiable.
3. ANALYSIS MCQs.
167. The DENR ordered the closure of the Baguio Gold Mining Co. due to its
violation of anti-pollution laws. As a consequence, its miners could not
work and lost their wages as a result. Is the company under obligation to restore
their lost wages under Art. 128, PD 442?
(a) Yes, because the closure and consequent loss of wages can be
attributed to the fault of the company;
(b) No, because the closure must be ordered by the DOLE Regional
Director for the obligation to restore lost wages to attach;
(c) Yes, because the obligation to compensate for losses can be
compelled outside PD 442;
(d) No, because what the law does not include (DENR) is deemed
excluded.
168. Visitorial power is exercisable over establishments, not over

particular workers. Therefore,
(a) the DOLE RD need not receive a verified complaint to exercise it;
(b) workers adversely affected by his decision need not appeal as the same is
automatically deemed appealed;
(c) less than all of the affected workers may verify their appeal from his
decision;
43
(d) a decision according relief to all affected workers, including those who
did not appeal, is proper.
Note: If RD issues an order referring a case to the LA for lack of jurisdiction,

his order does not dispose the case on the merits; hence, res judicata does not
result even if the order exceeds 10 days.
PART FOUR
SOCIAL LEGISLATION
KNOWLEDGE MCQs.
Mother MCQ on SSS.
169. The State shall evolve, develop, perfect and promote a Social Security System
that is –
A - (1) sound, viable and tax-exempt;
(2) self-reliant; responsive and equitable;
In order to promote social justice and ________
B - (1) the protection of members and their
dependents;
(2) as police power measure to safeguard
workers;
Against the hazards of –
C - (1) maternity and other contingencies;
(2) paternity and other contingencies;
Resulting in loss of income or _______.
D - (1) financial burden;
(2) impairment of earning capacity.
In other words, the following is the policy of the Social Security Act of
1997:
(a) A (1); B ( 1); C (2); D (2);
(b) A (2); B ( 2); C (2); D ( 1;
(c) A (2); B ( 1); C (1); D (2);
(d) A (1); B ( 1); C (1); D (1).
170. SSS coverage is compulsory as to the following, save:

(a) employers;
(b) employees who are not over 60 years old;
(c) self-employed and domestic workers earning not less
than P1,000.00 per month;
(d) employees of foreign governments and international
organizations.
COMPREHENSION MCQs.
171. Some of the following propositions are True, while the others are False.
1. Purely casual employees are covered by the SSS;

2. R.A. 7877 is a social legislation;
3. R.A. 8282 is a penal law;
4. Social legislation applies only when there is employer-employee relationship;
5. Land reform is broader than agrarian reform;
6. Just compensation is the same as disturbance compensation;
7. A worker under compulsory SSS coverage can refuse the deduction of his
contribution from his salary;
8. Sickness benefits are in the nature of income replacement; therefore, they
are subject to income tax;
9. The SSS can invest the Reserved Fund in GOCCs in order to earn income;
44
10. A rape victim will likely become a solo parent if the crime results in her
pregnancy, as long as her rapist is convicted of rape by final judgment.
Which group of propositions includes all the False ones:

(a) 2 - 3 - 6 - 7 - 8 - 9 - 10;
(b) 1 - 2 - 3 - 4 - 5 - 6 - 7;
(c) 1 - 4 - 6 - 7 - 8 - 9 - 10;
(d) 4 - 5 - 6 - 7 - 8 - 9 - 10.
ANALYSIS MCQs.
172. Riza writes a column on women’s rights for Manila Bulletin (MB) under its
Lifestyle Section. She is required to submit her articles 3 days before
publication. MB has the right to shorten her articles, not to mention that it can
reject some of her articles, like one entitled “Of Priests, Guns and Convent Girls:
Where Have All the Good Priests Gone?” Riza also writes for other national
papers, not to mention that she works for several women’s groups for
compensation. Is the MB required to report Riza for SSS coverage?
(a) No. Riza is not economically dependent on MB; hence, no

employer-employee relationship exists between them;
(b) Yes. Riza is under the control of MB; hence, there exists
employer-employee relationship between them;
(c) No. Riza is purely casual because her work is not necessary or
desirable to the usual trade of MB;
(d) Yes. MB is economically dependent on Riza because if she does not
write articles for MB then its circulation would be affected.
SYNTHESIS MCQs.
173. Who of the following may be covered by the SSS thru an

administrative agreement?
(a) employees of the International Manpower Services;
(b) employees of a German GOCC registered under German
private law ;
(c) employees of the US Embassy;
(d) employees of a foreign vessel hired while said vessel is in
international waters.
174. Which of the following claims of a worker compulsorily covered

