(Part) 20 EN BANC | HERNANDO, J. | Henson vs. COA
G.R. No. 230185, July 07, 2020
EDDA V. HENSON, PETITIONER, V. COMMISSION ON AUDIT, RESPONDENT.
HERNANDO, J.
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Re: Right to Due Process
Timeliness of the Petition
First off, respondent COA-CP contends that the instant Petition should be dismissed outright for late filing.
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The Court emphasized that the burden of proving a fact lies on the party who alleges it and that mere allegation does not suffice.
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It bears stressing that "in the absence of a proper and adequate notice to the court of a change of address, the service of the order or resolution of a court upon the parties must be made at the last address of their counsel of record."
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Here, based on the letters attached to her Compliance, it appears that petitioner's counsel belatedly informed respondent COA-CP of her change of address.
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Thus, the service made by respondent COA-CP on January 17 and 26, 2017 at the old address of petitioner's counsel is deemed valid and effectual.
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Due process
The essence of due process, as the Court has consistently ruled, is simply the opportunity to be heard, or to explain one's side, or to seek a reconsideration of the action or ruling complained of; thus, for as long as the party was afforded the opportunity to defend himself/herself, there is due process.
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Here, as aptly pointed out by respondent Commission on Audit (COA)-Commission Proper (CP) [COA-CP], petitioner was not denied due process as she was able to exhaust all legal remedies available to her and that she was informed of the basis of the disallowance.
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As to the length of time that the case was pending before respondent COA-CP, this does not in any way affect the validity of the Notice of Disallowance (ND).
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Re: Liability for the disallowed amounts
Citing the ruling of the Court in Arias v. Sandiganbayan, [petitioner also insists] that she should [not be held liable] for the disallowed amounts considering that she merely relied on the findings of those under her and the expertise of those in-charge. She also [avers] that she should not be held liable in the absence of negligence or bad faith on her part.
Petitioner's reliance on the Arias case is misplaced. - the high Court said.
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