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Banco Espaol Failure to send 1. There must be a court or Irregularity in the The actual notice to the defendant
Filipino v. a mail for tribunal cloathed with judicial foreclosure is NOT absolutely necessary.
Palanca foreclosure power to hear or determine proceeding Property is always assumed to be in
proceedings the matter before it. the possession of its owner and it
2. Jurisdiction must be may be assumed that he has
lawfully acquired over the knowledge of any proceedings that
person of the defendant or are instituted for its condemnation
over the property which is the or sale.
subject of the proceeding.
3. The defendant must be The failure to make a notice is not
given an opportunity to be of such an irregularity that amounts
heard. to denial of due process of law.
4. Judgment must be
rendered upon lawful hearing.
Gravides v. Election for Filing of In this case, Borjal was misled by
COMELEC punong preliminary briefs the Notice of Preliminary
barangay in Conference issued by the MeTC,
Brgy. UP which erroneously applied the
Campus. provision on pre-trial under the
Rules of Civil Procedure.

HOWEVER, as COMELEC duly noted,

the finding of just more than 2
misread or miscounted ballots
during the revision or recount
would be sufficient to overcome
the lead of Gravides. The Court
relaxed the procedural rules due to
the paramount interest of
determining the true will of the
Tua v. Abuse of the Ex Parte TPO The Court can issue a TPO after ex
Mangrobang husband to his parte determination that there is a
wife; VAWC basis for the issuance.

Ex parte means that the respondent

needs not be notified or be present
in the hearing for the issuance of
the TPO.
People v. Kidnapping and Loss of cold- The record does not support the
Roxas illegal neutrality of an imputation of bias. The fact that the
detention by impartial judge judge opted to believe the
Roxas prosecutions evidence rather than
that of the defense is NOT biased.

There must be substantial proof

that the adverse publicity
influenced the Courts decision
GMA v. Air-time limit COMELECs There was a readical change in the
COMELEC Resolution manner in which the rules are to be
regarding the reckoned. Hence, there is a need
change in the for adequate and effective means
interpretation of by which they may be adopted,
the law disseminated and implemented.
When the implementation of the
law substantially adds or increases
the burden by those governed, it
behoves the agency to accord those
affected chance to be heard and to
be duly informed before the new
Perez v. Demolition Requisites of a writ of Valid demolition The proper remedy is not summary
Madrona team ordered injunction: order; Requisites dismissal but to go to court that
to demolish the 1. There must be a right to be for the issuance of Madrona violated a law in the
steel gate protected a writ of injunction construction of a fence.
which 2. The acts, which the
protrudes the injunction is to be directed Madronas fence is NOT a
sidewalk are violative of the said right. NUISANCE PER SE. By its nature, it is
not injurious to the health or
comfort of the community. It was
built to secure the property of the

The property is not a nuisance per

Its summary abatement without
judicial intervention is void.
DPWH v. Taking of the Payment of When the property was taken by
Tecson land for the property based on the government for public use
construction of its value from the without first acquiring title through
Marcos time it was taken. expropriation, the action against
Highway the government shall not prescribe.

The spouses was entitled to just

Just compensation- is the fair value
of the property, as between one
who receives it and one who
desires to sell, fixed at the time of
the actual taking by the

The Court uniformly ruled that the

value of the property at the time of
the taking is controlling in cases of
compensation. The outdated
version of the valuation was the
result of the belated claim.

Compensation gives right not only

to the owner of the property but
also to the public who bears the
cost of expropriation.
American Export quota GTEBs decision The presentation of evidence in
Inter-Fashion allocation against Glorious 1987 did no cure the defect in the
v. Office of the Sun not founded non-disclosure of evidence during
President on substantial the 1984 resolution of GTEB. There
evidence was a denial of due process when
GTEB failed to disclosure evidence
used by it to render resolution
against Glorious Sun.
There was no evidence to
substantiate the dollar-salting
charge against Glorious Sun or their
violation on any other existing rules
or laws.

