DUE PROCESS CLAUSE (Section 1)

Due Process Clause (Section 1)

1. Person protects both citizens and aliens !! protects artificial persons insofar as their property is concerned
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2. Deprive To take away forcibly, to prevent from possessing, enjoying or using something !! Deprivation per se is not unconstitutional; what is prohibited is deprivation without due process of law
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Due Process Clause (Section 1)

3. Life
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Right to be alive
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Right to refuse lifesaving hydration and nutrition by a competent person. No person can assume the choice for the incompetent person in absence of the formalities by the Living Will Statute or clear and convincing evidence. (Cruzan vs Director)

Right to security of ones limb !! Right to a good life !! Life of the unborn
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Article II, sec. 12 is not self-implementing

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Due Process Clause (Section 1)

4. Liberty
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Freedom to act in whatever way one pleases within the bounds of law Right to labor, contract, choose ones employment and locomotion (Rubi-1934) Right to privacy
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Possession of obscene materials in private is allowed vis--vis public possession and display of such obscene materials (Stanley vs. Georgia) Only those authorized by law can bear arms (Chavez vs Executive Secretary)

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No right to bear arms

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Property
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Due Process Clause (Section 1)

Anything that can come under the right of ownership and be the subject of contract
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Vested Right: !! perfected mining claim !! Homestead !! Final judgement !! Pilotage license is a vested right, must be cancelled or removed through a hearing (Corona vs United Harbor Pilots Assoc.) !! Historical landmarks must undergo due process (Army Navy) !! Corporations right to guard trade secrets from rivals (Duncan Association vs Glaxo) !! Pension plans as part of terms of employment (GSIS vs Montesclaros) !! Military retirees who lose their Filipino citizenship dont receive benefits (Parreno)

Due Process Clause (Section 1)

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Property
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Includes ones employment, profession, trade or calling "! order of preventive suspension without hearing (Crespo 1988) "! Mandatory suspension of public official pending criminal prosecution (Libanan-1999) License to operate a cockpit- a privilege, withdrawable when public interest requires Certificate of public convenience Garment export quota "! Privilege evolving into property rights (American Inter fashion 1991)

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Due Process Clause (Section 1)

6. Due Process
a. History 1. England 2. United States
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Bill of Rights - 1st 10 Amendments (1791) 5th Amendment - Federal Government 14th Amendment - States (1868)

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Characteristics !! procedural and substantive fairness !! elastic concept

Due Process Clause (Section 1)

c. Substantive Due Process !! requirement of reasonableness or absence of arbitrariness !! lawful subject and lawful method !! Vagueness "!Cannot be clarified by either a saving clause or by construction (De La Piedra 2001) Procedural Due Process !! a law which hears before it condemns !! varying procedural requirements

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Due Process Clause (Section 1)

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Non-criminal cases/Civil Cases:

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Court or tribunal with judicial power to hear and determine the matter before it Jurisdiction lawfully acquired over defendant or property Defendant must be given an opportunity to be heard Lawful hearing

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Criminal cases Cases involving students (Non vs Judge Dames)

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Student must be informed in writing of nature and cause of any accusation against them Right to answer charges with assistance of counsel if needed Shall be informed of the evidence against them Right to adduce evidence on their own behalf Evidence must be duly considered by the investigating committee Accused has no right of access to evidence during the executive phase, only during the judicial phase.

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Extradition Proceedings (Secretary vs Judge Lantion)

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Due Process Clause (Section 1)

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Deportation Proceedings
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Criminal proceedings are applicable although it is not in nature (Lao Gi alias Chia Jr. vs CA) Right to actual or constructive notice of the institution of proceedings which may affect a respondents legal rights Real opportunity to be heard personally or with the assistance of counsel to present witnesses and evidence in ones favor, and to defend ones rights, Tribunal with competent jurisdiction Finding with substantial evidence made known to parties affected *Publication may be necessary if purpose is to enforce or implement existing law pursuant also to a valid delegation (Republic vs Pilipinas Shell) Notice and hearing is required in quasi judicial proceedings (e.g. Summary Dismissal Board vs. Torcita; Philcomsat vs Alcuaz)

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Administrative cases: (Fabella vs Court of Appeals)

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Quasi judicial vs quasi legislative

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Due Process Clause (Section 1)

Cases in which notice and hearing dispensed with:
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cancellation of passport of person sought for a crime; Preventive suspension of a civil servant facing administrative charges; Distraint of property for tax delinquency; Padlocking of restaurants found unsanitary; and Abatement of nuisance per se.

