Article III – Bill of Rights

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 law.

1. Purpose of the Bill of Rights

“The Bill of Rights governs the relationship between the individual and the state. It’s concern is not the relation between
individuals, between a private individual and other individuals. What the Bill of Rights does is to declare some forbidden zones
in the private sphere inaccessible to any power holder.”

2. Three Great Powers of Government

1 POLICE POWER
Definition
It is the inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare
of society.

2 EMINENT DOMAIN
Definition and Scope
The power of eminent domain is the inherent right of the State to condemn private property to public use upon payment of just
compensation.

3 TAXATION
Definition and Scope
It is the power by which the State raises revenue to defray the necessary expenses of the Government. It is the enforced
proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for the support of the
government and for all public needs.

It is as broad as the purpose for which it is given.

Purpose:
(1) To raise revenue
(2) Tool for regulation
(3) Protection/power to keep alive

Tax for special purpose

Treated as a special fund and paid out for such purpose only; when purpose is fulfilled, the balance, if any shall be transferred
to the general funds of the Government. [Sec. 29 (3), Art. VI]

Scope and Limitation

General Limitations
(1) Power to tax exists for the general welfare; should be exercised only for a public purpose
(2) Might be justified as for public purpose even if the immediate beneficiaries are private individuals
(3) Tax should not be confiscatory: If a tax measure is so unconscionable as to amount to confiscation of property, the Court will
invalidate it. But invalidating a tax measure must be exercised with utmost caution, otherwise, the State’s power to legislate for
the public welfare might be seriously curtailed
(4) Taxes should be uniform and equitable [Sec. 28(1), Art. VI]

3. Police Power
It is the inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare
of society.
Scope and Definition
The police power of the State is a power coextensive with self-protection, and is aptly termed the 'law of overruling necessity.'”

Police power has been properly characterized as the most essential, insistent, and the least limitable of powers, extending as it
does to all the great public needs.

Tests for Validity of Exercise of Police Power

(1) Lawful Subject: Interest of the general public (as distinguished from a particular class required exercise). This means that the
activity or property sought to be regulated affects the general welfare.
(2) Lawful Means: Means employed are reasonably necessary for the accomplishment of the purpose, and are not unduly
oppressive. [Planters Products v. Fertiphil Corp. (2008)]

Limitations when police power is delegated:

(1) Express grant by law [e.g. Secs. 16, 391, 447, 458 and 468, R.A. 7160, for LGUs]
(2) Limited within its territorial jurisdiction [for local government units]
(3) Must not be contrary to law.
4. The Seat of Police Power
Legislature
Police power is lodged primarily in the national legislature.

Executive
By virtue of a valid delegation of legislative power, it may also be exercised by the president, administrative bodies, and
lawmaking bodies of LGUs.

5. Primacy of Human Rights

Human rights have a primacy over property rights. The rights of free expression and of assembly occupy a preferred position as
they are essential to the preservation and vitality of civil institutions.

6. Hierarchy of Rights: Life, Liberty, Property

When the Bill of Rights also protects property rights, the primacy of human rights over property rights is recognized. Because
these freedoms are “delicate and vulnerable, as well as supremely precious in our society” and the “threat of sanctions may
deter their exercise almost as potently as the actual application of sanctions,” they “need breathing space to survive,” permitting
government regulation only “with narrow specificity.” [Philippine Blooming Mills Employees Organization v. Philippine Blooming
Mills Co., Inc. (1973)]

If the liberty involved were freedom of the mind or the person, the standard for the validity of governmental acts is much more
rigorous and exacting, but where the liberty curtailed affects at the most rights of property, the permissible scope of regulatory
measure is wider. [Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila (1967)]

Running through various provisions of the Constitution are various provisions to protect property—but always with the explicit
or implicit reminder that property has a social dimension and that the right to property is weighted with a social obligation.
[Bernas]

Life is also the right to a good life. [Bernas] It includes the right of an individual to his body in its completeness, free from
dismemberment, and extends to the use of God-given faculties which make life enjoyable. [Malcolm]

