Too much liberty

- Anarchy

Too much Authority

- Tyranny

How can police power be abused if there would be no regard for liberty

- There is too much authority, If the government overstepped its bounds and encroaches upon a
domain of liberty
- imbalance
- Excess of governmental power

Ex:

Right to life ( how is that violated)

- No due process (dangerous act)

- Right to arrest ( no probable cause of arrest)

There should be proper observance with substantive and procedural due process

What is police power

- Power of promoting public welfare by regulating the use of liberty and property

How is this different from other 2 inherent powers

- Property

The entity or the governmental organ that exerciceses police power

- Legislature (legislative department)

- It can be delegate to the executive

Can police power be delegated

- It can be delegated by the legislative dept to the executive

Can it be delegated to local units

- The ordianances
- Thru General welfare clause
 Police power differentiate to eminent domain

- Eminent domain refers to the power of the government to take private property and convert it
into public use upon payment of just compensation to the property owners.

May the power of eminent domain may be exercize by private entity

- Yes

How is a is there some sort of a recompense for some something that the private individual gets in
return as far as police power is concerned, because obviously

the power of eminent domain may only be exercised, if there is what? Just compensation on the
part of the property owner, right.

How about police power? Is there a benefit that a private individual gets if he or she yields to the
proper exercise of police power?

- the example no COVID-19? No. Because of COVID-19 in your place, there is an ordinance
imposing a curfew from 10pm to 5am.
- - altruistic feeling (contribute to the efforts)

Philippine Long Distance Telephone Company v. City of Davao, G.R. No. L-23080,

October 30, 1965

- Davao city has the right to establish telephone system in the city
- Does davao city have a legal basis for saying that indeed, it had a right to install a telephone
system
o Charter of davao city, that they have the power to implement ordinances
 The city council of Davao City may inact all ordinances that may be necessary
and proper for the sanitation and furtherance of the prosperity and the
promotion of morality, good peace good order, comfort and convenience etc.
and the general welfare.

Is the installitaion of telephone system just a matter of mere convenience

- It woud benefit the people

- It would help them with their communication
- How about in your business and transactions

How about in law enforcement

- It contrary to the general morals

Us v salaveria

Job of salaveria

- Judge
- He played a game that was prohibited
- Gambling
- The police confiscated nthe gambling materials
- He was caught by the police

What does gambling do? What is the evil sought to be remedied by the ordinance

Magtahas v pryce properties corporation

- the organizes
did these ordinances or resolution issued by the sangunian affect the law creating pagcor.

What is the relationship between the national government and the local government?

- Congress control the local government

- Regulation of all games of chance
- Statute cannot be amended by the mere ordinances
- o while the local government units are empowered under the local government code to enact
ordiance they must not contravene a national policy
- so the pd pertains to the national policy enacted by the national government

gambling

is the morality of gambling a justiciable issue?

- Yes
- Hueteng is legalized

Theres something wrong about gambling

- The morality of gambling is not justiciable

- Its all up to congress
- That’s how dynamic the police power is

People v pomar

- The pregnant woman a pay

 - There is a contract between employer and employee
- the general welfare legislations being exercised a police power they deem written In contrast,
- contract prevail from police power back then
- Times have changed. So that's, that's police power. That's why it cannot be even be defined it
involves No, it cannot give it an exact definition
- Because situation calls for a different kind of approach in the future.

Goldenway Merchandising Corporation v. Equitable PCI Bank, G.R. No. 195540, March

13, 2013

- Petitioner executed real state mortgage with the respondent

- Mortgage used to serve as security for the law
- They offer the respondent to redeem property
- Redemption period – one year
- Forclosure (act 3135)
- Mortgage ( financial institution)
o Redemption period ( 3months)
- Section 37 of the general banking app
- It would in tear the obligation of contracts

Is section 47 of the general banking law, a police power measure?

what situation was being addressed by this amendment to the general banking law of 1949

according to the Supreme Court the right to enter to the contract is not absolute. It is still subject to
police power.

- police power prevails over the non impairment loss.

Characteristics

- most pervasive and least limitable

Requisites of police power:

- The proper exercise of the police power requires compliance with the following requisites:

[1] The interests of the public generally, as distinguished from those of a particular class, require
the intereference by the State; and
[2] The means employed are reasonably necessary for the attainment of the object sought and
not unduly oppressive upon individuals.

