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Trocio vs. Labayo, et al.

ARTURO H. TROCIO, petitioner-appellant, vs. JORGE LABAYO, Undersecretary of Finance; SIXTO B. TADEO, Assistant Provincial Treasurer of Misamis Oriental; and ABELARDO SUBIDO, Commissioner of Civil Service, respondents-appellees.

G.R. No. L-35701 | 1973-09-19

D E C I S I O N

FERNANDO, J:
The novel question in this case certified to US by the Court of Appeals is whether or not a party is denied his constitutional right to procedural due process if in the notice of the hearing of the suit filed by him, it was not specified that the purpose thereof was for a pre-trial. There is no instrinsic difficulty posed by such a query. The answer would appear to be rather obvious. Such a purely formal objection is hardly impressed with any element indicative of that absence of fairness which is indispensable for an attack on a due process ground to succeed. The failure of the lower court then to use...