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2011 BAR QUESTIONS SET A

20. Is it correct to say that under Philippine law a househelper has no right to

security of tenure

A. No, since a househelper can dismissed onl !or "us# cause or$hen his a%reed period o! emplomen# ends.B. Yes, since it is the employer who determines the period of his service.C. Yes, since a househelper can be dismissed with or without ust cause.!. "o, since a househelper can be dismissed only for ust cause, e#cept whenhe has been employed for a de$nite period not e#ceeding one year.

2%. In the case of a househelper, reinstatement is not a statutory relief for unust

dismissal because of the con$dentiality of his&her ob. Instead, the househelper shall

be paid'

A. An indemni# e&ui'alen# #o 1( das pa plus compensa#ionalread earned.B. ( separation pay e)uivalent to one month*s pay per year of service.C. ( separation pay e)uivalent to one+half month*s pay per year of service.!. - days pay as indemnity plus wages lost from dismissal to $nality of

decision.

2. In a wor/+related environment, se#ual harassment is committed when

(. he o1ender has authority, inuence, or moral ascendancy over hissubordinate victim.

B. The 'ic#im)s con#inued emplomen# is condi#ioned on se*ual !a'or!rom her.

C. he female victim grants the demand for se#ual favor against her will.!. he victim is not hired because she turned down the demand for se#ual

favor.

%3. 4elissa, a co1ee shop wor/er of - months, re)uested her employer for - days*leave with pay to attend to the case that she $led against her husband for physicalassault two wee/s earlier. 4ay the employer deny her re)uest for leave with pay5

(. Yes, the reason being personal, approval depends on the employer*s

discretion and is without pay.B. No, as 'ic#im o! phsical 'iolence o! her hus+and, she is en#i#led#o ( das paid lea'e #o a##end #o her ac#ion a%ains# him.C. "o, the employer must grant the re)uest but the leave will be without pay.!. Yes, since she is not yet a permanent employee.

%. 6uiel, a househelper in the 7ilson household since 2008, resigned from his obfor several reasons. 9ne reason was the daily 2+hour wor/day without any rest day.

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7hen he left his ob he had unpaid wages totaling P%,-00 which his employerrefused to pay. :e wants to claim this amount though he is not interested in gettingbac/ his ob. 7here should he $le his claim5

(. :e should $le his claim with the !;7!, which will eventually endorse it tothe right agency.

B. ;ince he has no interest in reinstatement, he can $le his claim with the9abor.. -e should le his claim e*ceedin% /(,000 $i#h #he Oce o! #hea+or Ar+i#ers, #he re%ional ar+i#ra#ors represen#in% #he NR.!. :e should to the ?mployee*s Compensation Commission.

@. o avail himself of paternity leave with pay, when must the male employee $lehis application for leave5

(. 7ithin one wee/ from the e#pected date of delivery by the wife.B. "ot later than one wee/ after his wife*s delivery or miscarriage.. i#hin a reasona+le #ime !rom #he e*pec#ed deli'er da#e o! his

$i!e.!. 7hen a physician has already ascertained the date the wife will give birth.

@%. 7hich of the following is "9 a re)uisite for entitlement to paternity leave5(. he employee is cohabiting with his wife when she gave birth or had a

miscarriage.B. The emploee is a re%ular or permanen# emploee.C. he wife has given birth or su1ered a miscarriage.!. he employee is lawfully married to his wife.

@-. 9f the four de$nitions below, which one does "9 $t the de$nition of Asoloparent under the ;olo Parents 7elfare (ct5

(. ;olo parenthood while the other parent serves sentence for at least oneyear.

B. ( woman who gives birth as a result of rape.C. ;olo parenthood due to death of spouse.3.Solo paren#hood $here #he spouse le!# !or a+road and !ails #o %i'esuppor# !or more #han a ear.

@. ( handicapped wor/er may be hired as apprentice or learner, provided'(. :e waives any claim to legal minimum wage.B. :is wor/ is limited to apprenticeable ob suitable to a handicapped wor/er.. -e does no# impede "o+ per!ormance in #he opera#ion !or $hich he

is hired.!. :e does not demand regular status as an employee.

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parents which is a few bloc/s away from :*s house. 7hich of the followingstatements is most accurate5

(. Paternity leave shall be denied because it does not cover aborted babies.B. Paternity leave shall be denied because 7 is with her parentsC. 4aternity leave shall be denied because it does not cover aborted babies.!. 4aternity leave shall be denied because grant of paternity leave bars

claim for maternity leave.

%. 7hich of the following is not a privilege of a person with disability under the4agna Carta for disable persons5

(. (t least 20J discount on purchase of medicines in all drugstoresB. Free transportation in public railwaysC. ?ducational assistance in public and private schools though scholarship

grants!. ( and C

8@. 7hich of the following statements is the most accurate5

(. !omestic helpers with monthly income of at least P%,000 are compulsorymembers of the ;;; >awB. :ouse helpers with monthly income of at least P2,000 are compulsorymembers of the ;;; >aw.C. !omestic helpers, -- years of age and who wor/ed for at least - years, arecovered by the =etirement Pay >aw under optional retirement, in the absenceof a CB(.!. !omestic helpers in the personal service of another are not entitled to %th

month pay.

