POLICE POWER

- Characterized as the most essential and the least limitable of powers, extending as it does
to all public needs.

- It is the power vested in the legislature to make, ordain, and establish all manner of
wholesome and reasonable laws, statutes, and ordinances, either with penalties or without,
not repugnant to the Constitution, as they shall judge to be for the good and welfare of the
Commonwealth, and of the subjects of the same.

- It is exercised by the legislative branch through the enactment of laws, and by the executive
branch through the implementation and enforcement of these laws.

Purpose: The primary purpose of police power is to promote the general welfare, public health,
safety, peace, and morals of the community.

Scope: The scope of police power is broad and includes regulations that affect the use of
property, conduct of individuals, and activities within the state's jurisdiction.

Limitations: While police power is extensive, it must be exercised within constitutional limits. The
exercise of police power must not violate the Constitution or infringe on fundamental rights.

The exercise of police power must respect the rights guaranteed by the Bill of Rights. Any law or
regulation enacted under police power must not violate the fundamental rights of individuals.

However, certain rights may be subject to reasonable regulation by the State in the interest of
public welfare. For example, the right to free speech may be regulated to prevent hate speech
or incitement to violence.

"Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws."

Meaning of Life, Liberty, and Property

1. Life:

●​ Refers to the right to life itself, which includes the right to be free from arbitrary or
unlawful deprivation of life.
●​ This encompasses the protection of an individual's physical existence and the right to
live a life of dignity.
 ●​ The right to life is not limited to mere physical existence but extends to the quality of life.
●​ Life as understood under the due process clause connotes in the first place the integrity
of the physical person. The meaning is that it is not permissible for the government to
deprive the individual of any part of his body, and this is true even if it be as punishment
for crime.
●​ Reflects a broader interpretation that includes social justice and protection of the unborn.
●​ Example: Laws prohibiting murder or ensuring access to healthcare services protect the
right to life.

2. Liberty:

●​ Liberty is a broad concept that includes various rights and freedoms essential to
individual autonomy and human dignity.
●​ According to Mabini, “liberty is the freedom to do the right and never wrong.”
●​ Liberty, as guaranteed under the due process clause, is not unbridled license; it is liberty
regulated by law. A person is free to act but he may exercise his rights only in such
manner as not to injure the rights of others.
●​ Liberty is not just freedom from physical restraint but also includes the right to use one's
faculties in lawful ways.
●​ Includes the right to live and work where one chooses, earn a livelihood by any lawful
occupation, and enter into contracts.
●​ Justice Malcolm emphasized that liberty encompasses the right to exist and be free from
arbitrary restraint or servitude.
●​ Example: Laws ensuring freedom of speech, freedom of movement, and the right to
privacy protect various aspects of liberty.

3. Property:

●​ Property refers to all types of tangible and intangible assets that an individual legally
owns.
●​ This will include all things- real, personal, tangible, and intangible – that are within the
commerce of man.
●​ Property is anything that can come under the right of ownership and be the subject of
contract.
●​ It includes real estate, personal belongings, intellectual property, and financial assets.
●​ The right to property entails the right to acquire, own, use, and dispose of property
without unjust government interference.
●​ Example: Laws protecting against unlawful seizure or expropriation of property ensure
the right to property.

Not Under Property:

- Public Office
- Mere privileges, such as license to operate a cockpit or a liquor store, are not property rights
and are therefore revocable at will.

- One does not have a vested property right in the continued operation of a law, which may be
repealed or amended at will by the legislature, or in the maintenance of a judicial doctrine,
which may be modified or reversed in the discretion of the Supreme Court.

The protection of life, liberty, and property under Section 1 is broad and encompasses various
aspects of individual rights and freedoms.

The due process clause ensures that any deprivation of these rights must follow fair and just
procedures while also being reasonable and necessary.

The equal protection clause mandates that all individuals, regardless of citizenship or status, are
entitled to the same legal protections.

The State has the authority to regulate and impose limitations on these rights in the interest of
public welfare, health, and safety, but such regulations must comply with due process and equal
protection principles.

Hierarchy of Rights

1. Right to Life

●​ Highest Priority:
○​ The right to life is considered the highest in the hierarchy because it is the
foundation of all other rights. Without life, other rights cannot be enjoyed.
○​ This includes the right to be free from arbitrary deprivation of life and
encompasses the right to a dignified existence.
○​ Example: Laws that protect individuals from murder, extralegal killings, and
enforced disappearances prioritize the right to life.

2. Right to Liberty

●​ Second in Priority:
○​ Liberty encompasses various freedoms essential to individual autonomy and
human dignity, such as freedom of movement, speech, religion, and the right to
privacy.
○​ While liberty is highly protected, it can be subject to reasonable limitations in the
interest of public order, health, safety, and morals.
○​ Example: Restrictions on freedom of movement during a public health
emergency (e.g., quarantine measures) may be justified to protect public health.
3. Right to Property

●​ Third in Priority:
○​ Property rights include the right to acquire, own, use, and dispose of property
without unjust government interference.
○​ Property rights are protected but can be regulated by the State to promote the
general welfare, public health, and safety.
○​ Example: The government's power of eminent domain allows it to expropriate
private property for public use, provided there is just compensation and due
process.

