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Section 1, Article III of the 1987 Philippine Constitution provides that “(n)o person shall
be deprived of life, liberty or property without due process of law, nor shall any person
be denied the equal protection of the law.” The first rights guaranteed in our Bill of
Rights are the rights to due process and equal protection of the law.
However, there are also cases which are decided not by courts but by administrative
agencies (like the DepEd). I still remember how our Constitutional Law professor Fr.
Joaquin G. Bernas, SJ, explained this concept of procedural due process when I was in
law school. Thus, while such administrative agencies are not always bound by the strict
requirements of judicial due process as mentioned above and spelled out in more detail in
the Revised Rules of Court (or other relevant laws passed by Congress), they are still
required to respect the due process clause of our Constitution. The landmark case of Ang
Tibay v Court of Industrial Relations, 69 Phil. 635 (1940), enumerated the following “cardinal
primary requirements” of procedural due process in administrative proceedings: “(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. Substantial
evidence means such reasonable evidence as a reasonable mind accept as adequate to
support a conclusion; (5) The decision must be based on the evidence presented at the
hearing, or at least contained in the record and disclosed to the parties affected; (6) The
tribunal or body or any of its judges must act on its own independent consideration of
the law and facts of the controversy, and not simply accept the views of a subordinate;
(7) The Board or body should, in all controversial questions, render its decision in such
manner that the parties to the proceeding can know the various issues involved, and the
reason for the decision rendered.”
If we simplify what these two leading cases are actually saying, we could see that
procedural due process, whether judicial or administrative, is all about “notice and an
opportunity to be heard.”
The answer now to the specific question asked of me, as to whether a “court-type”
hearing is necessary, was already answered by the Supreme Court in several cases, one of
which is Ledesma v Court of Appeals, G.R. No. 166780, December 27, 2007, 541 SCRA 44 .
For any comment or suggestion regarding this article or any education-related concern, please feel free to
write the Office of Assistant Secretary Toni Umali, Legal and Legislative Affairs, DepEd Complex,
Meralco Avenue, Pasig City or e-mail me at tonisito.umali@deped.gov.ph.