CHAPTER 8: DUE PROCESS OF LAW
Meaning of Due Process
Guaranty against any arbitrariness on the
part of the government
Substantive
Procedural
Person
Protects all persons, natural & artificial
(corporations & partnerships only insofar as
their property is concerned)
The State is also entitled to its day in court
Deprivation
To take away forcibly, to prevent from
possessing, enjoying, or using
Connotes denial of the right to life, liberty, &
property
Not necessarily unconstitutional what is
prohibited is deprivation of life, liberty, or
property without due process of law
Life
It is not permissible for the government to
deprive the individual of any part of his body
true even if it be punishment for crime
Liberty
Freedom to do right & never wrong; it is ever
guided by reason & the upright & honorable
conscience of the individual Mabini
A person is free to act but may exercise his
rights only in such manner as not to injure
the rights of others
A person should be prepared to surrender
part of his freedom for the benefit of the
greater number
Salus populi est suprema lex (The welfare
of the people shall be the supreme law)
Property
Anything that can come under the right of
ownership
Can be the subject of contracts
Within the commerce of man
Substantive Due Process
Requires the intrinsic validity of the law in
interfering with the rights of the person to
his life, liberty, or property
Whether there is a proper exercise of
legislative power
The law must have a valid governmental
objective
Means employed must be reasonably
related to the accomplishment of the
purpose & not unduly oppressive
Procedural Due Process
Essence: Strike, but hear me first!
Themistocles
Hears before it condemns, proceeds upon
inquiry & renders judgment only after trial
Daniel Webster
Judicial Due Process
Requirements:
1) Impartial & competent court
o Every litigant is entitled to the cold
neutrality of an impartial judge
2) Jurisdiction
o Lawfully acquired over defendant & over
property
o In actions in personam voluntary
appearance or through service of
summons upon him; by publication
o In actions in rem or quasi in rem
jurisdictions of the court is derived from
the power it may exercise over the
property; jurisdiction over person not
essential; notice by publication is
sufficient (property is always presumed
to be in possession of the owner or his
agent)
3) Hearing
o Every litigant is entitled to his day in
court
o Has a right to be notified of every
incident of the proceeding & to be
present at every stage thereof he may
be heard by himself & counsel for the
protection of his interests
o Due process is not violated where a
person is not heard because he has
chosen not to be heard
o Appeal
Article VIII, Section 5(2)
Not essential to the right to a hearing
Except when guaranteed by the
Constitution, appeal may be allowed
or denied by the legislature in its
discretion
As long as the law allows him to
appeal, denial of that remedy is a
denial of due process
Violation of due process is a personal
defense that can only be asserted by
the persons whose rights have been
allegedly violated
o Exceptions
Cancellation of passport for
commission of crime, preventive
suspension of a civil servant facing
administrative charges, distraint of
properties for tax delinquency,
padlocking of restaurants found to
be insanitary/theatres showing
obscene movies, issuance of TPO &
writs of preliminary attachment or of
possession, abatement of nuisances
per se
 a) Nuisances
- Nuisances per se: objectionable
under any & all circumstances
because it presents an immediate
danger to the welfare of the
community
- Nuisances per accidens:
objectionable only under some
but not all circumstances, there
being situations when it is
perfectly legitimate & acceptable
b) Presumptions
- Will not deny the right to due
process of law; PROVIDED: there
is a rational or natural connection
between the fact proved & the
fact ultimately presumed from
such fact
4) Judgment rendered upon lawful hearing
o Due process requires that the judgment
be based upon the lawful hearing
previously conducted
o It is required that the parties to a
litigation be informed of how the case
was decided with an explanation of the
factual & legal reasons that led to the
conclusions of the court
Administrative due process
Requisites:
1) Right to hearing right to present ones
case & submit evidence in support
thereof
2) Tribunal must consider the evidence
presented
3) Decision must have support
4) Evidence must be substantial
5) Decision rendered based on evidence
presented in hearing
6) Tribunal or body or any of its judges must
act on its own or his own independent
consideration of the law & facts of the
controversy
7) Board or body should render its decision
in such a manner that the parties can
know the various issues involved &
reason for decision
