## Bill of Rights - Due Process and Equal Protection Flashcards
CONST. Art. III, Sec. 1
CONST. Art. III, Sec. 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.
“Life” within the context of Art. III Sec. 1 of the CONST.
Life
1. Essentially the right to be alive, upon which the enjoyment of all other rights is predicated
2. Right to security of person is the guarantee of the quality of this life (Sec. Nat’l Def. v. Manalo)
“Liberty” under Const. Art. III Sec. 1
Liberty
1. The right to liberty guaranteed by the Constitution includes the right to exist and the right to be free from arbitrary personal restraint or servitude. The term cannot be confined to mere freedom from physical restraint. It embraces the right of man to enjoy the faculties with which he has been endowed by the Creator, subject only to such restraints as are necessary for the common welfare.
2. Liberty also includes: right to be free to use faculties in lawful ways; live and work where he will; eanr livelihood; lawful calling; pursue any avocations; enter into contracts; right to labor; right to locomotion, etc.
What is “Property” under Art. III Sec. 1?
Property - entire group of rights inhering in person’s ownership; defined based on the rights and expectations created by positive law.
Includes profession, trade or calling –> hence no deprivation of these rights without due process;
Includes franchise –> franchise characterized special privilege, hence its grant cannot be demanded. But it is considered a property right in the sense that it cannot be revoked arbitrarily
Heirarchy of rights - supremacy of human rights over property rights
Hierarchy of rights
1. Human rights are superior to property rights because human rights are delicate and vulnerable as well as supremely precious to society. Threat of sanctions to human rights may deter their exercise.
2. Property rights can be lost thru prescription but human rights are imprescriptible.
3. Stricter criterion on infringment of human rights vs. property rights.
What are human rights - right to life and liberty, right to free expression, free assembly, and petition.
Two aspects of due process
Substantive Due Process
Procedural Due Process (includes judicial proceedign and administrative proceeding)
What is the right to due process?
Due process evades a precise definition. The purpose of the guaranty is to prevent arbitrary governmental encroachment against the life, liberty and property of individuals. Due process serves as a protection against arbitrary regulation or seizure.
Corporations and partnerships also enjoy due process insofar as their property is concerned.
It has two aspects: procedural and substantive
What is procedural due process?
Procedural due process refers to the procedure that the government must follow before it deprives a person of life, liberty, oir property.
The questio nsi whether it adheres to the established process. E.g. notice, show cause, hearing, etc.
What is substantive due process?
Substantive due process inquires whether the government is justified in depriving a person of life, liberty, or property.
Requisites of substantive due process
Substantive due process:
1. There shall be a law prescribed in harmony with the general powers of the legislative department of the Government;
2. This law shall be reasonable in its operation;
3. It shall be enforced according to the regular methods of procedure prescribed; and
4. It shall be applicable alike to all citizens of the state or to all of a class.
What is due process of law depends on circumstnaces also
What are the requisites of procedural due process?
Procedural due process:
- There 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 the opportunity to be heard
- Judgment must be rendered upon lawful hearing
What is procedural due process in criminal proceedings?
The Supreme Court has ruled that if an accused has had due procees when he has been heard:
1. in a court of competent jurisdiction;
2. proceeded against under the orderly processes of law;
3. only punished after inquiry and investigation;
4. upon notice to him;
5. with opportunity to be heard; and
6. a judgmetn awarded within the authority of the constitutional law
Supplements the requisites of procedural due process
What is procedural due process in administrative proceedings?
Procedural due process in administrative proceedings (a.k.a Cardinal Primary Requirements; Ang Tibay Rights)
- The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof;
- The tribunal must consider the evidence presented;
- The decision must have something to support itself;
- The evidence msut be substantial. Substantial evidence means such reaosnable evidence as a reasonable mind might accept as adequate to support a conclusion;
- The decision msut be based on the evidence presented at the hearing, or at least contained inthe record and disclosed to the parties affected;
- The tribunal or body or any of its judges msut act on its own independent consideratoin of the law and facts of hte controversy, and not ismply accept the views of a subordinate;
- The board or body should, in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered.
What is due process in the disciplinary action against students?
Due process in academic disciplinary action:
1. Must be informed in writing of the nature and cause of the accusation against him;
2. Right to answer charges agaisnt him, with assistance of counsel, if desired;
3. Informed of the evidence against him;
4. Right to adduce evidence in his behalf; and
5. Evidence must be duly considered by the investigating committee or official designated by the school to hear and decide the case.
Why is there no denial of due process in Zabal v. Duterte (2019)?
There is no denial of due process considering that petitioners Zabal and Jacosalem cannot be said to have already acquired vested rights to their sources of income in Boracay, being part of the informal sector of the economy where earnings are not guaranteed. Only rights which have completely and definitely accrued and settled are entitled protection under the due process clause.