4.
As a general rule, notice and hearing,
Corona v. United Harbor PIlots Association
G.R. No. 111953 | 1997-12-12
Subject: DueProcess, Right to Exercise
Profession, License
Facts:
The Philippine Ports Authority (PPA)issued an
Administrative Order which provided that that
all appointments for harborpilots made by the
PPA will have to be renewed every year, and that
theexisting appointments made will only be valid
until December 1991. Thus,respondents sought
to have the implementation of this order
suspended. In the meantime, the PPA issued the
guidelines for the issuance of new
appointments.These issuances were thus
brought before the courts by the respondents on
thequestion of their constitutionality based on
violation of their right to exercise their
profession and on due process grounds.
ISSUE: WON PPA-AO-04-92 IS CONSTITUTIONAL
Held:
Due Process
1. In order to fall within the aegis of
thedue process provision, two
conditions must concur, namely, that
there is adeprivation and that such
deprivation is done without proper
observance of due process.
2. When one speaks of due process of
law, however, a distinction must
bemade between matters of procedure
and matters of substance.
3. In essence, procedural due process
?refers to the method or manner
bywhich the law is enforced,? while
substantive due process ?requires that
thelaw itself, not merely the procedures
by which the law would be enforced,
isfair, reasonable, and just.?
as the fundamental requirements
ofprocedural due process, are essential
only when an administrative
bodyexercises its quasi-judicial
function. In the performance of
itsexecutive or legislative functions, such
as issuing rules and regulations,
anadministrative body need not comply
with the requirements of notice
andhearing.
Right to Exercise Profession
5. Pilotage,just like other professions,
may be practiced only by duly
licensedindividuals. Licensure is ?the
granting of license especially to
practicea profession.? It is also ?the
system of granting licenses (as for
professionalpractice) in accordance with
established standards.?
6. Beforeharbor pilots can earn a
license to practice their profession, they
literallyhave to pass through the
proverbial eye of a needle by taking, not
one but fiveexaminations, each followed
by actual training and practice.
7. However,pre-evaluation
cancellation is constitutionally infirm
and unreasonable, andconstitutes as
deprivation of property without due
process of law.
License
8. Alicense is a right or permission
granted by some competent authority to
carryon a business or do an act which,
without such license, would be illegal.