by the SSS can be validly denied on the ground of intoxication?
(a) sickness benefits;
(b) maternity benefits;
(c) death benefits;
(d) cash income benefit.
175. Today is 21 January 2010. Ruffa Mae is sick and needs confinement at a hospital
for 15 days. Her sick leaves under the CBA have been exhausted. Her
employment record shows: (1) that her highest monthly salaries are as
follows: December 2008 – P16,000.00; January 2009 – P15,000.00; February
2009 – P13,500.00; March 2009 – P14,500.00; June 2009 – P14,000.00; July
2009 – P15,000.00; August 2009 – P15,500.00; and October 2009 –
P15,000.00. (2) that she has paid 4 monthly contributions between January 2009
and December 2009. If her actual period of confinement is maximum of
fifteen (15) days, she would be entitled to sickness benefits of so much.
The amount can be arrived at as follows:
(a) i. add the 6 highest monthly credits during the 12-month period
immediately preceding the semester of contingency;
ii. divide their sum by 180 days to arrive at Average Daily Rate (ADR);
iii. multiply the ADR by 90%;
iv. multiply the result by 15 days.
45
(b) i. select the highest monthly salary during the 12-month
period immediately preceding the semester of
contingency;
ii. divide it by 30 days to get the ADR;
(c) i. get the average of the 6 highest monthly salaries during the 12-month
period immediately preceding the semester of contingency;
ii. divide the sum by 180 days to arrive at the ADR;
iv. multiply the result by 15 days;
(d) i. get the average of all the salaries earned during the year
immediately preceding the semester of contingency;
ii. divide the sum by 365 days to arrive at the ADR;
EVALUATION MCQs.
176. Piolo sells goods, articles and materials to Pasky for the latter to process or
fabricate into farm tools at home. If Piolo is satisfied with the craftsmanship of
Pasky, he pays for the finished products; otherwise, Pasky has to redo them
hoping Piolo would buy them. Is Piolo under obligation to report Pasky for SSS
coverage?
(a) Yes, because Pasky is the homeworker of Piolo who is required by
D.O. 5, s. 1995 to report the former for SSS coverage;
(b) No, because Pasky is a businessman in his own right who buys
raw materials from and sells finished products to Piolo;
(c) Yes, because it is uncertain whether there is employer- employee
relationship between Piolo and Pasky; hence, RA 8282 should be construed in
favor of Pasky;
(d) No, because Piolo does not control Pasky’s means and methods;
hence, he is not Pasky’s employer.
Version 1
177. Victor, an SSS member, separated from his legal wife Suzan with whom he had
a child named Cesar who died when he was 4 years old. His wife cohabited with
Henry, while he cohabited with Suzie and then with Sugar. With Suzie, he had 2
children named Aldrin and Alfred. With Sugar, he fathered Byron and
Brenda. Victor died and death benefits were claimed right after his
interment as follows:
1. By Suzan who claimed that she was the legal spouse of
Victor;
2. By Suzie , with her 2 children (now 22 and 24), who
produced a marriage contract between her and Victor; and
3. Byron and Brenda, 15 and 17 years old, respectively,
claiming that they were the illegitimate children of Victor,
who were un-employed and unmarried.
Who is/are qualified to get the death benefits?
(a) Suzan because she is the legal spouse of Victor;

(b) Suzie because she contracted marriage with Victor, the same not having
been nullified yet;
46
(c) Aldrin and Aldred because they are illegitimate children of Victor, of
legal age and can sign SSS claim documents, unmarried, and
unemployed;
(d) Byron and Brenda because they are illegitimate children
of Victor, below 21, unmarried and unemployed.
Version 2.
178. Francisco, married to Francisca with whom he had a child who died at age 2,
was an SSS member. After his wife eloped with Franco, he contracted marriage
with Frances in Maguindanao by bribing the Civil Registrar and the officiating
judge. With her, he fathered 2 children named Fran Fran and Ces Ces, now 22
and 24 years old respectively. Not to be outdone by his wife, he took in a
second paramour Fran Marie with whom he fathered 2 children named Francisco,
Jr. and Marie France. Before he could father a child with his third paramour, he
died of a heart attack. Who is entitled to death benefits?
(a) Francisca because she is the legitimate spouse who became a
widow and who has not re-married;
(b) Frances because although their marriage is void, it remains valid
until annulled;
(c) Fran Marie because, although a live-in partner, she was the one who
lived with and was dependent on Francisco at the time of his death;
(d) Any of the other children of Francisco as long as they are under
21, unmarried and unemployed at the time of his death.
179. In case of sickness or disability, an employee under compulsory SSS coverage is

entitled to additional and separate Employees Compensation (EC) benefits.
Save for one (which must be encircled), the following are such additional
benefits:
(a) Medical assistance;
(b) Rehabilitation assistance;
(c) Cash income benefit;
(d) Survival allowance.
GSIS & Employees Compensation Act
KNOWLEDGE MCQ: Mother MCQ
180. Death or disability arising from disease is compensable if –

