mcq migrant workers

8/4/2019 Mcq Migrant Workers

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FAJUTAG, ARDY F.

DEMETRIOU, ALEXANDER PHILIP V.

CAWAGDAN, HERLENE C.

CHAN, ANTHONY

LIWANAG, LEANDRO

1. Which of the following are mandated by RA 9547 to form an oversight committee?

A. TESDA, LBP, DEPED

B. DEPED, DPWH, CHED, DOHC. DOTC, DOLE, DOF, DBM

D. DOLE, DSWD, DBM

Answer: DThe agencies mandated to form the oversight committee in the implementation of SPES are the

following: DOLE, DEPED, DSWD, DBM, DOF, and CHED.

2. How many employees should be employed by an employer in order to qualify under the program?

A. at least 50 regular employeesB. at least 50 contractual / casual employees

C. at least 10 regular / casual / contractual employees

D. at least 10 regular and 10 casual employees

Answer: D

Under RA 9547, Employers employing at least 10 persons, either regular, casual, contractual, or

employees under job contracting arrangements may join the Program.

3. Who cannot be a beneficiary of SPES?A. Out of School students with intention to enroll in the next term/school year B. 15 year old students

C. Students with a sibling enrolled under SPES

D. Dependents of displaced workers

Answer: C

Only one beneficiary is allowed per family.

4. What is a specific term of employment of students under 18 years old, under SPES?

A. Students are required to work beyond 48 hours a week if nature of work so requires

B. Students are not to work under hazardous environmentC. Students may be required to render work on rest days

D. Students are required to render 20 working days during Christmas vacations

Answer: B

Implementation of SPES follows the standards of employment of minors under the Labor Code.

It is the responsibility of the employer to make sure that students will not work under hazardous

environment.



5. What is not an additional benefit of the SPES Program to students?

A. SSS benefitB. Medicard Benefit

C. Academic Unit Equivalency

D. Absorption in the Company after graduation

Answer: D

Under the SPES Program, the employer may opt to absorb the student after graduation. There isalso a provision under RA 9547 providing for the inclusion of the days of work rendered by the

student to be included in the probationary period in case the student is absorbed in the company.

6. How is the payment of wage / salary of students given?A. 60% - paid by employers

B. 40% - paid by DOLE

C. LGU may pay 100% to student-employees

D. All of the above

Answer: DPayment of the wage or salary of the students shall be 60% in cash by the employer and 40% by

the DOLE in form of vouchers. However, the LGUs may assume full payment of the student’s

salary provided that said LGU shall give prior notice to the DOLE Regional Office.

7. Under RA No. 9547, what are the punishments for filing of fraudulent or fictitious claims?

A. Imprisonment of 6 months to one year and fine of not less than P10,000.00 without

prejudice to punishments under the Revised Penal CodeB. Imprisonment of 12 months to 2 years and fine of not less than P10,000.00

C. Imprisonment of 6 months to one year with fine of not more than P10,000 without

prejudice to punishments under the Revised Penal CodeD. Punishable under the Revised Penal Code

Answer: AUnder the SPES Program, filing of fraudulent or fictitious claims is punishable by Imprisonment

of 6 months to one year and fine of not less than P10,000.00 without prejudice to punishments

under the Revised Penal Code.

8. Who are the persons that can be held criminally liable for acts constituting illegal recruitment

and prohibited acts?

A. PrincipalsB. Accomplices

C. Accessories

D. All of the aboveE. None of the above

Answer: D



Sec. 5 of R.A 10022 states the persons that can be held criminally liable for illegal recruitment

and prohibited acts are the principals, accomplices and accessories. In case of juridical persons,

the officers having ownership, control, management or direction of their business who areresponsible for the commission of the offense and the responsible employees/agents thereof shall

be liable.

9. What are the penalties provided in the amended law for the commission of illegal recruitment

and prohibited acts?

A. Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of

not less than twelve (12) years and one (1) day but not more than twenty (20) years and a

fine of not less than One Million pesos (P1,000,000.00) nor more than Two Million pesos

(P2,000,000.00).B. Any person found guilty of any of the prohibited acts shall suffer the penalty of

imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)

years and a fine of not less than Five Hundred Thousand pesos (P500,000.00) nor more

than One Million pesos (P1,000,000.00).C. If the offender is an alien, he or she shall, in addition to the penalties herein prescribed,

be deported without further proceedings.D. In every case, conviction shall cause and carry the automatic revocation of the license or

registration of the recruitment/manning agency, lending institution, training school or

medical clinicE. All of the Above

Answer: E

A: (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of

not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of

not less than One Million pesos (P1,000,000.00) nor more than Two Million pesos(P2,000,000.00).

(b) Any person found guilty of any of the prohibited acts shall suffer the penalty of

imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) yearsand a fine of not less than Five Hundred Thousand pesos (P500,000.00) nor more than One

Million pesos (P1,000,000.00).

(c) If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, bedeported without further proceedings.

(d) In every case, conviction shall cause and carry the automatic revocation of the license or

registration of the recruitment/manning agency, lending institution, training school or medicalclinic.

10. Which quasi-judicial body or agency of the government has jurisdiction over money claimsof seafarers?

A. Labor Arbiter of NLRC

B. POEA

C. DOLED. DFA

E. All of the above



Answer: A

A: The Labor Arbiters of the National Labor Relations Commission (NLRC) shall have theoriginal and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the

filing of the complaint, the claims arising from an employer-employee relationship or by virtue

of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary or other form of damages.

11. What are the uses of the Legal Assistance Fund?A. In the absence of counsel de oficio or court-appointed lawyer, payment of attorney’s fees

to foreign lawyers for their services in representing migrant workers facing criminal and

labor cases abroad, or in filing cases against erring or abusive employers abroad,

provided, that no amount shall be disbursed for the appeal of cases except when the penalty meted is life imprisonment or death or under meritorious circumstances as

determined by the Undersecretary for Migrant Workers Affairs.

B. Bail bonds to secure the temporary release of workers under detention upon the

recommendation of the lawyer and the foreign service post concerned; andC. Court fees, charges and other reasonable litigation expenses when so recommended by

their lawyers.D. All of the above

Answer: D

A: The Legal Assistance Fund shall be used exclusively for the following specific purposes:(a) In the absence of counsel de oficio or court-appointed lawyer, payment of attorney’s fees to

foreign lawyers for their services in representing migrant workers facing criminal and labor cases

abroad, or in filing cases against erring or abusive employers abroad, provided, that no amountshall be disbursed for the appeal of cases except when the penalty meted is life imprisonment or

death or under meritorious circumstances as determined by the Undersecretary for Migrant

Workers Affairs.(b) Bail bonds to secure the temporary release of workers under detention upon the

recommendation of the lawyer and the foreign service post concerned; and

(c) Court fees, charges and other reasonable litigation expenses when so recommended by their lawyers.

12. What are tax incentives available to the migrant workers under the old and the amended

law?A. Payment of travel tax

B. Payment of airport fee

C. Payment of documentary stamp tax.D. All of the above

Answer: DA: Under the old law, the migrant worker shall be exempt from the payment of travel tax and

airport fee upon proper showing of proof of entitlement by the POEA. In the new law, in

addition to the afore-said exemption, it is further provided that the remittances of all overseas



Filipino workers, upon showing of the same proof of entitlement by the overseas Filipino

worker’s beneficiary or recipient, shall be exempt from the payment of documentary stamp tax.

