This case has been cited 2 times or more.
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2013-08-07 |
DEL CASTILLO, J. |
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| The Court can only imagine how the relationship between Ang and respondents deteriorated to a point where both parties began treating each other with disrespect and hostility, subjecting each other to indignities and resentful acts, thus making the store an insufferable place to be in for respondents, who are mere employees and as such were placed constantly under the mercy of petitioner. But it must be emphasized that this situation was not brought about by respondents; it appears without dispute that it was Ang who started treating the respondents unfairly and oppressively. Respondents' reaction to their employer's oppressive conduct may be explained within the context of human nature and the need to defend oneself against constant abuse. Respondents have stayed long with Ang with no apparent derogatory record San Joaquin since 1974, while Fernandez was employed in 1982 that they must be credited with good faith. They merely reacted to the unfair treatment they received from their employer after being called to testify against him in a criminal trial. "Our norms of social justice demand that we credit employees with the presumption of good faith in the performance of their duties, especially (where the employees have served the employer for so long) without any tinge of dishonesty."[50] | |||||
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2008-10-10 |
REYES, R.T., J. |
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| The essence of due process in administrative proceedings is an opportunity to explain one's side or an opportunity to seek reconsideration of the action or ruling complained of.[34] During the proceedings before the Ombudsman, Galicia filed a Counter-Affidavit, Rejoinder-Affidavit, Comment on the Certification of the CCPC Registrar, and a Rejoinder to Reply. He also submitted documents in support of his contentions. Likewise, there is no indication that the proceedings were done in a manner that would prevent him from presenting his defenses. Verily, these suffice to satisfy the requirements of due process because the opportunity to be heard especially in administrative proceedings (where technical rules of procedure and evidence are not strictly applied) is not limited to oral arguments. More often, this opportunity is conferred through written pleadings that the parties submit to present their charges and defenses.[35] | |||||