Liberty “includes the right to exist and the right to be free from arbitrary personal restraint or servitude. [It] includes the right
of the citizen to be free to use his faculties in all lawful ways[.]” [Rubi v. Provincial Board]

Property is anything that can come under the right of ownership and be the subject of contract. It represents more than the
things a person owns; it includes the right to secure, use and dispose of them.
7. Due Process: In General
Due process of law simply states that “it is part of the sporting idea of fair play to hear "the other side" before an opinion is
formed or a decision is made by those who sit in judgment.” [Ynot v. IAC (1987)]

It covers any governmental action which constitutes a deprivation of some person's life, liberty, or property.

Definition
Due process furnishes a standard to which the governmental action should conform in order that deprivation of life, liberty or
property, in each appropriate case, be valid. It is responsiveness to the supremacy of reason, obedience to the dictates of justice.
Negatively pit, arbitrariness is ruled out and unfairness avoided. Correctly it has been identified as freedom from arbitrariness.
It is the embodiment of the sporting idea of fair play. [Ichong v. Hernandez (1957)]

8. Procedural Due Process

In General
Procedural Due Process – that aspect of due process which serves as a restriction on actions of judicial and quasi-judicial
agencies of the government. It refers to the method or manner by which a law is enforced.

It is also concerned with government action on established process when it makes intrusion into the private sphere.

Aspects of the Proceedings

In Non criminal Proceedings
Requisites:
(a) An impartial court of tribunal clothed with judicial power to hear and determine the matter before it.
(b) Jurisdiction must be lawfully acquired over the person of the defendant and over the property subject matter of the
proceeding [Banco Español v. Palanca (1918)]

Note: Notice is an essential element of due process, otherwise the Court will not acquire jurisdiction and its judgment will not
bind the defendant.
To be meaningful, it must be both as to time and place.
Service of summons is not only required to give the court jurisdiction over the person of the defendant but also to afford the
latter the opportunity to be heard on the claim made against him. Thus, compliance with the rules regarding the service of
summons is as much an issue of due process as of jurisdiction. 18. [Sarmiento v. Raon (2002)]

(c) The defendant must be given an opportunity to be heard

Due process is satisfied as long as the party is accorded the opportunity to be heard. If it is not availed of, it is deemed waived
or forfeited without violating the constitutional guarantee. 19.[Bautista v. Court of Appeals (2004)]
The SC reiterated that the right to appeal is not a natural right nor part of due process; it is merely a statutory privilege, and
may be exercised only in the manner and in accordance with the provisions of law. [Alba v. Nitorreda, 254 SCRA 753]

(d) Judgment must be rendered upon lawful hearing and must clearly explain its factual and legal bases. [Sec. 14, Art. VIII; Banco
Español-Filipino v. Palanca (1918)]

Note: The allowance or denial of motions for extension rests principally on the sound discretion of the court to which it is
addressed, but such discretion must be exercised wisely and prudently, with a view to substantial justice. Poverty is recognized
as a sufficient ground for extending existing period for filing. The right to appeal is part of due process of law.

Publicity and T.V. Coverage

Pervasive publicity is not per se prejudicial to the right of an accused to fair trial. The mere fact that the trial of appellant was
given a day-to-day, gavel-to-gavel coverage does not by itself prove that the publicity so permeated the mind of the trial judge
and impaired his impartiality. For one, it is impossible to seal the minds of members of the bench from pre-trial and other off-
court publicity of sensational criminal cases. The state of the art of our communication system brings news as they happen
straight to our breakfast tables and right to our bedrooms. These news form part of our everyday menu of the facts and fictions
of life. For another, our idea of a fair and impartial judge is not that of a hermit who is out of touch with the world. We have not
installed the jury system whose members are overly protected from publicity lest they lose their impartiality. Criticisms against
the jury system are mounting and Mark Twain's wit and wisdom put them all in better perspective when he observed: "When a
gentleman of high social standing, intelligence, and probity swears that testimony given under the same oath will outweigh with
him, street talk and newspaper reports based upon mere hearsay, he is worth a hundred jurymen who will swear to their own
ignorance and stupidity . . . Why could not the jury law be so altered as to give men of brains and honesty an equal chance with
fools and miscreants?" Our judges are learned in the law and trained to disregard off-court evidence and on-camera
performances of parties to a litigation. Their mere exposure to publications and publicity stunts does not per se fatally infect
their impartiality.