A - (1) there is proof of reasonable work
connection;
(2) the disease is listed in Annex “A”, ECA;
Even if not an occupational disease, the resulting death or

disability is compensable if -
B - (1) work connection is established with
substantial evidence;
(2) it is difficult to establish work connection;
Likewise, death or disability arising from injury is compensable if

the contingency occurs –
C - (1) at the workplace of the member, while he is
performing his work;
(2) anywhere, while the member is performing
part of his work;
Even if the contingency occurs outside the workplace of the

member, his resulting death or disability would still be
compensable if –
47
D - (1) there is a reasonable connection between his
absence from his place of work and his
presence at the place of contingency;
(2) he is going to, or coming from his work.
In other words, compensation for death or disability arising from

disease or injury is required in the following:
A B C D
(a) 1 1 1 1
(b) 1 2 1 2
(c) 2 2 2 2
(d) 2 1 2 1
ECA
181. Submissions:
1. SSS benefits are provided by R.A. 8282; whereas, EC

benefits are provided by P.D. 442;
2. the basis of SSS benefits is employer-employee
relationship; whereas, the basis of EC benefits is
work-connection;
3. SSS contributions are paid for by both employer and
employee; whereas, EC contributions are paid for by the
employer only;
4. SSS claims can be denied for reasons that reportorial and other
preconditions have not been complied with; whereas, EC claims can be
denied on grounds of drunkenness; willful intent to injure or kill oneself or
another; and notoriousness negligence.
It is correct to posit that -
(a) 1, 2, 3 and 4 are True;

(b) 1, 2 and 3 are True; whereas, 4 is False;
(c) 4, 3 and 2 are True; whereas, 1 is False;
(d) 4, 3, 2 and 1 are false.
APPLICATION, ANALYSIS & EVALUATION MCQs.
182. Nitura, a soldier, was dispatched by his commander to locate his fellow soldiers.
He had to cross a wooden bridge to reach a town adjoining the town where his
detachment had encamped. On his way back to camp, he fell off the same
bridge and died. A death claim was filed but the GSIS denied it because his
death occurred outside his place of work. Decide.
(a) I will reverse the GSIS because a soldier is deemed on 24-hour duty,
unless on official leave at the time of his death;
(b) I will reverse the GSIS because Nitura was under instruction by his
commander to travel outside his place of work;
(c) I will reverse the GSIS because the policy of social legislation is to give
compensation;
(d) I will reverse the GSIS because there is a reasonable connection between
the absence of Nitura from his assigned workplace and his presence at
the place of his death.
48
183. De la Rea, a soldier on approved leave, was shot with a .45 caliber upon alighting
a passenger jeepney. His widow filed a death claim which the GSIS denied.
Decide.
(a) I will sustain the GSIS because the 24-hour duty rule
does not apply when a soldier is on official leave;
(b) I will sustain the GSIS if De la Rea really died of the
gunshot, not of other causes;
(c) I will reverse the GSIS on condition that all the
documentary requirements have been complied with;
(d) I will reverse the GSIS in view of the Utmost Liberality
Rule which favors compensation.
184. Rogrin, an intelligence officer, received a mission order from his superior to
mobilize his men to arrest certain criminal elements on Kennon Road, Baguio
City. On their way to said place, he received reliable information that the
criminals had relocated to Green Valley, Tuba, Benguet. He then changed route
via the Lexber Heights Subdivision. At one of the gates of said subdivision,
Rorgrin had an encounter with a security guard who shot him to death. A death
claim was filed. It was denied by the GSIS because Rogrin died outside the place
stated in his mission order. Why should the GSIS be reversed?
(a) the policy of social legislation is to compensate; hence, the Utmost
Liberality Rule should be applied;
(b) the policy of the law is to protect all workers; hence, the Liberal
Interpretation Rule should be applied;
(c) Section 3, Article XIII of the Constitution does not distinguish between
workers in the private and public sectors; hence, the Full Protection
Clause should be applied;
(d) the 24-hour Duty Rule applies to Rogrin; hence, the death claim
should be allowed.
Limited Portability Law
KNOWLEDGE MCQ: Mother MCQ.
186. Under the Limited Portability Law, which of the following is deemed portable?
A - (1) contributions;
(2) creditable service;
(3) both;
Portability means –
B - (1) a member brings with him his contributions
from one system to another;
(2) a member brings with him his creditable
service from system to another;
(3) both;
Or if employed in both systems, his contributions and creditable

service in both systems are –
C - (1) totalized;
(2) tacked;
(3) commuted;
But only if –
D - (1) he is not entitled to retirement, survivorship,
disability and other benefits due to lack of
length of service in the system under which
he claims;
(2) the contingency occurs before his transfer
from one system to another;
49
(3) the system which owes him certain benefits
lacks funds.
In other words, totalization and/or tacking of creditable service

