Bernas, SJ, explained this concept of procedural due process when I was in law school. I still remember how our Constitutional Law professor Fr. However, there are also cases which are decided not by courts but by administrative agencies (like the DepEd). 921, 934 (1918), the Supreme Court enumerated the following essential requirements of procedural fairness in judicial proceedings: “(1) There must be a court or tribunal clothed with judicial power to hear and determine the matter before it (2) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings (3) the defendant must be given the opportunity to be heard and (4) judgment must be rendered upon lawful hearing.” In the landmark case of Banco Espanol Filipino v Palanca, 31 Phil. Procedural due process in judicial proceedings should be distinguished from procedural due process in administrative proceedings. Daniel Webster describes due process, it is a “law which hears before it condemns.” Procedural due process, as distinguished from substantive due process, is all about “procedural fairness.” As the great American statesman and Sen. The question actually posited is about procedural due process in administrative proceedings. 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. Specifically, is a “court-type” hearing required? VERY recently, in my capacity as presiding officer of an investigative committee hearing on a case involving a third-level official in the Department of Education (DepEd), I was confronted with the question as to what are the requirements of due process in administrative proceedings.
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