Professional Documents
Culture Documents
Administrative
Proceedings
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
I. Notice
The purpose of notice is to afford the
parties a chance to be heard.
(Gozum v. Liangco 339 SCRA 253)
Ex Parte Motion
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.
3. Tribunal
Tribunals Independent
Consideration
The tribunal must rely on its own
independent consideration of
evidence, and not rely on the
recommendation of a subordinate.
4. Substantial Evidence