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Basis
Basis
trial-type hearing is not at all times and in all instances essential. The
requirements are satisfied where the parties are afforded fair and
reasonable opportunity to explain their side of the controversy at
hand. The standard of due process that must be met in administrative
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who choose on what type of proceedings shall be conducted in admin cases? Philippines
In fact, the seminal words of Ang Tibay manifest a desire for administrative bodies to exhaust all
possible means to ensure that the decision rendered be based on the accurate appreciation of facts.
The Court reminded that administrative bodies have the active duty to use the authorized legal
methods of securing evidence and informing itself of facts material and relevant to the
controversy. As such, it would be more in keeping with administrative due process that the conduct
of a hearing be the general rule rather than the exception.
The observance of a formal hearing in ·administrative tribunal or bodies other than judicial is not
novel. In Perez v. Philippine Telegraph and Telephone Company, 33 the Court opined that in illegal
dismissal cases, a formal hearing or conference becomes mandatory when requested by the
employee in writing, or substantial evidentiary disputes exists, or a company rule or practice requires
it, or when similar circumstances justify it.