Philippine Bar review · Question

Practice question: Administrative Due Process

Multiple Choice Hard

Practice question

An adjudicator receives a subordinate's proposed finding, refuses to examine the contrary evidence properly submitted by the respondent, and signs an unexplained disposition because the subordinate instructed that the result was mandatory. Which is best under Ang Tibay?
  1. Delegation permits ignoring the record
  2. A subordinate's confidence is a substitute for evidence
  3. The process implicates the duties to consider evidence, decide independently and explain the result
  4. A signature automatically cures all defects
  5. No reasons are needed in any agency case

Legal references

  • Ang Tibay v. Court of Industrial Relations, G.R. No. 46496, February 27, 1940, main opinion: https://lawphil.net/judjuris/juri1940/feb1940/gr_46496_1940.html

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