Beruflich Dokumente
Kultur Dokumente
DUE PROCESS
By
ALICIA GONZALEZ-DECANO*
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I. Preliminary Statement, p. 558
II. Due Process Defined, p. 559
III. Jurisprudence on Due Process, p. 560
IV. Illustrative Cases, p. 560
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I. Preliminary Statement
Our countrymen clamor for justice as many of them are
deprived of such priceless jewel of democracy. As we looked
around, we see various shocking incidents of life such as:
carefree innocent young children being locked up in jail;
bystanders, protesters, demonstrators, being picked up and
ganged up; young boys and girls in school being kidnapped;
women roaming around the cities of Metro Manila, either
for the purpose of looking for odd jobs or wandering just to
view the cities of pleasure, money and sins; and men and
women
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III. Jurisprudence on Due Process
Due process may be procedural, or may be a denial of
the constitutional processes. Procedural, when the regular
rules of law are complied with. Constitutional due process,
when the elements or the material requirements of the
Constitution are complied with.
Due process may likewise be criminal due process which
requires that the accused must be proceeded against under
the orderly processes of law. There is likewise known due
process in labor cases.
IV. Illustrative Cases
The following cases are illustrative of all these kinds of
due process:
1. In the case of Manuel Roxas, et al. vs. Vasquez, G.R.
No. 114944, May 29, 2002, 382 SCRA 396, the Supreme
Court held:
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which violence and torture have been applied. These factors are
clear indicia that the confessions were voluntarily given. x x x
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