Southern Luzon Drug Corporation v. DSWD, G.R. No. 199669, April 25, 2017

the change in the tax treatment amounted to taking of property unlawful taking of property.
why do you see that the right to profit is not an absolute right

- right to profit
- there could be no thinking of something which is not approved to the tax payer
- they are decreasing in the sale of the pharmacy

Tablarin v. Judge Gutierrez, G.R. No. 78164, July 31, 1987

- the petitioner sought the declaration of unconstitutional of having medical national admission
test
- - individual was not allowed to get in medical school
- Is nmat is valid exercize of police power
- the power to regulate and control the practice of medicine includes the power to regulate
admission to the ranks of those authorized to practice medicine.
- It would the health and the safety of the community,
- seeks to protect the people from unqualified practitioners in order to protect in order to
promote the health and the safety of the community.

- Pimentel v. Legal Education Board, G.R. Nos. 230642 and 242954, September 10,

2019

- Philsat as a minimum requirement to assess the fitness to enter law school.

- it encroaches upon the prerogatives of law schools to determine who can enroll now, because
the law schools have institutional academic freedom, so that was violated

DUE process (United States v. Toribio, G.R. No. L-5060, January 26, 1910

- it is a constitutional right

Ynot v. Intermediate Appellate Court, G.R. No. 74457 , March 20, 1987

- no due process

nuisance per se

- A nuisance per se is an act, thing, omission, or use of the property which in and of itself is
a nuisance and hence is not permissible or excusable under any circumstances.
- Civil code 694
- affects the immediate safety of persons and property and mean be some modeling abated.

nuiisance per se, affects the immediate safety of persons and property and may be summarily
abated under undefined law of neccesity.
 Accedence per se- depends upon certain condition and circumstances and its existence being
questioned. It cannot be abated without due hearing. without notice and hearing

- property may be subject to condemnation without the necessity of a notice and slash or
hearing?
- under the law when a person is subject to criminal investigation, then under the law, no. The
passport of that person can be canceled without hearing

why is that notice and hearing may be dispense - ynot

Eminent domain

Both eminent domain and police power are being exercised at the same time, as a land reform is
concerned. ( association of small land owners)

how do you say that there is a restraint on the use of the property?

how do you say that there is a restraint on the use of the property? For purposes of eminent domain

(comprehensive land reform)

Retention limit – here is a certain size only of property that the land owner may own. If it exceeds, then
it may be the subject. It may be taken and be distributed to the land reform program. There is eminent
domain.

- there is limitation and if it exceeds the limitation,

- he land will be distributed to the landless. So that's the concept of land reform
- agrarian reform law provides for different modes of payment, not just cash, it can be bonds,
hares of stocks, among others.
- this is not just a traditional exercise, power of eminent domain. ather, this is a revolutionary
exercise of that power in the context of the state's Agrarian Reform Program.

Given that there's several modes of payment

(the concept of full and fair equivalent for purposes of just compensation apply to the revolutionary
exercise of the power of eminent domain,)

(does this apply to agrarian reform cases)

- yes, applies not just to the traditional exercise of eminent domain, but also the revolutionary
exercise, meaning it also applies even to agrarian reform cases.
o The law itself provides the parameters, section 17, of Ra 6657 enumerates, the factors
to be considered by the court in determining what constitutes just compensation for
purposes of agrarian reform.
 o he Supreme Court enjoined, that courts to use the dar formula (which govern the
computation of just compensation)
- the modes of payment cannot exceed what the law provides
o the dar administrative circular, which provides for the opening of accounts in lieu of
deposit in cash or in bonds, was construed as illegal or void as the same is not
consistent with the provisions of our a RA 6657.
o determination of just compensation is a judicial function, it is a matter of fact.
- section 17 of the law, or RA 6657
o factors and formula in the determination of just compensation
 ormula provided by the Department of Agrarian Reform should be mandatory
applied

Requisites of eminent domain ( requisites) – republic vs castellvi

- 1) The expropriator must enter a private property – this circumstance is present in the instant
case, when by virtue of a lease agreement the Republic, through PAF, took possession of the
property of Castellvi
- 2) The entrance into private property must be for more than a momentary period – the word
“momentary” when applied to possession or occupancy of property should be construed to
mean “a limited period” – not indefinite or permanent. The entry on the property, under the
lease, is temporary and considered transitory considering that the said contract is renewable
from year to year. The fact that the Republic constructed some installation of a permanent
nature does not alter the fact that the entry into the land was transitory or intended to last a
year.
- 3) The entry into the property should be under warrant or color of legal authority – this
circumstance is present in the instant case because Republic entered the Castellvi property as
lessee
- 4) The property must be devoted to a public use or otherwise informally appropriated or
injuriously affected – this is likewise present in this case because the property was used by the
air force of the AFP
- 5) The utilization of the property for public use must be in such a way as to oust the owner and
deprive him of all beneficial enjoyment of the property – this is wanting in this case as Castellvi
remained as owner and she was receiving the monthly rentals of the property; hence, she was
not deprived of the beneficial enjoyment of the property.

