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Showing 337–360 of 1,126 articles for “due process”

Due Process in Termination: Balancing Employer Rights and Employee Protection

Philippine Supreme Court ruling on due process in employee termination, balancing employer rights with constitutional protection of workers.

Disqualification of Candidates: COMELEC’s Authority and Due Process Rights

The Supreme Court nullified COMELEC’s disqualification of a candidate, ruling the en banc acted without jurisdiction and violated due process.

Safeguarding Due Process: Annulment of Judgment for Excess Interest Rates

A default judgment granting 5% monthly interest when only 12% per annum was prayed for violates due process and may be annulled.

Upholding DUE Process Effectivity OF Counsel Withdrawal AND THE Implications ON Timely Appeals

Gross Negligence of Counsel Can Reopen Litigation to Protect Due Process

When counsel's gross negligence denies a client his day in court, the litigation may be reopened to protect due process.

Due Process in Homeowners Association Expulsions: Lessons from Arroyo v. Rosal Homeowners Association

Supreme Court clarifies due process requirements for homeowners association expulsion and eviction under the Community Mortgage Program.

School Discipline and Due Process: Balancing Rights in Fraternity Membership Cases

The Supreme Court clarifies due process standards in student discipline, affirming schools' authority to penalize fraternity membership.

When Due Process Is Denied: Judge Fined for Ignoring Indispensable Parties and Legal Procedures

A Supreme Court administrative case shows how a judge was fined for ignoring indispensable parties, skipping summons rules, and violating notice requirements.

Upholding Due Process in Administrative Cases: The Standard of Substantial Evidence

The Supreme Court clarifies that administrative liability requires substantial evidence of wrongdoing, not mere presumption or opportunity to commit an offense.

Illegal Dismissal: Employer Must Prove Just Cause AND Due Process in Termination

Philippine Supreme Court clarifies that terminating an employee requires both substantive and procedural due process; failure in either makes dismissal illegal.

Strained Relations in Employment: Separation Pay as an Alternative to Reinstatement

Philippine Supreme Court ruling on illegal dismissal, due process, and when separation pay replaces reinstatement due to strained relations.

Due Process in Administrative Cases: When Formal Hearings Are Not Required

The Supreme Court clarifies that formal hearings are not always required in administrative cases, as long as the respondent is given an opportunity to be heard.

Due Process in Administrative Cases: The Melendres Doctrine on Formal Hearings

When is a formal hearing required in administrative cases? The Supreme Court clarifies due process rules for government officials facing charges.

Due Process in Administrative Cases: When a Formal Hearing Is Not Required

The Supreme Court clarifies that due process in administrative cases does not always require a full formal hearing, as long as the respondent is given an opportunity to be heard.

Unexplained Wealth Forfeiture of Illegally Acquired Properties Under Philippine Law

The Supreme Court explains how forfeiture of unexplained wealth works under RA 1379, including due process rights and the finality of judgments.

Due Process in Employee Dismissal: The Two-Notice Rule and Employer Obligations

Learn the two-notice rule in Philippine labor law and how the Supreme Court applied it to probationary employees in Carvajal v. Luzon Development Bank.

Judicial Accountability: Timeliness and Due Process in Summary Proceedings

A Supreme Court administrative case shows how judges may be fined for undue delay in summary proceedings, while clarifying what does not violate due process.

Suspension OF Public Officials Ensuring DUE Process IN Anti Graft Cases

Due Process in Public Bidding: When Undisclosed Bid Floors Violate Fair Procedure

Philippine Sports Commission v. Dear John Services clarifies that undisclosed bid floors violate due process and transparency in government procurement.

Due Process Demands Judges Act on Cases: Gross Ignorance of Law Ruling

A judge who lets a contempt petition sit idle faces sanctions. The Court explains why judges must move cases forward.

Safeguarding Due Process: The Right to Be Heard in Contempt Cases

A Supreme Court ruling clarifies that indirect contempt proceedings require a full hearing and the opportunity to be heard, not just written pleadings.

Revival of Proceedings Ensuring Fair Trial Rights Despite Procedural Technicalities

Supreme Court rules courts must relax procedural rules in contempt cases to protect due process and fair hearing rights.

Habitual Tardiness and Misconduct: When Repeated Infractions Justify Dismissal

Philippine Supreme Court ruling on when habitual tardiness, absenteeism, and insubordination justify dismissal, and the price of skipping due process.

Drug Testing in the Workplace: Employer Rights vs Employee Rights and Due Process

Philippine Supreme Court ruling on drug testing in the workplace, balancing employer rights, employee rights, and due process in dismissal cases.