2012 Labor Law, Q6

For humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. The handicapped workers knew that the contract was only for a period of six-months and the same period was provided in their employment contracts. After six months, the bank terminated their employment on the ground that their contract has expired. This prompted the workers to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? Why or why not? (5%)
Mam-manu Aviation Company (Mam-manu) is a new airline company recruiting flight attendants for its domestic flights. It requires that the applicant be single, not more than 24 years old, attractive, and familiar with three (3) dialects, viz: llonggo, Cebuano and Kapampangan. lngga, 23 years old, was accepted as she possesses all the qualifications. After passing the probationary period, lngga disclosed that she got married when she was 18 years old but the marriage was already in the process of being annulled on the ground that her husband was afflicted with a sexually transmissible disease at the time of the celebration of their marriage. As a result of this revelation, lngga was not hired as a regular flight attendant. Consequently, she filed a complaint against Mam-manu alleging that the pre-employment qualifications violate relevant provisions of the Labor Code and are against public policy. Is the contention of lngga tenable? Why? (5%)

Quick check

What statutory right is guaranteed to qualified disabled workers under Section 5 of Republic Act No. 7277?

When do disabled workers hired by a bank attain regular employment status under Article 295 of the Labor Code?

Under Article 134 of the Labor Code, what is the general rule regarding employer policies prohibiting marriage?

What must an employer establish to legally enforce a single-status requirement for female job applicants?

Choices available with full access.

Why is an airline's single-status requirement for flight attendants legally invalid under labor law jurisprudence?

Choices available with full access.

Unlock the full Labor Law answers

Learn more about these topics

1. Disabled Workers Rights
Under Section 5 of Republic Act No. 7277, or the Magna Carta for Disabled Persons, qualified disabled workers are entitled to equal opportunity for employment and enjoy the same rights, terms, and security of tenure as able-bodied employees. Where disabled workers perform tasks that are necessary or desirable in the usual business or trade of the employer, such as currency sorting in a bank, they attain regular employment status under Article 295 of the Labor Code. Their statutory security of tenure cannot be circumvented by fixed-term employment contracts, rendering their dismissal upon contract expiration illegal.

2. Marriage Prohibition Stipulation
Under Article 134 of the Labor Code, it is strictly unlawful for an employer to require as a condition of employment or continuation of employment that a woman worker shall not get married, or to stipulate that upon getting married, a woman employee shall be deemed resigned or separated. Any policy or contract condition discriminating against married women is void for violating labor legislation and public policy, unless the employer proves that single status is a bona fide occupational qualification reasonably necessary for the normal operation of the particular business.

3. Occupational Qualification Exception
To justify a single-status restriction as a bona fide occupational qualification under labor law, the employer must establish that the requirement is an essential occupational prerequisite directly related to job performance. In aviation services, marital status bears no reasonable relation to the ability of a flight attendant to perform safety and in-flight duties efficiently. Consequently, an airline company cannot legally disqualify or refuse regularization to an otherwise qualified flight attendant based solely on her marital status or prior marriage.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026