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DUE PROCESS OF LAW Person

-due process protects all persons: natural (citizens &


No man shall be taken or imprisoned or dissiezed or aliens) and artificial
outlawed, or in any manner destroyed; nor shall we *artificial persons are covered by the protection but
go upon him, but by the lawful judgment of his peers only insofar as their property is concerned
or by the law of the land. >as a creature of law, its life and liberty are
derived from and therefore subject to the
No man, of what state or condition whoever he be, control of the legislature
shall be put out of his lands, or tenements, nor taken,
nor imprisoned, nor indicted, nor put to death, Deprivation
without he be brought in to answer by due process of -to take away forcibly, to prevent from possessing,
law. enjoying or using of something
-not necessarily unconstitutional; what is prohibited
Dartmouth College Case: is the deprivation of life, liberty or property without
The law of the land meant the general law, a law due process of law
which hears before it condemns, which proceeds
upon inquiry and renders judgment only after trial. Life
>only calls for the observance of the procedure laid -connotes the integrity of the physical person
down by the law, regardless of its intrinsic validity -it is not permissible for the government to deprive
>as long as the legislature willed it, it was the law of the individual of any part of his body, and this is true
the land and therefore had to be obeyed even if it be a punishment for crime
-SC: it should not be dwarfed into a mere animal
American view of due process existence; the word should embrace the enjoyment
-the judiciary has the power not only to see to it that by the individual of all the God-given faculties that
the executive was enforcing the law properly but also can make his life worth living
to determine whether or not the law as enacted by
the Congress was valid in the first place Liberty
-Mabini: freedom to do right and never wrong
The due process of law in our country also has a dual -not unbridled license; it is liberty regulated by law
aspect: the substantive and the procedural *the individual, as a creature of society, should be
prepared to surrender part of his freedom for the
Constitutional safeguard of due process – Art. III, §1 benefit of the greater number (salus populi est
No person shall be deprived of life, liberty or suprema lex – the voice of the people is the supreme
property without due process of law law)
-no exact meaning -a person can do anything he wants as long as it does
-Jose Laurel: a precise definition of due process might not offend the public welfare
prove constricting and prevent the judiciary from
adjusting it to the circumstances of particular cases Property
and to the ever-changing conditions of the society -anything that can come under the right of ownership
-due process continues to be dynamic and resilient and be subject of contract
>this enlarges the rights of the individual to **mere privileges are not property rights and are
his life, liberty and property therefore revocable at will
-SC: gradually ascertained by the process of inclusion
and exclusion in the course of decisions of cases as Substantive Due Process
they arise -requires the intrinsic validity of the law in
-Justice Fernando: responsiveness to the supremacy interfering with the rights of a person to his life,
of reason, obedience to the dictates of justice liberty and property
-Justice Frankfurter: the embodiment of the sporting **whether or not it is a proper exercise of legislative
idea of fair play power
*Due process is a guaranty against any arbitrariness -the law must have a valid governmental
on the part of the government, whether committed by objective
the legislature, the executive, or the judiciary -this objective must be pursued in a lawful
manner
*the means employed must be reasonably creditor, or otherwise, or in which he is related to
related to the accomplishment of the purpose either party within the sixth degree of consanguinity
and not unduly oppressive or affinity, or to counsel within the fourth degree,
computed according to the rules of civil law, or in
Procedural Due Process which he has been executor, administrator, guardian,
SC: the twin requirements of notice and hearing trustee or counsel, or in which he has presided in any
constitute the essential elements of due process and inferior court when his ruling or decision is subject of
neither of these elements can be eliminated without review, without written consent of all parties in
running afoul of the constitutional guaranty interest, signed by them and entered upon record.

Judicial Due Process A judge may, in the exercise of his sound discretion,
-there must be an impartial court or tribunal clothed disqualify himself from sitting in a case, for just or
with judicial power to hear and determine the matter valid reasons other than those mentioned above.
before it
-jurisdiction must be lawfully acquired over the Competent court – one vested with jurisdiction over a
person of the defendant and over the property which case as conferred upon it by law
is the subject matter of the proceeding
-the defendant must be given an opportunity to be Jurisdiction
heard Actions in personam – jurisdiction over the defendant
-judgment must be rendered upon lawful hearing is acquired by the court by his voluntary appearance
or through service of summons upon him
Impartial and Competent Court >may be effected personally, or by
**every litigant is entitled to the cold neutrality of an substituted service, or, in exceptional cases,
impartial judge by publication