CHAPTER 9: EQUAL PROTECTION
Definition
Embraced in the concept of due process
Requires that all persons or things similarly
situated should be treated alike, both as to
rights conferred & responsibilities imposed
Directed principally against undue favor &
individual or class privilege
Does not require absolute equality merely
that all persons be treated alike under like
conditions both as to privileges & liabilities
imposed
Law be enforced & applied equally
Persons protected
Available to all persons, natural & juridical;
artificial persons are entitled to the
protection of their property
Classification
Operates on all people without distinction
The law is not required to provide equality
among all persons if they are not similarly
situated equality among equals
Must not be arbitrary; must be reasonable
Requirements:
1) Based on substantial distinctions
Superficial differences do not make for a
valid classification
Certain physical differences can be the
basis of a valid classification height &
weight, health, age
2) Germane to purpose of law
Classification will still be invalid if it is not
germane to the purpose of the law
If germane to purpose of law, concerns all
members of the class, & applies equally
to present & future conditions, the
classification does not violate the equal
protection guarantee
3) Not limited to existing conditions (duration)
Classification must be enforced not only
for the present but as long as the problem
sought to be corrected continues to exist
4) Must apply equally to all members of the
class
Classification will be regarded as invalid if
all the members of the class are not
similarly treated, as to rights conferred &
obligations imposed
CHAPTER 10: SEARCHES & SEIZURES
Article III, Section 2
Right of the people to be secure in their
persons, houses, papers, & effects against
unreasonable searches & seizures
Scope of protection
Available to all persons, including aliens
whether accused of crime or not
Artificial persons may be required to open
their books of accounts for examination by
the State in the exercise of the police power
or power of taxation
Premises may not be searched nor may their
papers & effects seized except by virtue of a
valid warrant
 Right against unreasonable searches &
seizures is personal & may be invoked only
by the person entitled to it
Right to be left alone extends not only to
the privacy of ones home but also to his
office or business establishment
Requisites of a valid warrant
Constitutional requirements of a valid search
warrant or warrant of arrest:
1) Existence of probable cause
Facts & circumstances antecedent to the
issuance of the warrant that in
themselves are sufficient to induce a
cautious man to rely on them & act in
pursuance thereof
Need not based on clear & convincing
evidence or on evidence beyond
reasonable doubt
Requires less than evidence which would
justify conviction, it should at least be
more than mere suspicion
Implies probability of guilt & requires
more than bare suspicion
Binds over the suspect to st& trial; not a
pronouncement of guilt
Warrant must refer to only specific
offense as expressly provided in Rule 126,
Section 3 of the Rules of Court
2) Determination of probable cause
Made personally by the judge
Preliminary inquiry
o Determines probable cause for the
issuance of a warrant of arrest
o Made by the judge
o Task of the presiding judge when the
Information is filed is to determine the
existence or non-existence of probable
cause for the arrest of the accused
o If the judge finds no probable cause, the
judge cannot be forced to issue the
arrest warrant
Preliminary investigation
o Ascertains whether the offender should
be held for trial or be released
o Made by the investigating prosecutor
o Essentially inquisitorial & its function is
merely to determine the existence of
probable cause for purposes of fling
criminal complaints
o The public prosecutor merely
determines whether there is probable
cause or sufficient ground to engender a
well-founded belief that a crime has
been committed, & that the respondent
is probably guilty thereof & should be
held for trial
o Courts duty is confined to a statements together with any affidavits
determination of whether the assailed
executive determination of probable
cause was done without or in excess of
jurisdiction resulting from a grave abuse
of discretion
It is the report, affidavits, stenographic
notes, all other supporting documents
behind the Prosecutors certification
which are material in assisting the Judge
in making his determination
Determination may be either executive or
judicial
o Warrants of arrest may be issued by
administrative authorities only for the
purpose of carrying out a final finding of
a violation of law
o Requirement of probable cause is not
applicable in depuration proceedings,
which are not criminal in nature purely
