1.

Procedural Due Process

Procedural due process is that aspect of due process which serves as a restriction on
actions
of judicial and quasi-judicial agencies of the government. It refers to the method or
manner
by which a law is enforced.
Substantive due process is that aspect of due process which inquires whether the
government has an adequate reason for taking away a person's we, liberty, or property.
[City of Manila v. Laguio (2005)]
Publication of laws is part of substantive due process. It is a rule of law that before a
person may be bound by law, he must be officially and specifically informed of its
contents.
For the publication requirement, "laws" refer to all statutes, including those of local
application and private laws. This does not cover internal regulations issued by
administrative
agencies, which are governed by the Local Government Code. Publication must be full, or
there is none at all. [Tanada v. Tuvera (1986)]
CASES:
1. Notice of rules by publication as a prerequisite/ Notice to Party
Tanada v. Tuvera, 136 SCRA 27(Decision); 146 SCRA 446 (Resolution)
Hon. Corona v. United Harbor Pilots, G.R. No. 111953 December 12, 1997
2. Procedural Due Process
a. Due process in administrative proceedings
Requisites: Cases -
Mayor Abraham Tolentino v. COMELEC, et al., G.R. Nos. 187958, 187961 and
187962, April 7, 2010, Pay attention to the cardinal rules of due process in
administrative proceedings.
SPO 1 Acuzar v. Jorolan and Hon. Apresa, PLEB, G.R. No. 177878, April 7, 2010:
administrative proceedings require a different degree of evidence to establish liability
while a criminal case requires proof beyond reasonable doubt
Dr. Fernando A. Melendres, Executive Director of Lung Center of the Philippines
v. Presidential Anti- Graft Commission, et aL . G.R. No. 163859, August 15, 2012:
administrative hearing does not require trial type hearing; it is sufficient that the
party has been notified of the complaint and was accorded the opportunity to disprove
the allegations
Agabon v. NLRC, G.R. No. 158693, November 17, 2004: in labor cases, the two-
notice rule must apply and actual notice must be proved
Effect of waiver/estoppel:
The Heirs of Jolly Bugarin v. Republic, G.R. No. 174431, August 6, 2012: while
death may extinguish criminal liability, the presentation of evidence during the
lifetime of the accused may allow government to seize properties established to have
been acquired until questionable circumstances.
Philippine Overseas Telecommunications Corporation (POTC), Philippine
Communications Satellite Corporation (PHILCOMSAT) v. Sandiganbayan (3rd
Division), Republic of the Philippines represented by Presidential Commission
on Good Government (PCGG), G.R. No. 174462, February 10, 2016: effect of
failure on the part of the state to implead parties and constitutional limitation on
actions involving ill-gotten wealth pursued by the PCGG.
Right to Counsel:
Due process in judicial proceedings: Velasco v. Sandiganbayan and the People of
the Philippines, a R. No. 169253, February 20, 2013: accused cannot question the
amendment of the information when he was given the opportunity to be heard and was
duly represented by counsel in the proceedings before the Office of the Ombudsman.
Wage