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Deprivation -‐ as applied to due process, (1) valid governmental objective (lawful
connotes “denial of the right to life, liberty or subject)
property”
(2) objective is pursued in a lawful manner
(lawful means) – the means employed
-‐ Deprivation per se is not necessarily
must be reasonably related to the
unconstitutional; what is prohibited is
accomplishment of the purpose and not
deprivation of life, liberty or property without
unduly oppressive
due process of law.
Life – connotes “integrity of the physical person”
B. Procedural Due Process – a limitation on the
hence it is not permissible for the government to
judicial and quasi-‐judicial bodies of the
deprive the individual of any part of his body,
government
even if it be as punishment for crime
-‐ Before the State can deprive a person of his life,
-‐ The right to life means not only the protection
liberty, or property, it must be in accordance with
of the right to be alive or to the security of one’s
the procedures prescribed by law (requires notice
limb against physical harm but also the right to a
and hearing)
good life…a life of dignity…and a decent
standard of living.
1) Judicial Due Process
Liberty – includes the right to exist and the right
to be free from arbitrary personal restraint or Requirements: (Note: These apply only to non-‐
servitude. criminal/civil cases) (IJHJ)
Property – anything that can come under the 1. Impartial and competent court vested with
right of ownership and be the subject of contract judicial power to hear and determine the matter
before it.
§ A court affected with bias and prejudice
cannot be expected to render a fair and 2. Jurisdiction must be lawfully acquired over the
impartial decision person of the defendant and over the property
which is the subject matter of the proceeding.
§ Every litigant is entitled to the “cold neutrality
of an impartial judge”
3. The defendant must be given an opportunity
to be heard (Hearing).
-‐ As described in Javier v. COMELEC, “the
judge must not only be impartial but must § Notice to a party is essential to enable it
also appear to be impartial as an added to adduce its own evidence and to meet
assurance to the parties that his decision and refute the evidence submitted by the
will be just. They must trust the judge and other party.
must believe in his sense of fairness xxx § Every litigant is entitled to his day in
Without such confidence, there would be court, be notified of every incident of the
no point in invoking his action for the proceeding and to be present in every
justice they expect.” stage thereof.
§ A decision rendered without a hearing is
§ On disqualification of judges (Rule 137, Sec. 1, null and void.
Rules of Court):
Note: Due process does not always require trial-‐
Rule: Without the written consent of all the type proceedings. “To be heard” does not only
parties, no judge or judicial officer shall sit in any mean verbal arguments in court. One may be
case in which: heard also through pleadings. Where opportunity
to be heard, either through oral arguments or
o He or his wife or child is pecuniarily
pleadings, is accorded, there is no denial of
interested as heir, legatee, creditor, or
procedural due process.
otherwise
o Is related to either party within the 6th However, there are instances where notice &
degree of consanguinity or affinity or to hearing may be omitted without violating due
counsel within the 4th degree process:
o Has been executor, administrator,
guardian, trustee or counsel o Cancellation of passport of a person sought
o Has presided in any inferior court when his for the commission of a crime
ruling or decision is the subject of review o Preventive suspension of a civil servant facing
administrative charges
However, if all the parties in interest consent, o Distraint of properties for tax delinquency
then such judge or judicial officer may sit in the o Issuance of temporary restraining orders,
cases specified above. writs of preliminary attachments or writs of
possession
Further, a judge may, in the exercise of his sound
o Abatement of nuisances per se
discretion, disqualify himself from sitting in a
case, for just or valid reasons other than those
v Rule on Nuisances
mentioned above.
ü Nuisance per se (objectionable under any
§ Competent court – one vested with & all circumstances because it presents an
jurisdiction over a case as conferred upon it by immediate danger to the welfare of the
law community)
= may be abated summarily (without the for resolution on the basis of affidavits and
necessity of judicial authorization) pleadings.
