G.R. No. 212593-94 – 783 Phil. 304 – Political Law – Constitutional Law – Due Process – Preliminary Investigation; No right to cross examine witnesses Due to information from whistleblowers (Benhur Luy, Marina Sula, and Merlina Suñas), Jessica Lucila Reyes, Janet Lim Napoles, Ruby Tuason, and others were investigated by […]
due process
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G.R. No. 170512 – 674 Phil. 416 – 658 SCRA 626 – Political Law – Constitutional Law – Bill of Rights – Due Process; Administrative Due Process – Opportunity to be heard; Right to confront witnesses In 2001, Jaime Acero filed a complaint against Antonio Reyes and Angelito Peñaloza. Reyes […]
G.R. No. 114129 – 331 Phil. 838 – 263 SCRA 53 – Political Law – Constitutional Law – Bill of Rights – Due Process; Due Process in the Dismissal of Employees – No right to cross-examine; Hearing not mandatory – Opportunity to be heard Jeremias Cortez, Jr. was hired as […]
G.R. No. 184869 – 645 Phil. 282 – Political Law – Constitutional Law – Bill of Rights – Due Process; Judicial Due Process – Right to Be Heard Civil Law – Law on Property – Inalienable Land In 1958, President Carlos Garcia declared the Central Mindanao University as the owner […]
G.R. No. 212140-41 – 751 Phil. 821 – 748 SCRA 1 – Political Law – Constitutional Law – Bill of Rights – Due Process; Judicial Due Process – Preliminary Investigation; No right to cross-examination witnesses In December 2013, the Ombudsman, in the conduct of a preliminary investigation, subpoenaed Sen. Jinggoy […]
G.R. No. 257401 / G.R. No. 257916 – Political Law – Constitutional Law – The Legislative Department – Inquiry in Aid of Legislation – Senate’s Contempt Power Must be Exercised with Due Process **This case was consolidated with Michael Yang vs Senate Committee on Accountability of Public Officers and Investigations […]
G.R. No. 242957 – 937 Phil. 148 – Remedial Law – Special Proceedings – Special Writs – Petition for Writ of Habeas Corpus – When not proper; Not proper to question administrative warrants Political Law – Constitutional Law – Bill of Rights – Right to Liberty – Writ of Habeas […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 118882 September 26, 1996 PEOPLE OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS, HON. PEDRO S. ESPINA, CRISTETA REYES, JOHNY SANTOS, ANTONIO ALEGRO, ROGELIO MENGUIN, PETE ALVERIO, ROGEN DOCTORA and JANE […]
G.R. No. L-68288 – 226 Phil. 596 – 142 SCRA 699 – Political Law – Bill of Rights – Due Process – Due Process in Educational Institutions In 1984, Diosdado Guzman and two others complained that the National University (NU) barred them from enrolling in the said university. NU argued […]
212 U.S. 449 (41 Phil. 935) – Civil Law – Land Titles and Deeds – Ancestral Domain – Ancestral Land Claim Political Law – Regalian Doctrine – Due Process – Property Rights In 1903, Mateo Cariño filed a petition for him to be granted a certificate of title over a 40 hectare land […]
G.R. No. 127553 – 346 Phil. 1014 – 282 SCRA 326 – Labor Law – Post-Employment – Termination; Due Process – Just Causes Political Law – Constitutional Law – Bill of Rights; Right to Counsel In June 1995, the security guards of N.C. Construction Supply caught an employee stealing from the […]
Taxation Law – Due Process Requirement In November 1998, the Bureau of Internal Revenue, through one of its Revenue District Office conducted a tax investigation on the books of accounts of A. Brown Co., Inc. (ABCI) for the period of 1997. The examiner found that ABCI is liable for a […]
G.R. No. L-14078 – 39 Phil. 660 – Political Law – Basic Principles – Due Process of Law – Religious Discrimination In 1917, the Manguianes (Mangyans) of Mindoro were ordered by the governor to stay within an established reservation in Tigbao, Mindoro. The Mangyans were ordered to stay in the […]
Judicial Due Process vs Administrative Due Process Due process of law in administrative cases is not identical with “judicial process” for a trial in court is not always essential to due process. While a day in court is a matter of right in judicial proceedings, it is otherwise in administrative […]
They are: (a) that the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it; (b) that jurisdiction is lawfully acquired by it over the person of the accused; (c) that the accused is given an opportunity to be heard; […]
G.R. No. 179813 – 595 Phil. 479 – Political Law – Due Process – Administrative Bodies – HRET – Service of Summons Datu Pax and Montilla were rivals in the Congressional elections in 2007. Datu Pax won the elections. Montilla contested the results of the elections before the HRET. […]