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Showing 745–768 of 1,126 articles for “due process”

Sheriffs Duty Balancing Expediency AND DUE Process IN Executing Money Judgments

Explore the Supreme Court's ruling on the delicate balance between a sheriff's duty to execute judgments promptly and the requirement of due process.

COMELEC Cannot Motu Proprio Cancel a Candidate’s Certificate of Candidacy: Cipriano v. COMELEC

The Supreme Court rules COMELEC cannot cancel a certificate of candidacy motu proprio without notice and hearing, safeguarding due process in election cases.

DUE Process AND Foreclosure Upholding Ministerial Duty IN Writ OF Possession

Challenging Anti-Graft Law: Balancing Due Process and Public Accountability

The Supreme Court upholds Section 5 of RA 3019 against vagueness challenges, clarifying rules on repetitive motions, prescription, and immunity.

Deregulation and Due Process: The NTC's Authority Over SMS Regulation

In Globe Telecom v. NTC, the Supreme Court struck down a fine on Globe for offering SMS without prior approval, exposing the regulator's confusing rules.

Doubt AND DUE Process Reassessing Convictions Based ON Inconsistent Testimony IN Rape Cases

When Can a Local Government Close a Business? Due Process Limits on Municipal Power

The Supreme Court clarifies that municipalities may regulate businesses through closure only with due process, even when taxes are unpaid.

Safeguarding Due Process: The Imperative of Fair Preliminary Investigations in Philippine Law

A lawyer's suspension for issuing worthless checks underscores the continuing duty of good moral character and the importance of fair preliminary investigations.

Upholding Due Process: Water Service Disconnection Requires Fair Notice

Philippine Supreme Court rules that water service disconnection without prior notice violates due process and can result in damages under Article 19 of the Civil Code.

The Right to Be Heard: Due Process in Judicial Proceedings

A judge who grants a motion without notice violates due process. This case explains the rule on notice and hearing.

Contempt OF Court Balancing Judicial Authority AND THE Right TO DUE Process IN Preliminary Investigations

Due Process and the Duty to Object Timely in Presenting Evidence

Learn when a court may admit evidence without your comment, and why silence can waive the right to object.

Due Process and the Right to Present Evidence: Lessons from People v. Oga

The Supreme Court acquits a rape accused, showing how the prosecution must prove force and intimidation beyond reasonable doubt.

Contempt of Court: Due Process and the Authority of Judicial Orders in Family Disputes

The Supreme Court clarifies that indirect contempt requires a full hearing, reaffirming due process rights even when court orders are defied.

Indirect Contempt and Due Process: The Notice and Hearing Requirement

The Supreme Court clarifies that indirect contempt requires written charges and an opportunity to be heard, but not a full trial.

Judicial Ethics Upholding Impartiality AND DUE Process IN Court Proceedings

Due Process and Postponements: Understanding Court Discretion in Philippine Litigation

How Philippine courts balance due process and judicial discretion in postponement requests, with practical guidance for litigants.

Probable Cause and Due Process: When a Judge’s Contempt Power Becomes Grave Abuse

A Supreme Court ruling on a judge’s arrest of a traffic enforcer clarifies the limits of contempt power and due process.

Illegal Dismissal and Abandonment: What Employers Must Prove in Philippine Labor Cases

Philippine Supreme Court clarifies abandonment and due process requirements in illegal dismissal cases, protecting employee rights under the Labor Code.

Illegal Dismissal and Employer-Employee Relationship in Philippine Labor Law

Learn how the Supreme Court protects employee rights in illegal dismissal cases, including the employer-employee relationship test and due process requirements.

Possession and Due Process: Protecting Third-Party Rights in Foreclosure Proceedings

Supreme Court rules an ex-parte writ of possession cannot eject third-party possessors not in privity with the mortgagor.

Due Process in Arraignment: The Right to Counsel and Valid Pleas in Philippine Courts

When a judge rushes an arraignment without counsel, the guilty plea is void. This case explains the mandatory rules.

Right TO Counsel AND DUE Process Ensuring A Fair Trial IN Criminal Cases

Due Process in Death Penalty Cases: Waiver of Right to Present Evidence

When can a court deem an accused to have waived the right to present evidence? The Supreme Court explains the due process limits.