Question 6, 2018 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor


(Question VI, Labor Law, 2018 Bar Exam)

A certification election was conducted in Nation Manufacturing Corporation, whereby 55% of eligible voters in the bargaining unit cast their votes. The results were as follows:

Union Nana : 45 votes

Union Nada: 40 votes

Union Nara : 30 votes

No Union : 80 votes

Union Nana moved to be declared as the winner of the certification election.

a) Can Union Nana be declared as the winner? (2.5%)

b) Assume that the eligibility of 30 voters was challenged during the pre-election conference. The ballots of the 30 challenged voters were placed inside an envelope sealed by the DOLE Election Officer. Considering the said envelope remains sealed, what should be the next course of action with respect to the said challenged votes? (2.5%)

Suggested Answer:

(a) No. Answer

Under DOLE regulations, to be declared as the winner in a certification election, a union has to obtain a majority of the valid votes cast. Rule

In the case at bar, the total number of votes cast is 195 votes. The majority vote (50% + 1) is at least 99 votes. Union Nana only obtained 45 votes, short of the required majority vote. Apply

Thus, Union Nana cannot be declared as the winner. Conclusion

(b) The Election Officer shall indicate on the envelope the voter’s name, the union challenging the voter, and the ground for the challenge. The sealed envelope shall then be signed by the Election Officer and the representatives of the contending unions. The Election Officer shall note all challenges in the minutes of the election proceedings and shall have custody of all envelopes containing the challenged votes. The envelopes shall be opened and the question of eligibility shall be passed upon by the Mediator-Arbiter only if the number of segregated votes will materially alter the results of the election.


(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)



Political Law, Labor Law

Question 16, 2018 Labor Law Bar Exam

XVI. (Question XVI, Labor Law, 2018 Bar Exam) Nagrab Union and Nagrab Corporation have an existing CSA which contains the following provision: “New employees within

G. Crimes against persons

Frequency: ★★★★☆ CHAPTER 1: DESTRUCTION OF LIFE SECTION 1 – PARRICIDE, MURDER, HOMICIDE 1. Parricide ELEMENTS: 1) A person is killed; 2) The deceased is

G. Anti-Plunder Act

Frequency: ★★★★★ “Public Officer” – means any person holding any public office in the Government of the Republic of the Philippines by virtue of an

L. Bouncing Checks Law

Frequency: ★★★★☆ “Credit” – refers to an arrangement or understanding with the bank for the payment of such check. (Section 4, B.P. 22) 1. Crime

3. Interpretation of penal laws

Frequency: ★★★★☆ PRESUMPTION OF INNOCENCE: In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987

Question 18, 2018 Civil Law Bar Exam

XVIII (Question XVIII, Civil Law, 2018 Bar Exam) Shasha purchased an airline ticket from Sea Airlines (SAL) covering Manila-Bangkok- Hanoi-Manila. The ticket was exclusively endorsable

Question 12, 2018 Legal Ethics Bar Exam

XII (Question XII, Legal and Judicial Ethics, 2018 Bar Exam) From February to November 2004, Atty. Calumpang, in fraudulent connivance with brokers, convinced Corinna to

Question 12, 2017 Legal Ethics Bar Exam

XII. (Question XII, Legal and Judicial Ethics, 2017 Bar Exam) Atty. Simplicio published the following advertisement in a local newspaper: “Annulment of Marriage, Competent Attorney,

Question 5, 2018 Civil Law Bar Exam

V (Question V, Civil Law, 2018 Bar Exam) Sol Soldivino, widow, passed away, leaving two (2) legitimate children: a 25-year-old son, Santino (whom she had

error: Content is protected.