Practice question
An agency’s initial order finds only prima facie grounds, provides a lifting hearing, and has not adjudicated ultimate liability. Counsel says requesting that hearing necessarily concedes guilt because the initial findings are conclusive. What is the best answer?
- Counsel is correct because prima facie means guilty beyond reasonable doubt
- The premise is wrong: the hearing permits evidence against provisional findings and does not itself concede ultimate liability
- The hearing converts every civil allegation into a conviction
- Only a legislative vote may refute agency evidence
- The respondent must admit guilt before any hearing exists
Legal references
- SEC v. CJH Development Corp., G.R. No. 210316, November 28, 2016, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/62616; finality discussion and SRC Section 64.3.
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