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Showing 433–456 of 1,136 articles for “due process”

Attorney Authority and Due Process After a Client's Death: Protecting Heirs' Rights

When a client dies mid-case, counsel's authority and the heirs' right to due process must be protected. The Supreme Court clarifies the rules.

Meralco's Disconnection Rights: Balancing Power Supply and Due Process

A look at the Supreme Court's ruling on when a power utility's right to disconnect for pilferage must yield to a consumer's right to due process.

Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio

Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.

Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases

Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.

When Heated Words Lead to Illegal Strikes: Balancing Free Speech and Order in Labor Disputes

Philippine Supreme Court ruling on gross negligence, serious misconduct, and due process in employee dismissal cases under the Labor Code.

Due Process vs Abandonment: Balancing Employee Rights in Termination Cases

Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.

Judicial Restraint Limits on Contempt Power and Due Process Rights

The Supreme Court fines a judge P40,000 for citing a driver in contempt over a parking space, stressing restraint and due process in contempt cases.

Abandonment of Work and Due Process: When Dismissal Is Valid but Still Costs the Employer

Philippine Supreme Court clarifies that abandoning work is a just cause for dismissal, but employers who skip the two-notice rule still pay nominal damages.

HRET Discretion vs Due Process: Protecting the Electorate's Will

When can the House Electoral Tribunal compel a candidate to continue a counter-protest? The Supreme Court explains the limits of judicial review.

Property Rights in Void Marriages: Due Process in Asset Partitioning

The Supreme Court clarifies that partition of property in void marriages requires full hearing and due process, not hasty execution.

Probationary Employment Security of Tenure and Due Process Rights in the Philippines

The Supreme Court clarifies that probationary employees in the civil service enjoy security of tenure and due process rights, and cannot be dismissed at will.

Due Process in Election Appeals: The 30-Day Rule for COMELEC Petitions

The Supreme Court clarifies the 30-day filing period for appeals from COMELEC rulings, emphasizing strict compliance in election cases.

When Counsel's Gross Negligence Can Win a Client a New Trial

The Supreme Court explains when a lawyer's gross negligence deprives a client of due process and justifies a new trial.

Dismissal for Loss of Trust and Confidence: Clear Proof and Due Process Are Essential

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, requiring clear evidence and proper procedure.

Writ of Possession Limits: When Third-Party Adverse Claims Block Foreclosure Ejectment

A bank cannot use an ex parte writ of possession to eject third parties claiming adverse ownership of foreclosed property; due process requires a full hearing.

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

Upholding Due Process in Termination: Nominal Damages for Procedural Lapses

When dismissal has just cause but lacks due process, employers pay nominal damages. Learn the twin notice rule.

Just Cause vs Due Process: What Bacolod-Talisay Realty Teaches About Employee Dismissal

Philippine Supreme Court ruling on dismissal with just cause but defective procedure, explaining nominal damages for employees.

Can a Club Sell a Member's Share for Unpaid Dues? The Valley Golf Rule

When can a non-stock corporation sell a member's share for unpaid dues? The Supreme Court explains the limits of by-laws, liens, and due process.

Due Process and Good Faith: When Clubs Cannot Foreclose on Membership Shares

Supreme Court rules a non-stock club's sale of a member's share for unpaid dues violated due process and good faith.

Loss of Confidence in Philippine Labor Law: When Employers Must Prove Just Cause

Philippine Supreme Court clarifies when employers may dismiss for loss of confidence and what due process requires in termination cases.

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.

Upholding Ethical Conduct When Court Employees Lie, Cheat, or Defraud

A Philippine Supreme Court ruling on dismissing employees for dishonesty and loss of trust, and what it means for due process in termination cases.

Dismissal Due Process: Employee Rights to Notice and Hearing Before Termination

Philippine law requires two notices before dismissal, but a formal hearing is not always mandatory. Learn the rules.