Export-quota is a form of property

right, which should not be removed
from the owner arbitrarily and
transfer it to another owner,
without due process.

Glorious Sun was not given a

chance to present its side before its
quota allocations were revoked and
its officers were suspended.
Mortel v. Kerr Negligent GR: the clients are bound by Negligence of the Mortel was denied due process
Counsels his counsels conduct, counsels because of palpable and gross
negligence, and mistake in negligence of his counsels.
handling a case.
When the counsels are ignorant,
ER: incompetent, and inexperience and
1. When the incompetence, the result to his client is so serious,
ignorance or inexperience is the litigation may be reopened and
so great and the result is so the client deserves another chance
serious that the client, who to present his case.
otherwise had a good cause,
is prejudiced and denied his in

2. When an unsuccessful party

is presented from fully
presenting his case because of
his attorneys professional
delinquency or infidelity.

3. When the counsel is guilty

of gross ignorance, negligence
and dereliction of duty, which
resulted in the clients being
held liable for damages.
RCBC CAPITAL Case before the Evident partiality Evident partiality- signs and
CORP. V. BDO ICC-ICA indications, which lead to an
UNIBANK identification or inference of
partiality. It is where a reasonable
person can conclude that an
arbitrator is partial to one party.

In this case, reasonable person can

conclude that there is partiality to
one party, which is the RCBC.
Ang Tibay v. Ang Tibay 1. The accused is entitled of Dismissal of CIR is not narrowly constrained by
CIR temporarily lay- his right to hearing and workers technical rules of procedure.
off its workers. submission of evidence
2. The tribunal must consider However, it does not mean that it
the evidence submitted can ignore the fundamental and
3. The Court is bound to essential requirements of due
deliberate process in trials and investigations
4. The evidence must be of an administrative character
5. The decision must be based
on evidence
6. The Court must remain
independent; and
7. The Court must decide the
matter in such a way as to
allow the parties to know the
Shu v. Dee Forgery and Function of NBI NBIs function is only investigatory
falsification of and informational in nature. It has
public no judicial or quasi-judicial powers
documents and is capable of granting any relief
to any party.

The report of the NBI was not

conclusive and does not prevent
the respondents from securing a
separate document examination
Jalosjos v. Jalosjos was Registration of COMELEC en Banc acted purely in
COMELEC convicted for Jalosjos as a voter its administrative function in
two counts of cancelling the CoC, else it be remiss
rape in fulfilling its duty.
DOH v. Phil. Accreditation of Cancellation of The pharmaceutical companies
harmaceutical pharmaceutical registration were given the opportunity to
companies certificates of explain its side but instead of
pharmaceutical complying with the directives of
companies DOH, they referred the issue to
their lawyers.

Note: Proceedings are less stringent

in administrative matters.
Maceda v. ERB Oil price hike Relaxation of Relaxation of procedure can be
procedure in cross- granted to administrative agency.
examining the
witnesses of If the administrative agency
Petron, Shell and exercises quasi-legislative, not
Caltex quasi-judicial function, rules may be
Lopez v. Truck drivers Dismissal The right to counsel is not an
Alturas who smuggled indispensable nor mandatory
scrap irons. requirement.

There is no strict requirement for

hearing as long as the accused was
given the opportunity to explain his
Feeder Intl Foreign vessel Deprivation of Forfeiture proceeding under tariff
Line v. CA was caught in property and customs laws is not final in
the vicinity of nature.
Iloilo City
without proper The search and seizure proceeding
documents are not criminal in nature as they
do not result in the conviction of
the offender nor imposition of
penalty. This case is purely civil and
administrative in character. The
main purpose of the forfeiture is to
prohibit unlawful importation of
goods or their deliberate

The penalty in seizure is different

from the criminal liability.

