Philippine Bar review · Question

Practice question: Authorized Causes (DO 147, s. 2015)

Multiple Choice Hard Jurisprudence

Practice question

A company proposes disease-based termination. Its private clinic says the condition should be controlled within four months of proper treatment. There is no certification by a competent public health authority that it is incurable within six months. Management argues that illness alone justifies termination. Which is correct?
  1. Any illness automatically supplies authorized cause
  2. A private clinic’s prediction of recovery satisfies the required incurability certification
  3. Payment of separation pay eliminates the medical prerequisites
  4. The stated facts fail to establish the prescribed disease ground, including the competent public health certification of incurability within six months
  5. Only an employee’s supervisor may determine incurability

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A, sections 4(a), 5.3–5.5: authorized causes, proof, notice and separation pay.

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