Administrative; Quasi-Judicial Proceedings; Arbitration

1. In General Administrative due process
In administrative proceedings, the essence of due process is to explain one’s side. An actual hearing is not always an
indispensable aspect of due process as long as the party was given the opportunity to defend his interests in due course
In Administrative Proceedings (STUDY)
The Ang Tibay Rules:
(1) Right to a hearing to present own case and submit evidence in support thereof.
(2) Tribunal must consider the evidence presented.
(3) Decision rendered must have support.
(4) Evidence which supports the finding or conclusion is substantial (such relevant evidence as a reasonable mind accept as
adequate to support a conclusion).
(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 any of its judges, must act on its or his own independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in arriving at a decision.
(7) The tribunal should, in all controversial questions, render its decision in such a manner that the parties to the proceeding
can know the various issues involved, and the reasons for the decision rendered.
2. Judges and Disciplinary Process
The Rules, even in an administrative cases, demand that, if the respondent judge should be disciplined for grave misconduct or
any graver offense, the evidence against him should be competent and should be derived from direct knowledge.[6] The Judiciary
to which respondent belongs demands no less. Before any of its members could be faulted, it should be only after due
investigation and after presentation of competent evidence, especially since the charge is penal in character

3. Aspects of the Proceedings

While investigations conducted by an administrative body may at times be akin to a criminal proceeding, the fact remains that
under existing laws, a party in an administrative inquiry may or may not be assisted by counsel, irrespective of the nature of the
charges and of the respondent's capacity to represent himself, and no duty rests on such a body to furnish the person being
investigated with counsel.

4. Extradition Proceedings
Extradition defines as "the removal of an accused from the Philippines with the object of placing him at the disposal of foreign
authorities to enable the requesting state or government to hold him in connection with any criminal investigation directed
against him or the execution of a penalty imposed on him under the penal or criminal law of the requesting state or government."
 The Extradition Law does not specifically indicate whether the extradition proceeding is criminal, civil, or a special
proceeding. Nevertheless, in the hearing of the extradition petition, the provisions of the Rules of Court, insofar as practicable
and not inconsistent with the summary nature of the proceedings, shall apply. During the hearing, the attorney having charge
of the case may, upon application by the Requesting State, represent the latter throughout the proceedings.
Upon conclusion of the hearing, the court shall render a decision granting the extradition and giving the reasons therefore upon
a showing of the existence of a prima facie case, or dismiss the petition . Said decision is appealable to the Court of Appeals,
whose decision shall be final and immediately executory. The provisions of the Rules of Court governing appeal in criminal cases
in the Court of Appeals shall apply in the aforementioned appeal, except for the required 15-day period to file brief.
5. Arbitration
After negotiations, when parties have mutually agreed that it is in their best interest and general benefit to settle their
differences with respect to their respective causes of action, claims or counterclaims, with a view to a renewal of their business
relations, the constitutional measure of due process is observed.

It is when the parties have reached a complete, absolute and final settlement of their claims, demands, counterclaims and
causes of action arising, directly or indirectly, from the facts and circumstances giving rise to petitions.
Academic Discipline

1. In General
Standards of procedural due process for academic purposes are:
 The students must be informed informed in writing of the nature oand cause of any accusation against them;
 They shall have the right to answer the charges against them, with the assistance of counsel, if desired;
 They shall be informed of the evidence against them;
 They shall have the right to adduce evidence in their own behalf; and
 The evidence must be duly considered by the investigating committee or official designated by the school authorities to
hear and decide the case.

