Due Process

Question 1

[FIB]

Sec. 1, Art. III. –

No person shall be deprived of ____________________ without ______________, nor shall any person be denied the ________________.

Answer 1

life, liberty, or property;

due process of law;

equal protection of the laws

Sec. 1, Art. III.

No person shall be deprived of ____________________ without ______________, nor shall any person be denied the ________________.

Question 2

[FIB]

Sec. 1, Art. XIII. – The Congress shall give highest priority to the enactment of measures that protect and enhance the _______________ , reduce ________________, and remove _____________by equitably diffusing wealth and political power for the ______________.

Answer 2

right of all the people to human dignity;

social, economic, and political inequalities;

cultural inequities;

common good

Sec. 1, Art. XIII. – The Congress shall give highest priority to the enactment of measures that protect and enhance the _______________ , reduce ________________, and remove _____________by equitably diffusing wealth and political power for the ______________.

Question 3

[FIB]

Due process of law means simply, first that _____________________; second, ______________; third, that __________________; and fourth, that ____________________.

[Rubi v. Provincial Board of Mindoro, supra].

Answer 3

1. there shall be a law prescribed in harmony with the general powers of the legislative department of the Government
2. that this law shall be reasonable in its operation
3. it shall be enforced according to the regular methods of procedure prescribed
4. it shall be applicable alike to all the citizens of the state or to all of a class

Due process of law means simply, first that _____________________; second, ______________; third, that __________________; and fourth, that ____________________.

[Rubi v. Provincial Board of Mindoro, supra].

Question 4

What is due process?

Answer 4

Due process furnishes a standard to which the governmental action should conform in order that deprivation of life, liberty or property, in each appropriate case, be valid. xxx It is responsiveness to the supremacy of reason, obedience to the dictates of justice. Negatively put, arbitrariness is ruled out and unfairness avoided. xxx Correctly it has been identified as freedom from arbitrariness. It is the embodiment of the sporting idea of fair play

[Ichong v. Hernandez, supra].

Question 5

What is the right to life?

Answer 5

It includes the right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable

[MALCOLM].

Understood to include the right to security of person or the guarantee of the secure quality of life, which pertains to a life lived with assurance that the government he established and consented to will protect the security of his person and property.

Question 6

What is the right to life, specifically, as stated in Sec. of National Defense v Manalo?

Answer 6

Specifically, it means

[1] freedom from fear;

[2] guarantee of bodily and psychological integrity, and

[3] guarantee of protection of one‘s rights by the government

[Secretary of National Defense v. Manalo, G.R. No. 180906 (2008)].

Question 7

What is the right to liberty?

Answer 7

Liberty 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, supra]

Question 8

What is the right to property?

Answer 8

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

[Torraco v. Thompson, 263 US 197 (1923]

Question 9

What is the scope of the right to due process?

Answer 9

Universal in application to all persons without regard to any difference in race, color or nationality.

[Smith Bell and Co. v. Natividad, G.R. No. 15574 (1919)].

Question 10

Does the right to due process include artificial persons?

Answer 10

YES. LImited

Artificial persons are covered by the protection but only insofar as their property is concerned

[Smith Bell and Co. v. Natividad, G.R. No. 15574 (1919)].

Question 11

Does the guarantee of due process extend to aliens?

Answer 11

YES

The guarantee extends to aliens and includes the means of livelihood

[Villegas v. Hiu Chiong, G.R. No. L-29646 (1978)].

Question 12

What are the noted exceptions to due process?

Answer 12

a. A 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 there from.
b. There are instances when the need for expeditious action will justify omission of these requisites—e.g. in the summary abatement of a nuisance per se, like a mad dog on the loose, which may be killed at sight because of the immediate danger it poses to the safety and lives of the people.
c. Pornographic materials, contaminated meat and narcotic drugs are inherently pernicious and may be summarily destroyed.
d. 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.
e. Filthy restaurants may be summarily padlocked in the interest of the public health and bawdy houses to protect the public morals [Ynot v. IAC, supra].

In such instances, previous judicial hearing may be omitted without violation of due process in view of: a. the nature of the property involved, and b. the urgency of the need to protect the general welfare from a clear and present danger.

Question 13

Does due process mean the same procedure for all situations?

Answer 13

NO.

The concept of due process is flexible for not all situations calling for procedural safeguards call for the same kind of procedure [Secretary of Justice v. Lantion, G.R. No. 139465 (2000)].

To say that the concept of due process is flexible does not mean that judges are at large to apply it to any and all relationships. Its flexibility is in its scope once it has been determined that some process is due; it is a recognition that not all situations calling for procedural safeguards call for the same kind of procedure [Morrissey v. Brewer, 408 U.S. 471 (1972)].

Question 14

What are the 2 related but distinct restriction imposed on government imposed by the due process guaranty?

Answer 14

1. procedural due process

2. substantive due process

Question 15

What is substantive due process?