The right to counsel was not

violated since it is not indispensable
in non-criminal proceedings. Hence
does not amount to violation of
right due process.

Note: preponderance of evidence is

Central Bank v. Close now, Absence of prior Sec. 29 RA 265 gives the exclusive
CA hear later notice and hearing authority to Central Bank to
before the evaluate and determine the
Triumph resolution was condition of the bank on whether
Savings Bank effected the continued existence would
was found to be result to probable loss to creditors
insolvent; and depositors or if it is under
insolvency. It also has the authority
to appoint officials for receivership
to take over the assets and
-It does not require prior notice and
hearing before a bank is directed to
stop and place under receivership.

The opportunity to be heard and

present evidence was afforded to
TSB when it filed a complaint
before RTC.

The close now, hear later scheme

is grounded on practical and legal
considerations to present
unwarranted dissipation of banks
assets and as a valid exercise of
police power to protect creditors,
stockholders, depositors and the

The procedural right of the Bank

cannot take precedence on the
substantive rights of the creditors,
depositors, stockholders, etc.
Catacutan v. The principal Not given an The parties were afforded fair and
People did not allow opportunity to reasonable opportunity to explain
two of the present evidence their sides of controversy through
oral arguments.
teachers to be
promoted. Note: Finding by the court in an
administrative case is not binding
upon the hearing in a criminal case.
Dazon v. Yap Jurisdiction of Decision of HLURB The primordial function of the
HLURB over a criminal HLURB is the regulation of the real
case estate, trade, and business not the
conviction and punishment of

Administrative boards may perform

quasi-judicial powers if it is
incidental to their duty and in
express terms by the legislature.
Administrative agencies being
tribunal can only wield such powers
as are specifically granted to them
by enabling statutes.

The only power of HLURB in

relation to criminal liability are
those fines which does not exceed
10,000 pesos.

In this case, HLURB is expressly said

to cover the civil aspect.
Fabella v. CA Dismissal of the The Magna Carta for Public Dismissal of Despite their prohibition of the
faculties who School Teachers provides the faculties right to strike they have the right to
participated in ff.: peaceful assembly vis--vis their
the mass Sec. 9. Administrative right to mass protest.
demonstration Charges.Administrative
charges against a teacher shall In this case, the committee formed
be heard initially by a by DECS did not include a
committee composed of the representative of the local or any
corresponding School existing provincial or national
Superintendent of the teachers organization.
Division or a duly authorized
representative who would at
least have the rank of a
division supervisor, where
the teacher belongs, as
chairman, a representative of
the local or, in its absence,
any existing provincial or
national teachers
organization and a
supervisor of the Division, the
last two to be designated by
the Director of Public Schools.
The committee shall submit
its findings, and
recommendations to the
Director of Public Schools
within thirty days from the
termination of the hearings:
Provided, however, That
where the school
superintendent is the
complainant or an interested
party, all the members of the
committee shall be appointed
by the Secretary of Education.
Summary Car of group of Legality of the None of the charges in the
Dismissal men overtook conviction administrative cases made
Board v. the motor reference to the act of being drunk
Torcita vehicle of of the police officer while in the
police officer performance of official duty.
The omission is fatal to the validity
of the judgment finding him guilty
of the offense for which he was
notified nor charged.
Miro v. Anomalies in Dismissal of The rule on conclusiveness of
Mendoza the distribution administrative factual finding by administrative
of confirmation charges against the agency is NOT absolute. The Court
certificates in LTO officer of Appeals may resolve factual
LTO issues, review and re-evaluate the
evidence on record and reverse the
administrative agencys findings not
supported by substantial evidence.

The decision must rely upon

substantial evidence.
Apo Cement Mining claims DENR DAO DENR DAO is the Implementing
Corp v. procedures Rules of the Philippine Mining Act
Mingson of 1995, which requires that the
Mining parties involved in mining disputes
Industries be given the opportunity to be
Corp heard.