Due Process Clause (Section 1)

7. Recent Cases
Due Process may be dispensed with in certain instances: (1) in proceedings where there is an urgent need for immediate action (e.g., nuisance per se, preventive suspension of public servant facing administrative action, padlocking of filthy restaurants and cancellation of passport sought for criminal prosecution); (2) when there is tentativeness of administrative action where respondent will enjoy right to notice and hearing at a later time (e.g., evaluation stage of extradition process); and (3) where the rights have not been claimed (waiver) (Lantion-2000)
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Due Process Clause (Section 1)

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If no prima facie finding in extradition proceeding, judge may dismiss. If there is finding, judge should issue warrant (US 2002) If bail can be granted to deportation cases, there is no reason why it cannot be invoked in extradition cases- clear and convincing evidence standard (Olalia 2007) Classification of property into landmarks requires substantive and procedural due process (Army and Navy Club 1997) Pre-evaluation cancellation of harbor pilot licenses violative of due process (Corona -1997) Right to counsel is not indispensable to due process unless required by the Constitution or by law (Lumiqued -1997)

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Due Process Clause (Section 1)

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Teacher in school administrative proceeding has right to counsel (Gonzales 1999) Vagueness doctrine merely requires a reasonable degree of certainty; over breadth and vagueness doctrine not applicable to penal statutes but only to free speech cases (Estrada -2001)

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#! Company policy against employees marrying employees of competitor companies sustained (Duncan 2004) #! Employees have vested rights in mandatory pension plan (GSIS 2004) #! Rule against contact visits of detainees upheld (In the Matter of the Petition for Habeas Corpus 2005) #! No constitutional right to bear arms (Chavez 2004) #! A respondent in an administrative case is entitled only to the decision not the findings and recommendations of an investigating committee (Pefianco 2000)

Due Process Clause (Section 1)

! Sauna and massage parlors, night clubs and motels are not morally offensive per se (City of Manila 2005) ! Officer who reviews a case on appeal should not be same person whose decision in under review (Tejano 2005) ! Policy of non-interference with executive discretion in the determination of probable cause (Sanrio 2008) except if there is grave abuse of discretion (Aguirre 2008)

Substantive Due Process in the United States

A. If analyzed literally, limitation relates solely to procedure
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Slaughterhouse Case - due process only a protection against procedural unfairness

B. Growth (1890s to 1930s)

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Lochner v. New York (1905) - Invalidation of New York Law which limited the hours which a bakery employee could work to 10 per day and 60 per week on the ground that it abridged liberty of contract

Substantive Due Process in the United States

- not a valid labor law (cannot readjust bargaining power unless bakers were not as intelligent as other workers or needed unusual protection) - not a valid safety or health measure since bakers are not an especially endangered group and longer working hours did not affect quality of goods
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Rationale - Natural Rights Theory - Laissez Faire - Social Darwinism

Substantive Due Process in the United States

C. Decline (Late 1930s) - FDRs New Deal Program resulted in greater deference to legislative intervention in economic affairs - Separation of powers D. Rebirth (Late 1960s) - Fundamental rights - Right to privacy (sex and marriage) - Right to personal autonomy (child bearing and child rearing)

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Non Fundamental
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TEST
Mere Rationality
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economic regulations social welfare regulations

legitimate governmental objective means rationally related to objective

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Fundamental
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Strict Scrutiny
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right to privacy right to personal autonomy

governmental action is necessary (not any less restrictive means) compelling governmental objective is at stake

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Fundamental Rights Cases

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Meyer (teaching of foreign languages) - right of teachers to teach - right of students to acquire knowledge - right of parents Pierce (compulsory attendance of public schools) - right of parents to direct upbringing - right of schools to property

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Fundamental Rights Cases

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Buck v. Bell (sterilization) - three generations of imbeciles are enough Griswold (contraceptives) - several Bill of Rights provisions create a penumbra or zone of privacy - privacy implications of proof in prosecutions - problem with interpretivism

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Fundamental Rights Cases

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Bowers (sodomy) Stanley (reading obscene materials) Roe v. Wade (abortion) - invalidated on privacy grounds, Texas nearly-complete ban on abortions - provide trimestral approach to pregnancy

Fundamental Rights Cases

- Criticisms * * * * weighing of relative values use of privacy precept of sufficient abstractedness judicial legislation

Fundamental Rights Cases

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Casey (1992) - abortion no longer a fundamental right - trimester approach overturned - States may restrict abortion so long as they do not place undue burdens on the womans right to choose

24 hour waiting period + informed consent parental consent spousal notification

IV. EQUAL PROTECTION CLAUSE (Section 1)

IV. Equal Protection Clause (Section 1)

1. History 2. Definition !! All persons, under like circumstances and conditions, shall be treated alike, both as to privileges conferred and liabilities enforced 3. Characteristics no favoritism - among equals !! embraced in the concept of due process !! does not prohibit reasonable classifications !! on its face / as applied
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IV. Equal Protection Clause (Section 1)

4. Guarantees
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treat similar situated people similarly treat not similarly situated people not similarly (e.g., handicapped voters)

5. Reasonable Classification (People vs. Cayat) a. Substantial Distinction !! Citizenship !! Age !! Gender !! Public Officers / Police (Farinas vs. Exec. Sec) !! Cabinet members / Other appointive officials !! Political rights

b.

