Section 1. Due Process Clause

Question 1

What is Article III, Section 1 of the Philippine

Answer 1

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.

Question 2

What are the two aspects of due process?

Answer 2

1. Procedural Due Process
2. Substantive Due Process

Question 3

What is procedural due process?

Answer 3

It simply means that the process is due under the circumstances. It is with regards to the procedure for implementing a law.
- A mode of procedures which must be followed in the enforcement and application of laws.
- To give chance to a person of fair play or chance against illegal arbitrariness.
- It is in essence “hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial.”

Question 4

Procedural Due Process must be applied in the following:

Answer 4

1. Judicial Proceedings
2. Administrative proceedings
3. Discipline of students
4. Rule-making by Administrative bodies
5. Summary Dismissal

Question 5

When may due process not be applied?

Answer 5

1. Abatement of Nuisance per se
2. Preventive Suspension
3. Provisional Increases
4. Contempt
5. Rule-Making where no notice and hearing is required

Question 6

What are the elements of judicial due process?

Answer 6

1. There must be a court or tribunal to hear and determine the matter
   before it (a court with power and jurisdiction).
2. Jurisdiction must be acquired over the person of the defendant and over
   the property which is the subject matter of the proceeding.
3. The defendant must be given an opportunity to be heard.
4. Judgment must be rendered upon lawful hearing.

Question 7

What are the elements of Administrative Due Process?

Answer 7

There are cardinal primary rights which must be respected even in proceedings of this character:
1. The right to hearing
2. Consider the evidence presented
3. Something to support its decision
4. Substantial Evidence
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. Independent consideration
7. Various Reasons and Issues involved in rendering decision

Question 8

What are the elements of procedural due process in deportation proceedings?

Answer 8

1.) There must be a preliminary investigation.
2.) The charge must be sated with precision.
3.) The requirements in criminal cases must be followed, not just a summary procedure.
(e.g. bail, trial, etc.)

Question 9

What is a vague law?

Answer 9

a law is vague if it cannot be clarified by either a saving clause or by construction and if you do not know what conduct to avoid.

Vague laws will give authorities unbridled discretion in enforcing it, and the victims will never
know how or why they violated the law. In almost all cases, courts will resort to the rules of
statutory construction to find the meaning of a statute, which is why it is very rare when it
cannot find any meaning to the statute.

Question 10

BASIC ELEMENTS IN DUE PROCESS:

Answer 10

1. Notice – to warn you
2. Hearing – to give you an opportunity to be heard

Question 11

WHEN IS DUE PROCES IS NOT REQUIRED?

Answer 11

1. In cases of abatements of nuisance per se which may be abated summarily without the necessity of judicial authorization.
2. Preventive Suspension of students/workers.
3. Provisional Rate Increases
4. Cancellation of the passport of a man accused of a crime
5. Preventive suspension of a civil servant facing administrative charges
6. Direct Contempt

Question 12

What are the 5 requirements to satisfy due process in the discipline of the students?

Answer 12

a.) The students must be informed in writing of the nature and cause of
any accusation against them.
b.) They shall have the right to answer the charges against them with
the assistance of counsel if desired
c.) They shall be informed of the evidences against them.
d.) They shall have the right to adduce evidence in their own behalf
e.) The evidences must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.

Question 13

What is substantive due process?

Answer 13

Substantive Due Process requires the intrinsic validity of the law in interfering with the rights of the persons to his life, liberty and property.

Question 14

If the person who decides the case is not the same person who conducted the hearing or investigation, does it violate due process?

Answer 14

In the seven elements of administrative due process, there is no requirement that the same person
who conducted the hearing should also decide the case. The testimonies of the witnesses do not
necessarily have to be given to the same person who will decide on the case. What is important is that all
the facts should be considered by the deciding authority to satisfy due process.

Question 15

Is there a requirement that the deciding officer must be the one who should hear the
case?

Answer 15

The court held that due process does not require that the actual taking of testimony must be by the person who will decide the case. What it requires is that the deciding officer should consider all the evidences presented.

Question 16

What if the lawyer prosecuting the case, the witnesses to the case, and the agency as the decision
maker belong to the same agency, will it violate due process?

