Philippine Bar review · Question

Practice question: Administrative Due Process

Multiple Choice Hard

Practice question

An agency sends detailed charges and supporting documents, gives the respondent a real opportunity to submit an answer and evidence, and considers the answer. It issues an adverse decision explaining its factual and legal grounds. The respondent identifies no required omitted hearing or evidentiary exclusion, but says losing proves lack of due process. Which is best?
  1. Every adverse result is a constitutional defect
  2. Due process guarantees a fair opportunity, not a favorable result
  3. The agency must decide for every respondent
  4. Only acquittal can satisfy due process
  5. The respondent may dictate the evidence assessment

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
  • Labastida v. Quires, G.R. No. 251903, January 27, 2025, main opinion: https://lawphil.net/judjuris/juri2025/jan2025/gr_251903_2025.html

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