1
ANG TIBAY DOCTRINE ON DUE
PROCESS
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. (G.R. No. 187854. November
12, 2013)
In Ang Tibay v. CIR, the Supreme Court
enumerated the requisites of
administrative due process, as follows:
1. The right to a hearing, which
includes the right to present one’s
case and submit evidence in
support thereof;
2. The tribunal must consider the
evidence presented;
3. The decision must have
something to support itself;
4. The evidence must be
substantial;
5. The decision must be rendered
on the evidence presented at the
hearing, or at least contained in
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the record and disclosed to the
parties;
6. The tribunal or any of its judges
must act on its or his own
independent consideration of the
facts and the law of the
controversy, and not simply
accept the views of a subordinate
in arriving at a decision; and
7. The board or body should, in all
controversial questions, render its
decision in such a manner that
the parties to the proceeding will
know the various issues involved,
and the reasons for the decision.
(G.R. No. 46496. February 27,
1940. 69 Phil 635.)
In Ledesma v Court of Appeals, the
Supreme Court ruled that "[d]ue
process, as a constitutional precept,
does not always and in all situations
require a trial-type proceeding. Due
process is satisfied when a person is
notified of the charge against him and
given an opportunity to explain or
defend himself. In administrative
proceedings, the filing of charges and
giving reasonable opportunity for the
person so charged to answer the
accusations against him constitute the
minimum requirements of due process.
The essence of due process is simply to
be heard, or as applied to administrative
proceedings, an opportunity to explain
one’s side, or an opportunity to seek a
reconsideration of the action or ruling
complained of." (G.R. No. 166780.
December 27, 2007)
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The observance of fairness in the

conduct of any investigation is at the
very heart of procedural due process.
The essence of due process is to be
heard, and, as applied to administrative
proceedings, this means a fair and
reasonable opportunity to explain one’s
side, or an opportunity to seek a
reconsideration of the action or ruling
complained of. Administrative due
process cannot be fully equated with
due process in its strict judicial sense,
for in the former a formal or trial-type
hearing is not always necessary, and
technical rules of procedure are not
strictly applied. (Persida Acosta (2017).
What constitutes due process in
administrative cases? August 15, 2017.

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