Philippine Bar review · Question

Practice question: Judicial and Administrative Due Process

Multiple Choice Medium

Practice question

An administrative board reads the disclosed record and independently adopts an investigator’s recommendation because it finds the reasoning and evidence persuasive. A respondent says any adoption of a recommendation necessarily violates the independent-judgment requirement. Which is correct?
  1. Recommendations can never be considered
  2. The tribunal must personally gather every exhibit
  3. The investigator automatically becomes the tribunal
  4. Adopting reasoning always proves prejudgment
  5. Independent review and reasoned adoption differ from mechanically accepting a recommendation without considering the record

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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