Practice question
An agency allows position papers and receives both parties' exhibits. Its final decision, however, relies decisively on an investigator's undisclosed report, never placed before the parties for response. The deciding board accepts that report mechanically without assessing the record. It argues that relaxed evidentiary rules excuse these steps. What is the strongest analysis?
- Relaxation permits any secret report.
- Position papers conclusively cure every later procedural defect.
- Only the report's page count matters.
- Reliance on undisclosed decisive material and failure of independent consideration conflict with Ang Tibay safeguards.
- The board must ask the losing party to write its decision.
Legal references
- Ang Tibay v. Court of Industrial Relations, G.R. No. 46496, February 27, 1940, cardinal primary rights, https://lawphil.net/judjuris/juri1940/feb1940/gr_46496_1940.html
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