Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

A detailed notice and adequate response time are provided. The employee gives a comprehensive written defense. No written hearing request, substantial factual dispute, applicable hearing rule or similar circumstance requiring one exists. Management evaluates the defense and serves a proper final notice. Is absence of a trial-like oral hearing alone necessarily a violation?
  1. No; meaningful written opportunity may suffice where no mandatory-hearing trigger exists
  2. Yes; a full trial is invariably mandatory
  3. Yes; written defenses never count
  4. Yes; only sworn courtroom testimony is permissible
  5. Yes; all workplace decisions require a judge

Legal references

  • DO147-15 RuleI-A Sections5.1 and5.4–5.5: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 Section5.1 service, representation and company-hearing rules.

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