Answer 16

No, there is no violation as long as the seven elements are met. In fact, this is what is being done in most agencies, where the judge, jury and executioner is from the same agency. What is important is that there is no violation of the seven elements enumerated in the Ang Tibay case.

Question 17

Policemen are conducting drunk-driving tests at random, with the use of a “breathalyzer” gadget. If
you fail to pass the test, your license to drive shall be suspended for 90 days. Does it violate due process?

Answer 17

The taking of something (the license) from somebody should also be considered here. There is a
violation. UP suggested that a post-suspension hearing should be conducted immediately. Of course,
they are aware that this is for the welfare of the people against drunk-driving, which could make the
government’s conduct reasonable. There is compelling interest against drunk-driving. The purpose of the
post-suspension hearing is for determining whether the person is guilty or not. The suspension of the
license shall, in effect, be provisional or temporary. It should not be considered as a penalty. Post-
suspension hearings are very important so there would be no violation of due process.

Another view would be, the license is just a privilege granted by the State which may be revoked
anytime. On the contrary, the suspension of the license for a long time can also deprive a jeepney driver
of his property right. It is not just a license to him but also a means of livelihood. Therefore confiscations
should have due process.

Question 18

The ERB, in response to public protest, issued a decree containing a schedule of lowering the price
of petroleum products for a period of one year. The oil company objected stating that the period is too
long. Is the conduct of the ERB proper?

Answer 18

The conduct of the ERB is not valid because there was no hearing conducted. The decree cannot be
considered also as provisional in nature because the period covered is too long.

Question 19

Is due process required in rate-fixing?

Answer 19

When it comes to rate fixing, due process is required after determining if the exercise of power by the authority was judicial, quasi-judicial or quasi-legislative because it affects all oil companies. There should be notice and hearing first.

Question 20

What is the test for substantive due process?

Answer 20

GENERAL RULE: If an administrative body exercises quasi-legislative function, there is no need of notice and hearing.

Question 21

What is police power?

Answer 21

It is the power of the Government to prescribe regulations to promote health, morals, education, good order, or safety and the general welfare of the people.

Question 22

EXCLUSIVE AREAS ON WHICH POLICE POWER CAN BE EXERCISED BY THE GOVERNMENT (LAWFUL SUBJECTS):

Answer 22

1. Health
2. Morals
3. Education
4. Good Order
5. Safety
6. General Welfare

Law-Making Bodies cannot pass laws which do not concern any of these areas. Otherwise, the laws passed shall be void.

Question 23

What are the basic principles attached to police power?

Answer 23

1. It is inherent in the government.
2. It is primarily exercised by the National Legislature but it can also be delegated to local governments.
3. It is the least limitable of all powers.
4. It enjoys a presumption of validity and constitutionality.

Question 24

what are the tests for the valid exercise of police power?

Answer 24

1. lawful subject
2. lawful means

Question 25

what are the two tests that a law must pass?

Answer 25

a.) Rational Connections Test (the reasonable relation between the means and the end)

If that is the law, what should be the method used or the means employed for the purpose?

b.) Unduly Oppressive Test - The law should not unreasonably burden the rights. They shall not be unduly oppressive of other’s rights. It must conform to the safeguards embodied in the Bill of Rights

Question 26

If the city passes an ordinance prohibiting the renting of hotels or motels on a short time basis, does
it violate property rights of the owner or the right of the customers to rent the rooms for really resting or sleeping?

Answer 26

First, short time should be defined before it can be argued on. If short time is less than eight hours,
the law can be valid if challenged by the hotel owners. If short time is more than eight hours, the
ordinance can or might be considered as oppressive or an unreasonable burden to the owner’s rights
(property rights derived from income).

Question 27

What is classification?

Answer 27

The grouping of persons or things similar to each other in certain particulars and different from all others. These are laws that set apart a group of persons.
However, this does not necessarily mean that all laws which tend to classify are unconstitutional. Not all violates the equal protection clause.

Question 28

What are the requirements to a valid classification?

Answer 28

1. It must rest on a substantial distinction.
2. It must be germane to the purpose of the law. It should be relevant to the purpose of the law.
3. It must not be limited to existing conditions only. It must apply indefinitely, as long as the problem sought to be corrected continues to exist.
4. It must apply equally to all members of the class.

