#24. BARAYUGA vs.

AUP
655 SCRA 640 | August 17, 2011

FACTS:
Petronilo Barayuga, during his appointment as the President of the Adventist
University of the Philippines (AUP), was found to have committed serious
violations of fundamental rules and procedure in the disbursement and use
of funds. After several meetings, the members of the Board of Trustees of
AUP voted by secret ballot to remove petitioner as President.
Petitioner alleged that he was denied ample and reasonable time to present
his evidence thereby depriving him of his right to due process.

ISSUE:
Whether the petitioner was denied due process.

RULING:
The removal of the petitioner as President of AUP, being made in accordance
with the AUP Amended By-Laws, was valid.
The requirements of due process in an administrative context are satisfied
when the parties are afforded fair and reasonable opportunity to explain their
respective sides of the controversy, for the essence of due process is an
opportunity to be heard. Here, the petitioner was accorded the full
opportunity to be heard, . . . having voluntarily offered his refutations in the
proceedings before the Board of Trustees.