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CompiledConstiIIdigests People vs Andre (Finals) Marti
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Due process
Due Process Clause -
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The Court of Appeals in turn ruled that the dismissal of the petitioners was not illegal because t employment.
Alcuaz vs. PSBA, QC Branch VOL. 161 7 ISSUE: Whether or not procedures for dismissal were observed?
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No. L-76353 , MAY 2, 1988 SOPHIA ALCUAZ, MA. CECILIA ALINDAYU, BERNADETTE ANG, IRNA ANONAS, MA. REMEDIOS BALTAZAR, CORAZON BUNDOC, JOHN CARMONA, ANNA SHIELA DIÑOSO, RAFAEL ENCARNACION, ET AL., petitioners, vs. PHILIPPINE SCHOOL OF BUSINESS ADMINISTRATION, Quezon City Branch (PSBA), DR. JUAN D. LIM, in his capacity as President and Chairman of Board of Trustees of PSBA, ATTY. BENJAMIN P. PAULINO, etc., et al., respondents. FACTS: Petitioners are all bonafide students of the Philippine School of Business Administration, Quezon City. The students of the respondent school and the respondent PSBA, Q.C. had already agreed on certain matters which would govern their activities within the school. On the exercise of student‟s democratic rights, it has been agreed that protest actions can be conducted any day as long as they meet the following requirements: a) that they be held at the PSBA quadrangle from 12:30 pm to 1:00 pm only; b) that the protest action be removed to the PSBA parking lot if it will exceed the 1:00 time limit; c) that if the protest move exceeds 1:00 it will will be limited only up to 2:30 pm; d) However, before any action is taken the organizers of the protest action should secure a permit 6 days before, or if on the same day, it still be under the „first -come-first-served‟ -come-first-served‟ basis in the use of
HELD: No. Private respondent did not follow the notice requirements and instead argued that
addresses would have been useless because they did not reside there anymore. Unfortunately f not a valid excuse because the law mandates the twin notice requirements to the employee‟s las be held liable for non-compliance with the procedural requirements of due process. When the dismissal is for a just cause, the lack of statutory due process should not nullify the d ineffectual. However, the employer should indemnify the employee for the violation of his stat
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Soliven vs. Makasiar, 167 SCRA 393
No. L-82585, No. L-82827, No. L-83979 MAXIMO V. SOLIVEN, ANTONIO V. ROCES, FREDERICK K AGCAOLI, and GODOFR
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CompiledConstiIIdigests People vs Andre (Finals) Marti
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People v. Mahusay 282 SCRA 80
Larranaga v. CA 287 SCRA 581
G.R. No. 91483. November 18, 1997.* THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SAMUEL MAHUSAY y FLORES and CRISTITUTO PASPOS @ “TOTO” y CATARIG, accused-appellants.
G.R. No. 130644. March 13, 1998.* THE MINOR FRANCISCO JUAN LARRANAGA, Represented in this Suit by LARRANAGA, petitioner, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPP
FACTS: Six armed men barged into the Bughao residence and introduced themselves as members of the New People‟s Army.
FACTS; On September 15, 1997, some members of the Philippine National Police Crimin
After extinguishing the three oil lamps inside the house, they tied the arms and feet of Troadio Bughao, his wife and househelper Esmarlita Paspos, who is the sister of appellant Paspos. The group split in two, ransacked the cabinets, and cleaned out the premises of every valuable item they could carry. Bughao‟s daughter Maria Luisa (a.k .a. Marilou) was brought upstairs by three men who successively ravished her. The following day, the incident was reported to the police. A police team2 from the Integrated National Police Station of San Isidro, Leyte led by Sgt. Manuel Bughao was promptly dispatched to Sitio Sumakab, Barangay Inangatan, Tabango, Leyte to arrest the suspects. The police were able to recover from them a wall clock, cash amounting to P1,445.00, a ring and two caliber .38 paltik revolvers.During the investigation, appellants allegedly admitted responsibility for the crime charged. Considering, however, that the searching inquiry was done without the assistance of counsel, the trial court correctly disregarded the same. Appellants, on the other hand, invoke alibi as their defense and alleged that they went on a trip to Medellin, Cebu to visit the former‟s uncle.
went to the Center for Culinary Arts in Quezon City to arrest petitioner, albeit without warran immediately phoned his sister and brother-in- law. Petitioner‟s sister sought the aid of At Armovit, over the phone, dissuaded the police officers from carrying out the warrantless arres at the CIG headquarters in Camp Crame, Quezon City. The police officers yielded and r Petitioner, together with his sister and brother-in-law also went to the CIG headquarters aboard questioned the legality of the warrantless arrest before CIG Legal Officer Ruben Zacarias. A Legal Officer Zacarias ordered to stop the arrest and allowed petitioner to go home. Atty. writing that he and petitioner would appear before the Cebu City Prosecutor on Sept investigation. Petitioner Larranaga was charged with two counts of kidnapping and serious ill Cebu City. He was arrested and was detained without the filing of the necessary Information an alleged that he must be released and be subject to a preliminary investiga
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