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Consti 2 Midterm Transcript – Atty.

Galeon [Type text] Garcy Kate Go LLB 1 eh307

DUE PROCESS CLAUSE Definition of terms under section 1 article 3

Section 1 Person:
No person shall be deprived of life liberty and property • Natural persons like human beings, protection includes
without due process of law, nor shall the person be denied protection of property, individual freedom, life or animal
equal protection of the law. existence, not only Filipino Citizens but also foreigners
inside our territorial jurisdiction and
Justice Cruz: The concept of Due Process was executed by • Juridical persons like corporations or partnerships but
God at the Garden of Eden, after Adam and Eve ate the only limited to the protection of property rights.
forbidden fruit, summoned them to a hearing although he
already knew what happened but still afforded them a chance Deprivation:
to explain themselves. God instituted the concept of due • If property is taken away, there is deprivation of property
process. right
• If the life is taken away, there is deprivation of the life of
Concept or origin in England, as enshrined Magnacarta, the person
centered mainly on the procedural aspects of due process, • How about if there is merely an imposition of a
thrust is centered more on the implementation of the law. prohibition in the exercise of ones right, with respect to
the enjoyment of the thing, would that amount to
Concept was exported to the US such that it assumes two deprivation? YES, does not only mean actual
aspects: dispossession.
1. Substantive aspect
2. Procedural aspect Note: what is prohibited is deprivation WITHOUT due
process. Sec1 allows deprivation of life, liberty or property
What is due process? PROVIDED that there is observance of due process. Similarly,
• If we exam the constitutions, you cannot find any if property is taken for public use upon payment of just
particular provision on what due process is. compensation, deprivation that is allowed, there is
• There is no particular definition of the term due process. observance of due process (payment of just compensation)

Is this the result of oversight of the framers of the Life:

