Eastern Broadcasting v Dans; G.R. No. L-59329; 19 Jul 1985; 137 SCRA 628

in Legal Chyme by

The radio station DYRE as summarily closed on grounds of national security.

Whether or not the closure of the radio station without hearing constitutes a denial of due process.

YES. The cardinal primary requirements in administrative proceedings laid down by this Court in Ang Tibay v CIR (69 Phil 635) should be followed before a broadcast station may be closed or its operations curtailed. It is necessary to reiterate that while there is no controlling and precise definition of due process, it furnishes an unavoidable standard to which government action must conform in order that any deprivation of life, liberty, or property, in each appropriate case, may be valid (Ermita-Malate Hotel and Motel Operators Association v. City Mayor, 20 SCRA 849)

Petitioner’s motion to withdraw or dismiss the petitioner is GRANTED for being moot and academic.

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