Category Archives: Due Process

What damage can be demanded by the employee due to employer’s failure to follow the procedural requirement of two-notice rule?

Posted on March 8, 2015 by Erineus

Having found that respondents are regular employees who may be, however, dismissed for cause as we have so found in this case, there is a need to look into the procedural requirement of due process in Section 2, Rule XXIII, … Continue reading →

Posted in Due Process, Labor Law, Torts and Damages | Tagged , , | Leave a comment

The determination of issues during the pre-trial conference bars the consideration of other questions, whether during trial or on appeal

Posted on March 8, 2012 by Erineus

Petitioner claims that respondent’s non-presentation of the insurance contract or policy between the respondent and the consignee is fatal to its cause of action. We do not agree. First of all, this was never raised as an issue before the … Continue reading →

Posted in Appeal, Due Process, Pre-Trial, Pre-trial Conference, Preliminary Conference | Tagged | Leave a comment

The investigation conducted by the Office of the Ombudsman violated due process, inasmuch as it commenced its investigation by issuing the subpoena duces tecum without first furnishing petitioner with a summary of the complaint and requiring it to submit a written answer

Posted on February 18, 2012 by Erineus

With regard to the manner in which the investigation was conducted, petitioner asserts that the investigation conducted by the Office of the Ombudsman violated due process, inasmuch as it commenced its investigation by issuing the subpoena duces tecum without first … Continue reading →

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Is there denial of due process when there is a delay in the publication of impeachment rules?

Posted on December 21, 2011 by Erineus

In another vein, petitioner, pursuing her claim of denial of due process, questions the lack of or, more accurately, delay in the publication of the Impeachment Rules.           To recall, days after the 15th Congress opened on July 26, 2010 … Continue reading →

Posted in Constitutional Rights, Definitions, Due Process, Impeachment, Publication/Promulgation, Question and Answers | Tagged | Leave a comment