National Power Corporation v. Heirs of Macabangkit Sangkay, G.R. No. 165828, August

24, 2011
 - Agus river hydroelectric power plant project
- the purpose to generate electricity in Mindanao
- heirs of makabangkit sangkay
- the buyer did buy the property (there are concerns regarding the next the tunnel and it would
affect the property that it would be unsafe for habitation)
- heirs sued for damages

Is there compensable taking

- the court ruled that compensable taking is not just actual taking, but there is destruction and
that the beneficial rights of the owner has been interrupted,
- The taking to be compensable need not be an actual physical taking or appropriation
- it may include destruction, restriction, diminution or interruption of the rights of ownership or
of the common and necessary use and enjoyment of the property in a lawful manner, lessening
or destroying its value.
o It doesn't matter if the owner is not deprived of the use of the property.
o It doesn't matter if the possession is retained by the rightful owner.
o it doesn't matter no ownership does not change hands
- there is impairment or lessening or destruction of the value of the property then there is
compensable taking

Didipio Earth-Savers Multi-Purpose Association v. Gozun, G.R. No. 157882, 30 March

2006

- Philippine mining act

- the properties involved here was subjected to entry by holders of mining rights, so that they
may reach the area where they they are mining.
- there's a provision in the Philippine mining act that allowed the holders of mining act to enter
the properties , so that they may enjoy these mining rights ( section 76 of Philippine mining act)
- The Supreme Court said that the provision is already a taking provision meaning section 76 in
effect, amounts to an authorization to take the proper properties or private lands, and for which
just compensation is warranted.
- More than just just a legal easement
- Supreme Court cited section 76 it provides no as a requirement the payment of compensation
for damages suffered by the surface owner occupant or concessionaire

Republic v. Spouses Regulto, G.R. No. 202051, April 18, 2016

- Free patents are subject to a right of way in favor of the government pursuant to Section 112. of
the Commonwealth. Act 141 or public land act
 o a free patent is a mode of disposition of public agricultural land whereby an incomplete
or imperfect title over a parcel of land is administratively legalized.
- Lands which are the subject of free patents
- They are offered they're subjected to a right of way of not exceeding 60 meters
- The right of way exceeded the statutory right of way as provided under CA 141
o more than half of the property of spouse regulto so the goal was devoted as a bypass
road and there was material impairment of the value of the property
 if there is material impairment of the value of the property there is
taking
o since the bypass road exceeded the statutory right of way and impose greater burden
than that which should have been imposed upon the land owner then the land owners
in this case are entitled to just compensation.

how do we distinguish this from destruction From necessity?

- This is premised on the right the right to self preservation.

o there's no need to pay just compensation because this is disruption from necessity
o disruption from necessity may actually be done by private individuals so there is no
need for just compensation
o property here is not converted for public use

2nd requisite:

anything that is capable of appropriation by man may be expropriated, so it may be real or personal
property.

Things you can expropriate

- contractual rights as long as it's a property right

- ncorporeal rights because they are property rights
- anything that can be own by a man

Can expropriate money?

- It may be absurd.

choses in action from the scope of properties that may be expropriated (cannot be expropriated)

- Appropriatary rights
- It is a right which is a subject of a pending action or litigation
- the value of these rights are not yet definite, its still conjectural
 o It's not even certain whether the one who files the action is entitled to the right being
asserted

Republic vs PLDT

- the government wants to enter into a contract with Blvd for InterConnection, but they could not
agree on the terms of the contract.

may the government require vldb to allow interconnection of the government telephone system to
its line

- A contract may be unknown if tainted by violence, intimidation or undue influence. So generally

no one is compelled to enter into a contract.
- Government, its power of eminent domain, it may require the telephone company to permit
inter connection.
- while real properties may be the subject of expropriation or may be subjected to easement of
right of way, lines and services to allow inter service connection is not much different

we have a constitutional provision pertaining to the transfer of ownership of utilities in the interest
of national welfare, subject to payment of just compensation.

