1. A. Define Due Process.

- in a procedural point of view, it simply means that procedure to be observed should be fair or a
law which hears before it condemns. Or in other words, it is a constitutional guarantee of fair
treatment through the normal judicial system, especially as a citizen’s entitlement.

B. What are the aspects of Due Process?

- the two-fold aspect of due process are:
1. Substantive Due process, a guarantee that life, liberty and property should not be taken away
without due process of law; and

2. Procedural Due Process, refering to the regular method of procedure to be observed before
one’s life liberty and property be taken away from him.

C. What are its requirements?

- The requirements of substantive due process are: 1. There must be a valid law which it is
based. 2. The law must have been passed or approved to accomplish a valid governmental
objective. 3. The objective must be pursued in a lawful manner. 4. The law and the means
employed must be valid and not oppressive.

- Procedural due process in judicial proceedings, the requirements are: 1. There must be an
impartial court with judicial power to hear and determine the matter before it. 2. Jurisdiction
must be lawfully acquired (over the defendant and the property which is the subject matter).
3. The defendant must be given an opportunity to be heard. 4. Judgment must be rendered
upon lawful hearing.
- In administrative proceedings, the requirements are: 1. The right to a hearing, which includes
to present one’s case and submit evidence. 2. The tribunal must consider the evidence
presented. 3. Decision must have something to support itself. 4. Evidence must be substantial.
5. The decision must be rendered on the evidence presented (hearing or record) and disclosed
to the parties affected. 6. The tribunal must act on its own independent consideration of the
law and facts of the controversy. 7. The tribunal should render a decision in such a manner
that the parties can know the issues involved and the reason for the decision.

2. POLITICAL LAW:
Paragraph 2, Article VI of the 1987 Constitution states that: “No member of the House of
Representatives shall serve for more than 3 consecutive terms. Voluntary renunciation of office
for any length of time shall not be considered as an interruption in the continuity of his service
for the full term for which he was elected. PROBLEM: Mr. B, a member of the House of
Representatives was serving his 3rd consecutive terms in the House. In June 1996, he was
appointed Secretary of National Defense. Can he ran for election in the Senate in the 1998
elections?

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3. What is the effect of a statute which is declared totally unconstitutional or partially
unconstitutional?
- If totally declared unconstitutional the effect are: 1st view - An unconstitutional act is not a
law; it confers no right, it imposes no duties; it affords no protection; it creates no office, it is,
as though it has never existed. Or 2nd view- An unconstitutional statute is nevertheless a
statute; the unconstitutional statute is simply ignored.
- If partially declared unconstitutional, the valid portion, is separable from the invalid , may
stand and be enforced.

4. If the decision of the Supreme Court is not correct should it be followed by the inferior courts?
- Unless and until that decision of the supreme court is reversed by itself, sitting en banc, it
shall be binding not only upon inferior courts but also upon all branches of the government.
This is based on Art. 8 of the civil code, which provides that Judicial decisions applying and
interpreting law or the constitution shall form part of the legal system of the Philippines.

5. TAXATION:
A Roman Catholic Church was the owner of a parcel of land. Western side of which is
occupied by the church itself. Priest house, the ___ provided for the use itself. The ___ building
used by the visitors and the rest of the people for participating in religious activities during ___.
Is the entire land subject to real property tax?

Answer. Under the real property tax code of the Philippines, the land own by the church cannot
be subject to real property tax. As stated in sec 40. Paragraph c of the code, churches and land,
buildings, improvements actually, directly and exclusively used for religious and charitable purposes.

6. LATIN MAXIM (Define):

a. Dura Lex Sed Lex
 The law may be harsh but it is the law.

b. Absolute Sentencia Expositore Non Indiget

 When the language of the statute is clear, no explaination of it is required

c. Ignorantia Legis Neminem Excusat

 Ignorance of the law excuses no one from compliance therewith.

7. In 1960, Maria de la Cruz, a Filipino domestic helper working in Hong Kong went to Taipei. She
met Ching Sio Pao whom she married. Under Chinese law, Maria de la Cruz automatically became
Chinese citizen. The couple resided in Hong Kong. On May 9, 1965, Maria gave birth to a boy
named Mario. Upon reaching the age of majority, Mario elected Philippine citizenship. After the
Edsa Revolution, Mario decided to live permanently in the Philippines where he prospered as a
businessman. During the May 11, 1993 elections, Mario ran alone as Congressman. His opponent
noting of his Chinese ancestry filed a petition to disqualify the latter on the following grounds: a.
Mario Ching is not a natural born Filipino citizen; and b. He is underage. Decide the petition.
 - Under the 1987 constitution, Sec 1, paragraph 3 of Article IV, one of those considered as
citizen of the Philippines are those born before January 17, 1973 of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority. Such, election, enabled Mario
to reacquire his natural born status, which as stated in sec 5 of R.A. 9225, those who reacquire
Philippine citizenship “shall enjoy full civil and political rights” and under par. 2. “shall meet
the qualification to hold public office”
- No, Mario is not underage. Under the sec. 6 of art. Vi of the 1987 philippine constitution, the
minimum age requirement of a congressman is at least 25 on the day of the election. Mario,
being born on May 9, 1965, is already 28 years old and two days on the date of the 1993
election, and is over the minimum age requirement prescribed by law. Hence, he could not
be under aged.

8. Under the Latin Maxim, “Lex Loci Celebrationes”, the Philippines adheres to the law that
“Marriage formally valid where celebrated is valid everywhere”. Second paragraph of Article 26
of the Family Code provides that “Where a marriage between a Filipino Citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry
under Philippine Law.
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