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?
- The standard makes every late affidavit conclusive
- The standard still requires adequate persuasive support, and procedural flexibility remains subject to fair play and the decision's stated qualifications
- No affidavit can ever be considered in labor proceedings
- A tribunal may decide without considering the opponent's evidence
- 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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