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Showing 313–336 of 1,126 articles for “due process”

Due Process in Employee Dismissal: Nominal Damages for Procedural Lapses

Philippine Supreme Court clarifies that dismissing an employee for just cause still requires procedural due process, or the employer pays nominal damages.

Breach of Trust vs Due Process: When Dismissed Employees Get Separation Pay in the Philippines

Philippine Supreme Court clarifies when validly dismissed employees may receive separation pay, distinguishing just causes under Article 282 of the Labor Code.

Upholding the Ombudsman's Authority: Enforceability of Decisions Pending Appeal in the Philippines

Philippine Supreme Court clarifies when Ombudsman decisions remain enforceable despite pending appeals, balancing administrative discipline with due process.

When the Charge and Conviction Differ: Estafa, Due Process, and the Information

The Supreme Court explains when a conviction for estafa under a different paragraph than charged is valid, and why the facts in the Information matter most.

Mistake vs Misconduct in Employee Dismissal: Due Process in Philippine Labor Law

When is an employee's honest mistake a valid ground for dismissal? The Supreme Court clarifies the line between error and misconduct.

Dismissal for Dishonesty Upheld: PAGCOR Dealers' Craps Fraud Case

Supreme Court reinstates dismissal of PAGCOR dealers for serious dishonesty in rigged craps game, clarifying administrative due process rules.

Just Cause vs. Due Process: Supreme Court on Employee Dismissal and Company Procedure

When is a dismissal valid despite procedural lapses? The Supreme Court clarifies just cause, due process, and nominal damages in labor cases.

Tax Sales and Due Process: Protecting Property Rights in the Philippines

Learn how Philippine courts protect landowners from defective tax sales and uphold due process in property forfeiture cases.

Breach of Company Policy in Employee Termination: Due Process Lessons from SURNECO v. Gonzaga

A Philippine Supreme Court ruling shows that violating your own company procedure during dismissal can cost an employer P30,000 in nominal damages even if the dismissal is valid.

Teacher Discipline and Due Process: Grave Misconduct in Philippine Schools

A teacher's physical punishment of a student constitutes grave misconduct, but mitigating factors can temper the penalty of dismissal.

Separation Pay and Due Process in Valid Dismissals: Lessons from Unilever v. Rivera

The Supreme Court clarifies when separation pay is due to validly dismissed employees and the procedural due process required in termination cases.

Judicial Overreach Limits on Agrarian Reform Adjudicators and Due Process

A lawyer-adjudicator's suspension for issuing writs of possession before an appealed order became final, violating due process and DARAB rules.

Due Process in Philippine Election Protests: Ensuring Fair Notice and Participation

Philippine election protest rules require due process—fair notice and participation—before any electoral outcome is overturned.

Breach of Public Trust: When Dismissal in Government Service Fails Due Process

A Supreme Court ruling on why a government employee's dismissal for insubordination was void for violating due process requirements.

Upholding Comelec's Discretion: Balancing Electoral Integrity and Due Process in Special Elections

The Supreme Court affirms Comelec's broad discretion in conducting special elections after failure of elections, balancing integrity against due process concerns.

Upholding Due Process: Strict Requirements for Substituted Service of Summons in the Philippines

Learn the strict rules for substituted service of summons in Philippine civil cases, based on the Supreme Court's ruling in Chu v. Mach Asia Trading Corporation.

Contempt of Court: Safeguarding Due Process in Indirect Contempt Proceedings

The Supreme Court fined a judge P10,000 for ordering a litigant jailed for indirect contempt without a written charge, an opportunity to comment, or a hearing.

Contempt of Court: Why Due Process Matters in Indirect Contempt Proceedings

A judge was fined for summarily holding a litigant in contempt without the required charge and hearing under Rule 71.

Judgment in Absentia: Balancing Due Process and Timely Justice in Philippine Law

The Supreme Court clarifies when judgment in absentia is valid, the limits of appeal, and how courts correct illegal penalties despite finality.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Annulment of Judgment Protects Due Process in Property Disputes

Supreme Court clarifies that failure to state "extrinsic fraud" verbatim does not doom a petition for annulment of judgment.

Annulment of Judgment: Extrinsic Fraud and Due Process in Property Disputes

When a property owner loses title without notice, annulment of judgment may lie. The Supreme Court clarifies extrinsic fraud and due process rules.

Anonymous Complaints Against Judges: Evidence Rules and Due Process in Administrative Cases

The Supreme Court clarifies when anonymous complaints against judges may prosper and how due process protects judges in administrative proceedings.

Due Process vs Valid Dismissal: Balancing Employee Rights and Employer Authority in Termination Cases

The Supreme Court clarifies the requisites for valid retrenchment, distinguishing authorized causes from procedural due process in termination cases.