DUE PROCESS NOTES
Article III Sec, 1 of the 1987 Constitution
No person shall be deprived of life, liberty or property
without due process of law.
Due Process – responsiveness to the
supremacy of reason, obedience to the
dictates of justice.
Any government act that militates
against the ordinary norms of justice or fair
play is considered an infraction the great
guaranty of due process.
Deprivation – to take away forcibly, to
prevent from possessing, enjoying something.
Life – (Imbong v. Ochoa) commences upon
“conception that is, upon fertilization.” Hence,
the obligation upon the State to “equally
protect the life of the mother and life of the
unborn from conception” and “to prevent the
Legislature from enacting a measure legalizing
abortion.”
Liberty – 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. One’s own liberty must be enjoyed
consistently with the enjoyment of a like liberty
by others. “salus populi est suprema lex”
- Includes the right of the citizen to be
free to use his faculties in a lawfull
ways; to live and work where he will, to
earn his livelihood, to pursue any
avocation.
- Enter any contracts which may be
proper, right to labor, right of
locomotion.
- In short, do anything that does not
offend the public welfare.
Property – anything that can come under the
right of ownership and be the subject of
contract.
Vested rights - a consequence of the
constitutional guaranty of due proves that
expresses a present fixed interest which in right
reason and natural justice is protected against
arbitrary state action; it includes not only legal
or equitable title to the enforcement of a
demand but also exemptions from new
obligations created after the right has become
vested.
Substantive Due Process - It requires the
intrinsic validity of the law in interfering with
the rights of the person to his life, liberty, or
property. If a law is invoked to take away one’s
life, liberty or property, the more specific
concern of substantive due process is not to
find out whether said law is being enforced in
accordance with procedural formalities but
whether the said law is a proper exercise of
legislative power.
Procedural Due Process – ‘which hears
before it condemns, which proceeds upon
inquiry and renders judgment only after trial.
- The twin requirements of notice and
hearing constitute the essential
elements of due process and neither of
these elements can be eliminated
without running afoul of the
constitutional guaranty.
- Refers to the regular methods of
procedure to be observed before one’s
life, liberty or property can be taken
away from him. Simply stated, it means
that the procedure to be observed must
be fair. It is a guarantee to obtain a fair
trial in a court of justice according to
the mode of proceeding applicable to
each case. This includes not only courts
of justice but also any and all
administrative boards, bodies or
tribunals.
 DUE PROCESS NOTES

Due process in judicial proceedings

Whether in civil or criminal judicial
proceedings, due process requires that there
be:
1.) An impartial and disinterested court
clothed by law with authority to hear
and determine the matter before it;

NOTE: The test of impartiality is whether

the judge’s intervention tends to prevent the
proper presentation of the case or the
ascertainment of the truth.

2.) Jurisdiction lawfully acquired over the

defendant or the property which is the
subject matter of the proceeding;
3.) Notice and opportunity to be heard be
given to the defendant; and
4.) Judgment to be rendered after lawful
hearing, clearly explained as to the
factual and legal bases (Art. VII, 1987
Constitution, Sec. 14).

Cardinal requirements of due process in

administrative proceedings (1994 Bar)

1. 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 be supported by
evidence;
4. Such 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 own
independent consideration of the law
and facts of the controversy in
arriving at a decision;
7. The board or body should render
decision in such a manner that parties
can know the various issues involved
and the reasons for the decision
rendered