Just compensation

- as the full and fair equivalent of the property taken from its owner by the expropriator
- About the owners loss

Market value- it is the price fixed by the seller in open market in the usual and ordinary course of legal
action and competition

- It is the amount that the seller would be willing to accept a payment, and the buyer would be
willing to give in an arm's length transaction.

Data in detrmining just compensation

National power corporation v diato Bernard

- The SC emphasize the justness of the compensation could only be attained by using reliable and
actual data as a basis for fixing the value of the condemned property.
o Sworn declaration of the owners
o Tax declaration
o Value of properties
o Cost of acquisition

Cannot be based in speculation

 - the determination of just compensation is a question of fact so it’s a question of facts is a matter
of evidence
- it is incumbent upon the court to scrutinize that to determine the justness of compensation.

when do you reckon computation of just compensation

- But in case the filing of the complaint, for expropriation precedes the actual entry into the
property, then the computation of just compensation should be reckoned from the time of the
filing of the complaint.
- Whichever is earlier

City of Iloilo v. Contreras-Besana, G.R. No. 168976, February 12, 2010

- Case for expropriation against property to be converted into a school

- motion for issuance of a writ of possession was filed by the local government premised on the
deposit of the required amount, with a bank
- So despite opposition, the part of the land owner, the court sometime in 1983 granted the
motion for issuance of possession and as a result of which the school was constructed, meaning
the government was able to use the property already
o year 2009 file a motion on your property owner to withdraw the deposit only to find out
that the money was actually not deposited.

may the property owner recover possession of the property which was taken

- non payment of just compensation does not entitle the private land owners to recover
possession of the expropriated lot.

Two phases in expropriation case

- first phase- ends with an order of dismissal or a determination that the property is to be
acquired for a public purpose.
o stage rather when the courts determine whether the complaint is being filed based on
the public purpose whether the exploration is being done for a public purpose.
o So, if it ends in an order of dismissal, then the government may elevate by way of
appeal.
o If the court determines that it is for a public purpose, then the land owner may appeal
otherwise it may be final
- The second phase- consists of the determination of just compensation
o it ends with an order fixing the amount to be paid to the land owner.

since the land owner did not contest the grant of motion for insuance of writ of possession And
concomitantly the determination that the local government knew and had the right to expropriate then
such order became final
 - the property owner can no longer recover the property even if there was no payment of just
compensation.
o the payment of actual and compensatory damages, loss interest, no. Actually the in the
actual or compensatory damages, will be in the form of interest, legal interest of 6% on
the value of the property , value at the time of the taking of the property.
o property owner is likewise entitled to exemplary damages and attorneys fees,

In fact, in just compensation can be considered as a forbearance of a sum of money. Hence, no, there is
a necessity to pay interest in theory in case there is a delay The payment of just compensation

Certain or prior issue governing interest rates

- may 1916 - by virtue of act 2655 interest rate was 6% or such rate as may be prescribed by the
Central Bank Monetary Board for loans or furtherance with money in the absence of Express
stipulation,
- june 29 1974- the central bank Monetary Board issued a resolution 1622. So, it increased the
legal rate from 6% to 12%. And this was maintained in the resolution of the central bank in
circular number 905 which took effect on December 22 1982
- may 16 2013 - by virtue of the BSP Monetary Board Resolution Number 796, by virtue of the BSP
Monetary Board Resolution Number 796. The legal rate was again brought down to 6% per
annum.

suppose the state no control of the property and did not pay just compensation.

(secretary of the Department of Public Works and highways versus spouses hera cleo)

- it ruled that the land owner is entitled to legal interest on top of the principal which is the fair
market value of the property at the time of the taking if the same was not paid
- and by virtue or because of the unlawful taking of the property. Again, the Supreme Court
declared that the land owner is entitled to exemplary damages
- if the state took control of the property without immediately initiating expropriation
proceedings, then it would allow the property owner to recover not just the just compensation
plus interest and property exemplary damages, attorneys fees and costs of litigation.

rules on compensation of A with respect to right of way and national infrastructure project.

Republic act 1075 ( expropriation of nationa;l govt(

First step- would be the negotiated sale

- So, the national government should first negotiate for sale now does not push through then ,
and it becomes necessary on the part of the national government or any agency of the national
government.\
 - when it determines means that the acquisition of the real property is necessary, for right away
purposes or for national government infrastructure purposes, then it should initiate
expropriation procedures must comply with section six of our a 10752.