2. 7hat is the nature of employment of househelpers5

(. ;easonalB. Fi#ed+termC. =egular!. Probationary

ESSA6 T6/E

K.he wee/ly wor/ schedule of a driver is as follows' 4onday, 7ednesday, Friday Ldrive the family car to bring and fetch the children to and from school. uesday,

hursday, ;aturday Ldrive the family van to fetch merchandise from suppliers anddeliver the same to a bouti)ue in a mall owned by the family.

aM Is the driver a house helper5 N-JM

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(fter $ve N-M years under this arrangement, the company $nally severed all

employment relations with (lbert he was declared fully retired in a $tting ceremony

but the company did not give him any further retirement bene$ts. (lbert thought

this treatment unfair as he had rendered full service at his usual hours in the past

$ve N-M years. hus, he $led a complaint for the allowances that were not paid to

him, and for retirement bene$ts for his additional $ve N-M wor/ing years, basedeither on the companyOs =etirement Plan or the =etirement Pay >aw, whichever is

applicable.

N(M (fter (lbertOs retirement at age 8-, should he be considered a regular employee

entitled to all his previous salaries and bene$ts when the company allowed him to

continue wor/ing5 N@JM

NBM Is he entitled to additional retirement bene$ts for the additional service he

rendered after age 8-5 N@JM

.

For ten N0M separate but consecutive yearly contracts, Cesar has been deployed as

an able+bodied seaman by 4eritt ;hipping, through its local agent, (ce 4aritime

;ervices NagencyM, in accordance with the 2000 Philippine 9verseas ?mployment

(dministration ;tandard ?mployment Contract N2000 P9?(+;?CM. CesarOs

employment was also covered by a CB( between the union, (49;l.HP, and 4eritt;hipping. Both the 2000 P9?(+;?C and the CB( commonly provide the same mode

and procedures for claiming disability bene$ts. CesarOs last contract Nfor nine

monthsM e#pired on Huly -, 20%.

Cesar disembar/ed from the vessel 4&K ;even ;eas on Huly 8, 20%as a seaman on

Q$nished contractQ. :e immediately reported to the agency and complained that he

had been e#periencing spells of diGGiness, nausea, general wea/ness, and di

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dismissal and the payment of total permanent disability bene$ts against the agency

and its principal.

(ssume that you are the >abor (rbiter deciding the case. Identify the facts and

issues you would consider material in resolving the illegal dismissal and disability

complaint. ?#plain your choices and their materiality, and resolve the case. N3JM

4UTI/E -OIE QUESTIONS

KII. he minimum wage prescribed by law for persons with disability is SSSSSSSSSS.

NJM

N(M -0J of the applicable minimum wageNBM -J of the applicable minimum wage

NCM 00J of the applicable minimum wageN!M the wage that the parties agree upon, depending on the capability of thedisabled.

N?M the wage that the parties agree upon, depending on the capability of thedisabled, but not less than -0J of the applicable minimum wage

KIII. 7hat is the $nancial incentive, if any, granted by law to ;P6 Earments whose

cutters and sewers in its garments+for+e#port operations are30J sta1ed by deaf and

deaf+mute wor/ers5 NJM

N(M (dditional deduction from its gross income e)uivalent to 2-J of amount

paid as salaries to persons with disability.NBM (dditional deduction from its gross income e)uivalent to -0J of the directcosts of the construction of facilities for the use of persons with disability.NCM (dditional deduction from its net ta#able income e)uivalent to -J of its

total payrollN!M ?#emption from real property ta# for one NM year of the property wherefacilities for persons with disability have been constructed.N?M he annual deduction under N(M, plus a one+time deduction under NBM.

2019 BAR QUESTIONS

I

>inda was employed by ;ectarian Dniversity N;DM to coo/ for the members of areligious order who teach and live inside the campus. 7hile performing her assignedta/s, >inda accidentally burned herself. Because of the e#tent of her inuries, shewent on medical leave. 4eanwhile, ;D engaged a replacement coo/. >inda $led a

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complaint for illegal dismissal, but her employer ;D contended that >inda was not aregular employee but a domestic househelp.

III

!on >uis, a widower, lived alone in a house with a large garden. 9ne day, he noticedthat the plants in his garden needed trimming. :e remembered that >ando, a year old out+of+school youth, had contacted hum in church the other day loo/ing forwor/. :e contacted >ando who immediately attended to !on >uis* garden and$nished the ob in three days. N@JM

N(M Is there an employer+employee relationship between !on >uis and >ando5NBM !oes !on >uis need to register >ando with the ;ocial ;ecurity ;ystem5

IK

>uisito has been wor/ing with >ima >and for 20 years. 7anting to wor/ in the publicsector, >uisito applied with and was o1ered a ob at >ivecor. Before accepting theo1er, he wanted to consult you whether the payments that he and >ima >and hadmade to the ;;; can be transferred or credited to the E;I;. 7hat would you advice5