Answer 15

It inquires on whether the government has sufficient justification for depriving a person of life, liberty, or property

[White Light Corporation v. City of Manila, supra]

In other words, substantive due process looks to whether there is a sufficient justification for the government’s action. Substantive due process is an aspect of due process which serves as a restriction on the lawmaking and rule-making power of the government. The law itself, not merely the procedures by which the law would be enforced, should be fair, reasonable, and just. It guarantees against the arbitrary power even when exercised according to proper forms and procedure.

Question 16

What are the requisites of substantive due process?

Answer 16

Requisites of Substantive Due Process Due

process of law means simply that

a. There shall be a law prescribed in harmony with the general powers of the legislative department of the Government;
b. This law shall be reasonable in its operation;
c. It shall be enforced according to the regular methods of procedure prescribed; and
d. It shall be applicable alike to all the citizens of the state or to all of a class [Rubi v. Provincial Board of Mindoro, supra].

Question 17

What is procedural due process?

Answer 17

Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty or property. Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into the private sphere

[White Light Corporation v. City of Manila, supra].

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. Concerned with government action on established process when it makes intrusion into the private sphere.

Question 18

What are the requisites of Procedural Due Process in Civil Proceedings?

Answer 18

1. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant and over the property subject matter of the proceeding [Banco Español v. Palanca, G.R. No. L-11390 (1918)].
3. The defendant must be given an opportunity to be heard. Due process is satisfied as long as the party is accorded the opportunity to be heard. If it is not availed of, it is deemed waived or forfeited without violating the constitutional guarantee [Bautista v. CA, G.R. No. 157219 (2004)].
4. Judgment must be rendered upon lawful hearing and must clearly explain its factual and legal bases [Sec. 14, Art. VIII; Banco Español-Filipino v. Palanca, supra].

Question 19

Is notice an essential element of due process?

Answer 19

YES

Notice is an essential element of due process, otherwise the Court will not acquire jurisdiction and its judgment will not bind the defendant. To be meaningful, it must be both as to time and place. Service of summons is not only required to give the court jurisdiction over the person of the defendant but also to afford the latter the opportunity to be heard on the claim made against him. Thus, compliance with the rules regarding the service of summons is as much an issue of due process as of jurisdiction

[Sarmiento v. Raon, G.R. No. 131482 (2002)].

Question 20

Is the right to appeal a part of due process?

Answer 20

NO/YES? conflicting decisions

The SC reiterated that the right to appeal is not a natural right nor part of due process; it is merely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law

[Alba v. Nitorreda, G.R. No. 120223 (1996)]

The allowance or denial of motions for extension rests principally on the sound discretion of the court to which it is addressed, but such discretion must be exercised wisely and prudently, with a view to substantial justice. Poverty is recognized as a sufficient ground for extending existing period for filing. The right to appeal is part of due process of law [Reyes v. CA, G.R. No. L-41680 (1977)].

Question 21

What are the requisites of due process in administrative proceedings?

Answer 21

Rules

[Ang Tibay v. CIR, G.R. No. 46496 (1940)]:

1. Right to a hearing to present own case and submit evidence in support thereof.
2. Tribunal must consider the evidence presented.
3. Decision rendered must have support.
4. Evidence which supports the finding or conclusion is substantial (such relevant evidence as a reasonable mind accept as adequate to support a conclusion).
5. The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.
6. The tribunal or any of its judges, must act on its 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.
7. The tribunal 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 reasons for the decision rendered.

Question 22

What is the essence of due process in administrative proceedings?

Answer 22

In administrative proceedings, the essence of due process is to explain one’s side. An actual hearing is not always an indispensable aspect of due process as long as the party was given the opportunity to defend his interests in due course.

[Lumiqued v. Estrada, G.R. No. 154243 (1997)]

Question 23

What are the requisites of due process for academic disciplinary proceedings?

Answer 23

Requisites

[Non v. Dames, G.R. No. 89317 (1990)]:

1. The students must be informed in writing of the nature and cause of any accusation against them;
2. They shall have the right to answer the charges against them, with the assistance of counsel, if desired;
3. They shall be informed of the evidence against them;
4. They shall have the right to adduce evidence in their own behalf;
5. The evidence must be duly considered by the investigating committee or
   official designated by the school authorities to hear and decide the case

Question 24

What are the requirements of due process in labor cases?

Answer 24

The Labor Code requires twin requirements of notice and hearing for a valid dismissal.

However, the Court in Serrano v. NLRC clarified that this “procedural due process” requirement is not constitutional but merely statutory, hence, a violation of such requirement does not render the dismissal void.

Question 25

What are the reasons why violation by the employer of the notice requirement cannot be considered a denial of due process resulting in the nullity of the employee’s dismissal or layoff?

Answer 25

1. The Due Process Clause of the Constitution is a limitation on governmental powers. It does not apply to the exercise of private power, such as the termination of employment under the Labor Code.
2. Notice and hearing are required under the Due Process Clause before the power of organized society are brought to bear upon the individual. This is obviously not the case of termination of employment under Art. 283.
3. The employer cannot really be expected to be entirely an impartial judge of his own cause.

Question 26

What is the required proof in an student disciplinary action?

