technical rules of procedure and evidence are not strictly applied;
administrative process cannot be fully equated with due process in its
strict judicial sense (Ibid.) Indeed, deprivation of due process cannot
be successfully invoked where a party was given a chance to be
heard on his motion for reconsideration (Rodriguez v. Project 6 Market
Service Cooperative, G.R. No. 79968, August 23, 1995), as in the
instant case, when private respondents were undisputedly given the
opportunity to present their side when they filed a letter of
reconsideration dated June 28, 1989 which was, however, denied in
an order of July 12, 1989 of Executive Director Baggayan. In Navarro
III vs. Damasco (G.R. No. 101875, July 14, 1995), we ruled that:
The essence of due process is simply an opportunity to be heard, or
as applied to administrative proceedings, an opportunity to explain
ones side or an opportunity to seek a reconsideration of the action or
ruling complained of. A formal or trial type hearing is not at all times
and in all instances essential. The requirements are satisfied when the
parties are afforded fair and reasonable opportunity to explain their
side of the controversy at hand. What is frowned upon is the absolute
lack of notice or hearing.
In the case at bar, petitioner was able to file an Answer with
Counter Petition and Motion to Dismiss.[16] He was also able to submit
his counter-affidavit and sworn statements of forty-eight (48)
witnesses. While he complains that these were not considered by the
Hearing Officer, he, himself, admits that the COMELEC did not rely on
the findings of the Hearing Officer but referred the case to its Second
Division. Thus, by the time the Second Division reviewed his case,
petitioners evidence were already in place. Moreover, petitioner was
also given a chance to explain his arguments further in the Motion for
Reconsideration which he filed before the COMELEC. Clearly, in the
light of the ruling in Paat, no deprivation of due process was
committed. Considering that petitioner was afforded an opportunity to
be heard, through his pleadings, there is really no denial of procedural
due process.[17]
Being interrelated, we shall discuss the second and third issues
together.