Philippine Bar review · Question

Practice question: Substantial Evidence

Multiple Choice Medium

Practice question

An agency says it need not consider the respondent’s relevant authenticated records because the complainant filed first. Which is correct?
  1. The first filer automatically controls all facts.
  2. Respondent evidence is always inadmissible in administration.
  3. A later submission can never have probative value.
  4. The tribunal must consider the evidence presented rather than treat filing order as decisive.
  5. Substantial evidence prohibits considering contrary proof.

Legal references

  • A.M. No. 19-08-15-SC, 2019 Amendments to the Revised Rules on Evidence, effective May 1, 2020; Rules 131-133, specifically the cited sections: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
  • Ang Tibay v. Court of Industrial Relations, G.R. No. 46496, February 27, 1940, EN BANC MAIN ruling, substantial evidence and independent evaluation: https://lawphil.net/judjuris/juri1940/feb1940/gr_46496_1940.html

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