 The Due Process clause states that no person shall be deprived of life, liberty, or

property without due process of the law.

 This definition is dynamic and resilient, adaptable to every situation calling for its
application. It is a guaranty against any arbitrariness on the part of the
government, whether committed by any of its branches.
 If the law itself unreasonably deprives a person of his life or his liberty or his
property, he is denied the protection of due process.
 Right to Life
 It is a right to the preservation of life and the security of the body against any
unlawful harm. It includes the right to pursue a lawful occupation; to express
ideas as long as no rights of others are transgressed; to exercise freedom of choice
in whatever areas of life; and in general, to do and perform any lawful act or
activity which in his judgment, will make life worth living.
 This right begins upon conception. The State is obliged to protect the life of the
mother and unborn from conception.
 Right to Liberty
 The right of a citizen to be free from the mere physical restraint of his person, as
by incarceration. The right to be free in the use of all his faculties or to be free
to use them in all lawful ways.
 Right to Property
 The right to own anything that can come under the right of ownership and be the
subject of contract. Public office is not property, privileges such as licenses are
not property rights and are revocable at will
 Kinds of Due Process
 Substantive Due Process
 Is a restriction on the government’s law and rule-making powers. It requires
that the interest of the public in general, as distinguished from those of a
particular class, require the intervention of the state.
 That the means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.
 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 aways these
rights, substantive due process is used to find out if the law is a proper
exercise of legislative power
 Effect when not observed
 Courts are ousted from their jurisdiction. The denial of the fundamental right to
due process is apparent, the decision is void for lack of jurisdiction.
 Relativity of Substantive Due Process
 Requires the Courts a reasonable degree of flexibility in applying procedural due
process. The common requirement to be able to conform to due process is fair
play, respect for justice, and respect for the better rights of others. Any court will
be well guided by these principles instead of being confined to a precise
definition.