Tuesday, March 17, 2015

Remedies you can use

Our Constitution ensures that no one shall be deprived of life, liberty, or property without due process of law. What is due process? Due process simply means the proper way of doing things. Sa Filipino, gawin ang tama sa tamang paraan.

Due process have two parts: substantive and procedural. Substantive due process means that laws and rules must have a public purpose and the means to achieve them must be fair and reasonable. Procedural due process simply means the opportunity to be heard.

Procedural due process applies in every court, tribunal, agency, and quasi-judicial body in the Philippines. Here are some pleadings that can be used in courts or agencies when you want to be heard:

1. Complaint or petition. A complaint is a statement of the claims of a party against another party, and this is often used in civi, criminal, and administrative cases. Meanwhile, a petition is a request to a court  or body, and this is often used in special proceedings.

2. Affidavit. An affidavit is a sworn statement by a witness about facts which he or she has personal knowledge. This means the person has seen, heard, or experienced what he or she is stating in his affidavit. Anything that he or she heard or learned from another person is hearsay.

3. Motion. A motion is an application for relief other than a pleading. A useful motion is the motion for reconsideration, which seeks the judge or hearing officer to reflect and think over his decision and gives the basis for the reconsideration.

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