Philippine Bar review · Question

Practice question: Procedural and Substantive Due Process

Multiple Choice Medium

Practice question

An agency permanently cancels an existing property-related authorization as a penalty without giving its holder notice or any opportunity to answer. The facts stipulate that no emergency or recognized exception justifies summary action. Which due process concern is most direct?
  1. The holder must agree with every penalty.
  2. Only substantive due process can ever apply.
  3. The agency must win an election before acting.
  4. Any later press release necessarily cures the defect.
  5. The denial of a meaningful opportunity to be heard presents a procedural due process problem.

Legal references

  • 1987 Constitution, Article III, section 1, https://lawphil.net/consti/cons1987.html
  • Ynot v. Intermediate Appellate Court, G.R. No. 74457, March 20, 1987, https://lawphil.net/judjuris/juri1987/mar1987/gr_l-74457_1987.html

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