Due Process Notes

DUE PROCESS NOTES
Article III Sec, 1 of the 1987 Constitution Vested rights - a consequence of the
constitutional guaranty of due proves that
No person shall be deprived of life, liberty or property
expresses a present fixed interest which in right
without due process of law.
reason and natural justice is protected against
Due Process – responsiveness to the arbitrary state action; it includes not only legal
supremacy of reason, obedience to the or equitable title to the enforcement of a
dictates of justice. demand but also exemptions from new
obligations created after the right has become
Any government act that militates vested.
against the ordinary norms of justice or fair
play is considered an infraction the great Substantive Due Process - It requires the
guaranty of due process. intrinsic validity of the law in interfering with
the rights of the person to his life, liberty, or
Deprivation – to take away forcibly, to property. If a law is invoked to take away one’s
prevent from possessing, enjoying something. life, liberty or property, the more specific
Life – (Imbong v. Ochoa) commences upon concern of substantive due process is not to
“conception that is, upon fertilization.” Hence, find out whether said law is being enforced in
the obligation upon the State to “equally accordance with procedural formalities but
protect the life of the mother and life of the whether the said law is a proper exercise of
unborn from conception” and “to prevent the legislative power.
Legislature from enacting a measure legalizing Procedural Due Process – ‘which hears
abortion.” before it condemns, which proceeds upon
Liberty – it is liberty regulated by law, a person inquiry and renders judgment only after trial.
is free to act but he may exercise his rights only - The twin requirements of notice and
in such manner as not to injure the rights of hearing constitute the essential
others. One’s own liberty must be enjoyed elements of due process and neither of
consistently with the enjoyment of a like liberty these elements can be eliminated
by others. “salus populi est suprema lex” without running afoul of the
- Includes the right of the citizen to be constitutional guaranty.
free to use his faculties in a lawfull
ways; to live and work where he will, to - Refers to the regular methods of
earn his livelihood, to pursue any procedure to be observed before one’s
avocation. life, liberty or property can be taken
- Enter any contracts which may be away from him. Simply stated, it means
proper, right to labor, right of that the procedure to be observed must
locomotion. be fair. It is a guarantee to obtain a fair
- In short, do anything that does not trial in a court of justice according to
offend the public welfare. the mode of proceeding applicable to
each case. This includes not only courts
of justice but also any and all
Property – anything that can come under the administrative boards, bodies or
right of ownership and be the subject of tribunals.
contract.
DUE PROCESS NOTES
Due process in judicial proceedings

Whether in civil or criminal judicial
proceedings, due process requires that there
be:
1.) An impartial and disinterested court
clothed by law with authority to hear
and determine the matter before it;
NOTE: The test of impartiality is whether

the judge’s intervention tends to prevent the
proper presentation of the case or the
ascertainment of the truth.
2.) Jurisdiction lawfully acquired over the

defendant or the property which is the
subject matter of the proceeding;
3.) Notice and opportunity to be heard be
given to the defendant; and
4.) Judgment to be rendered after lawful
hearing, clearly explained as to the
factual and legal bases (Art. VII, 1987
Constitution, Sec. 14).
Cardinal requirements of due process in

administrative proceedings (1994 Bar)
1. Right to a hearing which includes the

right to present one’s case and submit
evidence in support thereof;
2. The tribunal must consider the
evidence presented;
3. The decision must be supported by
evidence;
4. Such evidence must be substantial;
5. The decision must be rendered on the
evidence presented at the hearing or at
least contained in the record, and
disclosed to the parties affected;
6. The tribunal or body or any of its
judges must act on its own
independent consideration of the law
and facts of the controversy in
arriving at a decision;
7. The board or body should render
decision in such a manner that parties
can know the various issues involved
and the reasons for the decision
rendered

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DUE PROCESS NOTES

Due process in judicial proceedings

NOTE: The test of impartiality is whether

2.) Jurisdiction lawfully acquired over the

Cardinal requirements of due process in

1. Right to a hearing which includes the

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