Was Tribu Silak afforded due process?

ILOILO City – The answer is in the affirmative, according to lawyer Pauline Alfuente, chairperson of the Iloilo Festivals Foundations, Inc. (IFFI) grievance committee.

“We called for a meeting together with the principal and tribe choreographer. There is already notice given to them. Part of the due process is hearing. So we went to the site, and they ( Tribu Silak) accompanied us. We checked it. We have the technical team from IFFI. The technical team from Tribu Silak was there,” Alfuente told Panay News.

Despite being one of the frontrunners in this year’s Dinagyang tribe competition, Tribu Silak did not even make it to the Top 5. But it won three major awards – Best Performance, Best in Choreography, and t he People’s Choice Award.

The IFFI, the Dinagyang organizer, explained that Tribu Silak failed to win the grand prize after points were deducted by judges for violating rules on the props’ height limit of 12 feet and breadth or diameter of 10 feet.

In this case, Tribu Silak’s uwak or crow prop exceeded the allowed dimension of 10 feet. The wings of the crowshaped props measured 30 feet when it spread. If clipped, the bird’s wings still reached 13.8 feet.

Hence, the total score of Tribu Silak was reduced due to a violation related to props, said Elvert Bañares, one of the two artistic directors for the Dinagyang Festival.

Alfuente, who is also the dean of West Visayas State University College of Law, said they checked the diameter and the entire set subject of the complaint and saw a violation after receiving photos of the props sent to their office by one of the competing tribe officers.

Al fuentes aid all choreographers agreed on the 10-point deduction system per judge for violating Rule 10 during their meeting on the contest rules.

“You see it’s not only for the props, but the entire tally or scores of the judges. So that’s why they were not included in the top 5,” said Alfuente.

But how do we determine if due process was observed before handing down a penalty?

In the case of Eastern Broadcasting Corporation v. Dans, Jr., et al., the Supreme Court enumerated several requirements of due process in administrative proceedings. First, the respondent has the right to a hearing which includes the right to present

one’s case and submit evidence to support his argument.

Second, t he t ri bunal must consider the evidence presented, and the decision mus t be s upported by law. The evidence must be substantial, which means such reasonable evidence as a reasonable mind might accept as adequate to support a conclusion.

The decision must also be based on the evidence presented at the hearing, or at least contained in the record, and disclosed to the parties affected. The tribunal or body or any of its judges must act on its independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate.

The failure of the agency or entity to comply with the above requirements shall render the decision illegal, the tribunal said.

Tribu Pan- ay of the Fort San Pedro National High School pulled off an upset victory against Tribu Silak when it emerged as the grand champion in the Dinagyang tribes competition last Jan. 28.

Tribu Pan- ay received P25 million worth of school projects for Fort San Pedro National High School as well as a P1-million cash prize and a trophy.

Tribu Paghidaet of La Paz National High School clinched the first runner-up position, receiving P500,000, a trophy, and a P10,000 gift certificate from Mang Inasal. The second runnerup, Tribu Ilonganon, received P300,000, a trophy, and a P5,000 gift certificate. Tribu Mandu-riyaw of Mandurriao National High School and Tribu Salognon from Jaro National High School were named third and fourth runners-up, respectively.

Alpha Java, Iloilo City National High School principal and tribe manager, said they already accepted the decision of the judges.

“We have lessons to learn and must move forward with God’s love and protection,” she said./