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Showing 697–720 of 1,126 articles for “due process”

Property Rights vs Self-Help: Landowners Cannot Evict Holdover Tenants Without Due Process

Philippine Supreme Court ruling on accion reinvindicatoria, property identification, and the limits of self-help in land disputes.

Insufficient Evidence and Due Process When Accusations Fail to Convict

A corporate officer's conviction under the Bouncing Checks Law requires proof of written notice of dishonor actually received by the accused.

Due Process in Motion Hearings: When a Judgment Cannot Bind a Non-Party

A Supreme Court ruling clarifies that courts cannot bind non-parties to judgments, even in motion hearings, without due process.

Demolition Orders and Property Rights: Balancing Possession and Due Process in Unlawful Detainer Cases

Philippine Supreme Court ruling on demolition orders in unlawful detainer cases, protecting property rights and due process.

Probationary Employment Termination Requires Just Cause AND Due Process

Probationary employees enjoy security of tenure. Employers must prove just cause and observe due process when terminating them.

Due Process in Administrative Cases: Independent Assessment Before Dismissal

Philippine Supreme Court ruling on administrative due process: disciplining authorities must independently assess facts and law before imposing dismissal.

Probationary Employment: Just Cause and Due Process in Termination

Philippine Supreme Court clarifies rules on terminating probationary employees—just cause and due process requirements explained.

Due Process Prevails: Substantial Amendment to Information Requires New Preliminary Investigation

Supreme Court rules substantial amendments to criminal informations require new preliminary investigation to protect accused's due process rights.

Preliminary Investigation After Substantial Amendment: Due Process in Amended Criminal Charges

When can prosecutors amend criminal charges without a new preliminary investigation? The Supreme Court clarifies the due process rule.

Morality vs Constitutionality: Manila's Ermita-Malate Ordinance Struck Down

The Supreme Court nullified Manila Ordinance No. 7783 banning motels and similar establishments in Ermita-Malate, ruling it violated due process and property rights.

DUE Process Imperative Mandatory Injunctions Require Notice AND Hearing

PPA Rate Increases and Due Process: What Shipping Lines Should Know

The Supreme Court clarifies when notice and hearing are required for port rate increases by the Philippine Ports Authority.

Property Rights and Due Process: Lessons from Barcenas v. Tomas on Appeals and Co-Ownership

A Supreme Court ruling reminds property owners that procedural rules on appeals are strict, and that a co-owner may validly sell an undivided share without the consent of the others.

Police Misconduct Due Process: Navigating Administrative Dismissals in the Philippines

Learn how the Supreme Court handles police misconduct cases, due process in administrative dismissals, and jurisdiction under RA 6975.

Due Process in Retrenchment: Balancing Employer Prerogative and Employee Rights

Philippine Supreme Court clarifies the distinction between just and authorized causes in dismissal, and the penalties for violating notice requirements.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Balancing Attorney Conduct: Upholding Dignity While Protecting Due Process in Legal Practice

SC ruling clarifies that pending criminal cases do not automatically warrant lawyer suspension, but offensive language against opposing counsel remains sanctionable.

Strikes at Sea: Balancing Seafarer Rights and Disciplinary Procedures in Maritime Employment

Philippine Supreme Court ruling on seafarer dismissal for joining a strike, emphasizing due process in maritime disciplinary procedures.

Voluntary Resignation vs Illegal Dismissal: Protecting Seafarer Rights in Philippine Labor Law

When is a seafarer's sign-off voluntary resignation or illegal dismissal? The Supreme Court clarifies the rules on termination and due process.

Upholding Union Democracy: Illegal Suspensions, Elections, and Financial Transparency

Supreme Court affirms penalties for union officers who suspended members without due process, held premature elections, and failed to render financial reports.

Due Process and Teacher Discipline: Waiver Through Estoppel in Huertas v. Gonzalez

Teacher who agreed to affidavit-based investigation cannot later challenge committee composition on due process grounds.

Retrenchment and Due Process: Balancing Employer Rights and Employee Protection in Economic Downturns

The Supreme Court clarifies retrenchment rules under the Labor Code, including notice requirements and separation pay, in Cajucom v. TPI Philippines.

When Actions Speak Louder: Trust, Dishonesty, and Due Process in Employment Termination

A Supreme Court ruling on simple misconduct in the judiciary, explaining why good faith actions can still violate trust and lead to suspension.

Loss of Trust and Due Process: Employer Liability for Dismissal Violations in the Philippines

The Supreme Court clarifies when loss of trust justifies dismissing a managerial employee and what damages apply when procedural due process is breached.