A party may raise an apparent lack

of due process at any time since
due process is a jurisdictional
requirement that all tribunals with
administrative or judicial functions
are duty bound to observe.
Corona v. Licenses of Yearly renewal of Notice and hearing, which the pre-
United Harbor Pilots licenses requisites of procedural due
Pilots process, are applicable only when
the administrative agency is
exercising its quasi-judicial function
but NOT legislative or executive

There is a clear deprivation of

property rights when after passing
five examinations to get the license,
the security of having it until
retirement would be lost due to
PPA (Philippine Ports Authority).
PAGCOR v. CA Casino; Transfer For a valid dismissal from the Accused not Rights under CSC Rules form part of
of fund govt service under CSC formally informed the procedural due process, hence
Resolution No. 991936 of the charges cannot be disregarded.
entitled Uniform
Rules on Administrative Cases
in the Civil Service,:
1. there must be a
specification of charges
2. a brief statement of
material or relevant facts
3. two copies of documentary
4. an advice to indicate his
answer; and
5. a notice that he is entitled
to be assisted by a counsel
Salaw v. NLRC Credit- Dismissal Salaw was not given the
investigator- opportunity to defend himself or
appraiser present evidences and was not
allowed to be assisted by a counsel.

The Bank did not even present the

minutes during the investigation,
which is a denial of due process.
ADMU v. Aquila Leges 1. The students must be Dismissal of The right to cross-examine the
Capulong informed in writing of the students written statement of witnesses
nature and the cause of the need not necessarily be complied in
accusations disciplinary cases. Since it is an
2. The students must have the administrative proceeding, the
right to answer the charges committee is not compelled to
against them if desired prove damages beyond reasonable
3. The students must have the doubt.
right to be informed of the
evidence against them
4. Students must have the
right to adduce evidence in
their own behalf
5. The evidence must be duly
considered by the
investigating committee the
authorities designated by the
school to her and decide the
Go v. Colegio Tau Gamma Phi 1. The students must be Disciplinary There is no right to cross-examine
de San Juan de informed in writing of the sanctions imposed in the administrative proceedings.
Letran nature and the cause of the by the school The parents of the student (Kim)
accusations were notified twice about Kims
2. The students must have the problem in fraternity. They were
right to answer the charges also asked to attend the
against them if desired conference.
3. The students must have the
right to be informed of the Judicial process cannot be fully
evidence against them equated to administrative due
4. Students must have the process.
right to adduce evidence in
their own behalf
5. The evidence must be duly
considered by the
investigating committee the
authorities designated by the
school to her and decide the
Non v. Judge Students 1. The students must be Refusal to re- The school based its decision on
Dames participation in
informed in writing of the admission termination of contract (end of
mass nature and the cause of the semester). However, the contract
demonstrationaccusations between the student and school is
2. The students must have the not a simple contract. It is a
right to answer the charges contract imbued with public
against them if desired interest.
3. The students must have the
right to be informed of the
evidence against them
4. Students must have the
right to adduce evidence in
their own behalf
5. The evidence must be duly
considered by the
investigating committee the
authorities designated by the
school to her and decide the
LAO GI v. CA Aliens Deportation Deportation proceedings are harsh
proceeding and extraordinary administrative
proceedings affecting the freedom
of liberty of a person, hence
constitutional right of a person shall
not be denied.

CID has the jurisdiction to hear and

determine the deportation case
and to determine citizenship issue.
It is only after a hearing by the CID
that the alien may be ordered to be

According to Philippine
Immigrations Act of 1940, the
charge against an alien must specify
the act or omissions complained of
which must be state in an ordinary
and concise language to enable a
person with a common
understanding to know the ground
in which he is intended to be
Govt of Extradition case Right to bail may Extradition is when the jurisdiction
Hongkong v. be extended to a of the case was transferred from
Olasi Jr. prospective the Philippine to foreign country as
extradite requested.