Question 29

One person challenged the law requiring people to undergo subsidiary imprisonment for failure to
pay the fine or bond on the ground that it prejudicially classifies the people according to property
(economic status).

Answer 29

The equal protection clause does not compel the eradication of every disadvantage caused by
indigents. Therefore, classification based on economic status can be a valid substantial distinction in a
way. This is another way of looking at the problem as presented also by UP, although some people do
not accept this kind of argument.

Question 30

DECS issued a circular prohibiting or disqualifying anyone who fails for the fourth time in the National
Entrance Examination in the College of Dentistry. Does the circular deprive a flunker for the fourth time
his right to education?

Answer 30

This concerns substantive due process. There is a lawful subject which is to serve public interest.
There is a lawful means. There is rational relevance to the subject. It does not unduly burden other
people’s rights.

Question 31

No 18: An ordinance of the City of Manila requires every alien desiring to obtain employment of whatever kind, including casual and part-time employment, in the city to secure an employment permit from the City Mayor and to pay a work permit fee of P500. Is the ordinance valid?

Answer 31

No, the ordinance is not valid. In Villegas vs. Hiu Chiong Tsai Pao Ho, 86 SCRA 270, it was held that such an ordinance violates equal protection. It failed to consider the valid substantial differences among the aliens required to pay the fee. The same among it being collected from every employed alien, whether he is casual or permanent, part-time or full-time. The ordinance also violates due process, because it does not contain any standard to guide the mayor in the exercise of the power granted to him by the ordinance. Thus, it confers upon him unrestricted power to allow or prevent an activity which is lawful per se.

Question 32

No. VI: Marina Neptunia, daughter of a sea captain and sister to four marine officers decided as a child to follow in her father’s footsteps. In her growing up years she was as much at home on board a boat as she was in the family home by the sea. In time she earned a Bachelor of Science degree in Marine Transportation, major in Navigation and Seamanship. She served her apprenticeship for a year in a merchant marine vessel registered for foreign trade and another year on a merchant marine vessel registered for coastwise trade. But to become a full-fledged marine officer she had to pass the appropriate board examinations before she could get her professional license and registration. She applied in January 1986 to take examination for marine officers but her application was rejected for the reason that the law Regulating the Practice of Marine Profession in the Philippines (Pres. Dec. No. 97 (1973) ) specifically prescribes that “No person shall be qualified for examination as marine officer unless he is:
Marina feels very aggrieved over the denial and has come to you for advice. She wants to know: (1) Whether the Board of Examiners had any
plausible or legal basis for rejecting her
application in 1986. Explain briefly.
(2) Whether the 1987 Constitution guarantees
her the right to admission to take the
coming January 1988 marine officers
examinations. Explain and cite relevant
provisions.

Answer 32

a) The disqualification of females from the practice of marine profession constitutes as invidious discrimination condemned by the Equal Protection Clause of that Constitution (Art. IV, Sec. 1) In the United States, under a similar provision, while earlier decisions of the Supreme Court upheld the validity of a statute prohibiting women from bartending unless she was the wife or daughter of a male owner (Goesart v. Cleary, 335 U.S. 464 (1948) and denying to women the right to practice law (Bradwell v. State, 83 U.S. (16 Wall) 130 (1873), recent decisions have invalidated statutes or regulations providing for differential treatment of females based on nothing stereotypical and inaccurate generalizations. The Court held that “classification based on sex, like classifications based upon race, alienage, or national origin, are inherently suspect, and must therefore be subjected to strict judicial scrutiny.” Accordingly, the Court invalidated a statute permitting a male serviceman to claim his spouse as a dependent to obtain increased quarter allowance, regardless of whether the wife is actually dependent on him, while denying the same right to a servicewoman unless her husband was in fact dependent on her for over one half of his support. (Frontierro v Richardson, 411 U.S. 687 (1973); Accord Craig, v. Boren, 429 U.S. 190 (1976) (providing for sale of beer to males under 21 and to females under 18); Reed v. Reed. 404 U.S. 71 (1971) (preference given to men over women for appointment as administrators of estates invalid).
(b) In addition to the Equal Protection Clause, the 1987 Constitution now requires the State to “ensure the fundamental equality before the law of women and men” (Art II, Sec. 14) and to provide them with “such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.” (Art. XIII, Sec. 14). These provisions put in serious doubt the validity of PD 97 limiting the practice of marine profession to males.
!

