Due Process in Administrative Proceedings

Posted by Admin | Posted in Administrative Law | Posted on 16-07-2010

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The following requirements must be present in all proceedings of administrative character:

1) The right to a hearing, that is, the right of the party interested or affected to present his own case and submit evidence in support thereof;

2) The tribunal must consider the evidence presented;

3) There must be evidence to support its conclusion or decision;

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 affected;

6) The tribunal must act on its own or its independent consideration of the law and facts of the controversy; and

7) The decision must be rendered in such a manner that parties to the proceeding can know the various issues involved, and the reasons for the decision rendered.

(Ang Tibay vs. Court of Industrial Relations, 69 Phil 635)

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