Chapter 8 Due Process of Law

- Traceable to Magna Carta

- Daniel Webster Dartmouth college case- ‘THE GENERAL LAW, A LAW WHICH
HEARS BEFORE IT CONDEMS, WHICH PROCEEDS UPON INQUIRY AND
RENDERS JUDGEMENT ONLY AFTER TRIAL.” – Procedure laid down by law,
regardless of intrinsic validity.

- In the US, due process thus assumed another facet, the substantive, as a limitation on the
legislature.

- The safeguard as expanded by the due process guaranteed by our constitution has a dual
aspect: substantive and procedural.

Meaning of Due Process

“No person shall be deprived of life, liberty or property without due process of law.”
- Ideally the provision should be precise and definite so as to leave no room for ambiguity.
In the case of due process, no attempt was made to spell out its meaning. The reason was
that a precise definition might prove constricting and prevent the judiciary from adjusting
it to the circumstances of a particular case and to the ever changing conditions of society.

- Due process therefore continues to be dynamic and resilient, adaptable to every situation
calling for its application. It enlarges the right of the individual. Knowing this courts have
also hesitated to provide their own specification, preferring instead to have the meaning
of the phrase “gradually ascertained by the process of inclusion and exclusion in the
course of the case as they arise.”

- Justice Fernando “responsiveness to the supremacy of reason, obedience to the dictates of

justice.

- More flexible definition Justice frankfurter, nothing more, nothing less than “the
embodiment of the sporting idea of fair play.’

- Due process is a guaranty against arbitrariness on the part of the government, whether
committed by the legislature, the executive or the judiciary. If the law itself unreasonably
deprives a person of his life or liberty or property, he is denied the protection of due
process.

- If the enjoyment of his rights is conditioned on an unreasonable requirement, due process

is violated.

- Whatever the source of such right, its unjustified withholding would also be a violation of
due process.
 - Any government act that militates against the ordinary norms of justice or fair play is
considered an infraction of the guaranty. Whether the denial involves violation merely of
the procedure prescribed or affects the very validity of the law itself.

Person

- The clause protects ALL persons, natural or artificial.

- Natural includes citizens and aliens.

- Artificial persons- corporations and partnerships but the protection covers only property.
Reason- the life and liberty of the artificial person, as created by law are derived from
and therefore subject to the control of legislature.

Villegas v Hui Chong- city ordinance requiring aliens to obtain work permit as a
precondition for employment was annulled- state is not obliged to admit aliens but once
admitted he cannot be deprived of life w/o due process. This guarantee includes the
means of livelihood.

Deprivation

- To deprive is to take away forcibly, to prevent from possessing, enjoying or using

something.

- As applied to clause, deprivation connotes denial of the right.

- Deprivation per se is not necessarily unconstitutional. What is prohibited is deprivation of

life, liberty or property WITHOUT due process of law.

- See examples on page 102

Life

- Connotes the integrity of the physical person.

- Meaning is that it is not permissible for the government to deprive the individual of any
part of his body, and this is true even if it be as punishment for a crime.

- Any measure that would even only endanger his health or subject him to unnecessary pin
or to unreasonable physical exertion would also be subject to challenge.

- The term according to the SC should not be dwarfed into mere animal existence. The
word should embrace the enjoyment by the individual of all the God-given faculties that
can make his life worth living.
 - Included in the guaranty would be his right to give full rein to all is natural attributes, to
expand the horizons of his mind, to widen the reach of his capabilities, to enhance those
moral and spiritual values that can make his life more meaningful and rewarding.

Liberty

- Mabini- liberty is the freedom to do right and never wrong.

- It is liberty regulated by law. A person is free to act but he may exercise his rights only in
such manner as not to injure the rights of others.

- The individual as a creature of society should be prepared to surrender part of his

freedom for the benefit of the greater number in recognition of the time honored principle
of “salus popului est supreme lex.”

- Subject only to reasonable restrictions of the law, a person is free to do as he pleases.

- Do anything that does not offend the public welfare.

Property

- Anything that can come under the right of ownership and be subject of contract.

- Includes all things- real, personal, tangible and intangible- that are within the commerce
of man. (goodwill, future earnings, mortgages, insurance proceeds)

- One cannot have a vested right to a public office, as this is not regarded as property. If
created by statute, it may be abolished by the legislature at any time even if the term of
the incumbent therein has not yet expired.

- Salary may be reduced or completely withdrawn w/o violation of due process although
this will cause prejudice to the office holder. The only exception is where the salary has
already been earned, cannot be reduced or withdrawn by a retroactive law as the salary
has already accrued as a property right.
 - Mere privilege such as license to operate cockpit or liquor license are not property rights,
revocable at will.

- One does not have a vested right in the continued operation of a law, which may be
repealed or amended at will by the legislature or in the maintenance of a judicial doctrine,
which may be modified or reversed. Such changes may be validly made regardless of
adverse consequences upon any person who may have previously acted thereunder.

Substantive Due Process

- requires the intrinsic validity of the law in interfering with the rights of the person to his
life, liberty and property. The inquiry is not whether or not the law is being enforced in
accordance with the prescribed manner but WON, to begin with, it is proper exercise of
legislative power.

- To be so, the law must have a valid governmental objective. (The interest of the public
generally as distinguished from those of a particular class, require the intervention of the
state. Furthermore, must be pursued in a lawful manner, the means employed must be
reasonably related to the accomplishment of the purpose and not duly oppressive.