Question 33

No. 10: “X”, a son of a rich family, applied for enrolment with the San Carlos Seminary in Mandaluyong, Metro Manila. Because he had been previously expelled from another seminary for scholastic deficiency, the Rector of San Carlos Seminary denied the application without giving any grounds for the denial. After “X” was refused admission, the Rector admitted another applicant, who is the son of a poor farmer who was also academically deficient. (a) Prepare a short argument citing rules, laws, or constitutional provisions in support of “X’s” motion for reconsideration of the denial of his application.

Answer 33

The refusal of the seminary to admit “X” constitutes invidious discrimination, violative of the Equal Protection Clause (Art. III, Sec. 1) of the Constitution. The fact, that the other applicant is the son of a poor farmer does not make the discrimination any less invidious since the other applicant is also academically deficient. The reverse discrimination practiced by the seminary cannot be justified because unlike the race problem in America, poverty is not a condition of inferiority needing redress.

Question 34

No IV. Undaunted by his three failures in the National Medical Admission Test (NMAT), Cruz applied to take it again but he was refused because of an order of the Department of Education, Culture and Sports (DECS) disallowing flunkers from taking the test a fourth time. Cruz filed suit assailing this rule raising the constitutional grounds of accessible quality education, academic freedom and equal protection. The government opposes this, upholding the constitutionality of the rule on the ground of exercise of police power. Decide the case discussing the grounds raised

Answer 34

‘As held in Department of Education, Culture and Sports v. San Diego,180 SCRA 533 (1989), the rule is a valid exercise of police power to ensure that those admitted to the medical profession are qualified. The arguments of Cruz are not meritorious. The right to quality education and academic freedom are not absolute. Under Section 5(3), Article XIV of the Constitution, the right to choose a profession is subject to fair, reasonable and equitable admission and academic requirements. The rule does not violate equal protection. There is a substantial distinction between medical students and other students. Unlike other professions, the medical profession directly affects the lives of the people.

Question 35

C No. 12; The Department of Education, Culture and Sports Issued a circular disqualifying anyone who fails for the fourth time in the National Entrance Tests from admission to a College of Dentistry. X who was thus disqualified, questions the constitutionality of the circular.
1) Did the circular deprive her of her
constitutional right to education?
2) Did the circular violate the equal protection
clause of the Constitution?

Answer 35

1) No, because it is a permissive limitation to right to education, as it is intended to ensure that only those who are qualified to be dentists are admitted for enrollment….
2) No, the circular did not violate the equal protection clause of the Constitution. There is a substantial distinction between dentistry students and other students. The dental profession directly affects the lives and health of people. Other professions do not involve the same delicate responsibility and need not be similarly treated. This is in accordance with the ruling in Department of Education, Culture and Sports vs. San Diego, 180 SCRA 533.

Question 36

No. 4: “X” was sentenced to a penalty of 1 year and 5 months of prision correctional and to pay a fine of P8,000.00, with subsidiary imprisonment in case of solvency. After serving his prison term, “X” asked the Director of Prisons whether he could already be released. “X” was asked to pay the fine of P5,000.00 and he said he could not afford it, being an indigent. The Director informed him he has to serve an additional prison term at the rate of one day per eight pesos in accordance with Article 39 of the Revised Penal Code, The lawyer of “X” filed a petition for habeas corpus contending that the further incarceration of his client for unpaid fines violates the equal protection clause of the Constitution. Decide.

Answer 36

On the other hand, in United States ex rel. Privitera vs. Kross, 239 F Supp 118, it was held that the imposition of subsidiary imprisonment for inability to pay a fine does not violate equal protection, because the punishment should be tailored to fit the individual, and equal protection does not compel the eradication of every disadvantage caused by indigence. The decision was affirmed by the United States Circuit Court of Appeals in 345 F2d 533, and the United States Supreme Court denied the petition for certiorari in 382 U.S. 911. This ruling was adopted by the Illinois Supreme Court in People vs. Williams, 31 ALR3d 920.

