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Jehan Shipping Corporation vs. National Food Authority

JEHAN SHIPPING CORPORATION, Petitioner, versus NATIONAL FOOD AUTHORITY, Respondent.

G.R. No. 159750 | 2005-12-14

D E C I S I O N 


PANGANIBAN, J.: 

The general rule is that the three-day notice requirement in motions under Sections 4 and 5 of the Rules of Court is mandatory. It is an integral component of procedural due process. But when the adverse party has actually had the opportunity to be heard, and has indeed been heard through pleadings filed in opposition to the motion, the purpose behind the rule is deemed duly served. The requirements of due process are substantially complied with. 

The Case 

Before us is a Petition for Review,[1] filed by Jehan Shipping Corporation under Rule 45 of the Rules of Court. The Petition seeks to...