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Philippine Bar review · Question

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

Multiple Choice Medium Jurisprudence

Practice question

A first notice describes the facts in detail and gives seven calendar days to answer. The employee timely makes a written request for a hearing. Management refuses solely because it already received the written explanation. Does the explanation automatically excuse the refusal?
  1. Yes, written explanations always eliminate hearings
  2. Yes, if the notice used the word final
  3. No; a written employee request triggers a formal hearing or conference under DO 147-15
  4. No, because all cases require a court trial
  5. Yes, if the employer believes its evidence

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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