2 cooley constitutional limitations824825 note it must

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Unformatted text preview: l be enforced according to the regular methods of procedure prescribed, and That it shall be applicable alike to all citizens of the State or to all of a class. (People v. Cayat, G.R. No. L‐45987, May 5, 1939) XPN: In cases where the right to appeal is guaranteed by the Constitution (Art. VIII, Sec. XIV) or by a statute. Q: Distinguish due process in administrative proceedings from due process in judicial proceeding. A: Q: What are the requirements of due process in judicial proceedings? A: Whether in civil or criminal judicial proceedings, due process requires that there be: 1. An impartial and disinterested court clothed by law with authority to hear and determine the matter before it. ADMINISTRATIVE JUDICIAL Essence Opportunity to explain A day in court one’s side Means Usually through seeking Submission of pleadings and oral arguments a reconsideration of the ruling or the action taken, or appeal to a superior authority Notice and Hearing Note: Test of impartiality is whether the judge’s intervention tends to prevent the proper presentation of the case or the ascertainment of the truth. 2. 3. 4. Jurisdiction lawfully acquired over the defendant or the property which is the subject matter of the proceeding Notice and opportunity to be heard be given the defendant Judgment to be rendered after lawful hearing, clearly explained as to the factual and legal bases (Art. VII, Sec. 14, 1987 Constitution) When exercising quasi‐ judicial function (PhilCom‐Sat v. Alcuaz, G.R. No. 84818, Dec. 18, 1989) Note: The assistance of counsel is not indispensable to due process in forfeiture proceedings since such proceedings are not criminal in nature. Moreover, the strict rules of evidence and procedure will not apply in administrative proceedings like seizure and forfeiture proceedings. What is important is that the parties are afforded the opportunity to be heard and the decision of the administrative authority is based on substantial evidence. (Feeder International Line, Pte. Ltd. v. CA, G . R . N o . 9 4 2 6 2 , M a y 3 1 , 1 9 9 1 ) Note: An extraditee does not have t...
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This document was uploaded on 03/12/2014.

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