2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 15

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XV. Robert, an employee of ABC Company, is married to Wanda. One day, Wanda visited the company office with her three (3) emaciated minor children, and narrated to the Manager that Robert had been squandering his earnings on his mistress, leaving only a paltry sum for the support of their children. Wanda tearfully pleaded with the Manager to let her have one half of Robert’s pay every payday to ensure that her children would at least have food on the table. To support her please, Wanda presented a Kasulatan signed by Robert giving her one half of his salary, on the condition that she would not complain if he stayed with his mistress on weekends.

If you were the Manager, would you release one half of Robert’s salary to Wanda? (1%)

(No, beccause an employer is prohibited from interfering with the freedom of its employees to dispose of their wages.

(B) Yes, because of Robert’s signed authorization to give Wanda one half of his salary.

(C) No, because there is no written authorization for ABC Company to release Robert’s salary to Wanda.

(D) Yes, because it is Robert’s duty to financially support his minor children.

(E) No, because Robert’s Kasulatan is basd on an illegal consideration and is of doubtful legal validity.

5 comments

  1. I answered C on this one because i read somewhere that an employer will be allowed to release the salary to the immediate family only upon death of the employee, upon his written authority and/or cases provided for by law (e.g. allotment of OFW’s). It was a choice between C or A i did not choose the latter because A is more applicable to cases wherein the employer actively participates in the disposition of the salary (e.g. compelling them to purchase items sold by the employer, etc.).

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