Monday, April 9, 2012

opportunity to be heard

In Administrative and Quasi-Judicial proceedings, a fair and reasonable opportunity to explain one's side suffices to meet the requirements of due process. The essence of procedural due process is embodied in the basic requirement of notice and real opportunity to be heard. It simply means opportunity to explain one's side or the opportunity to seek a reconsideration of the action or ruling complained of. "To be heard" does not mean only verbal arguments in court; one may be heard also thru pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.

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