Aspects of Due Process

a. Substantive. This serves as a restriction on governments law-and rulemaking powers.

Requisites are:
1. The interests of the public, in general, as distinguished from
particular class, require the intervention of

thos of a
the State.

2. the means employed are reasonably necessary for the

accomplishment of the
purpose, and not unduly oppressive on
individuals.
b. Procedural. This serves as a restriction on actions of judicial and quasijudicial agencies of
government.
Requisites are:
hear and
defendant and
of the proceeding.

1. An impartial court or tribunal clothed with judicial power to

determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the
over the property which is the subject matter
3. The defendant must be given an opportunity to be heard.
4. Judgment must be rendered upon lawful hearing.

Administrative due process. In Ang Tibay v. CIR, 69 Phil 635, the Court enumerated the
requisites of administrative due process, as follows: (a) The right to a hearing, which includes
the right to present ones case and submit evidence in support thereof; (b) The tribunal must
consider the evidence presented; (c) The decision must have something to support itself; (d) The
evidence must be substantial; (e) The decision must be rendered on the evidence presented at
the hearing, or at least contained in the record and disclosed to the parties; (f) The tribunal or
any of its judges must act on its or his own independent consideration of the facts and the law
of the controversy, and not simply accept the views of a subordinate in arriving at a decision;
and (g) The board or body should, in all controversial questions, render its decision in such a
manner that the parties to the proceeding will know the various issues involved, and the
reasons for the decision.