RIGHTS

- Obligation of the state

- Person V State
KINDS OF RIGHTS:
1. Inherent
2. Constitutional
3. Nature of provision
4. Statutory
5. Enforceable against whom

Scenario: Your things are being inspected by guards; can you invoke Art 3?
Answer: You may invoke them against the government, not on the person.

Section 1: Right to due process of the law

- No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
o “No” – indicates the mandatory character.
o Life – literally or quality of living (deprivation of life)
o Liberty – Imprisonment
o Property – Eminent domain, understood not to take away licenses since it is a privilege.
o Person = Human being/ Artificial Being (Juridical entities)/Foreigners (as long as they are
inhabiting our territory)
- Due Process:
o Two senses: These two must be met in reference to due process in section 1
1. Substantive
 There must be a law that exist for it to be legal
o Law must be valid, police power of the state (ex. Sim
registration, deprivation of anonymity)
 Lawful subject/Reasonable
 Compliant with lawful means
Requirement of notice: Before a law can be valid, there must be publication (Official Gazette or News
paper of general circulation)
- 15 days = effectivity of the law

Doctrine: “Void for Vagueness” - a statute which either forbids or requires the doing of an act in terms
so vague that men of common intelligence must necessarily guess at its meaning and differ as to its
application, violates the first essential of due process of law. (Law must not be vague)
- Example: Estrada questioning the constitutionality of plunder law.
o No proper definition of what the term plunder = void for vagueness

1. Procedural – In reference to the law itself

 Court
o Must have jurisdiction
 Subject matter = conferred by law
  Person = service summons/ warrant arrest
 Identified through criminal or civil
 Property
o Opportunity to be heard:
 Opportunity – It is the only thing guaranteed
o Rendered upon lawful hearing
 Lawful if prescribe procedure has been observed
 Rendered by an impartial tribunal
 Admin
o Right to Hearing
o Consideration by the tribunal of the evidence presented
 Evidence must be substantial
 Relevant evidence as a reasonable mind accept
as adequate to support a conclusion
EQUAL PROTECTION OF THE LAWS:
- Embraced in the concept of due process, as every unfair discrimination offends the
requirements of justice and fair play.
Question: If it is embraced in the concept of due process, why is there a separate provision in the same
law?
Answer: To address specific guarantee/ Gaining greater protection.
Note: Equal protection defeats unwarranted partiality or prejudice

Is equal protection a guarantee of the law?

- Equality may lead into injustice = discrimination
- Same class = same right, same obligation
o XPN: There is purposeful discrimination
Does equal protection guarantee uniform application of the law?
- Given that both variables are similar
Is it applicable universally?
- IF there is difference would apply to have a different treatment, same = same treatment
How to create a valid class?
- You must show that there is a substantial distinction of ppl and things
o Substantial:
1. Sex
 Valid basis of distinction?
o Germane distinction of the law
o May be valid on the basis of the condition of the law
 Depends on the context and purpose of the legislation
2. Location
3. Vulnerability
o