Due Process Flashcards
[FIB]
Sec. 1, Art. III. –
No person shall be deprived of ____________________ without ______________, nor shall any person be denied the ________________.
life, liberty, or property;
due process of law;
equal protection of the laws
Sec. 1, Art. III.
No person shall be deprived of ____________________ without ______________, nor shall any person be denied the ________________.
[FIB]
Sec. 1, Art. XIII. – The Congress shall give highest priority to the enactment of measures that protect and enhance the _______________ , reduce ________________, and remove _____________by equitably diffusing wealth and political power for the ______________.
right of all the people to human dignity;
social, economic, and political inequalities;
cultural inequities;
common good
Sec. 1, Art. XIII. – The Congress shall give highest priority to the enactment of measures that protect and enhance the _______________ , reduce ________________, and remove _____________by equitably diffusing wealth and political power for the ______________.
[FIB]
Due process of law means simply, first that _____________________; second, ______________; third, that __________________; and fourth, that ____________________.
[Rubi v. Provincial Board of Mindoro, supra].
- there shall be a law prescribed in harmony with the general powers of the legislative department of the Government
- that this law shall be reasonable in its operation
- it shall be enforced according to the regular methods of procedure prescribed
- it shall be applicable alike to all the citizens of the state or to all of a class
Due process of law means simply, first that _____________________; second, ______________; third, that __________________; and fourth, that ____________________.
[Rubi v. Provincial Board of Mindoro, supra].
What is due process?
Due process furnishes a standard to which the governmental action should conform in order that deprivation of life, liberty or property, in each appropriate case, be valid. xxx It is responsiveness to the supremacy of reason, obedience to the dictates of justice. Negatively put, arbitrariness is ruled out and unfairness avoided. xxx Correctly it has been identified as freedom from arbitrariness. It is the embodiment of the sporting idea of fair play
[Ichong v. Hernandez, supra].
What is the right to life?
It includes the right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable
[MALCOLM].
Understood to include the right to security of person or the guarantee of the secure quality of life, which pertains to a life lived with assurance that the government he established and consented to will protect the security of his person and property.
What is the right to life, specifically, as stated in Sec. of National Defense v Manalo?
Specifically, it means
[1] freedom from fear;
[2] guarantee of bodily and psychological integrity, and
[3] guarantee of protection of one‘s rights by the government
[Secretary of National Defense v. Manalo, G.R. No. 180906 (2008)].
What is the right to liberty?
Liberty includes the right to exist and the right to be free from arbitrary personal restraint or servitude. It includes the right of the citizen to be free to use his faculties in all lawful ways
[Rubi v. Provincial Board, supra]
What is the right to property?
Property is anything that can come under the right of ownership and be the subject of contract. It represents more than the things a person owns; it includes the right to secure, use and dispose of them
[Torraco v. Thompson, 263 US 197 (1923]
What is the scope of the right to due process?
Universal in application to all persons without regard to any difference in race, color or nationality.
[Smith Bell and Co. v. Natividad, G.R. No. 15574 (1919)].
Does the right to due process include artificial persons?
YES. LImited
Artificial persons are covered by the protection but only insofar as their property is concerned
[Smith Bell and Co. v. Natividad, G.R. No. 15574 (1919)].
Does the guarantee of due process extend to aliens?
YES
The guarantee extends to aliens and includes the means of livelihood
[Villegas v. Hiu Chiong, G.R. No. L-29646 (1978)].
What are the noted exceptions to due process?
a. A conclusive presumption bars the admission of contrary evidence as long as such presumption is based on human experience or there is a rational connection between the fact proved and the fact ultimately presumed there from.
b. There are instances when the need for expeditious action will justify omission of these requisites—e.g. in the summary abatement of a nuisance per se, like a mad dog on the loose, which may be killed at sight because of the immediate danger it poses to the safety and lives of the people.
c. Pornographic materials, contaminated meat and narcotic drugs are inherently pernicious and may be summarily destroyed.
d. The passport of a person sought for a criminal offense may be cancelled without hearing, to compel his return to the country he has fled.
e. Filthy restaurants may be summarily padlocked in the interest of the public health and bawdy houses to protect the public morals [Ynot v. IAC, supra].
In such instances, previous judicial hearing may be omitted without violation of due process in view of: a. the nature of the property involved, and b. the urgency of the need to protect the general welfare from a clear and present danger.
Does due process mean the same procedure for all situations?
NO.
The concept of due process is flexible for not all situations calling for procedural safeguards call for the same kind of procedure [Secretary of Justice v. Lantion, G.R. No. 139465 (2000)].
To say that the concept of due process is flexible does not mean that judges are at large to apply it to any and all relationships. Its flexibility is in its scope once it has been determined that some process is due; it is a recognition that not all situations calling for procedural safeguards call for the same kind of procedure [Morrissey v. Brewer, 408 U.S. 471 (1972)].
