10 Questions
What distinguishes statutory due process from constitutional due process?
Statutory due process protects employees from unjust termination, while constitutional due process protects individuals from government actions.
Why does a violation of the notice requirement not render an employee's dismissal void?
The Due Process Clause applies only to governmental powers, not private power like termination of employment.
What did the Court clarify in Serrano v. NLRC regarding the procedural due process requirement?
Procedural due process requirement is solely statutory and not constitutional.
Why was it clarified that violation of the notice requirement does not render the dismissal void?
Private power of termination is not subject to the Due Process Clause.
What role does the Due Process Clause play in protecting individuals in various legal proceedings?
It limits the powers of both the government and private entities in legal matters.
Why is notice and hearing required under the Due Process Clause?
To ensure individuals have a fair chance to respond before facing societal consequences.
Why does the Due Process Clause not apply to termination of employment under Art. 283?
Termination of employment is considered a private power and not a governmental action.
How does the requirement of notice and hearing differ between statutory due process and constitutional due process?
Statutory due process requires notice and hearing for valid dismissal, while constitutional due process requires them for ordinary legal proceedings.
Why did the Court clarify that violation of the notice requirement does not void an employee's dismissal?
Statutory due process is independent of constitutional due process, allowing variations in procedural requirements.
What makes notice and hearing less crucial in employment termination than in other legal proceedings?
Employment termination involves private powers, not societal consequences.
Test your knowledge on due process, impartiality, and hierarchy of rights using legal case references. Explore the interplay between human rights and property rights as recognized in legal contexts.
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