FACTS:

• Atty. Floro applied for judgeship twice on 1995 and 1998 but failed due to a psychological evaluation
done to him. Both tests showed that Floro is unfit to become a judge.
• However, due to his academic background, the JBC allowed Floro to seek a second opinion from
private practitioners which was favorable. Thus, he was appointed as an RTC Judge of Malabon City.
• An audit was performed by the Office of Court Administrator. They then charged Floro with an
administrative complaint. One of their grounds is Floro's appearance as private counsel without prior
authority from the Supreme Court or applications for leave of absence.
• Floro denies the charge arguing that the OCA has failed to show clear and convincing evidence
showing he really appeared as private counsel without authority from the Supreme Court.

ISSUE: Whether or not administrative proceedings are subject to limitations by the fundamental
requirement of due process

HELD: Yes. The OCA has failed to substantiate its claim that Judge Floro has been attending the hearing
of his personal cases without filing for leave of absence. As Judge Floro vehemently protests the charge
as untrue, it was incumbent upon the OCA to prove its case. Time and again we have held that although
administrative proceedings are not strictly bound by formal rules on evidence, the liberality of
procedure in administrative actions is still subject to limitations imposed by the fundamental
requirement of due process.