A the election period shall commence 90 days before

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Unformatted text preview: al or body of any of its judges must act on its own independent consideration of the law and facts of the controversy in arriving at a decision; 7. The board or body should render decision that parties know the various issues involved and reason for such decision 8. Officer or tribunal must be vested with competent jurisdiction and must be impartial and honest. (Ang Tibay v. CIR, G.R. No. L‐46496, Feb. 27, 1940) Note: The essence of procedural due process in administrative proceedings is the opportunity to be heard, i.e. the opportunity to explain one’s side or opportunity to seek reconsideration of an adverse decision. What the law prohibits is not the absence of previous notice but the absolute absence thereof and the lack of opportunity to be heard. Q: Does the due process clause encompass the right to be assisted by counsel during an administrative inquiry? A: No. The right to counsel which may not be waived, unless in writing and in the presence of counsel, as recognized by the Constitution, is a right of a suspect in a custodial investigation. It is not an absolute right and may, thus, be invoked or rejected in criminal proceeding and, with more reason, in an administrative inquiry. (Lumiqued v. Exevea, G.R No.. 117565, Nov. 18, 1997) Q: What is the quantum of proof required in administrative proceedings? A: Only substantial evidence – that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Q: When is the requirement of notice and hearing not necessary? A: 1. Urgency of immediate action 2. Tentativeness of administrative action 3. Grant or revocation of licenses or permits to operate certain businesses affecting public order or morals 4. Summary abatement of nuisance per se which affects safety of persons or property 5. Preventive suspension of public officer or employee facing administrative charges 6. Cancellation of a passport of a person sought for criminal prosecution 7. Summary proceedings of distraint and levy upon pr...
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This document was uploaded on 03/12/2014.

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