Due Process in

Administrative
Proceedings

While such administrative agencies

are not always bound by the strict
requirements of judicial due
process as mentioned above and
spelled out in more detail in the
Revised Rules of Court (or other
relevant laws passed by Congress),
they are still required to respect the
due process clause of our Constitution.

Administrative Agency
A government body charged with
administering and implementing
particular legislation. Examples are
workers' compensation commissions and
the like. The term 'agency' includes any
department, independent establishment,
commission, administration, authority,
board or bureau.

Due Process
Due process simply means the
opportunity to explain ones side or the
opportunity to seek a reconsideration
of the action or ruling complained of.
(Bautista v. Secretary of Labor, 196
SCRA 732)

Administrative Due
Process
a. Disciplinary proceedings against
government officials and employees.
b. Adjudicatory Proceedings by
administrative bodies exercising
quasi-judicial functions.

Essential Requirements

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635
Teodoro Toribio owns and operates Ang Tibay, a leather
company which supplies the Philippine Army. Due to alleged
shortage of leather, Toribio caused the laying off of members
of National Labor Union Inc. NLU averred that Toribios act is
not valid as it is not within the CBA; that there are two labor
unions in AngTibay; NLU and National Workers Brotherhood.
That NWB is dominated by Toribio hence he favors it over NLU.
NLU wishes for a new trial as they were able to come up with
new evidence/documents that they were not able to obtain
before as they were inaccessible and they were not able to
present it before in the CIR.

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635
The SC ruled that there should be a new trial in favor of NLU.
The SC ruled that all administrative bodies cannot ignore or
disregard the fundamental and essential requirements ofdue
process. They are;
(1) The right to a hearing which includes the right of the
party interested or affected to present his own case and
submit evidence in support thereof.
(2) Not only must the party be given an opportunity to
present his case and to adduce evidence tending to establish
the rights which he asserts but the tribunal must consider the
evidence presented.

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635
(3) While the duty to deliberate does not impose the
obligation to decide right, it does imply a necessity which
cannot be disregarded, namely, that of having something to
support its decision. A decision with absolutely nothing to
support it is a nullity, a place when directly attached.
(4) Not only must there be some evidence to support a
finding or conclusion but the evidence must be substantial.
Substantial evidence is more than a mere scintilla It means
such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635

(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 Court ofIndustrial Relationsor any of its judges,
therefore, must act on its or his own independent
consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a
decision.

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635

(7) The Court ofIndustrial Relationsshould, in all

controversial questions, render its decision in such a manner
that the parties to the proceeding can know the various issues
involved, and the reasons for the decisions rendered. The
performance of this duty is inseparable from the authority
conferred upon it.

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635

The Court of Industrial Relations is a special court whose

functions are specifically stated in the law of its creation
(Commonwealth Act No. 103). It is more an administrative
than a part of the integrated judicial system of the nation. It
not only exercises judicial or quasi-judicial functions in the
determination of disputes between employers and employees
but its functions in the determination of disputes between
employers and employees but its functions are far more
comprehensive and expensive.

Ang Tibay v. The Court of Industrial

Relations, 69 Phil 635

CIR has jurisdiction over the entire Philippines, to consider,

investigate, decide, and settle any question, matter
controversy or dispute arising between, and/or affecting
employers and employees or laborers, and regulate the
relations between them, subject to, and in accordance with,
the provisions of Commonwealth Act No. 103 (section 1).

I. Notice
The purpose of notice is to afford the
parties a chance to be heard.
(Gozum v. Liangco 339 SCRA 253)

1. Actual - The information is given to

the party directly
a. Express - An individual is deemed
to have been given express notice when
he or she actually hears it or reads it.
b. Implied - deduced or inferred from
the circumstances rather than from
direct or explicit words.

2. Constructive - Constructive notice

is information that a court deems
that an
individual should have
known.

Ex Parte Motion

A motion that is made in a court with

no notice being given to the party
opposing.

2. Opportunity to Be
Heard
Opportunity to be heard in relation to
due process in administrative
proceedings, does not always require a
trial-type proceeding. Thus, in the
leading case of Ledesma v Court of
Appeals, the Supreme Court ruled that
(d)ue process, as a constitutional
precept, does not always and in all
situations require a trial-type proceeding.

Due process is satisfied when a person

is notified of the charge against him
and given an opportunity to explain or
defend himself. In administrative
proceedings, the filing of charges and
giving reasonable opportunity for the
person so charged to answer the
accusations against him constitute the
minimum requirements of due process.

