Wednesday, April 4, 2012

Due process; Opportunity to be heard. G.R. No. 160882

G.R. No. 160882

"x x x.


Finally, anent petitioners’ lamentation that they had been denied due process, we differ.  In administrative proceedings, a fair and reasonable opportunity to explain one’s side suffices to meet the requirements of due process.[58]   As we held in Casimiro v. Tandog:[59]

The essence of procedural due process is embodied in the basic requirement of notice and a real opportunity to be heard. In administrative proceedings, such as in the case at bar, procedural due process simply means the opportunity to explain one’s side or the opportunity to seek a reconsideration of the action or ruling complained of. "To be heard" does not mean only verbal arguments in court; one may be heard also thru pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.[60]

We, therefore, agree with the Court of Appeals that –
Petitioners’ contention x x x is bereft of merit.  From the proceedings before the Barangay Agrarian Reform Council (BARC) up to the DARAB, petitioners were given all notices and chances to submit all necessary or required pleadings.  From the Regional Adjudicator, they appealed to the DARAB and thereafter filed a Motion for Reconsideration x x x.  All these show that they were given ample opportunity to present their side.  Due process simply demands an opportunity to be heard and this opportunity was not denied petitioners.[61]

x x x.

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