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Patrick V.

Arcellana |3D | April 25, 2016


Outline Critique of "Legal Implications of the Supreme Court's
ruling in Deoferio v. Intel Technology Philippines, Inc.: Is an
authorized dismissal of an employee due to disease still
subject to the twin notice rule?
Legal Issue
The proponents legal issue has not been established sufficiently for the readers to
properly comprehend the proposed problem. Initially, the proponent was not able to show
or establish the different between the just and authorized causes of dismissal extensively
aside from the fact of the difference in the notice requirement. Such difference must be
discussed fully with the substantial differences in its effects and the history; there is a
need to include and dwell on the legislative creation of the law itself and why such was
created separately and termed as just and authorized. By establishing these factors,
The proponent also failed to show how disease has been considered as an authorized
cause for termination. This aspect, in the perspective of the panelist, must be fully and
completely established in order to ascertain why it is relevant to discuss the difference in
the first place. The nature of disease then needs to be tackled for there are various kinds of
diseases and it must be further discussed whether should really be considered as
authorized causes.
Scope and Limitation
The proponent has limited his thesis sufficiently by tackling mostly domestic law.
However the scope of the problem is limited only to the application of the said case to
existing laws and jurisprudence. It does not discuss the deeper implications of such a
change in the notice requirement. In this aspect, discussion about the relevance of the
Twin notice rule for just causes and the Notice to employer and DOLE rule for authorized
causes should be included. The difference would be able to give light on why there is a
difference for the two causes of termination.
The thesis should also cover its implications to the labor force of today. The current trend
of labor laws and the economic atmosphere should be included in order to view the
application of the case in a macro and micro economic point of view.
Organization of the Thesis
The thesis should comprise of several more chapters containing the historical background
of the creation of the Labor Code regarding these causes of termination. There should also

be chapters regarding the trend of jurisprudence relating to the notice requirements and
how it has changed from time to time and from various economic backgrounds.

Recommendation
The recommendation of the proponent could be considered as a long term goal
because it could only be attained if the Supreme Court would decide a similar case again.
Such would have no certainty and might be subject to further confusion. A better
recommendation would be to establish certain exceptions from the prevailing
jurisprudence on authorized causes by disease. Such exceptions would be applied if
another case is tried before a court containing a similar set of facts. At the least, a DO
could be issued by the DOLE in order to clarify the application of the case in subsequent
cases concerning termination.