## Bill of Rights - Due Process and Equal Protection

Question 1

CONST. Art. III, Sec. 1

Answer 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.

Question 2

“Life” within the context of Art. III Sec. 1 of the CONST.

Answer 2

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)

Question 3

“Liberty” under Const. Art. III Sec. 1

Answer 3

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.

Question 4

What is “Property” under Art. III Sec. 1?

Answer 4

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

Question 5

Heirarchy of rights - supremacy of human rights over property rights

Answer 5

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.

Question 6

Two aspects of due process

Answer 6

Substantive Due Process
Procedural Due Process (includes judicial proceedign and administrative proceeding)

Question 7

What is the right to due process?

Answer 7

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

Question 8

What is procedural due process?

Answer 8

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.

Question 9

What is substantive due process?

Answer 9

Substantive due process inquires whether the government is justified in depriving a person of life, liberty, or property.

Question 10

Requisites of substantive due process

Answer 10

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

Question 11

What are the requisites of procedural due process?

Answer 11

Procedural due process:

1. There must be a 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 or over the property which is the subject of the proceedings
3. The defendant must be given the opportunity to be heard
4. Judgment must be rendered upon lawful hearing

Question 12

What is procedural due process in criminal proceedings?

Answer 12

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

Question 13

What is procedural due process in administrative proceedings?

Answer 13

Procedural due process in administrative proceedings (a.k.a Cardinal Primary Requirements; Ang Tibay Rights)

1. The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The evidence msut be substantial. Substantial evidence means such reaosnable evidence as a reasonable mind might accept as adequate to support a conclusion;
5. The decision msut be based on the evidence presented at the hearing, or at least contained inthe record and disclosed to the parties affected;
6. 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;
7. 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.

Question 14

What is due process in the disciplinary action against students?

Answer 14

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.

Question 15

Why is there no denial of due process in Zabal v. Duterte (2019)?

Answer 15

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.

Question 16

Due Process as discussed in NTC v. Brancomm (2019)

Answer 16

As applied to administrative proceedings to which this case pertains, procedural due process has been recognized to include the following: (a) the right to actual or constructive notice of the institution of proceedings which may affect a respondent’s legal rights; (b) 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; (c) 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 (d) a finding by said tribunal which is supported by substantial evidence submitted for consideration during the hearing or contained in the records or made known to the parties affected.

Question 17

Why was MIPTI deprived of due process in MIPTI v. PPA?

Answer 17

While MIPTI had due notice, The standards of fair play and
freedom from arbitrariness have not been observed, in violation of
MIPTI’s constitutional right to due process.

The manner in which MIPTl’s franchise was revoked was so arbitrary and so despotic that it evinces an obvious lack of regard or respect to the fundamental principle of due process and to the Constitution
that guarantees it. One day, it was business as usual for MIPTI. The
following day, it was informed of its violations. The next day, it no longer has a business. The lack of respect is so flagrant that no person can possibly think that it is justified, or at the very least, acceptable, even if it was done in the aftermath of martial law.

Question 18

Is franchise protected under the due process clause?

Answer 18

Yes but with respect to the revocation of a franchise. While a franchise is still characterized as a special privilege in the
sense that the grant thereof is not a dernandable right, and that when granted, is subject to the amendment, alteration or repeal by Congress, the SC come to recognize franchise as a property right that cannot be revoked or forfeited without due process of law. [MIPTI v. PPA]

Question 19

What is the void for vagueness doctrine?

Answer 19

Void for vagueness challenge is one of the two approahces under a facial challenge (as opposed to an as applied challenge).

A statute that is vague is invalid for being repugnant to the Constitution in two respects:
(a) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of what conduct to avoid; and
(b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle.

Note: understand when is a statute considered void?
Note: The general rule is always that a statute is presumed valid. Void for vagueness must be clearly shown. Hence, the void for vagueness doctrine does not apply as against laws that are merely couched in imprecise language but nonetheless specify a standard, or those that are ambiguous yet fairly applicable to certain types of activities.

