Propertyusedorintendedtobeusedas

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Unformatted text preview: ne’s defense. “To be heard” does not always mean verbal arguments in court. One may be heard also through pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of due process (Zaldivar v. Sandiganbayan, G.R. No. L‐ 32215, Oct. 17, 1988). Note: The meetings in the nature of consultations and conferences cannot be considered as valid substitutes for the proper observance of notice and hearing (Equitable Banking Corporation v. NLRC, G.R. No. 102467, June 13, 1987). 3. Constitutional and Statutory Due Process Q: Differentiate constitutional due process from statutory due process. A: Constitutional due process Protects the individual from the government and assures him of his rights in criminal, civil or administrative proceedings Statutory due process While found in the Labor Code and Implementing Rules protects employees from being unjustly terminated without just cause after notice and hearing (Agabon v. NLRC, G.R. No. 158693, November 17, 2004) 4. Hierarchy of Rights Q: Is there a hierarchy of constitutional rights? POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS 1. A: Yes. While the Bill of Rights also protects property rights, the primacy of human rights over property rights is recognized. Property and property rights can be lost thru prescription; but human rights are imprescriptible. In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a preferred position as they are essential to the preservation and vitality of our civil and political institutions (Philippine Blooming Mills Employees Organization v. Philippine Blooming Mills Co., Inc., G.R. No. L‐ 31195 June 5, 1973). 2. Q...
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This document was uploaded on 03/12/2014.

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