Philippine Bar review · Question

Practice question: Substantial Evidence

Multiple Choice Hard

Practice question

A labor tribunal receives late affidavits on appeal without an explanation for the delay and treats their bare denials as automatically defeating a detailed earlier account. It invokes 'substantial evidence' and procedural flexibility as grounds to avoid examining their credibility or fairness. Under Agapito, which is sound?
  1. The standard makes every late affidavit conclusive
  2. The standard still requires adequate persuasive support, and procedural flexibility remains subject to fair play and the decision's stated qualifications
  3. No affidavit can ever be considered in labor proceedings
  4. A tribunal may decide without considering the opponent's evidence
  5. The party submitting last must always win

Legal references

  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, current Rules 128 §3, 130 §§21–22, 131 §1, 133 §§1–2,4–6.
  • https://lawphil.net/judjuris/juri1940/feb1940/gr_46496_1940.html — Ang Tibay v. Court of Industrial Relations, G.R. No. 46496, February 27, 1940, EN BANC MAIN decision (substantial evidence and administrative due process).
  • https://lawphil.net/judjuris/juri2022/apr2022/gr_248304_2022.html — Agapito v. Aeroplus Multi-Services, Inc., G.R. No. 248304, April 20, 2022, MAIN decision (limits on procedural and evidentiary liberality).

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