administrative
o Congress, in its exercise of legislative
inquiry, may provide for the arrest &
detention of persons for contempt
A judge may issue a warrant of arrest
against an accused if he fails to appear
before his court for arraignment despite
notice court may cite contempt
3) Examination of applicant
Rule 126, Section 4, of the Rules of Court
o Before issuing the search warrant, the
judge must personally examine in the
form of searching questions & answers,
in writing & under oath the complainant
& any witnesses he may produce on
facts personally known to them
o Attach to the record their sworn
submitted
o Evidence offered by the complainant &
his witnesses should be based on their
personal knowledge & not on mere
information or belief
o A finding or probable cause may be set
aside & the search warrant may be
quashed if the person against whom the
warrant is issued presents clear &
convincing evidence that the applicants
& their witnesses committed a
deliberate falsehood or reckless
disregard for the truth on matters that
are essential or necessary to a showing
of probable cause
o Mere innocent or negligent omissions or
misrepresentation of witnesses will not
quash the search warrant
 o A special & peculiar remedy made
necessary because of public necessity
o Search warrant is a legal process which
has been likened to a writ of discovery
employed by the State to procure
relevant evidence of crime
o A police weapon issues under police
power, issued in the name of the State
& has no relation to a civil process
o Existence of probable cause depends to
a large degree upon the finding or
opinion of the judge conducting the
examination
4) Particularity of description
Described with such particularity as to
enable the person serving the warrant to
identify them
Failure to meet the requirement may
result in erroneous or arbitrary
enforcement of the warrant
Must particularly describe the place to be
searched & persons or things to be seized
in order for it to be valid
Person sought should be identified by
name without name, unquestionably
void (John Doe warrant), however, some
descriptio personae that will enable
identification will suffice
It will suffice that the place to be
searched & seized are described
General warrant not particular as to
person to be arrested or property to be
seized
Properties subject to seizure
Rule 126, Section 2 of the Rules of Court:
1) Property subject of the offense
2) Property stolen or embezzled & other
proceeds or fruits of the offense
3) Property used under or intended to be used
for committing an offense
Rule 126, Section 13 of the Rules of Court
If search is an incident of lawful arrest,
seizure may be made of dangerous
weapons or anything that may have been
used or may constitute proof in the
commission of an offense
For purpose of obtaining evidence to be used
against the accused, warrant is unlawful as it
would violate the constitutional right against
self-incrimination
Return of those goods, even if illegally
seized, may not be ordered by the court
Personal property seized as evidence should
be returned except if it is contrab& or illegal
Seized property used as evidence maybe
returned only when the case is finally
determined unless subject to forfeiture or
other proceedings
Admissibility of Illegally Seized Evidence
Articles illegally seized are not admissible as
evidence
Article III, Section 3(2)
Such evidence shall be inadmissible for
any purpose in any proceedings
Such evidence is the fruit of the poisonous
tree
Where the accused did not raise the issue of
the admissibility on the ground that it had
been illegally seized, such omission
constituted a waiver of the protection
granted illegally seized evidence could then
be admitted against him
Legality of a seizure can be contested only
by the party whose rights have been
impaired objection to an unlawful search &
seizure is purely personal & cannot be
availed by third parties
Consent to a search is not to be lightly
inferred & must be shown by clear &
convincing evidence
Burden of proving that the necessary
consent was obtained & that it was freely &
voluntarily given lies with the State
To constitute a valid consent or waiver of
the constitutional guarantee against
obtrusive searches:
1) The right exists
2) Person involved had knowledge, either
actual or constructive, of the existence of
such right
3) Said person had an actual intention to
relinquish the right
Buy-bust operations involving illegal or
prohibited drugs have been more or less
considered by the SC as giving rise to valid
warrantless arrests
Warrantless searches & seizures
Among them are:
1) Consented searches
Provided he knew of such right &
knowingly decided not to invoke it
2) As an incident to a lawful arrest
Provided the lawful arrest must precede
the search of a person & his belongings
