2023 BAR EXAM Q. NO.

4: Bangko Norte (BN) implemented an “Exogamy

Policy”, which prohibits employees from marrying their co-employees.
Specifically, the policy states that when two of its employees marry each
other, one of them must sever his or her employment immediately. Clara,
who was hired as an account specialist, married her co-worker Ibarra, a
loan specialist. Subsequently, BN terminated the employment of Clara but
retained Ibarra. Clara argued that the policy should not apply to her since
she was employed prior to its effectivity, and that said policy violates the
Labor Code. She also pointed out that BN did not explain why it was her,
and not Ibarra, whose employment was terminated. Since BN refused to
reinstate her, Clara filed a complaint for illegal dismissal. Will the
complaint of Clara prosper? Discuss.

1. PROPER UNDERSTANDING AND APPRECIATION OF FACTS:

 Identification of Key Facts:

 Clara, an account specialist, and Ibarra, a loan specialist, got
married.
 Bangko Norte (BN) implemented an "Exogamy Policy"
requiring one spouse to terminate employment immediately.
 Clara was terminated, but Ibarra was retained.
 Clara argues the policy shouldn't apply to her as she was
employed prior to its implementation.
 Grasp the Context:
 Consider the dynamics of the workplace and the potential
impact of the policy on employees.
 Understand the sequence of events leading to Clara's
termination.
 Consider Perspectives:
 Recognize the impact of the policy on Clara and Ibarra's
employment.
 Evaluate the fairness and legality of singling out Clara for
termination.

2. APPRECIATION OF APPLICABLE LAWS:

 Identify Relevant Legal Principles:

 Familiarize with relevant provisions of the Labor Code
regarding employment conditions and termination and/or
jurisprudential doctrine.
 Analyze any legal precedents related to workplace policies and
their retroactive application.
 Differentiate Between Jurisdictions:
 Determine if the "Exogamy Policy" conflicts with any specific
labor laws and/or jurisprudence.
 Examine any provisions that might protect employees from
discriminatory policies.
 Analyze Statutory Interpretation:
 Assess the language of the Labor Code and/or jurisprudence in
relation to the implementation of workplace policies.
  Consider how the law and/or jurisprudence interprets and
protects employees' rights in marriage.

3. RECOGNITION OF ISSUES:

 Issue Spotting:
 Identify the main issues: legality of the "Exogamy Policy" and
the fairness of Clara's termination.
 Examine if the policy can be applied as a qualification in the
performance of employment.
 Narrow and Refine Issues:
 Break down the issues.
 Consider Counterarguments:
 Anticipate arguments BN might present in support of the
policy.
 Address potential justifications for terminating Clara over
Ibarra.

4. RESOLUTION OF ISSUES THROUGH ANALYSIS AND

APPLICATION OF LAW:

 Apply Legal Rules to Facts:

 Examine if the "Exogamy Policy" violates any provisions of the
Labor Code.
 Consider Clara's claim that the policy should not apply
retroactively.
 Use Legal Reasoning:
 Articulate a logical analysis of whether the termination was
justified based on the policy.
 Assess the legality of singling out Clara for termination as a
result of the said policy.
 Discuss Policy Considerations:
 Evaluate the broader implications of such policies on workplace
morale and employee rights.
 Consider the societal interests involved in balancing personal
and professional lives.

5. PRESENTATION AND ARTICULATION OF THE ANSWER:

 Organize Your Response:

 Follow an organized structure (e.g., ARAC) for clarity.
 Address each issue separately, supporting your analysis with
relevant legal principles.
 Clarity and Conciseness:
 Express your thoughts in a clear and concise manner.
 Avoid unnecessary details but ensure thorough coverage of key
points.
 Answer Each Sub-Question:
 Explicitly address whether Clara's complaint for illegal
dismissal will prosper.
 Provide a reasoned conclusion based on your analysis.
  Review and Edit:
 Proofread your response for coherence, grammar, and
punctuation.
 Ensure your analysis flows logically and addresses all aspects
of the question.

By systematically applying these analytical steps, you can present a well-

structured and articulate response to the labor law issues raised in Bangko
Norte's "Exogamy Policy" scenario.