Bill of Rights

- is the sanctuary of protection for all persons, citizens or non-citizens, against any and all
kinds of abuses of power and authority by the government, or any of its officials and
employees, or even against any unwarranted violation of such rights by any other
person.
- guarantees that there are certain areas of a person’s life, liberty, and property which
governmental power may not touch.
The only exception to the prohibition in the Constitution is if there is a “lawful order [from a] court
or when a public safety or order requires otherwise, as prescribed by law. Any violation of this
provision renders the evidence inadmissible.

Due Process
Two Kinds of Due Process
1. Substantive Due Process
- This serves as a restriction on the government’s law and rule-making powers. It requires
the intrinsic validity of the law in interfering with the rights of the person to his life, liberty,
or property.
- It must be a guarantee against the exercise of arbitrary power even when the power is
exercised according to proper forms and procedure.
Requisites: (LGMM)
a. There must be a valid Law upon which it is based;
b. The law must have been passed or approved to accomplish a valid Governmental
objective;
c. The objective must be pursued in a lawful Manner; and
d. The law as well as the Means to accomplish the objective must be valid and not
oppressive.
Note: Publications of laws is part of substantive part of substantive due process.

2. Procedural Due Process

- It serves as a restriction on actions of judicial and quasi-judicial agencies of the
government; a guarantee of procedural fairness. It also 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 the procedure to be observed must be fair.

GR: The twin requirements of notice and hearing constitute the essential elements of procedural
due process and neither of these elements can be eliminated without running afoul of the
constitutional guaranty.
EXP: p. 84

Kinds of Procedural Due Process (Two Areas of Application)

1. Procedural due process in judicial proceedings
Requisites: (PJOL)
a. The Court or Tribunal trying the case is properly clothed with judicial Power to hear and
determine the matter before it;
b. Jurisdiction is lawfully acquired by it over the person of the accused;
c. The accused is given Opportunity to be heard; and
d. Judgment is rendered only upon Lawful hearing.