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Philippine Bar review · Question

Practice question: Due Process Requirements (DO 147, s. 2015)

Multiple Choice Medium Jurisprudence

Practice question

A company implements redundancy. Which notice arrangement meets the stated authorized-cause notice requirement, assuming all other substantive and payment obligations are satisfied?
  1. Notice only to the employee on the last day
  2. Written notice specifying redundancy to the employee and appropriate DOLE Regional Office at least thirty days before effectivity
  3. A verbal announcement to coworkers sixty days beforehand
  4. Notice only to DOLE after termination
  5. A just-cause accusation letter demanding a response within an hour

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A, sections 5.1 and 5.3: detailed notices, at least five calendar days, meaningful opportunity, hearing triggers and authorized-cause notice.
  • https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html — Agabon v. NLRC, G.R. 158693, November 17, 2004, main decision: substantive just cause distinguished from procedural violation.
  • https://lawphil.net/judjuris/juri2005/mar2005/gr_151378_2005.html — Jaka Food Processing Corp. v. Pacot, G.R. 151378, March 28, 2005, main decision: established authorized cause does not excuse notice violation.

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