Due process in an administrative context does not require trial-type proceedings similar to those in courts of justice.

Due process in an administrative context does not require trial-type proceedings similar to those in courts of justice. Where opportunity to be heard either through oral arguments or through pleadings is accorded, there is no denial of procedural due process.¹⁵ A formal or trial-type hearing is not at all times and in all instances essential. The requirements are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy at hand.¹⁶ The standard of due process that must be met in administrative tribunals allows a certain degree of latitude as long as fairness is not ignored.¹⁷ In other words, it is not legally objectionable for being violative of due process for an administrative agency to resolve a case based solely on position papers, afidavits or documentary evidence submitted by the parties as affidavits of witnesses may take the place of their direct testimony.¹⁸

EN BANC

G.R. No. 140079             March 31, 2005

AUGUSTO R. SAMALIO, Petitioner,
vs.
COURT OF APPEALS, CIVIL SERVICE COMMISSION, DEPARTMENT OF JUSTICE and BUREAU OF IMMIGRATION, respondents.