What are the 2 related but distinct restriction imposed on government imposed by the due process guaranty?
- procedural due process
2. substantive due process
What is substantive due process?
It inquires on whether the government has sufficient justification for depriving a person of life, liberty, or property
[White Light Corporation v. City of Manila, supra]
In other words, substantive due process looks to whether there is a sufficient justification for the government’s action. Substantive due process is an aspect of due process which serves as a restriction on the lawmaking and rule-making power of the government. The law itself, not merely the procedures by which the law would be enforced, should be fair, reasonable, and just. It guarantees against the arbitrary power even when exercised according to proper forms and procedure.
What are the requisites of substantive due process?
Requisites of Substantive Due Process Due
process of law means simply that
a. There shall be a law prescribed in harmony with the general powers of the legislative department of the Government;
b. This law shall be reasonable in its operation;
c. It shall be enforced according to the regular methods of procedure prescribed; and
d. It shall be applicable alike to all the citizens of the state or to all of a class [Rubi v. Provincial Board of Mindoro, supra].
What is procedural due process?
Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty or property. Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into the private sphere
[White Light Corporation v. City of Manila, supra].
Procedural due process is that aspect of due process which serves as a restriction on actions of judicial and quasi-judicial agencies of the government. It refers to the method or manner by which a law is enforced. Concerned with government action on established process when it makes intrusion into the private sphere.
What are the requisites of Procedural Due Process in Civil Proceedings?
- An impartial 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 and over the property subject matter of the proceeding [Banco Español v. Palanca, G.R. No. L-11390 (1918)].
- The defendant must be given an opportunity to be heard. Due process is satisfied as long as the party is accorded the opportunity to be heard. If it is not availed of, it is deemed waived or forfeited without violating the constitutional guarantee [Bautista v. CA, G.R. No. 157219 (2004)].
- Judgment must be rendered upon lawful hearing and must clearly explain its factual and legal bases [Sec. 14, Art. VIII; Banco Español-Filipino v. Palanca, supra].
Is notice an essential element of due process?
YES
Notice is an essential element of due process, otherwise the Court will not acquire jurisdiction and its judgment will not bind the defendant. To be meaningful, it must be both as to time and place. Service of summons is not only required to give the court jurisdiction over the person of the defendant but also to afford the latter the opportunity to be heard on the claim made against him. Thus, compliance with the rules regarding the service of summons is as much an issue of due process as of jurisdiction
[Sarmiento v. Raon, G.R. No. 131482 (2002)].
Is the right to appeal a part of due process?
NO/YES? conflicting decisions
The SC reiterated that the right to appeal is not a natural right nor part of due process; it is merely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law
[Alba v. Nitorreda, G.R. No. 120223 (1996)]
The allowance or denial of motions for extension rests principally on the sound discretion of the court to which it is addressed, but such discretion must be exercised wisely and prudently, with a view to substantial justice. Poverty is recognized as a sufficient ground for extending existing period for filing. The right to appeal is part of due process of law [Reyes v. CA, G.R. No. L-41680 (1977)].
What are the requisites of due process in administrative proceedings?
Rules
[Ang Tibay v. CIR, G.R. No. 46496 (1940)]:
- Right to a hearing to present own case and submit evidence in support thereof.
- Tribunal must consider the evidence presented.
- Decision rendered must have support.
- Evidence which supports the finding or conclusion is substantial (such relevant evidence as a reasonable mind accept as adequate to support a conclusion).
- The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.
- The tribunal or any of its judges, must act on its or his own independent
consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. - The tribunal should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decision rendered.
What is the essence of due process in administrative proceedings?
In administrative proceedings, the essence of due process is to explain one’s side. An actual hearing is not always an indispensable aspect of due process as long as the party was given the opportunity to defend his interests in due course.
[Lumiqued v. Estrada, G.R. No. 154243 (1997)]
What are the requisites of due process for academic disciplinary proceedings?
Requisites
[Non v. Dames, G.R. No. 89317 (1990)]:
- The students must be informed in writing of the nature and cause of any accusation against them;
- They shall have the right to answer the charges against them, with the assistance of counsel, if desired;
- They shall be informed of the evidence against them;
- They shall have the right to adduce evidence in their own behalf;
- The evidence must be duly considered by the investigating committee or
official designated by the school authorities to hear and decide the case
What are the requirements of due process in labor cases?
The Labor Code requires twin requirements of notice and hearing for a valid dismissal.
However, the Court in Serrano v. NLRC clarified that this “procedural due process” requirement is not constitutional but merely statutory, hence, a violation of such requirement does not render the dismissal void.
