Case Digest: Velez vs. De Vera; 496 SCRA 345

        Due Process | Constitutional Law


Facts:
During the 10th National IBP Convention,  Atty. Leonard de Vera allegedly made some untruthful statements, innuendos and blatant lies in connection with the IBP Board's Resolution to withdraw the Petition questioning the legality of Republic Act No. 9227.

Subsequently, the Supreme Court issued a Temporary Restraining Order (TRO) enjoining Atty. de Vera from assuming office as IBP National President. In the 20th Regular Meeting of the IBP Board, by 2/3 vote, resolved to remove Atty. de Vera as member of the IBP Board of Governors and as IBP Executive Vice President.

Issue:
WoN Atty. de Vera was denied the minimum standards of due process.

Held: The IBP Board observed due process in its removal of Atty. de Vera as IBP Governor.

Principle:
Due process of law in administrative cases is not identical with "judicial process" for a trial in court is not always essential to due process. While a day in court is a matter of right in judicial proceedings, it is otherwise in administrative proceedings since they rest upon different principles. The due process clause guarantees no particular form of procedure and its requirements are not technical. Thus, in certain proceedings of administrative character, the right to a notice or hearing are not essential to due process of law. The constitutional requirement of due process is met by a fair hearing before a regularly established administrative agency or tribunal. It is not essential that hearings be had before the making of a determination if thereafter, there is available trial and tribunal before which all objections and defenses to the making of such determination may be raised and considered. One adequate hearing is all that due process requires. 


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