constitution? Or is this intentional? • Does it merely refer to our animal existence?
• Framers intended not to define because there will be a • Not only refers to physical or animal existence, also
tendency that the courts will be bound by that definition. includes our enjoyment of God given faculties. Ex. If you
• The omission to define the term due process, was are good in singing, the state cannot prohibit you from
intentional, to give the court enough room to apply the pursuing your singing career.
principle of due process given the peculiar circumstances
pertaining in each situation. Liberty:
• Not the result of an omission. • Means freedom
• What is protected is our freedom to do what is right, and
We can only describe what due process is because there is no not the freedom to do what is wrong
exact definition. • One cannot exercise his right to the prejudice of others
• Freedom of speech, we cannot use it to the prejudice of
In one case, former Justice Fernando described due process the rights of others
as referring “to the responsiveness to the supremacy of
reason and obedience to the dictates of justice.” He merely Property:
described what the term is all about.
• Pertains to anything that is capable of ownership
• May be real property (lands), personal property (laptop),
Justice Frankfurter: “the embodiment of the supporting idea
intangible property or tangible property.
of burden?”
• How about public office, is that protected? No, no one
can claim that a public office is vested with a property
Section 1 Art 3
No person shall be deprived of life, liberty or property
without due process of law... • License or a franchise would not come under the purview
of property. They are mere privileges.
Consti 2 Midterm Transcript – Atty. Galeon [Type text] Garcy Kate Go LLB 1 eh307
private rights of the parties) jurisdiction if
SUBSTANTIVE ASPECT acquired through summons whereas defendants
are required to answer or even without
1. Something to do with the intrinsic validity of the law summons, the defendant files his answer then
2. Focal point is not on the enforcement of the law. he has submitted already to the jurisdiction. If
3. Central point of inquiry is the existence or absence of a the defendant files a motion to dismiss then he
valid governmental purpose is not under the jurisdiction of the court.
4. If congress would enact a law then we can attack the b. If accion quasi in rem (affects the property or
same that it does not enshrine due process such that it right of general public) jurisdiction may be
does not involve a lawful subject or the subject has no acquired through publication of newspaper of
bearing on public interest. general circulation. Summons may be had
5. For a law to be valid: it must have a lawful subject and through publication even though respondent
imbued with a lawful governmental purpose. does not receive the summons, after the last
publication of the summons the court already
acquired jurisdiction over the person of the
c. Criminal case – how can the court acquire
• Something to do with the manner by which the law is jurisdiction over the accused? As soon as the
imposed accused is placed under arrest and not
• Immortal cry of Demosticles to Euridiaris: “Strike but arrainment. The moment that the accused is
hear me first” arrested then the court is deemed to have
acquired jurisdiction already of the person of
Case: the accused.
Referring to the law which proceeds upon inquiry and renders
punishment after trial 3. There should be an opportunity to be heard on the part
of the defendant.
• Presupposes the requirement of notice and hearing a. The court must afford the parties the
• As a rule, when you talk about due process, it has opportunity to be heard.
something to do with notice and hearing b. Take note that what is required is only an
opportunity to be heard, if a person fetters away
Ynot vs IAC from the chance given to him then his chance to
SC: Void E.O because it imposed punishment (confiscation of be heard is deemed to be waived by him. If the
carabaos) without the benefit of prior hearing. It is against defendant does not file an answer then his right
concept of procedural due process. It imposed the to be heard is deemed to be waived (did not
punishment without the benefit of a trial. avail of his right)
c. If after arraignment jumped bail, he cannot say
As applied in judicial proceedings, due process would that he was denied due process.
require the existence of the following requirements: d. Actual hearing is not necessary
e. Trial type hearing is not always necessary
1. There should be an impartial court or tribunal which is (evidence and cross examinations)
clothed with the power to determine the matter before f. Labor cases – trial type hearing is not required,
it. submission of arguments is enough, what is
a. Not all courts can try any crimes, apportioned required is only an opportunity to be heard
and defined by congress itself. (general rule)
b. No use if court is already biased in favour of a g. Exceptions:
particular party, must not side with a particular i. Case against public official, the person
party. Rule 137: Judge may be inhibited from is placed under preventive suspension,
handling a case, if the spouse or child is having a valid even without given the
pecuniary interest in the court then the judge opportunity to be heard
must inhibited himself from handling the ii. Issuance of Temporary Restraining
particular case. Order (Pollution adjudication board:
Issuance of ex parte (even before trial
2. Court should acquire jurisdiction of the person of the or hearing) TOR. Sec 5 Rule 58: Rules of
defendant or over the subject matter of the action. Civil Procedure
a. Civil case – collection of sum of money, how can iii. Cancellation of passport of the person
the court acquire jurisdiction over the person of who is sought for the commission of an
the defendant? If accion in persona (affects the offense
Consti 2 Midterm Transcript – Atty. Galeon [Type text] Garcy Kate Go LLB 1 eh307
iv. Issuance of a warrant of arrest even 3. Appeal to the Supreme Court where the issue is
without hearing the side of the accused the jurisdiction of the trial court, guaranteed the
first, such that if the information is remedy of appeal.
already filed in court, judge will 4. Criminal case and penalty imposed by the trial
evaluate the sufficiency of evidence, if court after hearing is reclusion perpetua or
so then court may issue a warrant of higher, accused can appeal
arrest People vs Mateo
v. Restraint or attachment of property for SC: In a criminal case imposing a penalty of reclusion
tax delinquency is valid perpetua or higher, any such appeal should first be filed with
vi. Closure of restaurants that are found to the Court of Appeals
be unsanitary 5. Where issue is the pure question of law, right of
vii. Entertainment hub if found to be appeal may be had.
showing illicit shows, closure of
establishment may be validly ordered Preliminary Investigation – normally if you file a criminal case,
viii. Nuisance per se (Cabrera vs Lapid: you need to file a criminal complaint then thereafter the
fishpond demolished which is a prosecution office concerned shall issue a subpoena to the
nuisance per se) respondent directing the respondent to file his counter
affidavit within 10 days from the subpoena together with the
4. There should be rendition of judgement only after trail. affidavit of counter complaint. After filing of complaint,
a. Sec 14 Art 8: decisions must particularly and normally the respondent is afforded with the opportunity to
distinctly set forth the facts of the case and the submit his answer or counter of the complaint.
law on which it is based
b. Decisions should mention the facts obtaining in Is this an integral component of procedural due process?
a given case, evidence presented by the parties,
as well as the law relied upon by the court on It depends.
which the decision is based • If the penalty imposable for the offense is imprisonment
ranging from 4 years 2 months and one day, then
• How about publication requirement? If the law is not preliminary investigation is a matter of right. If the
published then can we say there is violation of procedural offense charge is murder where penalty exceeds 4 years
due process? 2 months one day, responded should be required to
submit his counter affidavit at the preliminary
YES, the law can be said to have not taken effect. investigation level
• Where penalty imposable is imprisonment lower than 4
• How about appeal? Is appeal part of procedural due years 2 months and one day, preliminary investigation is
process? Is it a constitutional right? not a matter of right. If charge is violation of BP 22,
preliminary investigation is not a matter of right.
It depends. As a rule, appeal is not a constitutional Right,
it is not an integral part of due process. It is only a Procedural due process is likewise applicable to
statutory right, can be availed of only when there is a law Administrative Proceedings.
allowing appeal. Conversely, where the law does not
allow you to file an appeal, you cannot invoke that you As applied, presupposes the following requirements
are denied due process. 1. There should be an opportunity of a hearing.
Includes the opportunity to hear one side and to
As a rule, appeal may be provided for by congress upon present one’s evidence
re-enactment of a law. But cannot pass a law depriving 2. The court must consider the evidence presented by
the appellate jurisdiction of the Supreme Court the parties
3. Evidence presented must be substantial
Cases which appeal as a matter of right: 4. Decision of the court must have something to
1. Sec 5 Par 2 Art 8 – SC appellate jurisdiction over support itself, meaning, it must be based on
cases about the validity of a law, treaty, national evidence, the facts obtaining in the case.
agreement or law or presidential decrees, 5. The court should consider the evidence that are
orders, instructions and ordinances presented during the hearing or obtained through
2. Cases involving the validity of imposing tax, the records and is made known to the parties
polls, penalties imposed – purview of the a. Uy vs Sandigan Bayan
appellate jurisdiction of the SC 6. Tribunal must not only rely on the recommendation
of his subordinates
Consti 2 Midterm Transcript – Atty. Galeon [Type text] Garcy Kate Go LLB 1 eh307
7. The tribunal must render the decision in such a way Appointed officers shall be deemed ipso facto resigned
that the parties may know the issues in the case. upon filing of the certificate of candidacy, may not
engage in any partisan activity. Elected public officials are

