Philippine Bar review · Question

Practice question: Judicial and Administrative Due Process

Multiple Choice Medium

Practice question

An administrative respondent receives the charge and supporting materials and has a meaningful opportunity to file affidavits and a position paper. He argues that the absence of courtroom cross-examination alone necessarily invalidates the proceeding. Is that correct?
  1. Yes, every administrative case must reproduce a criminal trial.
  2. No; cross-examination and a trial-type hearing are not invariably indispensable to administrative due process.
  3. Yes, written submissions can never constitute a hearing opportunity.
  4. No, because agencies may disregard all fairness requirements.
  5. Yes, because the respondent must approve the procedure.

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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