Case Doctrines- Constitutional

Law 2
SECTION 1

No person shall be deprived of life,

liberty, or property without due process
of law, nor shall any person be denied
the equal protection of the laws.
A. Life, Liberty or Property
American Inter-Fashion v. Office of the President export quota allocation
Glorious Suns export quota allocation was a initially a privilege evolved into some form of property
which should not be removed arbitrarily and without due process and hurriedly confer it to another.
Chavez v. Romulo citizens right to bear arms - The right to bear arms cannot be classified as a
fundamental right under the 1987 Constitution the right is a mere statutory privilege, not a
constitutional right. It is erroneous to assume that the US Constitution grants upon the people the
right to bear arms. The Second Amendment pertains to the citizens collective right to take arms in
defense of the state, not to the citizens individual right to own and possess arms.
Exec. Secretary V. CA Migrant Workers and Overseas Filipinos Act of 1995 A profession, trade
or calling is a property right within the meaning of our constitutional guarantees; one cannot be
deprived of the right to work or the right to make a living because these rights are property rights, the
arbitrary and unwarranted deprivation of which normally constitutes an actionable wrong.

Nevertheless, no right is absolute and the proper regulation of a profesion is a valid exercise of
police power.
Duncan v. Glaxo not ed to have a relationship with an employee of a competitor company Glaxo
has a right to guard its trade secrets. (related topic: equal protection)
Alejano v. Cabuay Oakwood Mutiny Case writ of habeas corpus is available where a person
continues to be unlawfully denied one or more of his constitutional freedoms, where there is a denial
of due process, where the restraints are not merely involuntary but also unnecessary, and where a
deprivation og freedom originally valid has later become arbitrary. (related topic: privacy of
communication and correspondence)

B. Procedural Due Process

Banco Espanol-Filipino v. Palanca mortgage foreclosure due process implies that: 1) there
must be a court or tribunal clothed with the power to hear or determine the matter before it; 2) that
jurisdiction has been lawfully acquired; 3) defendant shall have to opputunity to be heard; 4)
judgment shall be rendered upon lawful hearing. | NOTICE must be given
Bautista v. CA land dispute When a party was afforded the opportunity to participate in the
proceedings but failed to do so, he cannot complain of deprivation of due process
Rural Bank of Buhi v. CA bank receivership; insolvency there is no requirement whether
express or implied that a hearing must first be conducted before a banking institution may be placed
in receivership
Pollution Adjudication Board v. CA untreated wastewater discharged to sewer Ex parte
proceedings - permitted by law in situations like these because stopping the discharged of the
wastewater cannot be
made to wait until protracted litigation; standards set by the board enough not required to prove
immediate danger to life, health et. al
Fabella v. CA public school teachers striking DUE PROCESS IN ADMINISTRATIVE
PROCEEDINGS
requisites: 1) actual or constructive notice of the institution of the proceedings which may affect ones
legal rights; 2) real opportunity to be heard personally or with counsel; 3) to present witnesses and
evidence is ones favor and to defend his rights; 4) tribunal vested with competent jurisdiction

reasonable guarantee of honesty and impartiality; 5) finding is supported by substantial evidence

contained and made known to the parties
Guzman v. CA kicked out from school DUE PROCESS IN STUDENT DISCPLINE
PROCEEDINGS requisites: 1) student must be informed in writing the nature and cause of the
accusation against him; 2) right to answer the charges against them, with the assistance of counsel if
desired; 3) they shall
be informed of the evidence against them; 4) right to adduce evidence in their own behalf; 5)
evidence must be duly considered by the investigating committee or officials hearing the case
Lao Gi v. CA DUE PROCESS IN DEPORTATION PROCEEDINGS same requisites as those
required in criminal proceedings (Rules of Court) Secretary of Justice v. Lantion extradition case of
Jimenez - DUE PROCESS IN QUASIJUDICIAL PROCEEDINGS requisites: 1) taking and
evaluation of evidence; 2)
determining facts based upon the evidence presented; 3) rendering an order based upon the facts
proved Chavez v. COMELEC billboard of Chavez as endorser A statute or regulation is
considered void for overbreadth when it offends the constitutionality principle that a governmental
purpose to control or prevent activities constitutionally subject to state regulations may nor be
achieved by means
that sweep unnecessarily broadly and thereby invade protected freedoms