Lagman vs Ochoa
• Equal protection includes juridical and natural persons Sc: there is no substantial distinction between arroyo
• Foreigners are afforded equal protection of the law admin and past administrations.
• The term is not particularly defined, intended by the
framers as not to restrict the application and to give Chavez vs Pcgg
leeway to judges on the application. Of every case. Sc: nullified compromise agreement between heirs of
• Does not mean that it should be given universal Marcos and PCGG
application, not applicable to all persons, if so, it would
result to inequality. 2. Germane to purpose of the law

Served where there is equality among equals. There must be relevance to the purpose of the legislation
Persons or things belonging to the same class must be treated
alike. Dunglao vs comelec
Would permit a valid classification, but peripheral or Law prohibiting elected public officials who already
superficial distinction is not a valid classification. retired from service, and been paid their retirement
benefits, prohibited from running for the same position.
If the distinction is based on substantial difference
Substantive quality is not enough, may be invalid if in the
application there is inequality. 3. Must not be limited to existing conditions
Justice Cruz,
Ormoc sugar company inc
Yeko vs hopkins Particulalry singled out under the questioned ordinance,
Even if the law appears in its face valid, if there is inequality in violation of the equal protection of the law
the application or enforcement, it will be declared as invalid
Lutes vs araneta
People vsVera Special assessment tax was imposed for the rehabilitation
Grants to apply for probation, but in the implementation, to of the whole sugar company.
provide salary of the probation officer,
sC: while the act may be valid in
4. Must be equally applied to all members of the same class
Doctrine: substantive quality is not enough
Lagman vs ochoa
Generally, superficial differences is not a valid ground in such Past administration of arroyo was singled out
classification Sc: there should not be any further classification among
those of the same class
Exceptions/Instances where physical differences is valid
Ex. Women is prohibited in working in port areas Leipo vs hopkins
Recruitment of members of the armed forces, regulation in Sc: law is valid on its face, but in the implementation, it
height which must be at least 5'4, valid. allows further classification, there is unfairness, or
May be regarded as valid arbitrariness in the implementation or application of the
After all, equal protection of the law, requirements:
Tatad vs GR 124360
1. Classification must be based on substantial distinction Validity if RA8180 sec5
Imported crude oil to the Philippines tax rate 3%
Inchong vs Hernandez If finished product tax imposed is 7%
SC: held validity in prohibiting aliens from owning Sc: violative of equal protection clause to the new players
business of those that must import finished product, differential is
prejudicial to the interest of the new players in the oil
Quinto vs comelec industry
Sc: there is valid differentiation between an elected and
appointed public official