Scribd Logo
Upload

Welcome to Scribd!

  • 2K views

    Ang Tibay Doctrine On Due Process (Printed)

    Uploaded by

    Antonio J. David II
    1) The document discusses the requirements of due process in administrative proceedings according to Philippine jurisprudence. Specifically, it outlines 7 requisites established in Ang Tibay v. CIR for administrative due process, including the rights to a hearing, to present evidence, and for the decision to be based on evidence. 2) It also summarizes a ruling in Ledesma v. Court of Appeals that due process in administrative cases is satisfied by notice of charges and a reasonable opportunity to respond. 3) The essence of due process in administrative cases is to have a fair opportunity to explain one's side or seek reconsideration of a ruling, and technical rules of procedure do not strictly apply.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Ang Tibay Doctrine On Due Process (Printed)

    Uploaded by

    Antonio J. David II
    2K views2 pages
    1) The document discusses the requirements of due process in administrative proceedings according to Philippine jurisprudence. Specifically, it outlines 7 requisites established in Ang Tibay v. CIR for administrative due process, including the rights to a hearing, to present evidence, and for the decision to be based on evidence. 2) It also summarizes a ruling in Ledesma v. Court of Appeals that due process in administrative cases is satisfied by notice of charges and a reasonable opportunity to respond. 3) The essence of due process in administrative cases is to have a fair opportunity to explain one's side or seek reconsideration of a ruling, and technical rules of procedure do not strictly apply.

    Original Description:

    Doc

    Original Title

    Ang Tibay Doctrine on Due Process [Printed]

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) The document discusses the requirements of due process in administrative proceedings according to Philippine jurisprudence. Specifically, it outlines 7 requisites established in Ang Tibay v. CIR for administrative due process, including the rights to a hearing, to present evidence, and for the decision to be based on evidence. 2) It also summarizes a ruling in Ledesma v. Court of Appeals that due process in administrative cases is satisfied by notice of charges and a reasonable opportunity to respond. 3) The essence of due process in administrative cases is to have a fair opportunity to explain one's side or seek reconsideration of a ruling, and technical rules of procedure do not strictly apply.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Ang Tibay Doctrine On Due Process (Printed)

    Uploaded by

    Antonio J. David II
    1) The document discusses the requirements of due process in administrative proceedings according to Philippine jurisprudence. Specifically, it outlines 7 requisites established in Ang Tibay v. CIR for administrative due process, including the rights to a hearing, to present evidence, and for the decision to be based on evidence. 2) It also summarizes a ruling in Ledesma v. Court of Appeals that due process in administrative cases is satisfied by notice of charges and a reasonable opportunity to respond. 3) The essence of due process in administrative cases is to have a fair opportunity to explain one's side or seek reconsideration of a ruling, and technical rules of procedure do not strictly apply.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    1

    ANG TIBAY DOCTRINE ON DUE the record and disclosed to the


    PROCESS parties;

    The essence of procedural due process 6. The tribunal or any of its judges
    is embodied in the basic requirement of must act on its or his own
    notice and a real opportunity to be independent consideration of the
    heard. In administrative proceedings, facts and the law of the
    such as in the case at bar, procedural controversy, and not simply
    due process simply means the accept the views of a subordinate
    opportunity to explain one’s side or the in arriving at a decision; and
    opportunity to seek a reconsideration of
    the action or ruling complained of. "To 7. The board or body should, in all
    be heard" does not mean only verbal controversial questions, render its
    arguments in court; one may be heard decision in such a manner that
    also thru pleadings. Where opportunity the parties to the proceeding will
    to be heard, either through oral know the various issues involved,
    arguments or pleadings, is accorded, and the reasons for the decision.
    there is no denial of procedural due (G.R. No. 46496. February 27,
    process. (G.R. No. 187854. November 1940. 69 Phil 635.)
    12, 2013)
    In Ledesma v Court of Appeals, the
    In Ang Tibay v. CIR, the Supreme Court Supreme Court ruled that "[d]ue
    enumerated the requisites of process, as a constitutional precept,
    administrative due process, as follows: does not always and in all situations
    1. The right to a hearing, which require a trial-type proceeding. Due
    includes the right to present one’s process is satisfied when a person is
    case and submit evidence in notified of the charge against him and
    support thereof; given an opportunity to explain or
    defend himself. In administrative
    2. The tribunal must consider the proceedings, the filing of charges and
    evidence presented; giving reasonable opportunity for the
    person so charged to answer the
    3. The decision must have accusations against him constitute the
    something to support itself; minimum requirements of due process.
    The essence of due process is simply to
    4. The evidence must be be heard, or as applied to administrative
    substantial; proceedings, an opportunity to explain
    one’s side, or an opportunity to seek a
    5. The decision must be rendered reconsideration of the action or ruling
    on the evidence presented at the complained of." (G.R. No. 166780.
    hearing, or at least contained in December 27, 2007)

    @AJDII
    2

    The observance of fairness in the


    conduct of any investigation is at the
    very heart of procedural due process.
    The essence of due process is to be
    heard, and, as applied to administrative
    proceedings, this means a fair and
    reasonable opportunity to explain one’s
    side, or an opportunity to seek a
    reconsideration of the action or ruling
    complained of. Administrative due
    process cannot be fully equated with
    due process in its strict judicial sense,
    for in the former a formal or trial-type
    hearing is not always necessary, and
    technical rules of procedure are not
    strictly applied. (Persida Acosta (2017).
    What constitutes due process in
    administrative cases? August 15, 2017.

    @AJDII

    You might also like