CONSTITUTIONAL RIGHTS

Art. III, 1987 Constitution A. Nature of Provisions B. Against whom enforceable People vs Domasian

&

PRIVILEGES

As for the allegation that the seizure of the documents used for comparison with the ransom note was made without a search warrant, it suffices to say that such documents were taken by Agra himself and not by the NBI agents or other police authorities. We held in the case of People vs. Andre Marti, 20 that the Bill of Rights cannot be invoked against acts of private individuals, being directed only against the government and its law-enforcement agencies and limitation on official action.

DUE

PROCESS

OF

LAW

A. In General
US vs Ling Su Fan

"Due process of law" is process or proceedings according to the law of the land. "Due process of law" is not that the law shall be according to the wishes of all the inhabitants of the state, but simply

First. That there shall be a law (authority) prescribed in harmony with the general powers of the legislative department of the Government; Second. That this law shall be reasonable in its operation; Third. That it shall be enforced according to the regular methods of procedure prescribed; and Fourth. That it shall be applicable alike to all the citizens of the state or to all of a class. When a person is deprived of his life or liberty or property, therefore, under a law prescribed by the proper lawmaking body of the state and such law is within the power of said department to make and is reasonable, and is then enforced according to the regular methods of procedure prescribed, and is applicable alike to all the citizens or to all citizens of a particular class within the state, such person is not deprived of his property or of his life, or of his liberty without due process of law. When life, liberty, and property are in question there must be in every instance judicial proceedings, and that the requirement implies a written accusation and hearing before an impartial tribunal with proper jurisdiction, an opportunity to defend and a conviction and a judgment before punishment can be inflicted, depriving one of his life, liberty or property. (Story on the Constitution, 5th ed., secs. 1943-1946; Principles of Constitutional Law, Cooley, 434).

B. Procedural Aspect

B.1. Judicial Proceedings

Lorenzana vs Cayetano

It cannot be said that the constitutional requirements of due process were sufficiently complied with because the respondent had been duly heard. Indeed, respondent was heard but simply hearing her did not fulfill the basic conditions of procedural due process in courts. When respondent appeared before the court to protect and preserve her property, the Court had not lawfully acquired jurisdiction over the property of the respondent because the premises of the respondent was not included in the ejectment cases and the judgment in said cases could not affect her property, much less demolish the same. In the leading case of El Banco-Espa;ol-Filipino v. Palanca 3 cited in Macabingkil v. Yatco, et al., 4 We laid down the court's constitutional requirements of due process, thus As applied to judicial proceedings. . . it may be laid down with certainty that the requirements of due process is satisfied if the following conditions are present namely: (1) There must be a court or tribunal clothed with judicial power to hear and determine the matter before it JURISDICTION; (2) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings NOTICE & HEARING: (3) the defendant must be given an opportunity to be heard NEUTRALITY OF AN IMPARTIAL JUDGE; and (4) judgment must be rendered upon lawful hearing.

B.2. Administrative Proceedings B.3. Academic Due Process C. Substantive Aspect

Ynot vs Intermediate Appellate Court

Petitioner: The thrust of his petition is that the executive order is unconstitutional insofar as it authorizes outright confiscation of the carabao or carabeef being transported across provincial boundaries. His claim is 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. There is also a challenge to the improper exercise of the legislative power by the former President under Amendment No. 6 of the 1973 Constitution.

D. Scope of Guaranty; persons protected

Serrano vs NLRC Lack of Notice Only Makes Termination Ineffectual

Not all notice requirements are requirements of due process. Some are simply part of a procedure to be followed before a right granted to a party can be exercised.

Others are simply an application of the Justinian precept, embodied in the Civil Code,33 to act with justice, give everyone his due, and observe honesty and good faith toward one's fellowmen. Such is the notice requirement in Arts. 282-283. The consequence of the failure either of the employer or the employee to live up to this precept is to make him liable in damages, not to render his act (dismissal or resignation, as the case may be) void. The measure of damages is the amount of wages the employee should have received were it not for the termination of his employment without prior notice. If warranted, nominal and moral damages may also be awarded. We hold, therefore, that, with respect to Art. 283 of the Labor Code, the employer's failure to comply with the notice requirement does not constitute a denial of due process but a mere failure to observe a procedure for the termination of employment which makes the termination of employment merely ineffectual. Indeed, under the Labor Code, only the absence of a just cause for the termination of employment can make the dismissal of an employee illegal. This is clear from Art. 279 which provides: Security of Tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissedfrom work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.37

Lao Gi vs Court of Appeals

Hence, the charge against an alien must specify the acts or omissions complained of which must be stated in ordinary and concise language to enable a person of common understanding to know on what ground he is intended to be deported and enable the CID to pronounce a proper judgment.

EQUAL PROTECTION OF LAWS A. Guaranty of equal protection, Generally

Phil. Judges Assoc. vs Prado The equal protection of the laws is embraced in the concept of due process, as every unfair discrimination offends the requirements of justice and fair play. It has nonetheless been embodied in a separate clause in Article III Sec. 1., of the Constitution to provide for a more, specific guaranty against any form of undue favoritism or hostility from the government. Arbitrariness in general may be challenged on the basis of the due process clause. But if the particular act assailed partakes of an unwarranted partiality or prejudice, the sharper weapon to cut it down is the equal protection clause. equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed (definition)

B. Classification

People vs Cayat

It is an established principle of constitutional law that the guaranty of the equal protection of the laws is not equal protection of the laws is not violated by a legislation based on reasonable classification. And the classification, to be reasonable, (1) must rest on substantial distinctions; (2) must be germane (relevant/connected) to the purposes of the law; (3) must not be limited to existing conditions only; and (4) must apply equally to all members of the same class.