Ynot vs IAC Actions in rem or quasi in rem – jurisdiction of the


…the other half must also be considered if an court is derived from the power it may exercise over
impartial verdict is to be reached based on an the property
informed appreciation of the issues in contention. It >notice by publication is sufficient
is indispensable that the two sides complement each *jurisdiction over the person is not essential,
other… in leading to the correct ruling after provided the relief granted by the court is limited to
examination of the problem not from one or the other such as can be enforced against the property itself.
perspective only but in its totality. A judgement based
on less than this full appraisal, on the pretext that a Property is always presumed to be in the possession
hearing is unnecessary or useless, is tainted with the of the owner or his agent, who may be safely held
view of bias or intolerance or ignorance… under certain conditions to know that proceedings
have been instituted against it.
Javier vs COMELEC
…cold neutrality of an impartial judge as the Hearing
indispensable imperative of due process… the judge Notice to the party is essential to enable it to adduce
must not only be impartial but must also appear to be its own evidence and to meet and refute the evidence
impartial as an added assurance to the parties that submitted by the other party
his decision will be just.
Due process is intended to insure that confidence by David vs Aquilizan
requiring compliance with the rudiments of fair play. A decision rendered without a hearing is null and
Fair play calls for equal justice… The judge will reach void ab initio and may be attacked directly or
his conclusions only after all the evidence is in and all collaterally
the arguments are filed, on the basis of the
established facts and the pertinent law. Lobete vs Sundiam
The right to appeal was held not unlawfully withheld
Rule 137 of Rules of Court where it was lost as a result of the appellant’s neglect

Section 1. Disqualification of judges – not judge or


judicial officer shall sit in any case in which he or his
wife or child is pecuniarily interested as heir, legatee,
Marvel Bldg Corporation vs Ople (c) All cases in which the jurisdiction of any lower
Due process was not denied the petitioner who court is in issue.
received notice of the scheduled hearing the day (d) All criminal cases in which the penalty imposed is
before but failed to present evidence reclusion perpetua or higher.
(e) All cases in which only an error or question of law
Cordero vs Public Service Commission is involved.
Mere notice by publication of a hearing conducted by
an administrative agency was held insufficient and so Exceptions (requisites of notice and hearing may be
violative of due process omitted)
-cancellation of passport
People vs Beriales -preventive suspension of a civil servant facing
Serious irregularity committed by the trial judge was administrative charges
repugnant to the due process clause of the -distraint of properties for tax delinquency
constitution -padlocking of restaurants found to be insanitary
-theaters showing obscene movies
Due process is not violated where a person is not -abatement of nuisance (trouble/annoyance) per se
heard because he has chosen, for whatever reason, >it is objectionable under any and all
not to be heard. circumstances because it presents an
immediate danger to the welfare of the
**Zaldivar vs Sandiganbayan community
Due process as a constitutional precept does not, >may be abated summarily, without the
always and in all situations, require trial-type necessity of judicial authorization
proceedings. The essence of due process is to be
found in the reasonable opportunity to be heard and *nuisance per accidens – objectionable only under
to submit any evidence one may have in support of some but not all circumstances, there being situations
one’s defense. To be heard does not only mean verbal when it is perfectly legitimate and acceptable
arguments in court. One may be heard also through -“right thing in the wrong place”
pleadings. Where opportunity to be heard, either -may be abated only upon judicial authorization as it
through oral arguments or pleadings, is accorded, is difficult to ascertain or identity this kind of
there is no denial or procedural due process. nuisance

Appeal Presumptions
The right to appeal is not essential to the right to a Would a statutory presumption deny the right to a
hearing. hearing insofar as the person affected is precluded
A person cannot demand as a matter of right another from introducing evidence to rebut the presumption?
day in the appellate court -no, provided there is a rational or natural connection
Appeal may be allowed or denied by the legislature in between the fact proved and the fact ultimately
its own discretion (except in cases where it is allowed presumed from such fact
by the Constitution) -as long as the presumption is based on human
The legislature cannot deprive a person of the right experience, it will be deemed not violative of due
to appeal in those cases coming under the minimum process
appellate jurisdiction of the Supreme Court – Art. VIII,
§5 (2): Judgment
Review, revise, reverse, modify, or affirm on appeal -should be based upon the lawful hearing previously
or certiorari, as the law or the Rules of Court may conducted
provide, final judgments and orders of lower courts Art. VIII, §14
in: No decision shall be rendered by any court without
(a) All cases in which the constitutionality or validity expressing therein clearly and distinctly the facts and
of any treaty, international or executive agreement, the law on which it is based.
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto.
Administrative Due Process Requisites
-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 decision must be rendered on evidence
presented at the hearing, or at least contained in the
record and disclosed to the parties affected
-the tribunal or body of any of its judges must act on
its own 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 board or body 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 reason for the decision
rendered