This case has been cited 2 times or more.
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2015-01-21 |
CARPIO, J. |
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| WHEREFORE, respondent [Sen.] Estrada's Request to be Furnished with Copies of Counter-Affidavits of the Other Respondents, Affidavits of New Witnesses and Other Filings is DENIED. He is nevertheless entitled to be furnished a copy of the Reply if complainant opts to file such pleading.[8] (Emphases in the original) | |||||
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2011-10-05 |
LEONARDO-DE CASTRO, J. |
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| It is true that, in the past, this Court has held that the right to due process of a respondent in an administrative case was not violated if he was able to file a motion for reconsideration to refute the evidence against him. However, the instant case should be differentiated from Ruivivar v. Office of the Ombudsman,[41] which likewise involved the issue of administrative due process. In the said case, Ruivivar was found administratively liable for discourtesy in the course of her official functions and was meted the penalty of reprimand. In her motion for reconsideration, Ruivivar argued that she was deprived of due process because she was not furnished copies of the affidavits of complainant's witnesses. Thereafter, the Ombudsman ordered that Ruivivar be furnished with copies of the affidavits of the witnesses, with the directive for her to file any pleading that she may deem appropriate. As Ruivivar still opted not to controvert the affidavits that were belatedly provided to her, the Ombudsman ruled that her right to due process was not violated and her administrative liability was upheld. The Court affirmed the ruling of the Ombudsman, declaring that "the law can no longer help one who had been who had been given ample opportunity to be heard but who did not take full advantage of the proffered chance."[42] | |||||