Due Process

Although the Civil Service Rules do not specifically provide that a formal charge without the requisite preliminary investigation is null and void, it is, however, "mandatory for the disciplinary authority to conduct a preliminary investigation or at least respondent should be given the opportunity to comment and explain his side." No exception is provided by the CSC Rules, not even an indictment in flagranti.
The violation of a party's right to due process raises a serious jurisdictional issue which cannot be glossed over or disregarded at will. Where the denial of the fundamental right to due process is apparent, a decision rendered in disregard of that right is void for lack of jurisdiction. The constitutional guarantee that no man shall be deprived of life, liberty, or property without due process is unqualified by the type of proceedings (be it judicial, quasi-judicial. or administrative), where he stands to lose the same (Garcia v. Molina; August 18, 2010).