This case has been cited 1 times or more.
|
2011-10-04 |
PERALTA, J. |
||||
| In the present case, notwithstanding the fact that petitioner's motion for reconsideration was not verified, the COMELEC en banc should have considered the merits of the said motion in light of petitioner's meritorious claim that he was not given timely notice of the date set for the preliminary conference. The essence of due process is to be afforded a reasonable opportunity to be heard and to submit any evidence in support of one's claim or defense. [22] It is the denial of this opportunity that constitutes violation of due process of law. [23] More particularly, procedural due process demands prior notice and hearing. [24] As discussed above, the fact that petitioner somehow acquired knowledge or information of the date set for the preliminary conference by means other than the official notice sent by the COMELEC is not an excuse to dismiss his protest, because it cannot be denied that he was not afforded reasonable notice and time to adequately prepare for and submit his brief. This is precisely the reason why petitioner was only able to file his Preliminary Conference Brief on the day of the conference itself. Petitioner's counsel may not likewise be blamed for failing to appear during the scheduled conference because of prior commitments and for, instead, filing an Urgent Motion to Reset Preliminary Conference. | |||||