Deportation Proceeding
1. In General

Although a deportation proceeding does not partake of the nature of a criminal action, however, considering that it is a harsh
and extraordinary administrative proceeding affecting the freedom and liberty of a person, the constitutional right of such
person to due process should not be denied. Thus, the provisions of the Rules of Court of the Philippines particularly on criminal
procedure are applicable to deportation proceedings.

Under Section 37(c) of the Philippine Immigration Act of 1940 as amended, it is provided:

No alien shall be deported without being informed of the specific grounds for deportation nor without being given a hearing
under rules of procedure to be prescribed by the Commissioner of Immigration.

Hence, the charge against an alien must specify the acts or omissions complained of which must be stated in ordinary and
concise language to enable a person of common understanding to know on what ground he is intended to be deported and
enable the CID to pronounce a proper judgment.

Regulations: Fixing of Rates and Regulation of Profession

Notice and hearing, as the fundamental requirements of procedural due process, are essential only when an administrative
body exercises its quasi-judicial function, but in the performance of its executive or legislative functions, such as issuing rules
and regulations, an administrative body need not comply with the requirements of notice and hearing.
1. Rates

A franchise, being merely a privilege emanating from the sovereign power of the state and owing its existence to a grant,
is subject to regulation by the state itself by virtue of its police power through its administrative agencies.

2. Profession

As a general rule, notice and hearing, as the fundamental requirements of procedural due process, are essential only when
an administrative body exercises its quasi-judicial function. In the performance of its executive or legislative functions, such
as issuing rules and regulations, an administrative body need not comply with the requirements of notice and hearing.

Dismissals, Suspension, Reinstatement etc….

1. Dismissals in Government Boards and Commissions

Section 46 of the Administrative Code of 1987 and Section 36 of Pres. Decree No. 807 which provides that "No officer or
employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process,"
not to speak of a similar provision under Article IX B, Sec. 2 (3) of the 1987 Constitution on the Civil Service Commission.
2. Dismissals in Private Sector
 There is illegal dismissal if, first, a person was not accorded a fair investigation as required by law, and second, because
the grounds invoked for his separation have not been proved.
The law is clear that even in the disposition of labor cases, due process must not be subordinated to expediency or
dispatch. It is true that administrative and quasi-judicial bodies are not bound by the technical rules of procedure in the
adjudication cases. However, the right to counsel, a very basic requirement of substantive due process, has to be
observed.
The Court ruled that the twin requirements of notice and hearing constitute essential elements of due process in the
dismissal of the employees.
Entrenched is the rule that the essence of due process does not necessarily require a hearing but simply reasonable
opportunity to explain one side. In labor cases, the filing of his position papers and supporting documents fulfil the
requirements of due process.
3. Preventive Suspension

While a preventive suspension order may originate from a complaint, the Ombudsman is not required to furnish the
respondent with a copy of the complaint prior to ordering a preventive suspension.

Ordinance/Status/Memo Cir/Rules
There is a distinction in administrative law between legislative rules and interpretative rules.The reason for this distinction is
that a legislative rule is in the nature of a subordinate legislation, designed to implement a primary legislation by providing the
details thereof. In the same way that laws must have the benefit of public hearing, it is generally required that before a legislative
rule is adopted there must be hearing.On the other hand, interpretative rules are designed to provide guidelines to the law
which the administrative agency is in charge of enforcing.

Motion for Reconsideration

Where a party has the opportunity to appeal or seek reconsideration of the action or ruling complained of, defects in
procedural due process may be cured.
The essence of due process is simple an opportunity to be heard. Denial of due process cannot be invoked by a party
who has had the opportunity to be heard on his motion for reconsideration.