operates as follows:
A B C D
(a) 1 1 1 1;
(b) 2 2 2 2;
(c) 3 3 2 1;
(d) 3 3 1 3.
APPLICATION, ANALYSIS, EVALUATION MCQ.
187. In 1963, Gamogamo joined the DOH as a Dental Aid. In 1967, he was appointed
Dentist I. After 14 years, he resigned to join Luseveco, a private company.
Later. Luseveco was absorbed by PNOC. Subsequently, the latter offered a
retrenchment package consisting of 2 months salary for every year of service.
Gamogamo applied for retrenchment but his application was denied. So he
continued working until he retired. He was paid retirement benefits consisting of
1 month salary for every year of service. While in retirement, he found out that 2
of his former co-employees were retrenched and paid 2 months salary for every
year of service. He sued for additional retirement benefits invoking the
totalization law, i.e., he wanted his years of service with GSIS and SSS to be
combined and to be multiplied by 2 months salary. Decide.
(a) his claim should be denied because he was able to claim retirement
benefits from PNOC;
(b) his claim should be denied because he would have been entitled to
certain GSIS benefits in view of his 14 years of service;
(c) his claim should be denied because he waived totalization when he
accepted his retirement benefits from PNOC;
(d) his claim should be denied because whatever claim he had under the
GSIS has prescribed already.
50

Which of The Following Mcqs Is Wrongly Answered?: Removal Exam in Labor Law 1

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Which of The Following Mcqs Is Wrongly Answered?: Removal Exam in Labor Law 1

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REMOVAL EXAM IN LABOR LAW 1

WHICH OF THE FOLLOWING MCQs IS WRONGLY

001. The principles underlying PD 442 are the following:

1. Tripartism in national policy-making;

True (T) or False (F):

002. The implementing rule for Book V of P.D. 442 is:

003. Which of the following is a penal provision of P.D. 442?

(a) Art. 135;

004. Should Article 4 of P.D. 442 be so liberally interpreted as well as

005. Of the following, whose employment is governed by P.D. 442 in

TYPES OF LABOR LAW & RELATED CONCEPTS

001. It is the fourth type of Labor Law.

(d) Art. 110 and Art. 128, P.D. 442.

006. Which of the following is a post employment relief?

Ans. (c) Meaning - backwages, a LRL relief.

007. We observe these principles in this jurisdiction:

2. Workplace democracy and refocused unionism. The need for business

3. Productivity. Wage rates should be based on productivity. For a country

4. Labor education. Through education, workers will know what their

These principles are known as:

(a) the fundamental labor relations principles;

Ans. (c) Prof. C. Azucena

Ans. (a) (Art. 277, PD 442)

010. What is labor-management relations as an inter-party relationship?

Ans. (a) Prof. C. Azucena

POSTULATES IN LABOR STANDARDS LAW.

(Answers are underscored)

002. The State shall afford full protection to labor because:

004. Social justice authorizes neither ______ nor ______ of an employer.

007. What is the Principle of Tripartism?

The policy of balanced representation in which the government, employers and

Ans. (a). Also in the composition of wage boards.

008. Due process is giving people their ________.

Ans. (a) CAVEAT! GRAMMAR, CRAZY QUESTIONS.

009. Is employer-employee relationship a precondition for applying PD 442?

010. What is the best characteristic of employer-employer relationship?

001. Footnote the following submission:

A - See Sec. 8, Art. III, Constitution;

Sec. 3, Art. XIII

(Answers are underscored.)

001. It is the core provision of the Constitution on labor.

005. Which of the following is an individual right of a worker?

007. Labor in a particular establishment is organized when –

008. An establishment is organized when –

Note: Which of the following agreements is legally feasible?

011. Which of the following is a constitutionally guaranteed right?

012. Participation is the same as ___________.

The most logical purpose of the exercise of management prerogatives is:

014. The Principle of Shared-Responsibility translates best as follows:

016. A worker must be fully employed in order to avoid his being –

017. A draft document entitled “Manual for Employees” is a code of discipline

018. Stem: Security of tenure: Just or authorized cause.

020. A CBA violates the equality of employment opportunities guaranty of the

021. Piolo is a worker. Therefore,

Thus, there is compliance with the Equal Protection Clause in:

027. Non-compliance with prescribed pre-termination procedure does not render a

(a) do a straight computation based on the Serrano ruling, supporting your

031. The constitutionality of Art. 245, P.D. 442, which disqualifies

I agree for the following reason:

032. The New Constitution, in Article II, particularly

Lays down policies on

036. One is fully employed if –

(a) does not guaranty full respect for human rights;

004. Social justice authorizes neither nor of an employer.