 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.
 Procedural Due Process
 It is a restriction to actions of judicial and quasi-judicial agencies of the
government.
 It requires an impartial court or tribunal clothed with judicial power to hear and
determine the matters before it. That jurisdiction has been properly acquired. That
there is an opportunity to be heard. That judgment was based upon lawful hearing
and evidence adduced.
 The aspect of due process which serves as a restriction on actions of judicial and
quasi-judicial agencies in the manner and method by which a law is enforced.
 Elements of Due Process
 Notice, Opportunity to be heard, and Jurisdiction.
 Effect of Waiver
 When a party was given several opportunities to be heard but by his own fault he
squanders these chances, the cry for due process must fail.
 Levels of Scrutiny of Laws
o Rational Basis Test – Laws are upheld if they rationally further a
legitimate governmental interest, without courts seriously inquiring into
 the substantiality of such interest and examining the alternative means by
which the objectives of the law could be achieved.
o Intermediate Review – The substantiality of the governmental interest is
seriously looked into and the availability of less restrict
o Strict Scrutiny – The focus is on the presence of compelling, rather than
substantial governmental interest and on the absence of less restrictive
means for achieving that interest.
 Void for Vagueness
 A law lacks comprehensive standards that men of common intelligence must
necessarily guess at its common meaning and differ as to its application.
 The statute is repugnant because it violates due process for failure to accord fair
notice of what is to avoid and it leaves law enforces an unbridles discretion in
carrying out the provisions.
 This can only be invoked against those kinds of legislation that is utterly vague on
its face.
 Equal Protection of the Laws Clause
 No person shall be deprived of the equal protection of the laws.
 All persons or things similarly situated should be treated alike, both as to rights
conferred and responsibilities imposed. Guaranteeing equality not identity of
rights.
 It forbids distinctions based on impermissible criteria, unrelated to a proper
legislative purpose or class or discriminatory legislation, which discriminates
against some and favors others when both are similarly situated.
 Requisites for a valid classification
 Rests on substantial distinctions
 Germane to the purpose of the law
 Not limited to existing conditions only and
 Apply equally to all members of the same class.
 Right Against Self-Incrimination
 No person shall be compelled to be a witness against himself.
 A protection against testimonial compulsion, it also includes evidence
“communicative in nature” acquired under circumstances of duress.
 This right is available in
 Criminal, Civil, impeachment, admin, and other legislative investigations that
possess a criminal or penal aspect.
 It does not apply to private investigations done by private individuals.
 When the privilege is violated outside of court, then the testimony is not
admissible under the exclusionary rule.
 When it is the court that violates, it ousts itself of its jurisdiction.
 Incriminating Question
 A question tends to incriminate when the answer would establish a fact which
would be a necessary link in a chain of evidence to prove the commission of a
crime. This must be claimed and failure implies waiver.
 It can only be claimed when the specific question incriminatory in character is
actually addressed to the witness.