Practice question
A respondent receives proper charges and evidence and a genuine opportunity to answer under the governing procedure, but voluntarily files nothing despite sufficient time. No omitted mandatory step is identified. The respondent argues that due process requires the agency to force him to submit a defense. Which is the best answer?
- Every refusal to participate automatically destroys the agency’s jurisdiction.
- A party must be physically forced to write evidence.
- No administrative case can proceed unless the respondent agrees with it.
- The required meaningful opportunity is distinct from a duty to compel the party to use it.
- Silence automatically proves liability without any supporting evidence.
Legal references
- Ang Tibay v. Court of Industrial Relations, G.R. No. 46496, February 27, 1940, main decision: https://lawphil.net/judjuris/juri1940/feb1940/gr_46496_1940.html
- Labastida v. Quires, G.R. No. 251903, January 27, 2025, main decision: https://lawphil.net/judjuris/juri2025/jan2025/gr_251903_2025.html
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