Due Process 101

1. Concept

Due process is essentially the opportunity to be heard.

The very essence of due process is reflected in the ancient and immortal words said in Greek Mythology: Strike, but hear me first!

Before the employer may impose a penalty as a result of a disciplinary action, the employees should know what they are being accused of and that they be given an ample opportunity to explain. This is but only fair and just, especially if it could lead to termination of his employment.

“In times past, when due process was more of a myth — empty accusations have had its day. In a more enlightened age, a sage was heard to say — “Strike me if you must, but hear me first!” We have come a long way, indeed, for in our time one who is required to answer for an alleged wrong must at least know what is it all about.” (Dadubo v. Development Bank of the Philippines, G.R. No. 106498, 28 June 1993 citing the cry of Themistocles to Eurybiades in Greek Mythology)

The opportunity to be heard, however, is not necessarily in the form of a formal administrative hearing or a trial type proceeding. As early as now, it should be emphasized that the employer is simply required to provide the emp...