Who initiates it

- it should be the appropriate implementing agency through the Office of the Solicitor General,
the Office of the General corporate counsel or their deputize government or private legal
counsel. (they they're the ones which should initiate next cooperation proceedings before the
proper court. And here are the guidelines)
o Guidelines
 1. , upon the filing of the complaint, or at any time thereafter and after due
notice to the defendant, the implementing agency shall immediately deposit to
the court in favor of the owner the amount equivalent to 100% of the value of
the land based on the current relevant zonal valuation of the BIR
 2. the second they must also deposit the replacement costs occurred market
value of the improvements and structures will determine the replacement costs.
 the implementing agency
 a government financial institution with adequate experience in property
appraisal
 an independent property appraiser accredited by the bangko sentral ng
Pilipinas

`` 3. third the current market value of crops and trees located within the property as
determine by a government financial institution or an independent property appraiser
to be selected as indicated in section five subparagraph A of the law

 subparagraph A of section five

 to determine the appropriate price offer, the implementing agency may
engage the services of a government financial institution with adequate
experience in property appraisal, or an independent property appraiser
accredited by the bangko sentral ng Pilipinas or a professional
association of appraisers recognized by the BSP to be procured by the
implementing agency under the provisions of our a 9184. Otherwise
known as the government procurement reform, and its implementing
rules and regulations pertaining to consulting services.
 Improvements – replacement cost
 Crops and trees – market value

the court shall immediately issue to the implementing agency an

order to take possession of the property and start the implementation of the project.
what if after seven days theres no writ of execution

- the Council of the implementing agency may file a motion may seek from the court the issuance
writ of possession and it requires no hearing anymore this treated as Ex parte.

what is required of the owner for the release of the amount deposited,

- the owner must present sufficient proofs of ownership. So of course, the best proof would be
specially since this pertains to real properties by Certificate of title that is the indefeasible proof
of ownership.

in case tthe implementing agency shall deposit the amount equivalent to the sum mention which I
mentioned for the benefit of the person to be a judge in the proceedings as entitled to receive.he
owner of the property cannot be found.

now in cases of four provinces, cities or municipalities or other areas where there is no land
classification,

- the city or municipal assess or is he as mandated by the law within 60 days from the filing of the
case to come up with a required land classification and the corresponding the declaration of real
property and improvement for the area.
o where there is no zonal valuation or where the current zonal valuation has been
enforced for more than three years, the /BIR is mandated within 60 days from the filing
of the complaint to conduct a zonal valuation of the area based on the land classification
done by the city or municipal assessor.

here is no land classification. And there is also known as zonal valuation, or the zonal valuation has been
enforced for more than three years.

- the implementing agency shall use the BI zonal value or the land classification of similar lands
within the adjacent vicinity as the basis or the valuation.]

upon receipt of the writ of possession, the main implementing agency may take possession of the
property and start by implementation of the project.

if the owner of the property contests the valuation

- the court shall determine the just compensation to be paid to the owner within 60 days from
the filing of the expropriation keys. So, when the decision of the court becomes final and
executory, the implementing agency shall pay the owner that difference

with regard to the taxes and fees relative to the transfer the title

- implementing agency shall pay the dock stamp tax transfer tax and registration fees while the
owner the owner shall pay the capital gains tax and any unpaid real property.
the similarities and distinctions now, among the three powers of the state

- already inherent
- they are already inherent in this in the state and may be exercised by it without need of Express
constitutional grant.
- they are not only necessary but indispensable. So, the state cannot continue or be effective
unless it is able to exercise these powers.
- they are methods by which the state interferes withprivate right.
- they all presuppose an equivalent compensation for the private rights interfered with and they
may be exercised primarily by the legislature.

Dist

-the police power regulates both liberty and property.

- the power of eminent domain and the power of taxation affect only property right.

- police power in the power of taxation may be exercised only by the government while the power
of eminent domain may be exercised by some private entities,ex: orporations with a charter and
authorized to exercise the power of eminent domain

- the power or rather the property taken in the exercise of police power is destroyed, because it is
noxious or intended for a noxious purpose.

- the property taken under the power of eminent domain and the power of taxation is intended for
a public use or purpose. Therefore, wholsome
bill of rights under article three of the Constitution

People v marty

it's only a limitation to governmental acts so these setup rights only limit governmental act

- package inspected
- violating dangerous act
- is the evidence admissible, yes
- what is the nature of the search of the proprietor
- IT WAS A PRIVATE SEARCH ONLY
- Limits only governmenatal actions
- the constitutional prohibition on unlawful searches and seizures No. applies only when the same
way when the same know when the search is done by the government and its agencies
- \It cannot be applied to a search done by a private person
- - the Supreme Court, the Bill of Rights, particularly the constitutional perscription under article
three, section two only applies to government agencies to the searches conducted by the
government and its agents.