Question 20

When is a statute considered vague?

Answer 20

A statute or act may be said to vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application.

Question 21

What is a facial challenge?

Answer 21

A facial challenge is a challenge against the statute on its face, without any requisite injury. It is allowed to be made to a vague statute and to one that is overbroad because of possible chilling effect upon protected speech.

This rationale does not apply to penal statutes. Criminal statutes have general terrorem effect resulting from their very existence, and, if facial challenge is allowed for this reason alone, the State may well be prevented from enacting laws agaisnt socially harmful conduct.

Example: P. Estrada challenged the plunder law for void for vagueness. The Court said that because it is a penal statute, the rational for permitting the V for V for free speech does not apply to other penal statute which have terror effects.

Question 22

Compare facial challenge from as applied challenge

Answer 22

Facial challenge - a petitioner may mount the challenge even if he claims no violation of his own rights. The statute here involves free speech and the challenge is on the ground of overbreadth or vagueness.

As applied challenge - the petitioner who claims a violation of his constitutional right can raise any constitutional ground – absence of due process, lack of fair notice, lack of ascertainable standards, overbreadth, or vagueness. One can only challenge the constitutionality if he asserts a violatio nof his own rights. No third-party standing allowed in this kind of challenge.

Question 23

What is the concept of equal protection?

Answer 23

All person or things similarly situated must be similarly treated both as to rights conferred and responsibilities imposed (Ichong v. Hernandez)

Question 24

What are the requisites of a valid classification?

Answer 24

Valid classification under EP: The classification should be:
1. based on substantial distinctions which make for real differences;
2. germane to the purpose of the law;
3. not be limited to existing conditions only; and
4. must apply equaly to each member of the class.

All that is required of a valid classificatin is that it be reasonable. The standard is satisfied if it is based on a reasonable foundation or rational basis and is not palpably arbitrary. (Note: GDV discussed how the test could differ depending on the affected rights–three tests: rational basis, intermediate scrutiny, strict scrutiny)

Question 25

What are the three standards of judicial review for EP?

Answer 25

Three tests:
1. Deferential or rational basis scrutiny – the classification needs only be shown to be rationally related to serving a legitimate state interest
2. Middle-tier or intermediate scrutiny – government must show that the challenged classification serves an importatn state interest and that the classification is at least substantially related to serving that interest; and
3. Strict judicial scrutiny – applies when the classification interferes with the exercise of a fundamental right, or disadvantage of a suspect class; presumption is that the statute is unconstitutional and it is the burden upon government to show that the classification is necessary to achieve COMPELLING state interest and that it is the LEAST RESTRICTIVE MEANS to protect such interest.

US jurisprudence on strict scrutiny – triggered on suspect classification like race and gender, but not on income categories.

Question 26

What is a suspect class?

Answer 26

Suspect class - class saddled with such disabilities, subjected to such a history of purposely unequal treatment, or relegated to such a position of political powerlessness as to command extraordinary protection form the majoritarian political process. Juridical entities cannot be considered as suspect class.

Question 27

Why did SC disagree with petitioners contention that COA violated EP for being selective in disallowance of CNA incentives?

DPWH Region IV-A v. COA (2019)

Answer 27

SC: An erroneous performance of statutory duty – such as an apparent selective enforcement of a statute – could not be considered a violation of the equal protection clause, unless the element of intentional or purposeful discrimination is shown. A discriminatory purpose is not presumed, there must be showing of clear and intentional discrimination.

Question 28

Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a property right protected by the Constitution?

Answer 28

A permit to carry a firearm outside the residence is merely a statutory privilege and not a property right protected by the Constitution. The Constitution does not contain a provision siimlar to the Second Amendment of the US, which guarantees the right to bear arms.

Question 29

What is the concept of relative constitutionality of a statute?

Answer 29

A statute valid at one time may become void at another time because of altered circumstances. Thus, if a statute in its practical operation becomes arbitrary or confiscatory, its validity, even though affirmed by a former adjudication, is open to inquiry and investigation in the light of changed conditions.