This case has been cited 3 times or more.
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2014-08-13 |
PERLAS-BERNABE, J. |
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| More significantly, it is undisputed that Jose eventually participated in the appeal proceedings by filing not only one but two motions for reconsideration from the NLRC Resolution, thereby negating any supposed denial of due process on her part. As held in the case of Angeles v. Fernandez,[54] the availment of the opportunity to seek reconsideration of the action or ruling complained of in labor cases amounts to due process.[55] After all, the essence of due process is simply the opportunity to be heard or as applied in administrative proceedings, an opportunity to explain one's side or an opportunity to seek a reconsideration of the action or ruling complained of. What the law prohibits is absolute absence of the opportunity to be heard, thus, an aggrieved party cannot feign denial of due process where he had been afforded the opportunity to ventilate his side, as Jose was in this case.[56] | |||||
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2012-10-22 |
MENDOZA, J. |
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| The record shows that petitioners were accorded a fair trial in the RTC. In fact, they were properly represented by a counsel who was able to confront and cross-examine the witnesses presented by RHAI. They had ample opportunity to substantiate their claim that they were not expelled as members and to present witnesses. Unfortunately, petitioners did not present their own evidence to bolster their defense. Thus, they cannot feign denial of due process where they had been afforded the opportunity to present their side.[17] Petitioners, having chosen not to avail of the opportunity to present evidence to rebut the charges against them, cannot complain of denial of due process. As long as the parties are given the opportunity to be heard before judgment is rendered, the demands of due process are sufficiently met. What is offensive to due process is the denial of this opportunity to be heard.[18] | |||||
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2009-09-18 |
CARPIO MORALES, J. |
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| The essence of due process is simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one's side or an opportunity to seek a reconsideration of the action or ruling complained of. What the law prohibits is absolute absence of the opportunity to be heard, hence, a party cannot feign denial of due process where he had been afforded the opportunity to present his side. A formal or trial type hearing is not at all times and in all instances essential to due process, the requirements of which are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy.[21] | |||||