I. Suretyship
Purpose of surety bond is to insure the if the rights of overseas workers are violated by their employers, recourse would
still be available to them against the local companies that recruited them for the foreign principal
J. Tariff and Customs Code
A forfeiture proceeding under tariff and customs laws is not penal in nature as they do not result in the conviction of the offender
nor in the imposition of the penalty. Seizure proceedings, such as those instituted in this case, are purely civil and administrative
in character, the main purpose of which is to enforce the administrative fines or forfeiture incident to unlawful importation of
goods or their deliberate possession. In a non-criminal proceeding, the right of the party to due process is not violated when
such party is not represented by a counsel. There is nothing in the Constitution that says a party in a non-criminal proceeding is
entitled to be represented by counsel and that without such representation he will not be bound by such proceeding.
K. Appeal
The right to appeal is not a natural right nor a part of due process; it is merely a statutory privilege, and may be exercised only
in the manner and in accordance with the provisions of the law.” Apparently, therefore, the constitutional requirement of due
process may be satisfied notwithstanding the denial of the right to appeal for the essence of due process is simply the
opportunity to be heard and to present evidence in support of one’s case.

It is self-evident from the ruling case law that the officer who reviews a case on appeal should not be the same person whose
decision is the subject of review. Thus, we have ruled that “the reviewing officer must perforce be other than the officer whose
decision is under review.”

L. Closure Proceeding
The closure and liquidation of a bank may be considered as an exercise of police power.
M. Biddings
Bids should be evaluated based on the required documents submitted before, and not after, the opening of bids; that should
further dispel any indiscriminate or whimsical exercise of discretion on its part.
It is the agency that should be in the best position to evaluate the feasibility of the projections of the bidders and to decide
which bid is compatible with its development plans. The discretion to accept or reject a bid and award contracts is vested in the
Government agencies entrusted with that function. The discretion given to the authorities on this matter is of such wide latitude
that the Courts will not interfere therewith, unless it is apparent that it is used as a shield to a fraudulent award.
O. Cancellation of Property Rights/Privileges

The cancellation of a certificate of registration is the equivalent of snuffing out the life of a labor organization. For without such
registration, it loses - as a rule - its rights under the Labor Code. Under the circumstances, petitioner was indisputably entitled
to be heard before a judgment could be rendered cancelling its certificate of registration was held that a decision rendered
without any hearing is null and void.
P. Administrative and Preliminary Investigation-Ombudsman
The Rules of Procedures of the Office of the Ombudsman [Administrative Order No. 07], particularly Sec. 7, in relation to Sec. 4,
while complainants in preliminary investigation before the Ombudsman actively participated therein, their participation is no
longer accorded to them as a matter of right in the stage of the reinvestigation. In administrative proceedings, moreover,
technical rules of procedure and evidence are not strictly applied; administrative due process cannot be fully equated with due
process in its strict judicial sense

9. Substantive Due Process

Substantive due process is an aspect of due process which serves as a restriction on the law-making and rule-making power of
the government.

The law itself, not merely the procedures by which the law would be enforced, should be fair, reasonable, and just.
It guarantees against the arbitrary power even when exercised according to proper forms and procedure.
10. Equal Protection of the Law
Equal protection requires that all persons or things similarly situated should be treated alike,
both as to rights conferred and responsibilities imposed.

Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate
against others.

It does not demand absolute equality among residents; it merely requires that all persons shall be treated alike, under like
circumstances and conditions both as to privileges conferred and liabilities enforced. The guarantee means that no person or
class of persons shall be denied the same protection of laws which is enjoyed by other persons or other classes in like
circumstances.

REQUISITES of VALID CLASSIFICATION:

It must rest on Substantial distinctions
It must be germane to the purpose of the law.
It must not be limited to existing conditions only.
It must apply equally to all members of the same class.

Standards of Judicial Review

a) Rational Basis Test: described as adopting a ‘deferential’ attitude towards legislative classifications. It applies to legislative
classifications in general, such as those pertaining to economic or social legislation.

b) Strict Scrutiny Test: A legislative classification which impermissibly interferes with the exercise of a fundamental right or
operates to the peculiar disadvantage of a suspect class is presumed unconstitutional, and the burden is upon government to
prove that the classification is necessary to achieve a compelling state interest and that it is the least restrictive means to protect
such interest. This is used on issues of speech, gender, and race.

c) Intermediate Scrutiny Test: government must show that the challenged classification serves an important state interest and
that the classification is at least substantially related to serving that interest.