Professional Documents
Culture Documents
2 P.M.
5 P.M.
INSTRUCTIONS
GOOD LUCK!!!
____________________________________
CHAIRMAN
2005 BAR EXAMINATION
COMMITTEE
- I -
(10%)
(10%)
- II -
(c) How are the portability provisions of Republic Act No. 7699
beneficial or advantageous to SSS and GSIS members in terms of
their creditable employment services in the private sector or the
government, as the case may be, for purposes of death, disability or
retirement? (3%)
(a) If you were ABC s legal counsel, how would you respond to
this demand?
- III -
As the Labor Arbiter assigned to hear the case, how would you
correctly resolve the following:
(6%)
(6%)
- IV -
(a) As the network s legal counsel, how would you justify its
decision to cancel Ms. Vartan s program which in effect terminated
her services in the process?
(b) As counsel for the talk-show host, how would you argue
your case?
(6%)
- V -
(a) Araw ng Kagitingan and Good Friday are among the 10 paid
regular holidays under Article 94 of the Labor Code. How much will
an employee receive when both holidays fall on the same day? (4%)
payroll reinstatement
eight-hour a
- VI -
(6%)
- VII -
(1.) Ricky Marvin had worked for more than ten (10) years in
IGB Corporation. Under the terms of the personnel policy on
retirement, any employee who had reached the age of 65 and
completed at least ten (10) years of service would be compulsorily
retired and paid 30 days pay for every year of service.
Ricky Marvin, whose immigrant visa to the USA had just been
approved, celebrated his 60th birthday recently. He decided to retire
and move to California where the son who petitioned him had settled.
The company refused to grant him any retirement benefits on the
ground that he had not yet attained the compulsory retirement age of
65 years as required by its personnel policy; moreover, it did not have
a policy on optional or early retirement.
Taking up the cudgels for Ricky Marvin, the union raised the
issue in the grievance machinery as stipulated in the CBA. No
settlement was arrived at, and the matter was referred to voluntary
arbitration.
(2.) Carissa, a comely bank teller, was due for her performance
evaluation which is conducted every six months. A rating of
outstanding is rewarded with a merit increase. She was given a
below average rating in the last two periods. According to the
bank s personnel policy, a third rating of below average will result in
termination. Mr. Perry Winkle called Carissa into his office a few days
before submitting her performance ratings. He invited her to spend
the night with him in his rest house. She politely declined. Undaunted,
Mr. Winkle renewed his invitation, and Carissa again declined. He
then warned her to watch out because she might regret it later on. A
few days later, Carissa found that her third and last rating was again
below average.
- VIII -
- IX -
Six months after the expiration of her last contract, Kitchie went
to HITEC s personnel department to inquire why she was not yet
being recalled for another temporary contract. She was told that her
performance during her last stint was below average.
NOTHING FOLLOWS.