BOARD RESOLUTION NO.

___
WHEREAS, the Human Rights Victims Claims Board (henceforth, this
Board) is faced with resolving a total of 75,730 claims;
WHEREAS, this Boards term was extended up to May 2018, giving this
Board less than 24 months to carry out its mandate, with 18 months
devoted to adjudication activities such as deliberation, investigation
and verification, and resolution finalization and signing of the
remaining ______ unresolved claims;
WHEREAS, the technical services staff has identified that the most
time-consuming portion of the value chain is the resolution writing,
which necessitates listing down the evidence submitted, and
summarizing facts alleged and proved by claimant;
WHEREAS, the financial resources of this Board constrains it to work
within the limited resources available to it, precluding the possibility of
hiring additional staff to augment its already overburdened staff
complement;
WHEREAS, freeing the legal staff from the tedious tasks would allow
them to focus on assisting this Board (through their assigned
Divisions) in the latters task of adjudicating and verifying claims;
WHEREAS, requirements of administrative due process does not
mandate a specific form for decisions of administrative tribunals;
WHEREAS, the landmark case Ang Tibay v. CIR has laid down the
cardinal requirement of administrative due process, as follow:
1. the right to a hearing, which includes the right to present ones
case and submit evidence thereof;
2. the tribunal must consider the evidence presented;
3. the evidence must be substantial
4. the decision must be rendered on the evidence submitted at the
hearing, or at least c----- and disclosed to the parties affected;
5. the tribunal or body or any of its judges must act in its own
independent consideration and facts of the controversy and not
simply accept the views of a subordinate in arriving at a
decision;
6. the board or body, should, in all controversial question, render
its decision in such as manner that the parties to the proceeding

can know the various issues involved, and the reason for the
decision.
WHEREAS, in the case of Solid Homes v. Laserna, the Supreme Court
stated that there is no requirement in the Ang Tibay that the decision
must expressly state the facts and the law on which it is based. For as
long as the administrative decision is grounded on evidence, and
expressed in a manner that sufficiently informs the parties of the
factual and legal basis of the decision, the due process requirement is
satisfied.
WHEREAS, the same case concedes that while the Rules of Court may
find suppletory application in the proceedings of administrative
tribunals, they apply only whenever practicable and convenient and
that there is no mandate that requires the application of the Rules of
Court in Administrative proceedings.;
WHEREAS, the attached proposed Decision Form (Annex A) adheres
to the above requirements in Ang Tibay and Solid Homes, as follows:
Requirement under Ang Tibay
1. the right to a hearing, which
includes the right to present
ones case and submit
evidence thereof;
2. the tribunal must consider
the evidence presented;
3. the evidence must be
substantial

Item in the proposed decision

template showing compliance
with said requirement
- date of filing
- date of deliberations
- entries in evidence column
-

evidence column
corresponding to the finding

evidence column
corresponding to the finding
checkbox under DENIAL for
insufficient evidence and lack
of substantial evidence
points on the upper right
corner for the final award
points for each violation
claimant is eligible for
entry on finding column
corresponds to an entry on
evidence column
signature of Board members
on the CERTIFICATION

4. the decision must be

rendered on the evidence
submitted at the hearing, or
at least c----- and disclosed
to the parties affected;

5. the tribunal or body or any

of its judges must act in its

own independent
consideration and facts of
the controversy and not
simply accept the views of a
subordinate in arriving at a
decision;
6. the board or body, should, in
all controversial question,
render its decision in such as
manner that the parties to
the proceeding can know the
various issues involved, and
the reason for the decision.

portion
wording of the certification
reflects this requirement

column containing the various

violations contains the header
ISSUES
reason for the decision
reflected in the check boxes
and freehand entries in
Additional Notes

WHEREFORE, in view of the foregoing, this Board resolves to

adopt and hereby adopts the Attached Template (attached as
Annex A), as the main document showing its decision on claims
submitted to it.
measure output of each Division on the number of claims
adjudicated based on the number of Decision Forms produced;
(No. of claims adjudicated = No. of claims deliberated no. of
claims deferred)
direct the legal division to ...