Philippine Bar review · Question

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

Multiple Choice Easy Jurisprudence

Practice question

Which circumstance makes a formal hearing or conference mandatory under DO 147-15?
  1. Every investigation, without exception
  2. The employee requests one in writing
  3. The employer simply prefers to decide faster
  4. The employee’s coworker dislikes the charge
  5. The employee has fewer than two years of service

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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