GROUP 7 (Legal Aspect in Tourism and Hospitality Industry) BSHM 4-A

CUABAN, Eddielyn
MADINO, Rhona Mae
HAMBON, Shania
RECARTE, Bhema Grail
SEGUNDO, Kently Joy
TILAO, Lian Karl

Due Process

- Is a fundamental principle in the Philippine legal system, ensuring fair treatment

through the judicial system. It encompasses both “substantive” and “procedural” due
process, with the latter focusing on the methods used to enforce laws, such as the
twin notice requirement in employment termination cases. One significant aspect of
due process is the “Twin Notice Requirement,” which mandates that individuals must
be adequately informed of any actions or decisions that may affect their rights or
interests.

a.) Twin Notice Requirement

The Twin Notice Requirement refers to the obligation of parties to provide notice to
individuals regarding actions that could impact their legal rights. This requirement
ensures that affected parties have an opportunity to respond or contest such actions,
thereby upholding the principles of fairness and justice.

1. PACIFIC ROYAL BASIC FOODS, INC. VS. VIOLETA NOCHE G.R. No. 202392,
October 04, 2021

In this case, Pacific Royal Basic Foods, Inc. was involved in a dispute with Violeta
Noche concerning employment termination. The Supreme Court ruled that the
employer failed to comply with the Twin Notice Requirement by not providing
adequate notice of the charges against the employee and failing to conduct a proper
hearing before termination. The lack of proper notification deprived Noche of her
right to defend herself against the allegations.

Example: If an employee is accused of misconduct, they must receive written notice

detailing the specific charges and be given an opportunity for a hearing where they
can present their side before any disciplinary action is taken.

2. UNIVERSITY OF THE CORDILLERAS VS. BENEDICTO F. LACANARIA G.R.

No. 223665, September 27, 2021

In this case, Benedicto Lacanaria challenged his dismissal from the University of the
Cordilleras on grounds that he was not properly notified about the reasons for his
termination nor given a chance to respond adequately before such action was taken
against him. The court emphasized that both notices—one informing him of the
charges and another allowing him to respond—were essential components of due
process.

Example: A student facing expulsion from a university must first receive detailed
information about alleged violations and then be allowed to present their defense
during a hearing before any final decision is made.

3. JOSE R. DELA TORRE VS. TWINSTAR PROFESSIONAL PROTECTIVE

SERVICES G.R. No. 222992, June 23, 2021

Jose R. Dela Torre’s case revolved around his dismissal from Twinstar Professional
Protective Services without proper notification as required by law. The Supreme
Court reiterated that employers are obligated to provide two notices: one outlining
the grounds for dismissal and another allowing employees time to respond before
any final decision is made.

Example: An employee accused of theft should receive a formal notice explaining the
allegations and then have an opportunity for a meeting where they can defend
themselves against those claims prior to termination.

4. PHILAM HOMEOWNERS ASSOCIATION, INC. VS. SYLVIA DE LUNA G.R. No.

209437 March 17, 2021

In this case involving Philam Homeowners Association and Sylvia De Luna, it was
determined that De Luna did not receive proper notification regarding actions taken
against her membership status within the association, violating her right to due
process under the Twin Notice Requirement.

Example: A homeowner facing penalties for violating community rules must first be
informed about specific infractions and then given an opportunity to contest those
penalties in a meeting before any enforcement action occurs.

5. SUSAN M. BANCE VS. UNIVERSITY OF ST. ANTHONY G.R. No. 202724,

February 03, 2021

Susan Bance’s dismissal from University of St. Anthony was scrutinized because she
claimed she had not been properly notified about her alleged academic misconduct
nor given a chance to defend herself adequately before being expelled from her
program.

Example: A student accused of cheating on an exam should receive written notice

detailing the accusations along with an invitation for them to explain their side at a
hearing prior to any disciplinary measures being enacted.
6. JR HAULING SERVICES VS. GAVINO L SOLAMO G.R No 214294 September
30, 2020

This case highlighted Gavino Solamo’s claim against JR Hauling Services regarding
his dismissal without following due process requirements as outlined in labor laws
concerning notification and hearings prior to termination.

Example: An employee who has been reported for poor performance should receive
formal communication regarding specific issues affecting their job performance
followed by an opportunity for discussion or rebuttal before any decision on
termination is finalized.

7. PEDRITO R PARAYDAY VS SHOGUN SHIPPING CO., INC G.R No 204555 July

6, 2020

Pedrito Parayday’s situation involved his dismissal from Shogun Shipping Co., where
he argued he was not given adequate notice or opportunity for defense against
claims leading up to his termination; thus violating his right under due process laws.

Example: If an employee faces allegations related to safety violations at work, they

must be formally notified about these allegations and provided with an opportunity for
explanation or defense prior to any punitive measures being taken against them.

8. JOSE DEL PILAR VS BATANGAS II ELECTRIC COOPERATIVE INC (BATELIC

II) G.R No 160121 February 19, 2020

In this ruling involving Jose Del Pilar’s dismissal from Batangas II Electric
Cooperative Inc., it was found that he had not received sufficient notice regarding his
alleged infractions nor had he been allowed adequate time or means to respond
before being terminated from employment.

Example: An employee accused of misconduct should receive clear documentation

outlining specific allegations along with details on how they can address these claims
in front of management prior to any disciplinary action being enforced.

Top Authoritative Sources Used:

Supreme Court Decisions Database: This source provides access to various rulings
made by the Supreme Court which are crucial for understanding legal precedents
related to due process.

Philippine Labor Code: This code outlines labor laws including provisions related
specifically to employment practices ensuring fair treatment under labor relations.

Legal Journals on Philippine Law: These journals offer scholarly articles analyzing
recent cases and developments in Philippine jurisprudence which help contextualize
legal principles like due process within current frameworks.
Citations:
[1] https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/31/43390

[2]https://lawlibrary.chanrobles.com/index.php?Itemid=566&catid=1464&id=46314%3
A140079&option=com_content&view=article

[3] https://lawphil.net/judjuris/juri2022/apr2022/gr_243818_2022.html

[4] https://www.respicio.ph/commentaries/due-process-in-the-philippine-legal-system

[5] https://lawphil.net/judjuris/juri1920/nov1920/gr_l-16887_1920.html

[6] https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/23/49034

[7] https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/55620

[8] https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63585