May be made only within the permissible
area of search or the place within the
immediate control of the person being
arrested
Rule 126, Section 13 of the Rules of Court
 o Seizure may be made of dangerous
weapons or anything that may have
been used or may constitute proof in
the commission of an offense
3) Searches & seizures of vessels & aircraft for
violation of immigration, customs, & drug
laws
Because the vessel can be quickly moved
out of the locality or jurisdiction in which
the search must be sought before the
warrant could be secured
4) Searches of moving vehicles
It is required that probable cause exist in
order to justify the warrantless search
5) Searches of automobiles at borders or
constructive borders
6) Articles are in plain view
Requisites:
a) There is prior justification for an
intrusion or is in a position from which
he can view a particular area
b) Discovery is inadvertent
c) Item he observes is immediately
apparent & may be evidence of a
crime, contrab&, or otherwise subject
to seizure
7) Searches of buildings & premises to enforce
fire, sanitary, building regulations
8) Stop & frisk operations
9) Customs searches
10) Searches conducted under exigent &
emergency circumstances
11) Military checkpoints
12) Searches based on tipped information in
buy-bust operations
When one voluntarily submits to a search or
consents to have it made of his persons or
premises, he is precluded from later
complaining
Provided by the Rules of Court that a peace
officer or private person may, without a
warrant, arrest a person:
1) Such person has in fact just committed, is
actually committing, or is attempting to
commit an offense in his presence
To constitute a valid in flagrante delicto
arrest, two requisite must concur:
a) Person to be arrested must execute an
overt act indicating that he has actually
committed or is attempting to commit
an offense
b) Overt act is done in the presence or
within view of the arresting officer
2) When an offense has in fact just been
committed & he has personal knowledge of
facts
3) Person to be arrested is an escaped
prisoner, is serving final judgment,
temporarily confined while his case is
pending, has escaped while being
transferred
An officer may conduct a limited protective
search for concealed weapons
Purpose: not to discover evidence of crime
but to allow the officer to pursue his
investigation without risk of violence
A search substantially contemporaneous with
an arrest can precede the arrest if the police
have probable cause to make the arrest at
the outset of the search
What constitutes a reasonable or
unreasonable search or seizure is purely a
judicial question determinable from the
uniqueness of the circumstances involved,
purpose of the search or seizure, presence or
absence of probable cause, manner in which
the search & seizure was made, place or
thing searched, character of the articles
procured
Accused is stopped from questioning the
legality of his arrest where he never raised it
before his plea
An accused cannot question his arrest for the
first time on appeal
Privacy of communication & correspondence
Right to privacy is the right to be alone
Article III, Section 3(1)
The peoples right to privacy protects them
against the States abuse of power
Malolos Constitution
Anti-Wire Tapping Act
Use of these records is permitted only in
civil & criminal proceedings involving
certain specified offenses affecting
national security
Only upon previous written authorization by
the court, to be issued upon compliance
with requirements for issuance of a warrant
effective only for 60 days
Any evidence obtained in violation of the
law is also not admissible in any
proceeding
Prying into the privacy of anothers residence
covers places, locations, or even situations
which an individual considers as private
Reasonable expectation of privacy test
Determines whether a person has a
reasonable expectation of privacy &
whether the expectation has been violated
Two-part test:
 1) Whether, by his conduct, the individual
has exhibited an expectation of privacy
2) Expectation is one that society recognizes
as reasonable
Right to privacy is not absolute
Person is a public figure & the information
sought to be elicited from him or to be
published about him constitute matters of a
public character
Interest sought to be protected by the right
to privacy
o Right to be free from unwarranted
publicity, from the wrongful publicizing of
private affairs & the activities of an
individual which are outside the realm of
legitimate public concern
There is no infringement of the individuals
right to privacy as the requirement to
disclose information is for a valid purpose
Sealed packages in the mails may be
examined only as to their external
appearance & weight & may not be opened
except in accordance with the constitutional
requirements of a lawful search & seizure