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Showing 241–264 of 1,126 articles for “due process”

Perfecting Joint Venture Agreements Consent Object AND Cause IN Philippine contract LAW

Philippine Supreme Court ruling on labor-only contracting, joint and several liability, and procedural due process in illegal dismissal cases.

Illegal Dismissal Requires Both Just Cause and Due Process: Noblado v. Alfonso

The Supreme Court clarifies that dismissal without just cause and due process is illegal, entitling workers to backwages and separation pay.

Discovery Rights in Administrative Proceedings: Balancing Efficiency and Due Process

The Supreme Court clarifies when modes of discovery may be denied in administrative cases, balancing efficiency with due process in PHIC proceedings.

Due Process in Membership Termination: The Imperative of Proper Notice in Non-Stock Corporations

Supreme Court ruling on Valley Golf clarifies that terminating a non-stock corporation membership requires proper notice under substantial justice principles.

Injunctions Protecting Rights Upholding Due Process and Ensuring Fair Legal Proceedings

The Supreme Court dismisses a direct challenge to Iloilo City's real property tax ordinance, reaffirming the need to exhaust administrative remedies and observe the hierarchy of courts.

Serving Summons Ensuring Due Process and Jurisdiction in Philippine Courts

Serving summons correctly is key to court jurisdiction. Learn the rules on personal and substituted service from a Supreme Court case.

When Waivers Fail: Prescription and Due Process in Tax Assessments

A waiver of the tax prescription period must strictly follow BIR rules; defects void it and bar assessment.

Loss of Trust and Due Process: Philippine Standards for Employee Dismissal

Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.

When a Solemn Promise Isn't Proof: Illegal Dismissal and Due Process in Labor Cases

SC ruling explains why an employee's written promise to return money is not enough to justify dismissal for loss of trust and confidence.

SEC Revocation of Securities Registration: When Due Process Is Satisfied

Supreme Court clarifies when SEC revocation of securities registration complies with due process, and what issuers must do.

SEC Revocation of Securities Registration: Due Process in Administrative Regulation

Supreme Court clarifies when SEC may revoke securities registration without a separate hearing, distinguishing regulatory from quasi-judicial powers.

SEC Regulatory Powers: Revocation of Securities Registration and Due Process

Supreme Court clarifies SEC's regulatory power to revoke securities registration and what due process requires in administrative proceedings.

SEC Revocation of Securities Registration: Due Process in Corporate Filings

Supreme Court clarifies when SEC may revoke a corporation's securities registration for reportorial lapses without a separate hearing.

Surety Bond Liability and Due Process in Wrongful Attachment Cases

Learn when surety bonds can be enforced after wrongful attachment, and the due process rules that protect sureties in Philippine courts.

Demolition Orders and Due Process: Key Lessons from the Alangdeo Case

The Supreme Court invalidated a demolition order in Alangdeo v. City Mayor of Baguio, reinforcing due process and legal safeguards for property owners.

Upholding Due Process and Proving Employer-Employee Relationship in Philippine Labor Cases

Philippine Supreme Court clarifies the burden of proof in illegal dismissal cases and the four-fold test for employer-employee relationship.

Illegal Dismissal: Proving Just Cause at the Time of Termination

When can an employer validly dismiss an employee? The Supreme Court clarifies the rules on just cause, due process, and burden of proof in illegal dismissal cases.

When Dismissing an Appeal for Missing a Memorandum Is Wrong: Sanico v. People

The Supreme Court ruled that a trial court cannot dismiss a criminal appeal solely for failure to file a memorandum, as this violates due process.

Counsel's Receipt of Motion for Execution as Notice of Decision: Due Process Implications

When a counsel receives a motion for execution referencing a decision, that receipt can serve as effective official notice of the decision, even without formal service.

Due Process and Administrative Investigations: The Limits of Certiorari

When can a government official question a show cause order through certiorari? The Supreme Court clarifies the limits of this remedy.

When Counsels Negligence Risks Conviction Balancing Client Responsibility AND DUE Process

Invalid Substituted Service of Summons and Due Process in Philippine Courts

Learn how defective substituted service of summons violates due process and voids judgments, based on Yuk Ling Ong v. Benjamin T. Co.

Compromise Agreements Upholding Due Process and Party Rights in Contractual Disputes

Philippine Supreme Court ruling clarifies due process and party rights in compromise agreements within contractual disputes.

Upholding Military Honor, Due Process, and Academic Freedom in PMA Dismissals

The Supreme Court affirms PMA's dismissal of a cadet for honor code violation, balancing military discipline with due process rights.