Arsenio P. Lumiqued, et al. vs. Apolonio G. Exevea, et al.

G.R. no. 117565

November 18, 1997

FACTS:
Arsenio P. Lumiqued was the Regional Director of the Department of Agrarian
Reform based in Cordillera Autonomous Region until President Fidel V. Ramos
dismissed him from that position pursuant to AO no. 52 dated May 12, 1993. Lumigued
died a year after May 19, 1994 his heirs instituted a petition for certiorari and mandamus,
questioning such order.
The dismissal was the result of the complaints filed by DAR-CAR cashier and
Jeannette Obar-Zamudio a private respondent with the Board of Discipline of the DAR.
Lumigued allegedly committed falsification of gasoline receipts worth 116,000,00 Pesos.
He submitted a vulcanizing shop receipt worth 550 thousand pesos for gasoline and
another receipt for 660 thousand pesos for a single vulcanizing job. He is consuming
nearly 120 liters of gasoline a day, which is impossible, and use the falsified receipt for
reimbursement the sum of 44,172.46 pesos.

ISSUE:
Whether or not Lumigued’s right to due process has been violated.

HELD:
No, Lumigued’s right has not been violated because the case that was heard is not
a criminal one but rather an administrative proceeding. There is nothing in the
Constitution that says that in non-criminal proceeding is entitled to be represented by
counsel. In administrative proceedings the core of due process is simply the opportunity
to explain one’s side. It is true that assistance of lawyer is desirable but it is not
indispensable. In due process as long as a party was given the opportunity to defend his
interest in due course; he cannot be said to have been denied of due process of law, for
his opportunity to be heard is the very essence of due process.
As the SC emphasized that the due process is a provision that safeguards life,
liberty and property. In this case there is a dispute concerning the right of security of
tenure analogous to property in a limited sense: hence, the right to due process could
rightfully be invoked. The right to security of tenure is not absolute especially when it
was proven that an officer did not live up to the Constitutional precept as Lumigued did,
which had been enshrined in the 1987 Constitution under Article XI, Section 1.

Psalm David Mantac JD-I