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COMELEC
G.R. No. 104961. October 7, 1994
BELLOSILLO, J
W/N the petitioner was afforded with the due process of law
No. the manner by which COMELEC proceeded against petitioner runs counter
to the due process clause of the Constitution. The facts show that petitioner was
not charged by the PNP with violation of the Omnibus Election Code. Nor was he
subjected by the City Prosecutor to a preliminary investigation for such offense.
The non- disclosure by the City Prosecutor to the petitioner that he was a
respondent in the preliminary investigation is violative of due process which
requires that the procedure established by law should be obeyed. COMELEC
argues that petitioner was given the chance to be heard because he was invited
to enlighten the City Prosecutor regarding the circumstances leading to the arrest
of his driver, and that petitioner in fact submitted a sworn letter of explanation
regarding the incident. This does not satisfy the requirement of due process the
essence of which is the reasonable opportunity to be heard and to submit any
evidence one may have in support of his defense. Petitioner was merely invited
during the preliminary investigation of Arellano. Hence, it cannot be seriously
contended that petitioner was fully given the opportunity to meet the accusation
against him as he was not apprised that he was himself a respondent when he
appeared before the City Prosecutor.