13. Who has primary responsibility for repatriation of workers?

A. Government of the PhilippinesB. Government of the host country

C. Employee

D. Principal Employer or agency

Answer: D

A. The primary responsibility for repatriation now rests with the principal or agency without a

prior determination of the cause of the termination of the worker’s employment. Upon theworker’s return to the country, the principal or agency may recover the cost of repatriation from

the worker if the termination of employment was due solely to his or her fault. (Rule XIII, Sec. 1,

IRR)

14. What are the benefits covered by the Compulsory Insurance Coverage provided under

Section 37-A of the amended law?A. Accidental death, with at least USD15,000 survivor’s benefit payable to the migrant

worker’s beneficiaries;

B. Natural death of at least USD10,000 survivor’s benefit payable to the migrant worker’s beneficiaries;

C. Permanent total disablement, with at least USD7,500 disability benefit payable to the

migrant worker. The following disabilities shall be deemed permanent: total, complete

loss of sight of both eyes; loss of two limbs at or above the ankles or wrists; permanentcomplete paralysis of two limbs; brain injury resulting to incurable imbecility or insanity

D. Subsistence allowance benefit of at least One hundred US Dollars (USD100) per monthfor a maximum of 6 months for a migrant worker who is involved in a litigation inreceiving country;

E. All of the above

Answer: E

The benefits covered are as follows:

(1) Accidental death, with at least USD15,000 survivor’s benefit payable to the migrant worker’s

beneficiaries;(2) Natural death of at least USD10,000 survivor’s benefit payable to the migrant worker’s

beneficiaries;

(3) Permanent total disablement, with at least USD7,500 disability benefit payable to the migrantworker. The following disabilities shall be deemed permanent: total, complete loss of sight of

both eyes; loss of two limbs at or above the ankles or wrists; permanent complete paralysis of

two limbs; brain injury resulting to incurable imbecility or insanity;(4) Repatriation cost of the worker when employment is terminated without any valid cause,

including transport of his personal belongings; repatriation of remains in case of death of the

seafarer including assistance on the requirements for repatriation of remains;



(5) Subsistence allowance benefit of at least One hundred US Dollars (USD100) per month for a

maximum of 6 months for a migrant worker who is involved in a litigation in receiving country;

(6) Money claims arising from employer’s liability equivalent to at least 3 months’ salary for every year of the migrant worker’s employment contract;

(7) Compassionate visit when a migrant worker is hospitalized and has been confined for at least

7 consecutive days wherein the insurance provider will shoulder the transportation cost of onefamily member of the migrant worker in going to the major airport closest to the place of

hospitalization of the migrant worker;

(8) Medical evacuation cost when there is no proximate adequate medical facility; and(9) Medical repatriation cost when medically cleared to travel by commercial carrier; if period to

receive such clearance exceeds 14 days, an alternative mode of transportation, such as air

ambulance, may be arranged; medical escorts shall also be provided if necessary.

15. Who has exclusive jurisdiction for money claims?

A. P.O.E.A.

B. N.L.R.C.

C. D.F.A.D. D.O.L.E.

Ans. N.L.R.C. as provided for by R.A. 10022

16. What is the prescriptive period to hear and decide case for money claims?

A. depends on the damages that is claimedB. 15 working days

C. 10 years

D. 90 calendar days

Ans. 90 Calendar days by virtue of R.A. 10022

17. R. A. 10022 is also known as?

A. Comprehensive Drugs Act of 2002

B. SSS lawC. GSIS law

D. An Act amending R.A. 8042

E. Migrant Workers and Overseas Filipino Act of 1995

Ans. An act amending R.A. 8042

18. What are the two government agencies that were added by virtue of the amendments of R.A.10022?

A. PNP and PDEAB. BJMP and DOH

C. NBI and LGU

D. AFP and DFA

E. DOH and LGU



F. DEPED and DSWD

Ans. DOH and LGU as provided for y the amendments of R.A. 10022

19. R.A. 8042 was enacted during the administration of

A. Pres. ArroyoB. Pres. Aquino

C. Pres. Estrada

D. Pres. RamosE. Pres. Marcos

F. Pres. Roxas

Ans. Pres. Ramos

20. Who has jurisdiction to uplift suspension or erring recruitment or manning agencies upon the

payment of fine of 50,000 for every month suspension.

