Willful disobedience

Topic: Due Process
Updated: May 29, 2022

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

1. Summary

▪ To be valid, the just cause of willful disobedience of a lawful order should comply with prescribed standards.

2. Standards for willful disobedience

The standards are:

1) There must be disobedience or insubordination;

2) The disobedience or insubordination must be willful or intentional characterized by a wrongful and perverse attitude;

3) The order violated must be reasonable, lawful, and made known to the employee; and,

4) The order must pertain to the duties which he has been engaged to discharge. (Section 5.2[b], Rule I-A, DOLE D.O. 147-15)

References

▪ 1987 Philippine Constitution

▪ Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

▪ DOLE Department Order No. 147, Series of 2015

▪ Jurisprudence or Supreme Court Decisions

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