2017 (Labor Law) Bar Exam Questions: Question 2

[Answer/discuss the question below, or see 2017 bar exam Labor Law Instructions; 2016 Labor Law and Social Legislation Questions: 13456789101112, and 13; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-II-

Procopio was dismissed from employment for stealing his co- employee Raul’s watch. Procopio filed a complaint for illegal dismissal. The Labor Arbiter ruled in Procopio’s favor on the ground that Raul’s testimony was doubtful, and, therefore, the doubt should be resolved in favor of Procopio. On appeal, the NLRC reversed the ruling because Article 4 of the Labor Code – which states that all doubts in the interpretation and implementation of the provisions of the Labor Code, including the implementing rules and regulations, shall be resolved in favor of labor – applied only when the doubt involved the “implementation and interpretation” of the Labor Code; hence, the doubt, which involved the application of the rules on evidence, not the Labor Code, could not necessarily be resolved in favor of Procopio. Was the reversal correct? Explain your answer. (3%)

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