Podcast
Questions and Answers
What distinguishes statutory due process from constitutional due process?
What distinguishes statutory due process from constitutional due process?
- Statutory due process is a limitation on private powers, while constitutional due process ensures governmental compliance.
- Statutory due process is applicable in civil cases only, while constitutional due process applies to criminal and administrative proceedings.
- Statutory due process protects employees from unjust termination, while constitutional due process protects individuals from government actions. (correct)
- Statutory due process requires notice and hearing, while constitutional due process does not.
Why does a violation of the notice requirement not render an employee's dismissal void?
Why does a violation of the notice requirement not render an employee's dismissal void?
- The Labor Code supersedes the Due Process Clause in such cases.
- Notice and hearing are not necessary before exercising private power.
- The employer's violation of the notice requirement is considered a denial of due process.
- The Due Process Clause applies only to governmental powers, not private power like termination of employment. (correct)
What did the Court clarify in Serrano v. NLRC regarding the procedural due process requirement?
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. (correct)
- Violation of procedural due process renders the dismissal void.
- Procedural due process requirement is both constitutional and statutory.
- The employer has the discretion to waive the procedural due process requirement.
Why was it clarified that violation of the notice requirement does not render the dismissal void?
Why was it clarified that violation of the notice requirement does not render the dismissal void?
What role does the Due Process Clause play in protecting individuals in various legal proceedings?
What role does the Due Process Clause play in protecting individuals in various legal proceedings?
Why is notice and hearing required under the Due Process Clause?
Why is notice and hearing required under the Due Process Clause?
Why does the Due Process Clause not apply to termination of employment under Art. 283?
Why does the Due Process Clause not apply to termination of employment under Art. 283?
How does the requirement of notice and hearing differ between statutory due process and constitutional due process?
How does the requirement of notice and hearing differ between statutory due process and constitutional due process?
Why did the Court clarify that violation of the notice requirement does not void an employee's dismissal?
Why did the Court clarify that violation of the notice requirement does not void an employee's dismissal?
What makes notice and hearing less crucial in employment termination than in other legal proceedings?
What makes notice and hearing less crucial in employment termination than in other legal proceedings?
