ICCT Colleges Foundation Inc.

V.V Soliven Ave. II, Cainta, Rizal

College of Business and Accountancy

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

Midterm Quiz
March 08, 2020

Name:Reyes, Leonelson D._____________________________Section: E45_______Score:____________

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

ALLOWED. USE EITHER BLUE OR BLACK BALLPEN.

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

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

Yes, if Tamara can`t show any proof of evidence that she did it with the consent of her
supervisor then the dismissal of Tamara is proper. According to Art 282 of the Labor Code,
an employer can terminate an employee for serious misconduct or wilful disobedience by
the employee of his employer or representative in connection with his work.

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

Yes, Paray has a right to reinstatement and full backwages because he was wrongfully incarcerated
and was unable to perform his duties, according to Art 279 of the Labor Code of the Philippines, an
employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of
seniority rights and other privileges and to his full backwages.

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