White light Standing or locus standi -is the ability of a party to demonstrate to the court sufficient connection to an harm

from the law or action challenged to support that party's participation in the case. It is buit on th doctrine of separation of powers. Exception to standing 1. third party standing 2. overbreadth doctrine 3. taxpayer suits 4. transcendental importance Third party standing criteria: 1. litigant must have suffered an injury in fact 2. litigant must have close relation to the third party 3. there must exist some hindrance to the third party's ability to protect his or her own interest. Overbreadth doctrine generally applied to statutes infringing on the freedom of speech, it applies when a statue needlessly restrains even constitutionally guaranteed rights. Requirements for validity of ordinance 1. must not contravene the consti or any statute 2. must not be unfair or oppressive 3. must not be partial or disciminatory 4. must not prohibit but may regulate trade 5. must be general and consistent with public policy 6. must not be unreasonable Purpose of due process is to prevent arbitrary governmental enroachment against the life, liberty, and prop of individuals. It serves as a protection against arbitrary rgulation or seizure. Procedural and substantive due process substantive does the govt have sufficient justicfication for depriving a person of life liberty or prop? Test on valiity of ordinance on substantive due process 1. strict scrutiny presence of compelling rather than substantial govt interest and on the absence of less restrictive measures. - stndard for det. The quality and the amount of govt interest vrought to justify the regulation of fundamental freedoms. 2. rational basis standard used for equal protection challenges immediate scrutiny *reasonably necessary It must appear that the interest of the public generally as distinguished Dumlao Constitutional guarantee of equal protection of the laws is subject to rational classification. Groupings must be based on reasonable and real differentiations and substantial distinctions. Bawal ang classification which is arbitrary and unreasonable. Ormoc sugar Reasonable classification requisites 1. It is based on substantial distinctions which make real differences

2. these are germane to the purpose of the law. 3. The classification applies not only to present conditions but also to future conditions which are substantially identical to those of the present. 4. The classification applies only to those who belong to the same class. Cayat: Classification Requisites 1. must rest on substantial distinctions 2. must be germane to the purpose of the law 3. must not be limited to existing conditions only 4. must apply equally to all members of the same class. Agabon vs nlrc Standards of due process: requirements of notice. In all cases of termination of employment, the following standards of due process shall be substantially observed: I. For termination of employment based on just causes as defined in Article 282 of the Code: (a) A written notice served on the employee specifying the ground or grounds for termination, and giving to said employee reasonable opportunity within which to explain his side; (b) A hearing or conference during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence presented against him; and (c) A written notice of termination served on the employee indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. To be sure, the Due Process Clause in Article III, Section 1 of the Constitution embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our entire history. Due process is that which comports with the deepest notions of what is fair and right and just. 26 It is a constitutional restraint on the legislative as well as on the executive and judicial powers of the government provided by the Bill of Rights. Due process under the Labor Code, like Constitutional due process, has two aspects: substantive, i.e., the valid and authorized causes of employment termination under the Labor Code; and procedural, i.e., the manner of dismissal. Procedural due process requirements for dismissal are found in the Implementing Rules of P.D. 442, as amended, otherwise known as the Labor Code of the Philippines in Book VI, Rule I, Sec. 2, as amended by Department Order Nos. 9 and 10.27 Breaches of these due process requirements violate the Labor Code. Therefore statutory due process should be differentiated from failure to comply

with constitutional due process. Constitutional due process protects the individual from the government and assures him of his rights in criminal, civil or administrative proceedings; while statutory due process found in the Labor Code and Implementing Rules protects employees from being unjustly terminated without just cause after notice and hearing. Where the dismissal is for a just cause, as in the instant case, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. However, the employer should indemnify the employee for the violation of his statutory rights, as ruled in Reta v. National Labor Relations Commission.36 The indemnity to be imposed should be stiffer to discourage the abhorrent practice of "dismiss now, pay later," which we sought to deter in the Serrano ruling. The sanction should be in the nature of indemnification or penalty and should depend on the facts of each case, taking into special consideration the gravity of the due process violation of the employer.

Ichong vs Hernandez
Limitations on police power. The basic limitations of due process and equal protection are found in the following provisions of our Constitution: SECTION 1.(1) No person shall be deprived of life, liberty or property without due process of law, nor any person be denied the equal protection of the laws. (Article III, Phil. Constitution) These constitutional guarantees which embody the essence of individual liberty and freedom in democracies, are not limited to citizens alone but are admittedly universal in their application, without regard to any differences of race, of color, or of nationality. (Yick Wo vs. Hopkins, 30, L. ed. 220, 226.) The, equal protection clause. The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. It is not intended to prohibit legislation, which is limited either in the object to which it is directed or by territory within which is to operate. It does not demand absolute equality among residents; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. The equal protection clause is not infringed by legislation which applies only to those persons falling within a specified class, if it applies alike to all persons within such class, and reasonable grounds exists for making a distinction between those who fall within such class and those who do

not. (2 Cooley, Constitutional Limitations, 824-825.) The due process clause. The due process clause has to do with the reasonableness of legislation enacted in pursuance of the police power. Is there public interest, a public purpose; is public welfare involved? Is the Act reasonably necessary for the accomplishment of the legislature's purpose; is it not unreasonable, arbitrary or oppressive? Is there sufficient foundation or reason in connection with the matter involved; or has there not been a capricious use of the legislative power? Can the aims conceived be achieved by the means used, or is it not merely an unjustified interference with private interest? These are the questions that we ask when the due process test is applied. The conflict, therefore, between police power and the guarantees of due process and equal protection of the laws is more apparent than real. Properly related, the power and the guarantees are supposed to coexist. The balancing is the essence or, shall it be said, the indispensable means for the attainment of legitimate aspirations of any democratic society. There can be no absolute power, whoever exercise it, for that would be tyranny. Yet there can neither be absolute liberty, for that would mean license and anarchy. So the State can deprive persons of life, liberty and property, provided there is due process of law; and persons may be classified into classes and groups, provided everyone is given the equal protection of the law. The test or standard, as always, is reason. The police power legislation must be firmly grounded on public interest and welfare, and a reasonable relation must exist between purposes and means. And if distinction and classification has been made, there must be a reasonable basis for said distinction. Ang tibay vs Court of :Industrial relations: Rights in judicial proceedings. 1. right to hearing 2. tribunal must consider eveidence presented 3. there must be substantial evidence to support finding or conclusion 4. decision must be rendered on evidence presented