IS IT NECESSARY TO HAVE TRIAL-TYPE PROCEEDINGS IN ORDER TO SATISFY THE REQUIREMENT OF DUE PROCESS?
> No, there is no need for trial-type proceedings in order to satisfy due process
> The important thing is that there was an opportunity to be heard
> Notice and hearing are the two minimum requirements of due process
IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?
1. The requirements of procedural due process are as follows:
1. There must be an IMPARTIAL AND COMPETENT COURT with judicial power to hear and determine the matter before it
2. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the person of the defendant or over the property subject of the proceeding
3. The defendant must be given an OPPORTUNITY TO BE HEARD
4. Judgment must be RENDERED UPON LAWFUL HEARING
IN CRIMINAL CASES, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?
1. The accused must be heard by a court of COMPETENT JURISDICTION
2. He must have been proceeded against under ORDERLY PROCESSES OF THE LAW
3. He may be punished only after INQUIRY AND INVESTIGATION
4. There must be NOTICE to the accused
5. The accused must be given an OPPORTUNITY TO BE HEARD
6. Judgment must be rendered WITHIN THE AUTHORITY of constitutional law