IV. Equal Protection Clause (Section 1)

Germane to the purpose of the law
> Prohibition of retired elected officials (65 yrs. and above) from running for the same position they retired from, is not germane to the purpose of the law to introduce new blood into the political system (Dumlao v. Comelec, J. Teehankee dissent) > Tax incentives for businesses in the Subic Special Economic Zone for the purpose of attracting investors is germane to the purpose of RA 7227 (Tiu vs CA) >City and Municipal Election officers of the Comelec were prohibited from holding office in the same city or municipality for more than 4 years. Why not other Comelec officials? Legislature not required to adhere to a policy of all or none; under inclusiveness is not an argument against a valid classification (De Guzman - 2000)

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IV. Equal Protection Clause (Section 1)

Germane to the purpose of the law
> The creation of the Sandiganbayan and the power to appeal to the SC does not violate the equal protection clause because it caters to a specific problem (dishonesty in public service) as a valid basis for classification. (Nunez vs Sandiganbayan) > A police officer under investigation may be preventively suspended beyond the 90 day period applied for criminal and administrative cases and until the case is decided because policemen to carry weapons which can be used to harass or intimidate witnesses (Himagan vs People)

IV. Equal Protection Clause (Section 1)

c. Must not be limited to existing conditions only > Although Ormoc Sugar Central is the only sugar factory in the city, the imposed tax is not exclusive to it, classification is not reasonable (Ormoc Sugar Central v. Ormoc) > Legislative classification freeze provision does not violate the equal protection clause as applied to the new cigarette brands for the practical reason that at the time the law was made, the new brands did not exist yet. (British American Tobacco vs Camacho) Must apply equally to all members of the same class > Taxis 6 years or older are dropped as public utilities for purposes of ensuring public safety on the roads. It was contended that it was only made applicable to taxis operating in Metro Manila. It was only made applicable in Manila in the beginning because of heavier traffic. (Taxicab Operators v. BOT)

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IV. Equal Protection Clause (Section 1)

d. Must apply equally to all members of the same class > Concept of relative unconstitutionality in which the limitations on employees of 7 government financial institutions except Central Bank were removed. (Central Bank Employees vs Bangko Sentral) > Legislation on prohibiting bartending by women is valid but not when it only allows the wives and daughters of bar owners exclusively. (Goesart vs Cleary)

IV. Equal Protection Clause (Section 1)

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Difference between Print Media and Broadcast Media (TELEBAP -1998)

Difference between rallying before Courts and rallying before Executive and Legislative offices (In Re: Valmonte and ULAT -1998) !! Difference between elected official and ordinary citizen for purposes of incarceration (Jalosjos -2000)
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Difference between foreign hires and local hires for an international school (International School - 2000)

IV. Equal Protection Clause (Section 1)

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Difference between poor v. rich insofar as the death penalty is concerned (Mercado-2000) Difference between appointive and elective officials for purposes of being deemed resigned upon filing of certificate of candidacy (Farinas 2003) With the passage of laws amending the charter of 7 GFIs removing limitations on employees compensation, the continued operation of the limitation on CB employees constitute invidious discrimination; a case of relative unconstitutionality (CB Employees compensation 2004) Difference between motorcycles and other motor vehicles (Mirasol 2006)

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Equal Protection Clause (Section 1)

- Over and Under-inclusive Classifications
!! trait !! goal

! connection ! legislative goal

is either prevention of harm or furthering of a goal

Equal Protection Clause (Section 1)

STATUTE PURPOSE : : i. ii. iii. iv. v. Police to retire at 50 To keep police free of officers with poor health Perfect fit Perfect lack of correlation Under-inclusive Over-inclusive Over and under-inclusive

Equal Protection Clause (Section 1)

- Three Levels of Review
Classification #! Fundamental Rights (right to vote, access to courts and interstate travel) #! Suspect Classification (race, national origin, alienage) Level of Review #! Strict Scrutiny (necessary to promote a compelling governmental interest)

Equal Protection Clause (Section 1)

Classification #! Semi-suspect Classification (gender and illegitimacy)

Level of Review #! Middle level (substantially related to an important governmental objective) #! Mere rationality (classification bears a rational relationship to a legitimate governmental objective)

#! None of the above

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SEARCH AND SEIZURE CLAUSE