ü Nuisance per accidens (objectionable
only under some but not all
Requisites:
circumstances, there being situations
when it is legitimate & acceptable) = 1. Right to a hearing (including right to present
abated only upon judicial authorization one’s case & submit evidence in support thereof)
(EXCEPTION: If legislature has authorized
its summary abatement, provided the 2. The tribunal must consider the evidence
nuisance per accidens is of trifling value presented.
only)
3. The decision must have something to support
itself.
o Statutory presumptions -‐ provided there is a
rational or natural connection between the 4. Evidence must be substantial.
fact proved and the fact ultimately presumed
5. The decision must be rendered on the
from such fact.
evidence presented at the hearing, or at least
contained in the record and disclosed to the
parties affected.
Appeal – Right to appeal is not essential to right
to hearing 6. The tribunal or body or any of its judges must
act on its or his own independent consideration
Gen. Rule: Appeal may be allowed or denied by
of the law and facts of the controversy (and not
the legislature in its discretion
simply accept the views of a subordinate in
Exception: If guaranteed by the Constitution arriving at a decision)
(such as those cases specified in Art. 8, Sec. 5(2)).
7. The decision is rendered in such a manner that
A denial of such remedy is a denial of due
the parties to the proceeding can know of the
process.
various issues involved, and the reason for the
NOTE: As long as the litigant is given his day in decision rendered.
court, the requirements of due process are
deemed satisfied and he cannot demand as a
matter of right another day in the appellate
court.
EQUAL PROTECTION
“xxx nor shall any person be denied the equal
4. Judgment must be rendered upon lawful
protection of the laws.”
hearing.
> Art. 8, Sec. 14, 1987: “No decision shall be Doctrine of Separate but Equal Rights (Plessy v.
rendered by any court without expressing therein Ferguson) – racial segregation between white
clearly and distinctly the facts and the law on and black persons: so long as the rights are equal,
which it is based.” it does not violate the equal protection clause
even if they be enjoyed separately
2.) Administrative Due Process – notice & -‐ such doctrine was abandoned in Brown v. Board
hearing are not indispensible in administrative of Education in Topeka with the new ruling that
investigations; hence, cases may be submitted the compulsory separation of the two races in
public schools was unconstitutional
Equal Protection – equality before the law; all substantial distinctions which make for
persons or things similarly situated shall be real and reasonable differences
treated alike, both as to rights conferred and (distinctions between citizens and aliens,
responsibilities impose. minors and adults)
§ the Congress provides for a valid
§ similar subjects should not be treated
classification
differently, so as to give undue favor to
some and unjustly discriminate against 2. It must be GERMANE to the PURPOSES OF
others THE LAW (Relevance)
§ the equal protection clause is directed
Example: Physical strength -‐> difference in
principally against undue favor and
physical stamina between men & women would
individual or class privilege
justify the prohibition of the latter from
§ substantive equality is not enough; it is
employment in heavy or strenuous work but on
required that the law be enforced and
the basis of this same classification the law
applied equally because even if the law be
cannot provide for a lower passing average for
fair and impartial on its face, it will still
women in the bar exams because physical
violate equal protection if it is
strength is not the test for admission to the legal
administered in a manner that would
profession.
unjustly benefit some and prejudice
others 3. It must NOT be LIMITED TO EXISTING
§ DP clause attacks arbitrariness in general; CONDITIONS only (Duration)
while EP clause attacks unwarranted
partiality or prejudice. -‐ The classification must be enforced not only for
the present but as long as the problem sought to
Persons Protected: available to all persons, be corrected continues to exist; it should be in
natural & artificial/juridical (entitled only insofar terms applicable to future conditions as well.
as their property is concerned)
4. It must APPLY EQUALLY TO ALL MEMBERS
Classification – the grouping of persons or things OF THE CLASS (Applicability to All)
similar to each other in certain particulars and
different from all others in these same particulars -‐ Members of the same class should be treated
similarly both as to rights conferred and
§ The EP clause does not require the obligations imposed, otherwise the classification
universal application of the laws that it will be invalid.
operates on all people without distinction;
it is not required that the law provide for
equality among all persons if they not
similarly situated, what the Constitution
requires is equality among equals.