Due Process in Administrative Proceedings

Due Process in Administrative ProceedingsWhile 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 AgencyA 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 ProcessDue 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 Processa. Disciplinary proceedings against government officials and employees.

b. Adjudicatory Proceedings by administrative bodies exercising quasi-judicial functions.Essential RequirementsAng 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. NoticeThe 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 HeardOpportunity 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 EvidenceSubstantial 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. CIRJustice 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 EvidenceIn 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.