Civil code art 32

- Private persons

how do we reconcile that with article 32 of the new civil code?

- protect civil liberties, but at the same time, may be violated by private individuals,

- o person shall be deprived of life, liberty or property without due process of law
- Unlike an alien, there are additional requirements
- foreigners are also entitled to due process. Now, once they're admitted to the country, there's a
certain level of protection that they're entitled to know. So, for instance, in deportation
proceedings, we cannot just simply kick out an alien without hearing their sign for so there's a
deportation proceeding, though we have the importation procedures that must be followed
- oreigner is entitled to certain protection under the due process clause, even the equal
protection clause. So as a foreigner, no, is entitled to due process just like citizens, although they
very know that the treatment accorded to them by law bar is no shouldn't pass up money equal
protection of the law.

There are certain protections that a citizen is entitled to the foreigner is not entitled t0

- foreigners are subjected to additional requirements that are not applicable to citizens. So the
treat the treatment of the law varies.

the due process requirements for a foreigner would vary from the due process requirement for a
citizen
 The right to life

(Civil Code provision articles 40 and 41.)

when does life commence?

- So meaning the life of the fetus is already protected by law.

article two section 12 civil code

- The state shall equally protect the right of the mother and the rights of the unborn from
conception

Imbong v ochoa

- Because the petitioners there argued that the law in fact encourages abortion it's a violation of
the right to life.

when do you consider a child conceived? When does life start

- life begins from fertilization. Sperm meets the egg

- when you terminate life inside there is already a consequence cannot be penalized not in an
abortion
o sanction abortion in the Philippines would be unconstitutional because of this, because
article two section 12 is a response of the framers of the Constitution to the Roe vs.
Wade ruling which allows that is a decision of the US Supreme Court allowing abortion
under certain guidelines

life of a baby may be terminated

- if it endagers the life of the mother

due process also applies to your right to employment because your right to life does not Just mean by
right to breathe

- right to ameaningful life

substantive and procedural due process

substantive- ubstantive due process means that an employee may only be dismissed or
terminated from employment for a course there must be jobs or authorized costs provided by law.

Procedural - means that an employee may only be terminated from employment.

Suspension employment

- The Supreme Court said it must be balanced with the proper exercise of police power. our right
to employment, our right to travel is always subject to the proper exercise of police power.
giu process must also be balanced with the right of the state to restrict Liberty

- violation of our penal laws is a perfect example of a restraint to liberty but rquires due process

Government of Hong Kong Special Administrative Region v. Olalia, G.R. No. 153657,

19 April 2007

- is there a right to bail in extradition cases

o (xtradition is a sub process or of removal of an accused from the Philippines with the
object of placing him at the disposal of foreign authorities, to enable the requesting
state or government to hold him in connection with any criminal investigation directed
against him or the execution of a penalty imposed on him under the penal or criminal
law of the requesting state, or government.
o it is the right of a foreign power created by a treaty to demand the surrender of an
accused or, or one was convicted of a crime within the territorial jurisdiction for another
country, and the relative duty of the other state to surrender that person to the
demanding state.

Due process varies

- it refers to the procedure, whereas substantive due process refers to the very justification, no.
Very justification for the government's action in taking or in restricting uppers a person's rights
to life, liberty or property.

serves as a restriction on the lawmaking and rulemaking power of the government.

White light corporation

- testhat determine whether a law or an ordinance passes the substantive due process
requirements
o strict scrutiny test. - to determine the validity of a regulation restricting fundamental
rights
o the rational basis standard and number three, used for the review of economic
legislation.
o Immediate scrutiny test- While the test may have first been articulated in equal
protection analysis, it has in the United States since been applied in all substantive due
process cases as well.

Lawrence v texas

- Gay
 exercise of police power the elements are the requisites for compliance when substantive due
process are the same lawful subject lawful means,

1. subject of the law no applies generally to all persons belonging to the same class. It applies to
the general public and not necessarily to specific individuals only. And the means employed are
reasonably necessary to achieve the governmental purpose. So lawful subject and lawful means

procedural due process

- procedure the limits know how the rights are enforced

- depends on the type of proceeding

civil case requirement

- Number one, an impartial court or tribunal loaded with judicial power to hear and determine the
matter before.

- urisdiction must be lawfully acquired over the person of the defendant and over the property
subject matter of the proceeding

article eight, section 14 of the Constitution