Practice question
A respondent is properly served with an administrative charge, its supporting evidence, and a reasonable deadline to answer. Without any obstacle to participating, he deliberately declines to submit a defense. The agency then considers the disclosed record independently and gives a reasoned decision supported by substantial evidence. He claims denial of due process solely because he chose not to speak. Which assessment is best?
- His choice automatically voids the decision.
- A meaningful opportunity was afforded; voluntary nonuse alone does not show denial of due process.
- The agency may ignore the evidence because no answer was filed.
- The respondent must be found liable regardless of the record.
- A criminal conviction is automatically established.
Legal references
- Zoleta v. Investigating Staff, Internal Affairs Board, Office of the Ombudsman, G.R. No. 258888, April 8, 2024, Part II, https://lawphil.net/judjuris/juri2024/apr2024/gr_258888_2024.html
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