This case has been cited 3 times or more.
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2014-09-08 |
LEONEN, J. |
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| The procedure can be summarized in this manner. First, the employer must furnish the employee with a written notice containing the cause for termination. Second, the employer must give the employee an opportunity to be heard. This could be done either through a position paper or through a clarificatory hearing.[66] The employee may also be assisted by a representative or counsel. Finally, the employer must give another written notice apprising the employee of its findings and the penalty to be imposed against the employee, if any.[67] In labor cases, these requisites meet the constitutional requirement of procedural due process, which "contemplates notice and opportunity to be heard before judgment is rendered, affecting one's person or property."[68] | |||||
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2012-10-09 |
CARPIO, J. |
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| It is apropos to stress, as a reminder, that the Rules of Court is not a mere body of technical rules that can be disregarded at will whenever convenient. It forms an integral part of the basic notion of fair play as expressed in this Constitutional caveat: "No person shall be deprived of life, liberty or property without due process of law,"[99] and obliges this Court, as well as other courts and tribunals, to hear a person first before rendering a judgment for or against him. As Daniel Webster explained, "due process of law is more clearly intended the general law, a law which hears before it condemns; which proceeds upon enquiry, and renders judgment only after trial."[100] The principle of due process of law "contemplates notice and opportunity to be heard before judgment is rendered, affecting one's person or property."[101] Thus, this Court has stressed the strict observance of the following requisites of procedural due process in judicial proceedings in order to comply with this honored principle: (1) There must be a court or tribunal clothed with judicial power to hear and determine the matter before it; (2) Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings; (3) The defendant must be given an opportunity to be heard; and (4) Judgment must be rendered upon lawful hearing.[102] | |||||
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2009-01-20 |
TINGA, J. |
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| The due process guaranty has traditionally been interpreted as imposing two related but distinct restrictions on government, "procedural due process" and "substantive due process." Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property.[49] Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into the private sphere. Examples range from the form of notice given to the level of formality of a hearing. | |||||