- The difference between Kwong Sing ( req all to issue receipts in English or Spanish-
sustained) and Yu Cong (invalidated a law that provided that it shall be unlawful to keep
books in any other language other than English, Spanish and local dialect) is that the
former merely required the use of a certain language w/o prohibiting the use of others,
whereas in the latter the law prohibited the use of any language other than those
prescribed.

Procedural Due Process

- Daniel Webster- “one which hears, before it condemns, which proceeds upon inquiry and
renders judgment only after trial.”

- The twin requirement of NOTICE and HEARING constitute the essential elements of due
process and neither of these elements can be eliminated w/o running afoul of the
constitutional guaranty.

(1) Judicial Due Process

Requirements of procedural due process in judicial proceedings:

 1. There must be an impartial court clothed w/ 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, 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.

A. Impartial and Competent Court

- Every litigant is entitled to the cold neutrality of an impartial judge.

- Ynot Case- indispensable that 2 sides must be heard. Judgment must be based on the
totality.

- Javier v Comelec- to bolster the requirement the judge must be impartial. Due process is
intended to insure that confidence by requiring compliance with fair play. Fair play calls
for equal justice. The judge must reach his conclusion only after all the evidence is in and
all the argument are filed, on the basis of the established facts and the pertinent law.

- Disqualification of judges is provided for in Rule 137 of the rules of court.

SECTION 1. Disqualification of judges.—No judge or judicial officer shall sit in any case in which he, or his wife or child, is
pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has
been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or
decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other
than those mentioned above.

- Competent court is meant one vested with jurisdiction over a case as conferred upon it by
law.
- RTC – murder/ MTC- municipal ordinance/ SC- commission on audit/ ordinary appeals
involving questions of facts- CA.

B. Jurisdiction

-Actions in personam- (recovery of loan) jurisdiction over the defendant is acquired by

his voluntary appearance or through service of the summons upon him. This may be
effected personally or by substituted service or in exceptional cases, by publication.

- Actions in rem or quasi in rem- ( land reg/ foreclosure) jurisdiction of the court is
derived from the power it may exercise over the property. Jurisdiction over the person is
not essential, provided the relief granted by the court is limited to such as can be enforced
against the property itself. Notice of publication is sufficient.
 - Reason: property is always presumed to be in the possession of the owner of his agent,
who may be safely held under certain conditions to know that proceedings have been
instituted against it.

C. Hearing

- notice to a party is essential to enable it to adduce its own evidence and to meet and refute
the evidence submitted by the other party. Every litigant is entitled to his day in court. He
has a right to be notified of every incident of the proceeding and to be present at every
stage thereof so that he may be heard by himself and counsel for the protection of his
interest.

- A decision rendered w/o a hearing is null and void ab initio and mat be attacked
collaterally.
- A denial of due process suffices to cast on the official act taken by whatever branch of
the government the impress f nullity.
- Due process is not violated where a person is not heard because he has chosen for
whatever reason not to be heard. If he opts to be silent where he has a right to speak, he
cannot later be heard to complain that he was unduly silenced.
- Due process as a constitutional precept does not always and in all situations, require a
trial type proceedings. The essence of due process is to be found in the reasonable
opportunity to be heard and to submit any evidence one may have in support of one’s
defense. To be heard does not only mean verbal argument in court. One may be heard
also through pleadings. Where the opportunity to be heard, either through oral arguments
or pleadings is accorded there is no denial of procedural due process.

1. Appeal

- The right to appeal is not essential to the right to a hearing except when guaranteed by the
constitution, appeal may be allowed or denied by the legislature in its discretion. The
requirement of due process are deemed satisfied as long as the litigant is given his day in
court at the trial of his case and he cannot demand as a matter of right another day in the
appellate court.
- As long as the law allows him to appeal, denial of that remedy is a denial of due process.
The legislature itself cannot deprive him of the right to appeal in cases coming under the
minimum appellate jurisdiction of the SC as specified in Art 8, sec 5 (2) of the
constitution
.
(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.

2. Exceptions

- Requisites of notice and hearing may be omitted w/o violation of due process.
- Cancellation of passport of person sought for a commission of a crime, preventive
suspension of civil servant facing administrative charges, distraint of property for tax
delinquency, padlocking of restaurant found insanitary or theaters showing obscene
movies and abatement of nuisance per se.

a. Nuisance

- A nuisance per se is objectionable under any and all circumstance because it present an
immediate danger to the welfare of the community. May be abated summarily, that is w/o
the necessity of judicial authorization.
- A nuisance per accidens is objectionable only under some but not all circumstances,
there being situations when it is perfectly legitimate and acceptable. “the right thing in
the wrong place.” He rule is that it may be abated only upon judicial authorization as it is
difficult to ascertain or identify this kind of nuisance.
- The exception Lawton v Steele is where the legislature has authorized its summary
abatement provided the nuisance per accidens is of trifling value only.

b. Presumption

D. Judgment

- To ensure against arbitrariness, due process requires that the judgment be based upon the
lawful hearing previously conducted.
- Art 8, sec 14- No decision shall be rendered by any court w/o expressing therein clearly and
distinctly the facts and the law on which it is based.

(2) Administrative Due Process

Requisites of procedural due process in administrative proceedings:

1. The right to a hearing, which includes the right to present one’s case and submit evidence
in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. The evidence must be substantial.
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 body 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 board or body should, in all controversial questions, render its decision in such a
manner that the parties to the preceding can know the various issues involved and the
reason for the decision rendered.