BILL OF RIGHTS (Section 1)

Tuesday, 21 January 2020

8:28 PM

No person shall be deprived of life, liberty, or property without due

process of law, nor shall he be denied the equal protection of the laws.

What does life include?

 Right of an individual to his body in its completeness
o Free from dismemberment
o Use of God-given faculties which make life enjoyable

What does liberty include?

 The right to exist
 Right to be free from arbitrary personal restraint or servitude

What is Property?
 Right of ownership
 Subject of contract

When is a person deprived of his property?

 Physically taken
 Value is destroyed

Is employment trade or profession a property right?

Yes; wrongful interference therewith is an actionable wrong.

A orders the suspension of B without opportunity for hearing. What rights are violated?

Property rights; employment trade or profession is a property right and wrongful interference therewith is
an actionable wrong

DUE PROCESS OF LAW

What is the concept of due process?

Due Process is attained in a law which hears before it condemns.

What are the requisites of procedural due process in judicial proceedings?

 Impartial Court or Tribunal
 Jurisdiction over person and over property which is the subject matter of the proceeding
 Opportunity to be heard
 Judgement rendered upon lawful hearing and evidence adduced

IMPARTIAL COURT

Is there a denial of due process when a Judge insists on participating in a case despite being the
former law partner of the respondent?
Yes. In the case of Javier v. Comelec, it was ruled that the close relationship of the commissioner and the
respondent denies the petitioner the "cold neutrality of an impartial judge". Therefore there is a denial of
due process.

Is there a denial of due process if a judge who decided a case also decides it on appeal?

Yes. In the case of GSIS v Court of Appeals it was ruled that a public officer who decides a case should
not be the one to decide it on appeal because he cannot be an impartial judge. Therefore, there is a denial
of due process.

Is there a denial of due process when a judge asks questions to the witness?

No. In the case of People v. Herida, the Supreme Court held that it was necessary to ask questions
because it is the duty of the judge to ask questions that would elicit the facts of the issues involved, clarify
ambiguous remarks by witnesses, and address the points overlooked by counsel. Therefore, there is no
denial of due process.

When a judge gives his honest observation on the testimony and demeanor of the witnesses, is
there a violation of due process?

No. In the case of People v Larranaga, it was ruled that the remarks made by the judge to the witnesses
were necessary to ascertain the veracity of their contradictory statements which is necessary for the
interest of justice. Therefore, there is no denial of due process.

JURISDICTION

When can jurisdiction over the person of the defendant be acquired?

 Service of summons
 Voluntary appearance before the court
o includes submission of pleadings in compliance with the order of the court or tribunal

What is the importance of the service of summons?

 Give court jurisdiction over the person of the defendant
 Opportunity to be heard

OPPORTUNITY TO BE HEARD

What does the opportunity to be heard include?

 Verbal arguments in court
 Pleadings

How should the parties to a litigation be informed?

They should be informed on how the case was decided with an explanation of the factual and legal
reasons that led to the conclusions of the court as held in the case of Insular Life Assurance Co. v. Young.

Is publication a part of due process?

Yes. Publication is imperative to the validity of laws, presidential decrees and executive orders,
administrative rules and regulations, and is an indispensable part of due process.
JUDGEMENT UPON LAWFUL HEARING AND OF EVIDENCE ADDUCED

How are decisions made in court?

According to The Constitution, no decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based.

Should the courts be liberal in setting aside orders of default?

Yes. Courts should be liberal in their decisions for the interest of justice.

Procedural Due Process Substantive Due Process

Restriction on actions of judicial and quasi-judicial Restriction on the government's law and rule-
agencies of the government; guarantee of making powers
procedural fairness
Presence of reasonableness; absence of exercise of -
arbitrary power

What are the requisites of substantive due process?

 Interest of the public in general require intervention of the State

 Means employed are reasonably necessary for the accomplishment; not oppressive on individuals

What are the requirements of procedural due process in administrative proceedings?

 The right to hearing (present one's case and submit evidence ins support thereof)
 Tribunal must consider the evidence presented
 Decision must have something to support itself
 Evidence must be substantial
 Decision must be rendered on evidence presented
 Tribunal must act on its own independent consideration of the law and facts of controversy
 Decision must be rendered in a manner that the parties to the proceedings can know the various
issues involved and the reasons for the decisions rendered.

Constitutional Due Process Statutory Due Process

Protects the individual from Protects employees from being unjustly terminated without just
government cause after notice of hearing
Assures the individual of his rights in Found in Labor Code and Implementing Rules
criminal, civil, or administrative
proceedings

EQUAL PROTECTION

Are Juridical Persons included in the equal protection clause?

Yes, insofar as their property is concerned.

 Does the doctrine prohibit classification?

No, so long as the classification is reasonable. For a classification to be reasonable it must rest on
substantial distinction; must be germane to the purpose of law; must not be limited to existing conditions
only; and, must apply equally to all members of the same class.

What is the Enjoyment Equality Principle?

It means equality in the enjoyment of similar rights and privileges granted by law; that no person or class
of persons shall be denied the same protection of law enjoyed by the same class. It does not, however,
guarantee economic equality; only equality before the law.

Are anonymous letters permissible?

Yes. Anonymous letters do not violate the equal protection clause inasmuch as they protect the
complainants.

What is a class legislation?

A bill for a specific class where others do not benefit; for a specific person.

Is religious practice a reason for valid distinction?

Yes. In the case of Gonzales v. Central Azucarera de Tarlac Union, the court ruled that exempting
members of religious organizations in joining memberships in union is a valid classification because the
classification rests on real and not imaginary distinctions.

STANDARD TESTS OF JUDICIAL REVIEW

 RATIONAL BASIS TEST

 STRICT SCRUTINY TEST

III. INTERMEDIATE SCRUTINY TEST.