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Lex Traditia |
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Nominal damages, allowed for violation of statutory due process. Court has discretion to determine amount. The violation of the petitioners’ right to statutory due process by the private respondent warrants the payment of indemnity in the form of nominal damages. The amount of such damages is addressed to the sound discretion of the court, taking into account the relevant circumstances. Considering the prevailing circumstances in the case at bar, we deem it proper to fix it at thirty thousand pesos (P30,000.00). We believe this form of damages would serve to deter employers from future violations of the statutory due process rights of employees. At the very least, it provides a vindication or recognition of this right granted to employees under the Labor Code and its Implementing Rules. (MAQUILING vs. PHILIPPINE TUBERCULOSIS SOCIETY, INC., G.R. No. 143384, February 4, 2005) Enter here for complete text. Download Supreme Court of the Philippines Jurisprudence here. Download Philippine Laws, Issuances and Circulars here. EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552,
RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
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