A. DFA

B. LGUC. PDEA

D. NLRC

E. POEA

F. NLRC

Ans. POEA as provided for by the amendments of R.A. 10022

21. Migrant Workers Day, when celebrated?

A. Feb. 14,B. Dec. 25

C. Jan. 1

D. May 1E. June 7

F. Feb. 25

Ans. June 7 as provided for by the Migrant Workers Act.

22.) Based on RA 9547, there are three criterias, which among the following is not included?

A. age

B. incomeC. grades

D. discipilinary

Based on RA 9547, there are 3 criteria age, income, grades

23.) The oversight committee is composed by representatives of the following except:

A. Secretary of Dole



B. Representative from DOLE

C. Representative from DSWD

D. Representative from NEDA

The oversight committee is not composed of a representative from neda

24.) Employers shall pay 40% of the minimum wage and 60% shall be paid by the DOLE?

A. The first statement is true

B. The second statement is true

C. Both statements are false

D. Both statements are true

60% by employer, 40% from DOLE

25.) What Republic Act was enacted for the Special Program for Employment of Students?A. RA 7323

B. RA 7233

C. RA 7332

D. RA 7723

RA 7323 was enacted for SPES

26.) What Republic Act is SPES?A. RA 9547

B. RA 9457

C. RA 9745

D. RA 9945

RA 9547 is SPES

27.) Who can be an employer?A. LGA

B. LGU

C. c.)Labor UnionsD. NGA

The LGA is not included



28.) Could a CEO and employee of a corporation be criminally liable in violation of SPES?

A. True

B. FalseC. Both True

D. Both False

The CEO could be criminally liable under the RPC

29) Which of the following is among the prohibited acts under RA 10022?

A. Charging unauthorized or excessive fees

B. Publishing false recruitment or employment information

C. Engaging in travel agency

D. Operating with a suspended authority

Answer: D – Letters a to c are the recruitment violations provided in PD 442 which were deemed

as illegal recruitment activities under RA 8042. On the other hand, letter D is among the

prohibited acts added by RA 10022.

30) When can illegal recruitment be deemed as economic sabotage?

A. When the recruitment activities is performed by non-holder of authority

B. When the recruitment activities is done in large scale

C. When the person recruited is less than eighteen years of age

D. All of the above

Answer: B – Illegal recruitment done in large scale constitutes economic sabotage. It is done in

large scale when committed against three or more persons. Recruitment by a non-holder of authority is treated as ‘simple’ illegal recruitment if not done to three or more persons or

committed by three or more persons who conspire with one another.

When the person is recruited is less than 18 years old, the penalty imposed shall be the maximum period and fine.

31) What are the elements of illegal recruitment?

A. Recruitment activities and performed by a non-holder of authority

B. Recruitment activities and proof of payment

C. Proof of payment and non-holder of authority

D. None of the above



Answer: A – The elements of illegal recruitment are (1) recruitment activities and (2) performed

by a non-holder of authority.

32) Which of the following are deemed as acts of illegal recruitment?

A. Refusal to condone loans in cases of pre-mature termination of contract

B. Compulsory and exclusive assignment of a medical provider

C. Compulsory and exclusive assignment of a training provider

D. None of the above

Answer: D – The acts listed refer to prohibited acts under RA 10022.

33) When will the maximum penalty of illegal recruitment be imposed?

A. When the person recruited is under 18 years of age

B. When committed in large scale

C. When committed by a syndicate

D. All of the above

Answer: A – The maximum penalty is imposed when the person is recruited is under 18 years of age or is committed by a non-holder of authority.

34) The following are deemed illegal recruitment activities except:

A. Inducing workers to quit employment by offering another employment

B. Influencing employers not to hire workers from other agencies

C. Engaging in travel agency

D. All of the above

Answer: D – All of the following are illegal recruitment activities.

35) The following are prohibited acts under RA 10022 except:

A. Extending loans to an OFW exceeding 8% per annum for payment of placement fees

B. Refusal to condone loans in case of pre-mature termination of contract

C. Compulsory and exclusive assignment of a medical provider



D. All of the above

Answer: D – All of the following are included in the prohibited acts under RA 10022.

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