FATHER BERNAS:

1.​ Property Rights vs. Human Rights:

○​ Property Rights:
■​ Property rights can be lost through prescription, which means that if
property is not claimed or used by the owner for a certain period, it can be
acquired by another party through adverse possession.
■​ Property rights are important but can be regulated and limited by the
government under certain conditions, such as ensuring they are not
arbitrary, discriminatory, or oppressive.
■​ Laws that restrict or impair property rights can be validated if there is a
reasonable or rational relation between the means employed by the law
and its objective.
■​ The law must not be arbitrary, discriminatory, or oppressive.
○​ Human Rights:
■​ Human rights are imprescriptible, meaning they cannot be lost or
extinguished by the passage of time.
■​ These rights are fundamental and inalienable, serving as a permanent
safeguard against government tyranny and oppression by powerful
entities.
■​ Infringement of human rights requires a more stringent standard.
■​ The government must demonstrate the existence of a grave and
immediate danger of a substantive evil that the State has the right to
prevent.
■​ This higher standard reflects the importance of protecting fundamental
freedoms from unjustified government interference.

2.​ Importance of Human Rights in the Bill of Rights:

 ○​ The Bill of Rights serves as a crucial limitation on government power, ensuring
that individual freedoms are protected from abuse by officials, majorities, or
influential groups.
○​ If human rights were subject to prescription, the protections offered by the Bill of
Rights would be rendered ineffective, compromising its role as a shield against
tyranny.

DUE PROCESS

- Due process in the Philippines is a fundamental constitutional guarantee that ensures

fairness in legal proceedings and government actions. It is enshrined in Section 1, Article III
of the 1987 Philippine Constitution.

- The Supreme Court described due process merely as responsiveness to the supremacy of
reason, obedience to the dictates of dictates of justice.

- It is the embodiment of the sporting idea of fair play.

- Due process is a guaranty against any arbitrariness on the part of the government, whether
committed by the legislature, the executive, or the judiciary.

Protection of Individual Rights:

- Due process safeguards individuals from arbitrary and unjust government actions.

- It ensures that individuals' life, liberty, and property are protected under the law.

Promotes Fairness and Justice:

- By requiring fair procedures and reasonable laws, due process promotes justice and
fairness in the legal system.

- It helps maintain public trust in the government and the rule of law.

SUBSTANTIVE DUE PROCESS

- Substantive due process requires the intrinsic validity of the law in interfering with the rights
of the person to his life, liberty, or property. The inquiry in this regard is not whether or not
the law is being enforced in accordance with the prescribed manner but whether or not, to
begin with, it is a proper exercise of legislative power.

- To be so, the law must have a valid governmental objective, the interests of the public
generally as distinguished from those of a particular class require the intervention of the
State.
- Substantive due process is a constitutional principle that requires laws interfering with an
individual's life, liberty, or property to be fundamentally fair, reasonable, and just. It focuses
on the content and validity of the law itself, rather than the procedures by which it is
enforced.

Key Elements of Substantive Due Process

1.​ Intrinsic Validity of the Law:

○​ Substantive due process examines whether the law itself is valid and just in its
interference with an individual's rights.
○​ The primary question is whether the law constitutes a proper exercise of
legislative power.

Ichong v. Hernandez (G.R. No. L-7995, May 31, 1957)

The Supreme Court upheld the Retail Trade Nationalization Law, emphasizing the need for laws
to have a valid governmental objective and to be a proper exercise of legislative power.

Legal Principle: Laws must be inherently fair and just, serving a legitimate public interest.

2.​ Proper Exercise of Legislative Power:

○​ For a law to be a valid exercise of legislative power, it must serve a legitimate
governmental objective.
○​ The law must be aimed at promoting the general welfare, public health, safety,
morals, or other significant public interests.

Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila (G.R.
No. L-24693, July 31, 1967)

The Supreme Court validated an ordinance regulating motels and hotels, highlighting the
importance of promoting public morals and welfare as a legitimate governmental objective.

Legal Doctrine: Police power allows the State to enact laws that promote the general welfare,
public health, safety, and morals.

3.​ Valid Governmental Objective:

○​ The law must have a valid governmental objective that justifies its interference
with individual rights.
 ○​ This objective should benefit the public generally, rather than serving the
interests of a specific class or group.

White Light Corporation v. City of Manila (G.R. No. 122846, January 20, 2009)

The Supreme Court invalidated an ordinance restricting short-time admissions in motels, finding
that it lacked a reasonable basis and did not serve a valid governmental objective.

Legal Doctrine: The State must demonstrate that laws interfering with individual rights are
aimed at achieving a legitimate public interest and are not arbitrary or oppressive.

Standards and Tests for Substantive Due Process

Reasonableness Test

The Reasonableness Test is used to determine whether a law is rationally related to achieving a
legitimate government interest. The law must be reasonable, not arbitrary or oppressive, and
must serve a legitimate public purpose.

