Philippine Bar review · Question

Practice question: Substantial Evidence

Multiple Choice Medium

Practice question

In an administrative proceeding, a relevant authenticated attendance record and credible firsthand testimony adequately support a finding to a reasonable mind. The respondent argues the finding must fail solely because criminal proof beyond reasonable doubt was not met. Assuming no special rule changes the quantum, is that objection sound?
  1. Yes; every administrative finding requires the criminal standard
  2. Yes; documentary evidence is forbidden administratively
  3. No; the applicable substantial-evidence standard is distinct from criminal conviction
  4. Yes; only a guilty plea can support the finding
  5. No; therefore the record need not be evaluated

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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