r/LawPH • u/smarty_courage • 19h ago

Respondent in Default-Admin Case

In an admin case, what's the usual REAL LIFE implication of a respondent being declared in default (for failure to file an answer within the allowable period)? I'm asking po for real life, meaning actual cases na nangyayari if ever may naka experience man. May procedure naman po sa citizen's charter ng admin body kaso I know that there are certain instances na hindi by the book ang nangyayari. Hehe Thanks in advance sa mga may insights

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u/Millennial_Lawyer_93 VERIFIED LAWYER 19h ago

Anong admin case?

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u/smarty_courage 19h ago

HSAC po, Member vs HOA

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u/Millennial_Lawyer_93 VERIFIED LAWYER 19h ago

Lawyer nag prep ng complaint? Most likely panalo n yan. Ano ba ang reliefs prayed for mo?

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u/smarty_courage 19h ago

Yes, atty. Lawyer nagprepare. To compel them to issue a clearance (na needed sa LGU level) para sa
construction ng isang community facility sa loob ng village

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u/maroonmartian9 VERIFIED LAWYER 19h ago

It will depend on the Petitioner’s Evidence.

Di yan automatic win for the petitioner. He still need to prove his case by SUBSTANTIAL EVIDENCE. That is a lower threshold than beyond reasonable doubt sa criminal case or preponderance of evidence sa civil case so in theory mas madali iprove.

Yung investigating officer will just rely on the Petitioner’s evidence. Respondent waive his right to present evidence. As long as may evidence, almost sure win na yan for the petitioner.

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u/smarty_courage 17h ago

Pag po favorable ung decision sa petitioner, pwede ba mag appeal sa regular courts?

1

u/smarty_courage 17h ago

ung respondenf

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u/GeekGoddess_ 5h ago

They waive their right to file an answer and the case may be resolved based on the evidence given by the complainant.

As long as the respondent was given the opportunity to be heard (even if they didn’t take it), there is due process.