Q what is the purpose of particularity of description

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Unformatted text preview: d of the evidence against him The penalty imposed must be proportionate to the offense. Q: What are the instances when hearings are not necessary? A: 1. When administrative agencies are exercising their quasi‐legislative functions. 2. Abatement of nuisance per se. 3. Granting by courts of provisional remedies. 4. Cases of preventive suspension. 5. Removal of temporary employees in the government service. 6. Issuance of warrants of distraint and/or levy by the BIR Commissioner. 7. Cancellation of the passport of a person charged with a crime. 8. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. 1. Procedural and Substantive Due Process Q: What are the two aspects of due process? A: SUBSTANTIVE DUE PROCEDURAL DUE PROCESS PROCESS Serves as a restriction on This serves as a actions of judicial and restriction on the quasi‐judicial agencies of government’s law and the government rule‐making powers Requisites 1. The interests of the 1. Impartial court or tribunal clothed with public in general, as judicial power to hear distinguished from and determine the those of a particular matters before it. class, require the intervention of the 2. Jurisdiction properly acquired over the state person of the 2. The means employed defendant and over are reasonably property which is the necessary for the subject matter of the accomplishment of proceeding the purpose and not unduly oppressive 3. Opportunity to be heard upon individuals. 4. Judgment rendered upon lawful hearing and based on evidence adduced. 76 2. Procedural Due Process Q: What are the fundamental elements of procedural due process? A: 1. Notice (to be meaningful must be as to time and place) 2. Opportunity to be heard 3. Court/tribunal must have jurisdiction Q: Does due process require a trial‐type proceeding? A: No. The essence of due process is to be found in the reasonable opportunity to be heard and to submit any evidence one may have in support of o...
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