6. Development of the Philippine Constitution Malolos Constitution 1935 Constitution 1973 Constitution 1987 Constitution First Philippine Constitution Commonwealth Constitution Bagong Lipunan Freedom Constitution
32. PENALTY imposed without DUE PROCESS is INVALID. Cardinal Primary Rights (Ang Tibay vs. CIR) REQUIREMENTS 1. Notice 2. Opportunity to be heard 3. Access to evidence against him 4. Right to adduce evidence 5. Appropriate tribunal constituted as to afford a person charged honesty and impartiality. (Fabella vs. CA)
33. However, Disciplinary case in school is not subject to rigorous requirements of criminal due process particularly with respect to specification of the charge involved. In ADMU vs. CAPULONG ( G.R. No. 99327 May 27, 1993) “cases involving students need not necessarily include the right to cross examination.
34. In Diosdado Guzman vs. NU (L-68288, July 11, 1986 142 SCRA 699), The SC dictated the minimum requirements of DUE PROCESS (1) the students must be informed in writing of the nature and cause of any accusation against them; (2) that they shall have the right to answer the charges against them with the assistance of counsel, if desired: (3) they shall be informed of the evidence against them; (4) they shall have the right to adduce evidence in their own behalf; and (5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.
35.
36.
37. To download this file, go to: http://www.slideshare.net/ArnelLPU Thank Y u!
![WHAT IS A GOVERNMENT? ,[object Object],[object Object],[object Object]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)