Strict Scrutiny Test

The Strict Scrutiny Test is applied to laws that affect fundamental rights or involve suspect
classifications such as race, religion, or national origin.

The law must serve a compelling state interest and must be narrowly tailored to achieve that
interest.

PROCEDURAL DUE PROCESS

- “Strike, but hear me first!” - is often attributed to the Greek statesman Themistocles. It
encapsulates the essence of procedural due process, emphasizing the importance of
allowing an individual to be heard before any action is taken against them.

- Whether in judicial or administrative proceedings, the heart of procedural due process is the
need for notice and an opportunity to be heard.

Key Elements of Procedural Due Process/ Twin Requirements:

 1.​ Notice:
○​ The affected individual must be informed of the government action and the
reasons behind it.
○​ Notice must be given in a manner that is reasonably calculated to inform the
person of the proceedings.
2.​ Opportunity to be Heard:
○​ The affected individual must have a fair chance to present their case and defend
their rights.
○​ This includes the right to present evidence, call witnesses, and have legal
representation.

The Supreme Court of the Philippines has outlined the essential requirements of procedural due
process in various cases. One landmark case is Ang Tibay v. The Court of Industrial
Relations (G.R. No. 46496, February 27, 1940), which enumerated the following requisites:

1.​ Right to a Hearing:

○​ The right to present one's case and submit evidence in support of it.
2.​ Tribunal Must Consider Evidence Presented:
○​ The tribunal must consider the evidence presented by both parties.
3.​ Decision Must Have Substantial Evidence:
○​ The decision must be based on substantial evidence presented during the
hearing.
4.​ Decision Must Be Rendered on the Evidence Presented:
○​ The decision must be based solely on the evidence presented and disclosed to
the parties.
5.​ Tribunal Must Act on Its Own Independent Consideration of the Law and Facts:
○​ The tribunal must act independently in its consideration of the case, without bias
or undue influence.
6.​ Decision Must Be Rendered in Such a Manner That the Parties Can Know the
Various Issues Involved and the Reasons for the Decision:
○​ The decision must clearly state the issues involved and the reasons for the
decision, allowing the parties to understand the basis for the ruling.

Importance of Procedural Due Process

●​ Protection of Individual Rights:

○​ Procedural due process safeguards individuals from arbitrary and unjust
government actions.
○​ It ensures that individuals' life, liberty, and property are protected under the law.
●​ Promotes Fairness and Justice:
○​ By requiring fair procedures, procedural due process promotes justice and
fairness in the legal system.
○​ It helps maintain public trust in the government and the rule of law.
JUDICIAL DUE PROCESS

- Judicial due process is a fundamental principle that ensures fairness and justice in the
adjudication of cases by the courts. It is derived from the broader concept of due process.

Requirements of Procedural Due Process in Judicial Proceedings:

1. There must be an impartial court or tribunal clothed with judicial power to hear and
determine the matter before it.

2. Jurisdiction must be lawfully acquired over the person of the defendant and over the
property which is the subject matter of the proceeding.

3. The defendant must be given an opportunity to be heard.

4. Judgment must be rendered upon lawful hearing.

A. Impartial and Competent Court

- The right to have a case heard and decided by an impartial and independent tribunal.

- Judges must be free from bias, prejudice, or undue influence.

- By competent court is meant one vested with jurisdiction over a case as conferred upon it by
law.

Javier v. COMELEC

- The SC has repeatedly and consistently demanded the cold neutrality of an impartial judge
as the indispensable imperative of due process. To bolster that requirement, the Court held
that the judge must not be impartial but also must appear to be impartial as an added
assurance to the parties that his decision will be just.

- The litigants are entitled to no less than that. They be sure that when their rights are
violated, they can go to judge who shall give them justice. They must trust the judge,
otherwise they will not go him at all. They must believe in his sense of fairness, otherwise,
they will not seek his judgment.

B. Jurisdiction

- The power of the court to hear, try, and decide a case.

- In actions in personam, such as a complaint for recovery of a loan, jurisdiction over the
defendant is acquired by the court by his voluntary appearance or through service of
summons upon him.

- In actions in rem or quasi in rem, the jurisdiction of the court is derived from the power it
may exercise over the property. Jurisdiction over the person is not essential, provided the
relief granted by the court is limited to such as can be enforced against the property itself.

C. HEARING

- Notice to a party is essential to enable it to adduce its own evidence and to meet and refute
the evidence submitted by the other party. Every litigant is entitled to his day in court. He has
a right to be notified of every incident of the proceeding and be present at every state
thereof so that he may be heard by himself and counsel for the protection of his interests.

- The right to a fair hearing, including the right to present evidence and arguments.

- The hearing must be conducted in a manner that ensures both parties have an equal
opportunity to present their case.

1. Appeal

- The right to appeal is not essential to the right to a hearing. Except when guaranteed by the
Constitution, appeal may be allowed or denied by the legislature in its discretion. The
requirements of due process are deemed satisfied as long as the litigant is given his day in
court at the trial of his case, and he cannot demand as a matter of right another day in the
appellate court.