Friday, October 5, 2018

Administrative cases; the right to cross-examine is not an indispensable aspect of administrative due process

See - https://www.lawphil.net/judjuris/juri2013/jun2013/gr_198755_2013.html"x x x.

G.R. No. 198755, June 5, 2013
ALBERTO PAT-OG, SR., Petitioner, vs. CIVIL SERVICE COMMISSION, Respondent.


The essence of due process is simply to be heard, or as applied to administrative proceedings, a fair and reasonable opportunity to explain one’s side, or an opportunity to seek a reconsideration of the action or ruling complained of.22 Administrative due process cannot be fully equated with due process in its strict judicial sense. In administrative proceedings, a formal or trial-type hearing is not always necessary23 and technical rules of procedure are not strictly applied. Hence, the right to cross-examine is not an indispensable aspect of administrative due process.24 The petitioner cannot, therefore, argue that the affidavit of Bang-on and his witnesses are hearsay and insufficient to prove his guilt.

At any rate, having actively participated in the proceedings before the CSC-CAR, the CSC, and the CA, the petitioner was apparently afforded every opportunity to explain his side and seek reconsideration of the ruling against him.1âwphi1

As to the issue of the veracity of the affidavits, such is a question of fact which cannot now be raised before the Court under Rule 45 of the Rules of Court. The CSC-CAR, the CSC and the CA did not, therefore, err in giving credence to the affidavits of the complainants and his witnesses, and in consequently ruling that there was substantial evidence to support the finding of misconduct on the part of the petitioner.

x x x."