DUE PROCESS

Where are you, Adam?

Did you eat of the forbidden fruit?

2
 “
NOTICE and HEARING

“…ground work of justice and

fair play was established.”

3
 Due Process defined
4
1. A law which hears before it condemns,
which proceeds upon inquiry and renders
judgment only after trial.

2. Responsiveness to the supremacy of reason,

obedience to the dictates of justice.
(Ermita Malate Hotel and Motel Operators vs. Manila - G.R. No.L-24693 | 31 July 1967)
 Function of the Bill of Rights
5

Government is powerful. When unlimited,

it becomes tyrannical. The Bill of Rights is
a guarantee that there are certain areas of a
person's life, liberty, and property which
governmental power may not touch.
 Section 1 of the Bill of Rights provides that -
6

No person shall be deprived of

life, liberty, or property without
due process of law, nor shall any
person be denied the equal protection of
the laws.
(Art. III, Sec. 1)
 Definition of Person
7
Person refers to:
1. Natural persons (citizens and aliens)
2. Juridical persons (corporations and partnerships)
3. Political Subdivisions (provinces, cities and municipalities)
 Deprivation
8
It is the denial of the right to life
life,
liberty or property.
property

without due process of law

 What is the right to “life?”
9
The constitutional protection of the right to
life is not just a protection of the right to be
alive or to the security of one’s limb against
physical harm. The right to life is the right to a
good life.

It also includes the right to privacy.

(Ople v. Torres - G.R. No. 127685 | July 23, 1998)
 What is the right to “liberty?”
10
It 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 of Mindoro, 39 Phil 660)
 What is the right to “property?”
11
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.

It also includes right to practice one’s

profession.
 Not covered as “property”
12
1. permits and licenses
2. private employment
3. public office – one cannot insist on staying in
office if the office has already been abolished.
 “
“Mere privileges are not
property rights and are
therefore revocable at
will.”

13
 Due process of law guarantees:
14

◈ notice and
◈ opportunity to be heard
◈ to persons who would be affected by the order
or act contemplated.
 YNOT
vs.
IAC (now, the CA)

G.R. No. 74457 | March 20, 1987

15
 FACTS:
16 • Restituto Ynot (petitioner) was transporting six carabaos in a pump boat from Masbate to
Iloilo.
• He was apprehended by the Police Station Commander of Iloilo and had his “goods”
confiscated
• The arrest was based on the violation of Executive Order No. 626-A by President Marcos
• E.O. #626: prohibiting the interprovincial transportation of carabao and carabeef
regardless of age, sex, physical condition or purpose… and shall be subject to confiscation
and forfeiture by the government.
• Petitioner contends that the penalty is invalid because it is imposed without according the
owner a right to be heard before a competent and impartial court as guaranteed by due
process. He complains that the measure should not have been presumed, and so sustained,
as constitutional
• RTC Iloilo City sustained the confiscation of the carabaos, CA upheld the trial court.
 ISSUE:
17

Whether due process was observed in the

case at bar?
 RULING:
18

The executive order defined the prohibition, convicted

the petitioner and immediately imposed punishment,
which was carried out forthright. The measure struck
at once and pounced upon the petitioner without
giving him a chance to be heard, thus denying him
due process.
 Noted Exceptions to Due Process:
19 1. The 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 therefrom.
2. There are instances when the need for expeditious action will justify omission of these
requisites, as in the summary abatement of a nuisance per se, like a mad dog on the
loose, which may be killed on sight because of the immediate danger it poses to the
safety and lives of the people.
3. Pornographic materials, contaminated meat and narcotic drugs are inherently pernicious
and may be summarily destroyed.
4. 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.
5. Filthy restaurants may be summarily padlocked in the interest of the public health and
vulgar houses to protect the public morals.
 Procedural Due Process
20
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.
It concerns with government action on
established process when it makes intrusion
into the private sphere.
 Substantive Due Process
21
Substantive due process, asks whether the
government has an adequate reason for taking
away a person’s life, liberty, or property.
[City of Manila vs. Laguio (2005) G.R. No. 118127 | April 12, 2005]
 The Due Process Clause is a handy legal tool for the protection
of the valued rights to life, liberty and property, and all other
freedoms and liberties that inhere or adhere to them.

It provides both a safeguard to ensure fairness in the

proceedings that may be taken towards the deprivation of any
liberty or property interests, or the impairment of any other right or
freedom, as well as the guarantee of reasonableness in the
enactment of laws and other regulations which impact life, liberty
and property.

22
Thanks!
23