DUE PROCESS
WHERE CAN THE RIGHT TO DUE PROCESS BE FOUND?
Under Section 1 of Article III of the Philippine Constitution – The Bill of Rights
WHAT IS THE RIGHT OF DUE PROCESS?
No person shall be deprived of life, liberty or property without due process of law?
DOES THIS MEAN THAT A PERSON CAN BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY AS
LONG AS THERE IS DUE PROCESS OF LAW?
Yes. The government is powerful. When unlimited, it becomes tyrannical. The Bill of
Rights is a guarantee that there are certain areas of a person's life, liberty, and
property which governmental power may not touch.
WHAT ARE THE RIGHTS PROTECTED UNDER THE DUE PROCESS CLAUSE?
The right to life
The right to liberty
The right to property
WHAT IS THE RIGHT TO LIFE?
The constitutional protection of the right to life is not just a protection of the right to
be alive The right to life is the right to a good life.
WHAT IS THE RIGHT TO LIBERTY?
The right to liberty means that people must not be arrested and detained, unless
provided for by law. Their arrest and the detention must also not be arbitrary.
WHAT DOES THE RIGHT TO PROPERTY INCLUDE?
Protected property includes all kinds of properly found in the Civil Code. It also
includes the right to work and the right to earn a living.
DO ALL THREE RIGHTS ENJOY THE SAME PROTECTION?
No. They are listed in manner of importance and hierarchy. Right to life is the most
important and most protected, followed by the right to liberty and then the right to
property.
WHAT ARE THE 2 KINDS OF DUE PROCESS
Procedural
Substantive
WHAT IS PROCEDURAL DUE PROCESS?
Procedural due process states that there must be a procedure that is strictly
followed before a person can be deprived of life liberty and property.
WHAT IS SUBSTANTIVE DUE PROCESS?
It is a prohibition of arbitrary laws; because, if all that the due process clause
required were proper procedure, then life, liberty, or property could be destroyed
arbitrarily provided there is a law to that effect and the proper formalities are
observed.
WHAT ARE THE ESSENTIAL REQUIREMENTS OF PROCEDURAL DUE PROCESS IN COURTS?
These must be a court or tribunal clothed with judicial power to hear and
determine the matter before it.
Jurisdiction must be lawfully acquired over the person of the defendant or over
the property which is the subject of the proceedings;
The defendant must be given an opportunity to be heard; and
Judgment must be rendered upon lawful hearing
WHAT ARE THE ESSENTIAL REQUIREMENTS OF PROCEDURAL DUE PROCESS BEFORE
ADMINISTRATIVE AGENCIES?
The right to actual or constructive notice of the institution of proceedings which
may affect a respondent's legal rights;
A real opportunity to be heard personally or with the assistance of counsel, to
present witnesses and evidence in one's favor, and to defend one's rights;
A tribunal vested with competent jurisdiction and so constituted as to afford a
person charged administratively a reasonable guarantee of honesty as well as
impartiality; and
A finding by said tribunal which is supported by substantial evidence submitted
for consideration during the hearing or contained the records or made known to
the parties affected.
WHEN ARE LAWS THAT INTERFERE WITH LIFE, LIBERTY, OR PROPERTY VALID AND
SATISFIES SUBSTANTIVE DUE PROCESS?
That the interests of the public generally, as distinguished from those of a
particular class, require such interference; and,
That the means are reasonably necessary for the accomplishment of the
purpose, and not unduly oppressive upon individuals.
WHAT IS THE PRESUMPTION WHEN THE STATE ACTS TO INTERFERE WITH LIFE,
LIBERTY, OR PROPERTY?
The presumption is that the action is valid.
EXAMPLES OF ACTUAL LAWS. ARE THEY VALID OR DO THEY
VIOLATE THE DUE PROCESS CLAUSE?
Q: In an effort to curb immorality, the city of Manila passed an ordinance which
prohibits “the operation of sauna parlors, massage, parlors, karaoke bars,
beerhouses, night clubs, day clubs, super clubs, discotheques, cabarets, dance halls,
motels and inns in the Ermita- Malate area. Valid?
A: It is baseless and insupportable to bring within that classification of houses of ill-
repute sauna parlors, massage parlors, karaoke bars, night dubs, day clubs, super
clubs, discotheques, cabarets, dance halls, motels and inns. This is not warranted
under the accepted definitions of these terms. The enumerated establishments are
lawful pursuits which are not per se offensive to the moral welfare.
Q: A Manila ordinance prohibits motels from offering short-time admission to curb
immorality. Valid?
A: The ordinance is violative of the right to property of motel operators and of liberty
of potential clients.
Q: Executive Order No. 626 states that no carabao regardless of age, sex, physical
condition or purpose and no carabeef shall be transported from one province to
another. The carabao or carabeef transported in violation of this Executive Order as
amended shall be subject to confiscation and forfeiture. Valid?
A. No. Outright confiscation is not reasonably related to the purpose. Moreover, it is
unduly oppressive. The owner of the property is denied the opportunity to be heard
and the property is immediately confiscated and distributed.
Q: The PRC passed a rule that prohibits candidates for board examinations from
attending review classes or similar exercises? Valid?
A. The Court said that the rule of the Professional Regulatory Commission which
restricts reviewees from attending review classes, briefing conferences or the like,
and receiving any hand out, review material was unreasonable and arbitrary and
violative of the academic freedom of schools.
Q. To promote public health, safety, morals, and the general welfare, the City of Butuan
issued an ordinance prescribing that children between the ages of 7 and 12 should
be charged only half the admission price in movie houses. Valid?
A. No. For the benefit of parents then the cost is passed on to cinema owners. There is
no discernible relation between the ordinance and the promotion of public health,
safety, morals, and the general welfare.
