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Showing 73–96 of 211 articles for “hearing”

Due Process in Employee Dismissal: The Meaning of "Ample Opportunity to Be Heard"

The Supreme Court clarifies that a formal hearing is not always required before dismissing an employee—what matters is a meaningful opportunity to be heard.

The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes

The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.

Enforcing Final Judgments: Accounting for Unlawful Rental Collection After Foreclosure

Philippine Supreme Court clarifies that final judgments may be executed even if the exact amount is unstated, allowing courts to conduct hearings for accounting.

Due Process in Employee Dismissal: Balancing Notice and Opportunity to Be Heard

Philippine Supreme Court clarifies the twin notice requirement in employee dismissal—opportunity to be heard, not actual hearing, is the essence of due process.

When a Judge Oversteps: Acting Without Authority and Denying Due Process

A judge who acts without authority as pairing judge and cites a party in contempt without hearing faces administrative liability.

Beyond Labels: Substance Prevails Over Form in Determining Legal Actions

A judge's procedural lapses in bail hearings show how courts look beyond labels to substance in determining legal liability.

When a Complaint Fails to State a Cause of Action: The Preliminary Hearing Remedy

Learn when a motion to dismiss for failure to state a cause of action should be heard before trial, based on a 2008 Supreme Court ruling.

Immediate Possession in Expropriation: Public Purpose Need Not Be Settled First

Supreme Court clarifies that in expropriation cases, a local government may take possession of property upon filing the case and depositing 15% of the tax value, without a prior hearing on public purp

Judicial Accountability When Haste Leads to Injustice in Granting Bail

A 2008 Supreme Court ruling reminds judges that bail in capital-offense cases requires notice, hearing, and evidence — not haste that defeats due process.

Due Process in Administrative Cases: Balancing Fairness and Efficiency in Police Disciplinary Actions

The Supreme Court clarifies that administrative due process does not require trial-type hearings, allowing PNP disciplinary actions to proceed on affidavits and position papers.

Due Process and Property Rights in Housing Programs: Lessons from Espinocilla v. Bagong Tanyag

The Supreme Court clarifies that due process in housing programs requires notice and hearing, not vested property rights from mere occupancy.

Due Process in Employment Termination: The Employer's Duty to Give Notice and Hearing

Philippine law requires two written notices before dismissing an employee for just cause. This case explains the rule.

Due Process in Dismissal: Written Notice and Hearing Requirements Explained

A look at the Supreme Court's ruling on procedural due process in employee dismissal and the limits of personal liability for corporate officers.

Direct vs Indirect Contempt: When Courts Must Hold a Hearing Before Punishing

The Supreme Court clarifies the difference between direct and indirect contempt, requiring due process and proper hearing before punishment.

Employer-Employee Relationship and Due Process in Labor-Only Contracting Cases

Philippine Supreme Court ruling on employer-employee relationships, probationary employment, and the twin requirements of notice and hearing in illegal dismissal cases.

When Foreclosure Looms Upholding Rights Despite Procedural Delays

A judge's premature order canceling bail without hearing amounts to simple misconduct, not gross ignorance of law.

Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119

When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.

Loss of Trust and Confidence: When Philippine Employers Can Validly Dismiss Employees

In Norsk Hydro v. Rosales, the Supreme Court upheld dismissal for loss of trust and confidence — but only with substantial proof and proper notice and hearing.

Due Process in Bail Hearings: Why Presenting Your Evidence Matters

A judge who denies the accused the right to present rebuttal evidence in a bail hearing violates due process. Learn the rules.

Due Process in Administrative Cases: Supreme Court Upholds Right to Hearing for Court Personnel

Philippine Supreme Court ruling on sheriff's administrative liability clarifies due process, procedural rights, and penalties for inefficiency, tardiness, and insubordination.

Judge Fined P21,000 for Gross Ignorance in Issuing Injunction Without Hearing

Supreme Court fines judge P21,000 for granting TRO extension and preliminary injunction without the mandatory summary hearing under Rule 58.

Overseas Worker Repatriation: Agency Duty and Due Process Explained

The Supreme Court clarifies that recruitment agencies must repatriate OFW remains without prior hearing, upholding RA 8042 rules.

Lost Votes Lost Mandates: Why Proper Comelec Rehearing Procedures Matter in Philippine Elections

A tied Comelec vote on a mayoral proclamation was resolved by "re-consultation" instead of a rehearing. The Supreme Court explains why procedure matters.

Lost in Translation: Why Accurate Publication Is Key to Philippine Naturalization

The Supreme Court denies naturalization where the notice of hearing omitted the applicant's witnesses' names—publication must be complete and accurate.