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VVocatus · Bar Exam Practice

Labor Law, 2016 Bar — Question XVI-b

Labor Law
2016 BarLabor LawQ. XVI-b

ESSAY

In a case for illegal dismissal and non-payment of benefits, with prayer for damages, Apollo was awarded the following: 1) P200,000.00 as backwages; 2) P80,000.00 as unpaid wages; 3) P20,000.00 as unpaid holiday pay; 4) P5,000.00 as unpaid service incentive leave pay; 5) P50,000.00 as moral damages; and 6) P10,000.00 as exemplary damages. Attorney's fees of ten percent (10%) of all the amounts covered by items 1 to 6 inclusive, plus interests of 6% per annum from the date the same were unlawfully withheld, were also awarded. (b) Robbie likewise questions the imposition of interests on the amounts in question because it was not claimed by Apollo, and the Civil Code provision on interests does not apply to a labor case. Rule on the issue and explain. (2.5%)

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