Due process means:

1. There shall be a law prescribed in harmony with the general powers of the
legislature;
2. It 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.

Purpose

The due process clause is a guaranty against any kind of abuse and arbitrariness, by
anyone in any of the branches of government. More specifically, the purpose of the due
process clause is to:

1. Prevent undue encroachment against the life, liberty and property of individuals.
2. Secure the individual from the arbitrary exercise of powers of government,
unrestrained by the established principles of private rights and distributive justice.
3. Protect property from confiscation by legislative enactments from seizure,
forfeiture, and destruction without a trial and conviction by the ordinary modes of
judicial procedures.

Kinds of due process

1. Procedural Due Process; and

2. Substantive Due Process.

SUBSTANTIAL DUE PROCESS

It requires the intrinsic validity of the law in interfering with the rights of the person to his
life, liberty, or property. If a law is invoked to take away one’s life, liberty or property, the
more specific concern of substantive due process is not to find out whether said law is
being enforced in accordance with procedural formalities but whether the said law is a
proper exercise of legislative power.

NOTE:

Publication of laws is part of substantive due process. It is a rule of law that before a
person may be bound by law, he must be officially and specifically informed of its
contents. For the publication requirement, “laws” refer to all statutes, including those of
local application and Notice and private laws. This does not cover internal regulations
issued by administrative agencies, which are governed by the Local Government Code.
Publication must be full, or there is none at all. (Tañada vs. Tuvera, G.R. No. L-63915,
December 29, 1986).
Publication is necessary to apprise the public of the contents of penal regulations and
make the said penalties binding on the persons affected thereby.

PROCEDURAL DUE PROCESS

Procedural due process is the 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
and manner by which a law is enforced. The fundamental elements of procedural due
process

1. Notice (to be meaningful, must be as to time and place);

2. Opportunity to be heard; and
3. Court/tribunal must have jurisdiction.

SUBSTATIVE DUE PROCESS PROCEDURAL DUE

PROCESS
PURPOSE This serves as a restriction on the Serves as a restriction on
government’s law and rule actions of judicial and quasi-
making powers. judicial agencies of the
government.
REQUISITES 1. The interests of the public 1. Impartial court or tribunal
in general, as clothed with judicial
distinguished from those power to hear and
of a particular class, determine the matters
require the intervention of before it.
the state.
2. Jurisdiction properly
2. The means employed are acquired over the person
reasonably necessary for of the defendant and over
the accomplishment of the property which is the
purpose and not unduly subject matter of the
oppressive upon proceeding.
individuals
3. Opportunity to be heard.
4.Judgment rendered
upon lawful hearing and
based on evidence
adduced.

No person shall be held to answer for a criminal offense without due process of law.
[1987 Constitution, Sec. 14(1), Art. III]
Requisites of criminal due process (NO-CPJ)

1. Accused is heard by a Court of competent jurisdiction;

2. Accused is proceeded against under the orderly Processes of law;
3. Accused is given Notice and Opportunity to be heard;
4. Judgment must be rendered after lawful hearing.

Right to appeal not a natural right

The right to appeal is neither a natural right nor part of due process. It is a mere
statutory right, but once given, denial constitutes violation of due process.