Answer 26

The required proof in a student disciplinary action, which is an administrative case, is neither proof beyond reasonable doubt nor preponderance of evidence but only substantial evidence or “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” What is crucial is that official action must meet minimum standards of fairness to the individual, which generally encompass the right of adequate notice and a meaningful opportunity to be heard.

Question 27

What are the requisites of substantive due process?

Answer 27

Laws which interfere with life, liberty or property satisfy substantive due process when there is

[US v. Toribio, G.R. No. L-5060 (1910)]:

a. Lawful subject i.e. the interests of the public in general (as distinguished from those of a particular class) require the intervention of the State, and
b. Lawful means i.e. means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals.

Question 28

Is publication of laws part of due process?

Answer 28

YES

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 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 v. Tuvera, G.R. No. L-63915 (1986)].

Question 29

When is the Rational Basis Test applicable?

Answer 29

This test is applicable for economic, property, commercial legislation

[White Light Corporation v. City of Manila, supra]

Question 30

When is the Intermediate Scrutiny Test applicable?

Answer 30

The heightened or immediate scrutiny was adopted by the U.S. Supreme Court for evaluating classifications based on gender and legitimacy. 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

[White Light Corporation v. City of Manila, supra]

Question 31

When is the Strict Scrutiny Test applicable?

Answer 31

This test is triggered when a fundamental constitutional right is limited by a law (i.e. freedom of the mind and curtailment of political process).

Question 32

What is the Strict Scrutiny Test?

Answer 32

This requires the government to show an overriding or compelling government interest so great that it justifies the limitation of fundamental constitutional rights. The courts make the decision of whether or not the purpose of the law makes the classification necessary.

Question 33

What is the level of scrutiny when the rights involved are re. economic property, commercial legislation

Answer 33

Rational Basis

Question 34

What are the requisites for validty of legislation under the rational basis as a level of scrutiny?

Answer 34

a. Legitimate government interest

b. Purpose and means correspondence

Question 35

What is the level of scrutiny when the rights involved are re. gender, illegitimacy?

Answer 35

Intermediate / Heightened Scrutiny

Question 36

What are the requisites for validity of legislation under the intermediate/heightened level of scrutiny?

Answer 36

a. substantial government interest

b. availability of less restrictive means

Question 37

What is the Void for Vagueness Doctrine?

Answer 37

A vague statute is repugnant to the Constitution in two respects [Southern Hemisphere v. Anti-Terrorism Council, G.R. No. 178552 (2010)]:

a. It violates due process for failure to accord persons, especially the parties targeted by it, fair notice of what conduct to avoid; and
b. It leaves law enforcers an unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the government muscle.

Question 38

When is an act vague?

Answer 38

An act is vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its common meaning and differ as to its application.

Question 39

When is a statute or act may be said to be vague?

Answer 39

A statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application.

Question 40

What is the requisites for a statute establishing a criminal offense to avoid vagueness?

Answer 40

A statute establishing a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand what conduct is prohibited by the statute

Question 41

What is the definition of the Overbreadth Doctrine?

Answer 41

The overbreadth doctrine decrees that “a
governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms”

[Southern Hemisphere v. Anti-Terrorism Council, supra].

Question 42

What is the difference bet. the Overbreadth Doctrine and Void for Vaguness Doctrine?

Answer 42

The void for vagueness doctrine is subject to the same principles governing overbreadth doctrine. For one, it is also an analytical tool for a “facial” challenge of statutes in free speech cases. Like overbreadth, it is said that a litigant may challenge a statute on its face only if it is vague in all its possible applications.

Question 43

Is the void for vagueness and overbreadth doctrines applicable to penal statutes?

Answer 43

General rule:
NO. Void for vagueness and overbreadth are inapplicable to penal statutes.

Rationale:
Statutes have a general in terrorem effect, which is to discourage citizens from committing the prohibited acts.

Exception:

1. The statute is challenged as applied; or
2. The statute involves free speech

Rationale:
Statute may be facially challenged in order to counter the “chilling effect” of the same.

[Disini v. Sec. of Justice, G.R. No. 203335 (2014), on the constitutionality of the Cybercrime Law]

Question 44

What is the difference bet. As-applied and facial challenges?

Answer 44

As-applied challenge:
considers only extant facts affecting real litigants

Facial validation:
an examination of the entire law, pinpointing its flaws and defects, not only on the basis of its actual operation to the parties, but also on the assumption or prediction that its very existence may cause others not before the court to refrain from constitutionally protected speech or activities

[Disini v. Sec. of Justice, supra]

Question 45

When can the void for vagueness doctrine be invoked against a species of legislation?

Answer 45

This doctrine] can only be invoked against that species of legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction.

[Estrada v. Sandiganbayan, G.R. No. 148560 (2001)].

Question 46

What is the test in determining whether a criminal statute is void for uncertainty?

Answer 46

The test in determining whether a criminal statute is void for uncertainty is whether the language conveys a sufficiently definite warning as to the proscribed conduct. It must be stressed, however, that the vagueness doctrine merely requires a reasonable degree of certainty for the statute to be upheld – not absolute precision or mathematical exactitude [Estrada v. Sandiganbayan, G.R. No. 148560 (2001)].