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Unformatted text preview: ply the law as they construe it to the facts so found. It partakes the nature of judicial power, but is exercised by a person other than a judge. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ADMINISTRATIVE LAW Q: How is the jurisdiction of a quasi‐judicial agency construed? A: An administrative body to which quasi‐judicial power has been delegated is a tribunal of limited jurisdiction and as such it could wield only such powers as are specifically granted to it by its enabling statute. Its jurisdiction is interpreted strictissimi juris. 2.a. Administrative Due Process Q: What is the nature of administrative proceedings? A: It is summary in nature. Q: Is administrative proceedings bound by technical rules of procedure and evidence? A: The technical rules of procedure and of evidence prevailing in courts of law and equity are not controlling in administrative proceedings to free administrative boards or agencies from the compulsion of technical rules so that the mere admission of matter which would be deemed incompetent in judicial proceedings would not invalidate an administrative order. Note: The rules of procedure of quasi‐judicial bodies shall remain effective unless disapproved by the Supreme Court. Q: What are the cardinal primary requirements of due process in administrative proceedings? A: 1. Right to a hearing which includes the right to present one’s case and submit evidence in support 2. The tribunal must consider the evidence presented 3. The decision must be supported by evidence 4. Such evidence must be substantial 5. The decision must be based on the evidence presented at the hearing or at least contained in the record, and disclosed to the parties affected 6. The tribun...
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This document was uploaded on 03/12/2014.

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