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Showing 169–192 of 211 articles for “hearing”

No Bail Hearing A Judge's Costly Mistake and Your Rights in Philippine Criminal Procedure

A judge who grants bail in a capital offense without a hearing commits gross ignorance of the law. Learn your rights.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Upholding Election Integrity Consequences OF Judicial Errors AND Gross Ignorance OF THE LAW

A judge's mishandling of a bail hearing in a murder case leads to a fine for gross ignorance of the law.

Fatal Motion Flaws: Notice of Hearing and Preserving Appeal Rights in Philippine Courts

A motion without notice of hearing is a "scrap of paper" that won't stop the appeal clock—learn the rules from PCIBank v. Court of Appeals.

PEZA Cannot Cancel Lease Contracts Without Due Process: The Saffirou Ruling

The Supreme Court ruled that PEZA's unilateral cancellation of a lease agreement without hearing violates due process and may be enjoined by courts.

Bail in Capital Offenses: The Mandatory Hearing Requirement

Philippine Supreme Court ruling explains why judges must hold a hearing before granting bail in capital offenses like rape.

Jurisdictional Threshold Resolving Agrarian Disputes in Ejectment Cases

Philippine Supreme Court clarifies when ejectment cases must be referred to agrarian courts, and the importance of hearing jurisdictional issues.

Due Process in Administrative Dismissal: Fair Opportunity to Respond in PNP Cases

The Supreme Court clarifies that due process in administrative cases requires notice and an opportunity to explain, not a full trial-type hearing.

Due Process and Judicial Conduct: When Speedy Action Becomes Abuse of Authority

A judge who ruled on a motion before the scheduled hearing was fined for violating due process. Learn the rules on notice and hearing.

Due Process in Bail Applications: The Mandatory Hearing for Capital Offenses

Bail in capital offenses requires a mandatory hearing to determine if evidence of guilt is strong. Learn the rules from Narciso v. Sta. Romana-Cruz.

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

Balancing Justice and Procedure When Technical Rules Give Way

When a defective notice of hearing cost a man his appeal and his liberty, the Supreme Court showed when technical rules must yield to substantial justice.

Positive Identification and Witness Competency in Rape with Homicide Cases

How the Supreme Court affirmed that a witness with hearing and intellectual impairments can provide credible testimony in rape with homicide prosecutions.

When Can a Judge Be Held Liable for Granting Bail: Key Lessons from Goodman v. De la Victoria

A judge who grants bail without a real hearing may face administrative liability. Learn the rules from a Supreme Court ruling.

Safeguarding Due Process in Election Proclamation Disputes: The Importance of Notice and Hearing

Learn how the Supreme Court protects due process in election contests, emphasizing notice and hearing before proclamation.

Extradition and Due Process: Balancing Treaty Obligations and Individual Rights in the Philippines

The Supreme Court ruled that a prospective extraditee enjoys basic due process rights—notice and hearing—even during the executive evaluation stage of extradition proceedings.

Due Process in Elections: When COMELEC Cannot Invalidate Votes

The Supreme Court nullified COMELEC's cancellation of a candidate's nickname votes for lack of notice and hearing, reaffirming due process in election cases.

Due Process in Employee Dismissal: Notice and Hearing Requirements in the Philippines

Philippine Supreme Court ruling on due process in employee dismissal, appeal bonds, and finality of labor arbiter decisions.

Partnership Dissolution and Receivership: Protecting Assets in Business Disputes Under Philippine Law

Philippine Supreme Court explains when receivership is proper after partnership dissolution, and why due process requires hearing all affected parties.

Safeguarding Justice: The Indispensable Role of Bail Hearings in Kidnapping Cases in the Philippines

Philippine Supreme Court ruling explains why bail hearings are mandatory in kidnapping cases, protecting both the accused's rights and the State's interest.

Bail Hearings Are Non-Waivable: Upholding Due Process in Philippine Criminal Procedure

The Supreme Court reaffirms that bail hearings in capital offenses are mandatory and cannot be waived, dismissing a judge who granted bail without one.

Challenging Real Property Tax Ordinances: Public Hearings and Publication Requirements

Learn how Philippine courts handle challenges to real property tax ordinances, including public hearing and publication requirements under the Local Government Code.

Due Process in Agrarian Reform: Ensuring Fair Land Distribution in the Philippines

The Supreme Court ruled that DAR must observe due process before issuing CLOAs, affirming that beneficiaries deserve notice and hearing.

Due Process in Labor Disputes: What Pepsi Cola v. NLRC Teaches About Fair Hearings

Philippine Supreme Court clarifies that due process in labor cases means notice and opportunity to be heard, not endless chances to submit pleadings.