
PART ii SC: R.A. 9262 is not violative of thedue process clause
Author: 79467545 โข 206 views โข 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.
๐งโโ๏ธ PERLAS-BERNABE, J.
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