Question 37

9-b) The City of San Rafael passed an ordinance authorizing the City Mayor, assisted by the police, to remove all advertising signs displayed or exposed to public view in the main city street, for being offensive to sight or otherwise a nuisance. AM, whose advertising agency owns and rents out many of the billboards ordered removed by the City Mayor, claims that the City should pay for the destroyed billboards at their current market value since the City has appropriated them for the public purpose of city beautification. The Mayor refuses to pay, so AM is suing the City and the Mayor for damages arising from the taking of his property without due process nor just compensati

Answer 37

The suit of AM will not prosper. The removal of the billboards is not an exercise of the power of eminent domain but of police power (Churchill v. Rafferty, 32 Phil. 580 [19150- The abatement of a nuisance in the exercise of police power does not constitute taking of property and does not entitle the owner of the property involved to compensation. (Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, 175 SCRA 343 [1989]).

Question 38

No. 1: Congress passes a law prohibiting television stations from airing any commercial advertisement which promotes tobacco or in any way glamorizes the consumption of tobacco products. This legislation was passed in response to findings by the Department of Health about the alarming rise in lung diseases in the country. The World Health Organization has also reported that U.S. tobacco companies have- shifted marketing efforts to the Third World due to dwindling sales in the health-conscious American market, Cowboy Levy’s, a Jeans company, recently released an advertisement featuring model Richard Burgos wearing Levy’s jackets and jeans and holding a pack of Marlboro cigarettes.
The Asian Broadcasting Network (ABN), a privately owned television station, refuses to air the advertisement in compliance with the law. Decide the constitutionality of the law in question.

Answer 38

The law is constitutional. It is a valid exercise of police power, because smoking is harmful to health. In Posadas de Puerto Rico Associates vs. Tourism Company of Puerto Rico, 478 U.S. 328, it was ruled that a law prohibiting certain types of advertisements is valid if it was adopted in the interest of the health, safety, and welfare of the people. In Capital Broadcasting Company us. Mitchell 333 F Supp 582, a law making it unlawful to advertise cigarettes on any medium of electronic communication was upheld. The United States Supreme Court summarily sustained this ruling in Capita! Broadcasting Company us, Acting Attorney General 405 U.S. 1000. The law in question was enacted on the basis of the legislative finding that there is a need to protect public health, because smoking causes lung diseases. Cowboy Levy’s has not overthrown this finding.

Question 39

No. 12: Pedro bought a parcel of land from Smart Corporation, a realty firm engaged in developing and selling lots to the public. One of the restrictions in the deed of sale which was annotated in the title is that the lot shall be used by the buyer exclusively for residential purposes. A main highway having been constructed across the subdivision, the area became commercial in nature. The municipality later passed a zoning ordinance declaring the area as a commercial bank building on his lot. Smart Corporation went to court to stop the construction as violative of the building restrictions imposed by it. The corporation contends that the zoning ordinance cannot nullify the contractual obligation assumed by the buyer. Decide the case.

Answer 39

The case must be dismissed. As held in Ortigas and Company, Limited Partnership vs. FEATIi Bank and Trust Company, 94 SCRA 533, such a restriction in the contract cannot prevail over the zoning ordinance, because the of the ordinance is a valid exercise of police power. It is hazardous to health and comfort to use the lot for residential purposes, since a highway crosses the subdivision and the area has become commercial.

Question 40

No XVIII In the deeds of sale to, and in the land titles of homeowners of a residential subdivision in Pasig City, there are restrictions annotated therein to the effect that only residential houses or structures may be built or constructed on the lots. However, the City Council of Pasig enacted an ordinance amending the existing zoning ordinance by changing the zone classification in that place from purely residential to commercial.
“A”, a lot owner, sold his lot to a banking firm and the latter started constructing a commercial building on the lot to house a bank inside the subdivision. The subdivision owner and the homeowners’ association filed a case in court to stop the construction of the building for banking business purposes and to respect the restrictions embodied in the deed of sale by the subdivision developer to the lot owners, as well as the annotation in the titles.
If you were the Judge, how would you resolve the case? (5%)

Answer 40

If I were the judge, I would dismiss the case. As held ‘ in Ortigas and Company Limited Partnership vs. FEATI Bank and Trust Company. 94 SCRA 633 (1979), the zoning ordinance is a valid exercise of police power and prevails over the contractual stipulation restricting the use of the lot to residential purposes.