This case has been cited 3 times or more.
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2008-03-07 |
TINGA, J, |
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| The Court, therefore, rules and so holds that respondent has been adequately apprised of and heard on the issue. In administrative cases, the requirement of notice and hearing does not connote full adversarial proceedings. Actual adversarial proceedings only become necessary for clarification when there is a need to propound searching questions to witnesses who give vague testimonies. Due process is fulfilled when the parties were given reasonable opportunity to be heard and to submit evidence in support of their arguments.[33] | |||||
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2005-03-31 |
CORONA, J. |
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| Petitioner's assertion that there was no hearing (that he was deprived of the opportunity to be heard) is likewise without merit. Apparently, petitioner's concept of the opportunity to be heard is the opportunity to ventilate one's side in a formal hearing where he can have a face-to-face confrontation with the complainant. However, it is well-settled that, in administrative cases, the requirement of notice and hearing does not connote full adversarial proceedings.[14] | |||||
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2005-03-28 |
TINGA, J. |
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| The instant case filed by Catolico is an administrative case for grave misconduct against petitioner for the alleged robbery-holdup and mauling incident that took place on 22 December 1990. In resolving administrative cases, conduct of full-blown trial is not indispensable to dispense justice to the parties. The requirement of notice and hearing does not connote full adversarial proceedings.[49] Submission of position papers may be sufficient for as long as the parties thereto are given the opportunity to be heard. In administrative proceedings, the essence of due process is simply an opportunity to be heard, or an opportunity to explain one's side or opportunity to seek a reconsideration of the action or ruling complained of.[50] This constitutional mandate is deemed satisfied if a person is granted an opportunity to seek reconsideration of an action or a ruling.[51] It does not require trial-type proceedings similar to those in the courts of justice. Where opportunity to be heard either through oral arguments or through pleadings is accorded, there is no denial of procedural due process.[52] | |||||