Copyright © 2010 by Chester B. Cabalza
Law professors are suddenly moved by the decision of the Supreme Court (SC) to adapt the multiple choice questions (MCQ) for their midterm and final exams in their respective law subjects. As law students who were used to pyramid answers in essay-type questions are bewildered by this abrupt change. That's why many of the law professors and law disciples alike are preparing themselves for the new type of questions during examinations administered by their respective law schools/colleges in the country.
According to the SC, and I quote from the Philippine Daily Inquirer (PDI), "60 percent of the 2011 Bar examination will be multiple choice questions, while only 40 percent will be essay." But there's a twist in this type of exam when justices opined that examinees' answers in the essay part will only be checked unless they pass the MCQ part. (How sad and hard it is!)
The MCQ exams will have the following advantages (Ibid:PDI) "objective correction of the papers since every question has one definite answer; encouragement of the mastery of subject because of the difficulty of distinguishing between a correct and a nearly correct answer; and the employment of a wider scope of topics since the examiner can ask as many as 100 questions in an hour and a half exam, among others."
They say that the MCQ will test the examinees’ knowledge on codal provisions or provisions of the law “but also their comprehension and analysis.”
Because of this, I tried to make some simple reviewer of MCQ in my labor standard subject just to test my wit if I could answer basic MCQ in my preparation for my midterm and final exams, and hopefully during the BAR Exams in the future:
Sample MCQ in Labor Standards:
1. The government-owned and –controlled corporations “with original charter” refer to corporations chartered by special law distinguished from corporations organized under our general incorporation statute, the Corporation Code. Thus, under the present state of the law, GOCCs with original charter are subject to what law?
A. Labor Code
B. Corporation Code
C. Civil Service Law
D. Civil Service Rules
2. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations Commission, it was held that in interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts what approach which favors the exercise of labor rights?
A. Labor’s Welfare
B. Liberal’s Approach
C. Liberal Worker’s Approach
D. Laborer’s Approach
3. There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is:
A. Full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application
B. Full payment shall be advanced by the employer within 15 days from the filing of the maternity leave application
C. Maternity benefits shall be paid only for the first 2 deliveries of miscarriages
D. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages
4. Under RA 9262 on Battered Woman Leave, it provides that an employee is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and company policies, provided the following requisites must be present, except for one invalid requisite:
A. Employee is a woman
B. She is a victim of physical, sexual or psychological violence
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim such leave
5. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the benefits granted to the following employees:
A. Both male and female employees in public sectors only
B. Both male and female employees in private sectors only
C. All married male employees in the public and privates sectors
D. All married male employees in the private sectors
6. Anti-Sexual Harassment Act is committed by any person having:
A. Authority or Influence
B. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any lascivious favor which would result in a hostile or offensive environment
C. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands money which would result in a hostile or offensive environment
D. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any sexual favor which would result in a hostile or offensive environment
7. Anti-Child Abuse Act, or otherwise known as, “An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, providing Penalties for its Violation and for Other Purposes,” was strengthened by what Republic Act?
A. RA 7658
B. RA 7758
C. RA 7856
D. RA 7652
8. In Article 151 of the Labor Code, it implied that since the relationship between the employer and the househelper is a fiduciary one, the Court cannot order the employer to re-hire the househelper, even if the latter was unjustly dismissed. Is this valid?
A. No, the employer cannot re-hire the househelper
B. No, the employer can indemnify the househelper
C. Yes, the Court can order the employer to re-hire the househelper
D. Yes, the Court cannot order the employer to re-hire the househelper, by operation of the law
9. All rights and benefits granted to workers under the Labor Code shall, except as may otherwise be provided in the Code, apply alike to all workers, whether:
A. Agricultural or commercial
B. Agricultural or industrial
C. Agricultural or non-agricultural
D. Non-industrial or non-commercial
10. Complaints for violation of labor standards and the terms and conditions of employment involving money claims of homeworkers exceeding PhP5,000 per homeworker shall be heard and decided by the:
A. Regional Director
B. Labor Arbiter in the NLRC
C. Secretary of Labor
D. Homeworkers Union
11. In the case of People v. Panis, which defined “Recruitment and Placement” in Article 13 (b), the Court ruled that:
(a) That the number of persons is an essential ingredient of the act of recruitment and placement of workers.
(b) That the number of persons is not an essential ingredient of the act of recruitment and placement of workers.
(c) That the number of workers is essential to the employment.
(d) That the number of workers are not essential to the employment.
12. To pursue its responsibility to promote employment opportunities, the DOLE carries out programs for local and overseas employment. However, effective allocation of manpower resources in local employment is assigned to the:
(a) National Labor Relations Commission (NLRC)
(b) Philippine Overseas Employment Administration (POEA)
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE)
13. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities. If the company/industry has one hundred (100) employees and exceeds to three hundred (300), what does the provision stipulates?
(a) The services of full-time physician, dentist and a full-time registered nurse as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity.
(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic.
(c) The services of a full-time registered nurse.
(d) None of the above
14. Which of the following is NOT a policy of the State?
(a) To promote and maintain a state of full employment through improved manpower training, allocation and utilization.
(b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and condition of employment.
(c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest.
(d) To ignore the movement of workers in conformity with the national interest.
15. Article 40 requires only non-resident aliens to secure employment permit. Resident aliens are not required. For immigrants and resident aliens what is required is an:
(a) Employer-Employee Contract
(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit
16. Apprenticeship is the arrangement and the period when an upcoming worker undergoes hands-on training, more or less formal, to learn the ropes of a skilled job. This program aims to:
(a) To help meet the demand of the economy for trained manpower.
(b) To establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies.
(c) To establish apprenticeship standards for the protection of apprentices.
(d) All of the Above
17. When the death of a seaman resulted from a deliberate or willful Act on his own life, and it is directly attributable to the seaman, such death is compensable?
18. Who are NOT covered by the 24-Hour Duty Doctrine?
(d) Peace Officers
19. Rafael was dismissed from overseas employment without just, valid or authorized cause, can he claim full reimbursement of his placement fee and what other benefits can he obtain?
(a) None, because of premature termination of contract.
(b) Yes, he can claim full reimbursement of his placement fee without other benefits.
(c) Yes, he can claim full reimbursement of his placement fee with interest at 12% per annum, plus his salary for the unexpired portion of his employment
(d) None of the above
20. Maria is a domestic helper of a Filipino business tycoon based in California, USA where she complains about money claims. The Labor Code, under the Migrant Workers’ Law, does the statute and regulations limit the coverage to non-Filipino or alien employers only?
(a) No, because nationality is immaterial
(b) Yes, because aliens are the ones covered under the law
(c) All of the above
(d) None of the Above
WHAT DO YOU THINK OF MCQ?