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?
- Recommendations can never be considered
- The tribunal must personally gather every exhibit
- The investigator automatically becomes the tribunal
- Adopting reasoning always proves prejudgment
- 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
Answer this question in flashcards to review your response and continue practicing.