Every accused has the remedy to

safeguard their right to liberty. One
of the remedies is the right to bail,
which must be extended to a
prospective extradite.
If in the deportation cases, the
guarantee of the right of the
detainee to bail has been
recognized, there is no doubt that it
can also be extended to
extraditition cases, which are also a
kind of administrative case.

The accused was already detained

for 2 years without any conviction
of the crime. The prolonged arrest
and detain constitutes deprivation
of the right to liberty.
Posadas v. UPD Chancellor Denial of motion Notice of hearing is mandatory
Sandiganbayan for reconsideration under 2002 Revised Internal Rules
of Sandiganbayan, which requires a
motion for reconsideration to be
set for hearing.
Carabeo v. CA OIC of the City Preventive Notice and hearing are not required
Treasurer suspension in the issuance of preventive
suspension because it is not a
penalty but a preliminary step to
administrative investigation. It is
not a punishment but a preventive
measure to avoid partiality.

There was NO deprivation of

property because the public office
is not a property but a public trust
or agency.
Coalition of Term-Sharing Cancelled The violation of due process was
Associations of Agreement certificate of committed when the parties were
Senior Citizen between accreditation not apprise of the fact that the
v. COMELEC Arquiza and term-sharing agreement entered
Datol groups into by the nominees would be a
material consideration in the
evaluation of their qualification.

NO FAIR WARNING that the term-

sharing would be a ground for
People v. Municipal tax A statute is vague when it Ambiguity and Note: A statute is not vague if it is
Nazario ordinance lacks comprehensible uncertainty of ambiguous but can still be applied
standards that men of provisions in a particular situation.
common intelligence must
necessarily guess its meaning
and differs to its application.

It is repugnant to the
Constitution if:
1. violates the right to due
process for failure to accord
persons fair notice of the
conduct to avoid
2. Gives the law enforcers an
unbridled discretion in
carrying its provision.
Estrada v. Plunder Law A statute is vague when it Vague and A statute is not void just because it
Sandiganbayan lacks comprehensible overbroad uses general terms or it does not
standards that men of provisions define the meaning of the terms.
common intelligence must The inability to define the terms will
necessarily guess its meaning not necessarily result to vagueness
and differs to its application. or ambiguity of the law as long as it
has clear legislative intent or it can
It is repugnant to the be inferred from the whole body of
Constitution if: the law.
1. violates the right to due
process for failure to accord Void-for-vagueness doctrine states
persons fair notice of the that a statute establishing a
conduct to avoid criminal offense must define the
2. Gives the law enforcers an offense with sufficient definiteness
unbridled discretion in that persons of ordinary
carrying its provision. intelligence can understand what
conduct is prohibited by statute.
-It cannot be invoked if it can still
be clarified by a saving clause or by
-The doctrine does not apply to
statutes which have imprecise
language but nonetheless specify
the standard though not properly
worded, or those which are
couched with ambiguous terms yet
fairly applicable.
-It applies to cases where the
fundamental rights are violated.
Estrada v. Plunder case Request for the There is no law or rule which
Ombudsman against Estrada copies of all the requires the Ombudsman to furnish
filings by the other a respondent with the copies of the
parties together counter-affidavits of his co-
with the counter- respondents.
affidavits of his co- -Neither the Rule of Court or the
respondents Rules of Procedure of the Office of
the Ombudsman support Estradas
-The counter-affidavits of co-
respondents are NOT part of the
supporting affidavits of

A preliminary investigation is not

part of the trial. It is only in the trial
that an accuse can invoke his right,
like the right to confront his
accusers or to cross-examine.

Accused has no right to cross-

examine during preliminary
investigations. The rules in Ang
Tibay only applies in administrative

Note: There is no procedural due

process in preliminary investigation
Velasco dissent: Preliminary
investigations are adversarial in
character. If the counter-affidavits
of the co-respondents are against
Estrada, he can also use those
affidavits so that he can defend