The Flipside of That Wonderful Legal Remedy - Due Process

Article excerpt

THE interpretation of due process, as we know it, may shock people in other countries, particularly, America, from whom the original meaning of due process was handed down to us.

Here are examples of our due process:

A few years ago, a balikbayan had to come home to sue a tenant who had not paid the rent for over six months.

In America, he said, a landlord calls the police by phone to complain about a delinquent tenant and gets immediate action. The police gives the tenant a week or so to pay up or leave his things behind and get out.

Here, our friend had to go to court. All the judge had to do was to ask the tenant for rental payment receipts. That could be determined in a single hearing: no receipt would mean eviction.

It took our friend and his lawyer one year of waiting for the judge to finally hand down his decision. The delinquent finally moved out. He did not pay one centavo of his arrears. Our friend knew better than to file a collection suit.

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Two years ago, a company signed a refrigeration mean to a six-month contract with the stipulation that he could be dismissed any time within the six months if his service was unsatisfactory.

His first job was to fix a freezer. He could not fix it after two weeks. (It was repaired within hours subsequently by another refrigeration man). …