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    Po2 Ruel C. Montoya, G.R. No. 180146

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    Noelle Therese Gotidoc Vedad
    This document discusses the principles of due process that must be observed in administrative proceedings. It summarizes that while administrative proceedings have less stringent procedural rules, they are not exempt from basic due process such as the right to be heard. Specifically, due process in administrative cases includes the right to notice of proceedings, an opportunity to be heard and present evidence with the assistance of counsel before an impartial tribunal, and a decision supported by evidence. In this case, the petitioner's summary dismissal from the police force was flawed and violated his right to due process because the proceedings were conducted without giving him proper notice to attend the hearings. As such, the dismissal decision rendered without affording him due process was void.

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    Po2 Ruel C. Montoya, G.R. No. 180146

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    Noelle Therese Gotidoc Vedad
    40 views2 pages
    This document discusses the principles of due process that must be observed in administrative proceedings. It summarizes that while administrative proceedings have less stringent procedural rules, they are not exempt from basic due process such as the right to be heard. Specifically, due process in administrative cases includes the right to notice of proceedings, an opportunity to be heard and present evidence with the assistance of counsel before an impartial tribunal, and a decision supported by evidence. In this case, the petitioner's summary dismissal from the police force was flawed and violated his right to due process because the proceedings were conducted without giving him proper notice to attend the hearings. As such, the dismissal decision rendered without affording him due process was void.

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    Due Process

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    This document discusses the principles of due process that must be observed in administrative proceedings. It summarizes that while administrative proceedings have less stringent procedural rules, they are not exempt from basic due process such as the right to be heard. Specifically, due process in administrative cases includes the right to notice of proceedings, an opportunity to be heard and present evidence with the assistance of counsel before an impartial tribunal, and a decision supported by evidence. In this case, the petitioner's summary dismissal from the police force was flawed and violated his right to due process because the proceedings were conducted without giving him proper notice to attend the hearings. As such, the dismissal decision rendered without affording him due process was void.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views2 pages

    Po2 Ruel C. Montoya, G.R. No. 180146

    Uploaded by

    Noelle Therese Gotidoc Vedad
    This document discusses the principles of due process that must be observed in administrative proceedings. It summarizes that while administrative proceedings have less stringent procedural rules, they are not exempt from basic due process such as the right to be heard. Specifically, due process in administrative cases includes the right to notice of proceedings, an opportunity to be heard and present evidence with the assistance of counsel before an impartial tribunal, and a decision supported by evidence. In this case, the petitioner's summary dismissal from the police force was flawed and violated his right to due process because the proceedings were conducted without giving him proper notice to attend the hearings. As such, the dismissal decision rendered without affording him due process was void.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    PO2 RUEL C. MONTOYA, G.R. No.

    180146
    Petitioner,
    Present:

    PUNO, C.J.,
    QUISUMBING,
    YNARES-SANTIAGO,
    - versus - CARPIO,
    AUSTRIA-MARTINEZ,
    CORONA,
    CARPIO MORALES,
    AZCUNA,
    TINGA,
    POLICE DIRECTOR REYNALDO CHICO-NAZARIO,
    P. VARILLA, REGIONAL VELASCO, JR.,
    DIRECTOR, NATIONAL CAPITAL NACHURA,
    REGION, POLICE OFFICE and REYES,
    ATTY. RUFINO JEFFREY L. DE CASTRO, and
    MANERE, REGIONAL LEGAL BRION, JJ.
    AFFAIRS SERVICE,
    Respondents. Promulgated:

    December 18, 2008


    x---------------------------------------------------x

    Though procedural rules in administrative proceedings are less stringent and


    often applied more liberally, administrative proceedings are not exempt from basic
    and fundamental procedural principles, such as the right to due process in
    investigations and hearings. The right to substantive and procedural due process is
    applicable to administrative proceedings.[16]

    Well-settled is the rule that the essence of due process is simply an opportunity
    to be heard or, as applied to administrative proceedings, an opportunity to explain
    ones side or an opportunity to seek a reconsideration of the action or ruling
    complained of.[17] Unarguably, this rule, as it is stated, strips down administrative due
    process to its most fundamental nature and sufficiently justifies freeing administrative
    proceedings from the rigidity of procedural requirements. In particular, however, due
    process in administrative proceedings has also been recognized to include the
    following: (1) the right to actual or constructive notice of the institution of
    proceedings which may affect a respondents legal rights; (2) a real opportunity to be
    heard personally or with the assistance of counsel, to present witnesses and evidence
    in ones favor, and to defend ones rights; (3) a tribunal vested with competent
    jurisdiction and so constituted as to afford a person charged administratively a
    reasonable guarantee of honesty as well as impartiality; and (4) a finding by
    said tribunal which is supported by substantial evidence submitted for consideration
    during the hearing or contained in the records or made known to the parties
    affected.[18]

    Hence, even if administrative tribunals exercising quasi-judicial powers are not


    strictly bound by procedural requirements, they are still bound by law and equity to
    observe the fundamental requirements of due process. Notice to enable the other
    party to be heard and to present evidence is not a mere technicality or a trivial
    matter in any administrative or judicial proceedings.[19] In the application of the
    principle of due process, what is sought to be safeguarded is not lack of previous
    notice but the denial of the opportunity to be heard.[20]

    In the instant case, the Summary Dismissal Proceedings against Montoya were
    flawed from the very beginning when these were conducted without due notice to
    him. The NCR Regional Director, through Manere, never contested the fact that the
    Hearing Officer proceeded with his investigation without giving notice to Montoya.
    Without notice, Montoya was unable to attend the hearings, present written or oral
    arguments, and submit evidence in his favor; he was completely deprived of the
    opportunity to be heard on the administrative charges against him and was
    irrefragably denied due process.

    The cardinal precept is that where there is a violation of basic constitutional


    rights, courts are ousted from their jurisdiction. The violation of a party’s right to due
    process raises a serious jurisdictional issue which cannot be glossed over or
    disregarded at will. Where the denial of the fundamental right of due process is
    apparent, a decision rendered in disregard of that right is void for lack of
    jurisdiction.[21]The rule must be equally true for quasi-judicial administrative bodies, for
    the constitutional guarantee that no man shall be deprived of life, liberty, or property
    without due process is unqualified by what type of proceedings (whether judicial or
    administrative) he stands to lose the same. Consequently, the Decision dated 23 June
    2000 of the NCR Regional Director dismissing Montoya from service is void for having
    been rendered in violation of the latter’s due process.

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