Philippine Bar review · Question

Practice question: Judicial and Administrative Due Process

Multiple Choice Hard

Practice question

An administrative record contains many pages of repeated anonymous rumor but no relevant evidence that a reasonable mind could accept as adequate for the decisive finding. All parties were allowed to file papers. The agency claims the hearing opportunity and page count conclusively satisfy due process and substantial evidence. Which is best?
  1. A large page count always proves liability
  2. A hearing opportunity eliminates the need for any evidentiary basis
  3. The tribunal must still base its material findings on substantial evidence; procedure and volume do not substitute for adequate support
  4. Anonymous repetition automatically becomes a judicial admission
  5. Every agency finding is immune from legal review

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.