Aguirre vs. Nieto, G.R. No.

220224, August 28, 2019

FACTS: A complaint for grave misconduct was filed against petitioner. Throughout the proceedings in
the CSC, communications made to the petitioner were returned by the Postal Service because
petitioner’s residence was always closed, petitioner was on leave, and then overtaken by her
retirement. Petitioner never appeared at the hearings scheduled. Accordingly, the case was decided
based on the documents presented by the complainant. The CSC concluded that the petitioner
committed acts constituting grave misconduct. Petitioner came to know of the CSC decision only when
the GSIS stopped giving her pension.

ISSUE:​ Was the petitioner afforded due process?

RULING: ​No. Due process is the right to a notice and hearing. The formal charge, notices of hearing, and
order to comment were not established to have been received by the petitioner, all sent at the time
after she retired, clearly, she was deprived of the opportunity to be hear and present her case.