M4 - EPC & DP

Question 1

March 8

Answer 1

March 8

Question 2

Article III Sec. 1

⚠️⚠️
Involves two rights

Answer 2

No person shall be deprived of life liberty and property without due process of law
(due process clause)

nor shall anyone will be denied the equal protection of the laws
(equal protection clause)

Question 2

when talking about ‘Deprivation’ there are TWO classifications

What
Who

Answer 2

[1] - life, liberty, property

[2] - natural persons & juridical

Question 2

S1 A12 (flora, fauna) owned by the state this includes animals, except pets and pets are privately owned.

Therefore, a pet cannot be killed without due process of law.

Question 3

Constitutional Due Process?

Question 3

if there is a law authorizing a transgressions, is there substantive due process?

Answer 3

No. Substantive due process [???]

Question 3

Tanada v.

Answer 3

Publication can never be waived as publication is a vital component of due process

Even with a clause stating ‘unless otherwise provided’, t
- publication is needed for people to be bound by a particular law.

Question 4

3 ELEMENTS OF DUE PROCESS

Answer 4

1. reasonable public purpose
2. reasonable means
3. not unduly oppressive to individuals

note
this is the flipside of a valid exercise of police power

but these elements are not enough, it still needs procedural due process

Question 5

Equal Protection Clause may allow for CLASSIFICATION.

What must concur in order that there be a valid classification?

Answer 5

1. substantial distinction
2. distinction is germane to the purpose of the law
3. classification is NOT limited to existing conditions only
4. Law applies equally to all members of the same class.

Question 6

The government initiated land registration proceedings to address the ownership status of a valuable parcel of land. The land, currently registered in the name of Ms. Rodriguez, had a certificate of title issued several decades ago. The government sought to rectify possible discrepancies in ownership claims and to update the land registry.

In the course of the proceedings, the court issued a decision annulling Ms. Rodriguez’s certificate of title, citing irregularities in the initial registration. However, Ms. Rodriguez was not made a party to the proceedings, and she only learned of the annulment after the fact. Ms. Rodriguez now challenges the decision, arguing that her due process rights were violated.

LB

Answer 6

Yes. her contention is tenable.

in actions in rem & quasi-in rem, although jurisdiction over the person of the defendant is not required, and summons through mere publication is sufficient to satisfy due process, in the case of DBP v. Bautista, the SC ruled that a person who is not made a party to a certificate to a piece of land is not binding as this is the denial of their right to be heard.

[book]
In one case,31 a person’s certificate of title to a piece of land was annulled although she was not made a party to the proceeding. The Supreme Court declared that the decision could not in any way bind her because of the denial from her of the right to be heard.

“If it were otherwise,” the Supreme Court declared, “then the cardinal requirement that no party should be
made to suffer in person or property without being given a
hearing would be brushed aside. The doctrine consistentlyadhered to by this Court when such a question arises … is that a denial of due process suffices to cast on the official act taken by whatever branch of the government the impress of nullity.”