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PART ii SC: R.A. 9262 is not violative of thedue process clause

Author: 79467545 โ€ข 206 views โ€ข 2023-03-08 10:50:06


SC: R.A. 9262 is not violative of the due process clause of the Constitution; The grant of a (TPO) ex parte cannot be challenged as violative of the right to due process. [PART 2] It is clear from the foregoing rules that the respondent of a petition for protection order should be apprised of the charges imputed to him and afforded an opportunity to present his side. Thus, the fear of petitioner of being "stripped of family, property, guns, money, children, job, future employment and reputation, all in a matter of seconds, without an inkling of what happened" is a mere product of an overactive imagination. The essence of due process is to be found in the reasonable opportunity to be heard and submit any evidence one may have in support of one's defense. "To be heard" does not only mean verbal arguments in court; one may be heard also through pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process. G.R. No. 179267ย ย  June 25, 2013 JESUS C. GARCIA vs. DRILON et al. ๐Ÿง‘โ€โš–๏ธ PERLAS-BERNABE, J. Take note. You can help our Pages by clicking the orange box ๐ŸŸง at the bottom of our article. We are grateful for your support. โค๏ธ ๐Ÿ‘‡๐Ÿ‘‡๐Ÿ‘‡๐Ÿ‘‡๐Ÿ‘‡๐Ÿ‘‡

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