Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

An employer proves that a worker committed a forbidden intentional act, but admits it was unrelated to the worker’s duties and made no showing of unfitness to continue working. It invokes only serious misconduct, with no other cause established. Is proof of a forbidden act alone enough under DO147?
  1. Yes, any forbidden act conclusively proves serious misconduct
  2. No; the work connection and unfitness requirements have not been established
  3. Yes, intent replaces every other element
  4. Yes, an accusation supplies unfitness automatically
  5. Yes, all off-duty conduct is invariably a dismissal ground

Legal references

  • DOLE Department Order 147-15, Rule I-A, Sections 1-3 and 5.2, as applicable: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535

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