The essence of due process is simply

to be heard, or as applied to
administrative proceedings, an
opportunity to explain ones side, or an
opportunity to seek a reconsideration
of the action or ruling complained of.
(Ledesma v. CA)

The petitioner who had the same

opportunity to rebut the belatedly-furnished
affidavits of the private respondent's
witnesses was not denied and cannot now
claim denial of due process because she
did not take advantage of the opportunity
opened to her at the Ombudsman level.
(Ruivivar v. OMB)

3. Tribunal

The tribunal must consider the

evidence presented by a party.

Tribunals Independent
Consideration
The tribunal must rely on its own
independent consideration of
evidence, and not rely on the
recommendation of a subordinate.

While the tribunal has no duty to

decide the case correctly, its
decision must be supported by
evidence.
In Ang Tibay v. CIR;

(2) Not only must the party be given an

opportunity to present his case and to adduce
evidence tending to establish the rights which he
asserts but the tribunalmust considerthe
evidence presented. (Chief Justice Hughes in
Morgan v. U.S. 298 U.S. 468, 56 S. Ct. 906, 80 law.
ed. 1288.)

In the language of this court inEdwards vs.

McCoy,
22 Phil., 598,
"the right to adduce evidence, without the
corresponding duty on the part of the board
to consider it, is vain. Such right is
conspicuously futile if the person or persons
to whom the evidence is presented can thrust
it aside without notice or consideration."

Section 36. When Case is Decided

The disciplining authority shall
decide the case within thirty (30)
days from receipt of the Formal
Investigation Report.

When decision should be made

Section 48 (4), Book V of the Administrative
Code of 1987 states when the decision should
be rendered:
The decision shall be rendered by the
disciplining authority within thirty day
from the determination of the
investigation or submission of the report
of the investigator which report shall be
submitted within fifteen days from the
conclusion of the investigation.

Decision requires findings of facts

A valid decision must contain a finding of facts after
hearing and investigation upon which the order is
based; and for lack of such a finding of facts, the order,
decision or conclusion is void (Wichita Railroad and
Light Co. v. Public Utility Commission [260 U.S. 48];
The facts of the case must therefore be considered
fully and stated clearly in the decision because not
only must the party be given an opportunity to present
his case and to adduce evidence tending to establish
the rights which he assert, but the tribunal must
consider the evidence presented.(Morgan v. US)

How parties are notified of decision

Section 14, Chapter 3, Book VII of the
Administrative Code of 1987 provides:

Every decision rendered by the agency in a

contested case shall be in writing and shall state
clearly and distinctly the facts and the law on
which it is based. The agency shall decide each
case within thirty days following its submission.
The parties shall be notified of the decision
personally or by registered mail addressed to
their counsel of record, if any, or to them.

Service of the decision

A copy of a decision may be served on the respondent
himself or the respondents legal counsel or both. The
computation of the period within which to perfect a motion
for reconsideration or an appeal is reckoned from the date of
receipt of the decision by the respondent or by his legal
counsel, whichever is later. Therefore, the administrative
agency has the option as to whom a copy of the decision
should be served, either of whom shall constitute a valid
service. However, refusal to personally receive a copy of the
decision upon being personally handed with one is deemed to
have been validly served at that instance, and thereupon the
period to perfect a motion for reconsideration or an appeal
shall be reckoned from that time. A respondent cannot
frustrate the proper service of a process by simply refusing to
accept it. (De Luna v. Pascual, et al., G.R. No. 144218)

4. Substantial Evidence

Substantial evidence is such relevant

evidence as a reasonable mind might
accept as adequate to support a
conclusion.

In administrative cases, substantial evidence

is required to support any finding. Substantial
evidence is such relevant evidence as a
reasonable mind may accept as adequate to
support a conclusion. The requirement is
satisfied where there is reasonable ground to
believe that the petitioner is guilty of the act
or omission complained of, even if the
evidence might not be overwhelming.
(Tolentino v. Loyola)

Ang Tibay v. CIR

Justice Jose P. Laurel adopted the concept
from an American case that theres no
statutory rule on evidence in
administrative cases.
What has addressed this vacuum through
the years is a judicial fiat, made in 1940,
decreeing substantial evidence as the
quantum of proof for administrative cases.

In administrative proceedings, the

quantum of proof necessary for a
finding of guilt is only substantial
evidence.
(Office of the Court Administrator v.
Bucoy , supra)

Rules of evidence under the Rules of Court

and Administrative Code. Section 5, Rule 133
of the Rules of Court provides:
Section 5. Substantial evidence. In cases
filed before
administrative or quasi-judicial bodies, a fact may
be deemed established if it is supported by
substantial evidence, or that amount of relevant
evidence which a reasonable mind might accept
as adequate to justify a conclusion. (n)

What is not Substantial Evidence

In Ang Tibay v. CIR;
The words of U.S. Supreme Court Chief
Justice Hughes, in 1938, states that
mere uncorroborated hearsay or
rumor does not constitute substantial
evidence.