Administrative Due Process Flashcards
What are the requirements of administrative due process?
In Ang Tibay v. CIR, 69 Phil 635, the Court enumerated the requisites of administrative due process, as follows:
(1) The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof;
(2) The tribunal must consider the evidence presented;
(3) The decision must have something to support itself;
(4) The evidence must be substantial;
(5) The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties;
(6) The tribunal or any of its judges must act on its or his own independent consideration of the facts and the law of the controversy and not simply accept the views of a subordinate in arriving at a decision; and
(7) The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding will know the various issues involved, and the reasons for the decision.
