This case has been cited 1 times or more.
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2005-06-08 |
CHICO-NAZARIO, J. |
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| Kinship alone does not establish bias and partiality.[22] Bias and partiality cannot be presumed. In administrative proceedings, no less than substantial proof is required.[23] Mere allegation is not equivalent to proof.[24] Mere suspicion of partiality is not enough. There should be hard evidence to prove it, as well as manifest showing of bias and partiality stemming from an extrajudicial source or some other basis.[25] Thus, in the case at bar, there must be convincing proof to show that the members of the fact-finding committee unjustifiably leaned in favor of one party over the other. In addition to palpable error that may be inferred from the decision itself, extrinsic evidence is required to establish bias.[26] The petitioner miserably failed to substantiate her allegations. In effect, the presumption of regularity in the performance of duty prevails.[27] | |||||