DUE PROCESS – THE RIGHTS TO LIFE, LIBERTY &
PROPERTY
Due Process is a guaranty against any arbitrariness on the part of the government, whether committed by the legislature, the executive, or the judiciary (Cruz).
(1) Life (2) Liberty (3) Property Due process means that:
(1) There shall be a law prescribed in harmony with the general powers of the legislature;
(2) It shall be reasonable in its operation;
(3) It shall be enforced according to the regular methods of procedure prescribed; and
(4) It shall be applicable alike to all citizens of the S tate or to all of a class (People v. Cayat, G.R. No. L-45987, May 5, 1939).
1. RELATIVITY OF DUE PROCESS
The concept of due process is flexible for not all situations calling for procedural safeguards call for the same kind of procedure. (Secretary of Justice v. Lantion, 2000)
Flexibility of the concept of due process
To say that the concept of due process is flexible does not mean that judges are at large to apply it to any and all relationships. Its flexibility is in its scope once it has been determined that some process is due; it is a recognition that not all situations calling for procedural safeguards call for the same kind of procedure. (Morrissey v. Brewer, 1972)
2. PROCEDURAL AND SUBSTANTIVE DUE PROCESS
Substantive due process
• The prohibition of arbitrary laws.
• A guarantee against the exercise of arbitrary power e ven when the power is exercised according to proper forms and procedure.
REQUISITES OF SUBSTANTIVE DUE PROCESS 1. The interests of the public in general, as distinguished from those of a particular class, req uire the intervention of the state.
2. The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
Procedural due process
• Relates chiefly to the mode of procedure which government agencies must follow in the enforcement and application of laws.
• It is “a law which hears before it condemns; which proceeds upon enquiry, and renders judgment only after trial.”
• Contemplates notice and opportunity to be heard before judgment is rendered, affecting one’s person or
property. (Lopez v Dir. of Lands)
3. CONSTITUTIONAL AND STATUTORY DUE PROCESS
CONSTITUTIONAL DUE PROCESS
STATUTORY DUE PROCESS
Protects the individual from the government and assures him of his rights in criminal, civil or
administrative proceedings
While found in the Labor Code and Implementing Rules, it protects
employees from being unjustly terminated without just cause after notice and hearing (Agabon v. NLRC, G.R.
No. 158693, Nov. 17, 2004).
Due process in judicial proceedings
Requisites
(Banco Español v. Palanca, 37 Phil 921)
(1) An impartial court or tribunal clothed with judicial power to hear and determine the matter before it;
(2) Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings;
(3) The defendant must be given notice and opportunity to be heard; and
(4) Judgment must be rendered upon lawful hearing.
Due process in administrative proceedings
Requisites
(Ang Tibay v. CIR, 69 Phil 635)
(1) The right to a hearing, which includes the right to present one’s own case and submit evidence in support thereof;
(2) The tribunal must consider the evidence presented;
(3) The decision must have something to s upport itself;
(4) The evidence must be substantial;
(5) The decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected;
(6) The tribunal or body or any of its judges must act on its own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate;
(7) The board or body should, in all controversial q uestions, render its decision in such manner that the parties to the proceeding can know the various issues involved, and
the reason for the decision rendered.
NOTE:
• The heart of procedural due process, whether in judicial or administrative proceedings, is the need for notice and an opportunity to be heard.
• The quantum of proof in administrative proceedings in substantial evidence:
• Substantial evidence means “such reasonable evidence as a reasonable mind might accept as adequate to support a conclusion.”
• In administrative proceedings, technical rules of procedure and evidence are not strictly applied and administrative due process cannot be fully equated with due process in its strict judicial sense. (Samalia v. CA, 454 SCRA 438)
REQUISITES OF STUDENT DISCIPLINE PROCEEDINGS Student discipline proceedings may be summary and cross-examination is not an essential part thereof. However, to be valid, the following requirements must be met:
(1) Written notification sent to the student/s informing the nature and cause of any accusation against him/her;
(2) Opportunity to answer the charges, with the assistance of a counsel, if so desired;
(3) Presentation of one’s evidence and examination of adverse evidence;
(4) Evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case (Guzman v. NU, G.R. No. L-68288, July 11, 1986).
(5) The penalty imposed must be proportionate to the offense.
DUE PROCESS IN DEPORTATION PROCEEDINGS
Although deportation proceedings are not criminal in nature, the consequences can be as serious as those of a criminal prosecution. The provisions of the Rules of Court for criminal cases are applicable (Lao Gi v. CA, GR. No. 81789, Dec. 29, 1989.).
INSTANCES WHEN HEARINGS ARE NOT NECESSARY (1) When administrative agencies are exercising their
quasi-legislative functions (2) Abatement of nuisance per se
(3) Granting by courts of provisional remedies (4) Cases of preventive suspension
(5) Removal of temporary employees in the government service
(6) Issuance of warrants of distraint and/or levy by the BIR Commissioner
(7) Cancellation of the passport of a person c harged with a crime
(8) Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank
Notice
• Due process, which is a rule of fairness, requires that those who must obey a command must first know the command.
• The rule on publication of laws prior to their effectivity applies to:
(1) Statutes
(2) Presidential decrees and executive orders promulgated by the President in the exercise of his legislative powers as delegated by congress or directly conferred by the Constitution
(3) Administrative rules and regulations, if their purpose is to enforce or implement existing law pursuant to a valid delegation.
• DOES NOT apply to interpretative regulations and to those merely internal in nature.
“The publication of all presidential issuances of a public nature or of general applicability is a requirement of due process. It is a rule of law that before a person may be bound by law, he must first be o fficially and specifically informed of its contents.” (Tañada v. Tuvera, 136 SCRA 27)
Impartiality
The Supreme Court has repeatedly and consistently demanded the cold neutrality of an impartial judge as the indispensable imperative of due process. To bolster that requirement, [SC] held that the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. (Javier v.
COMELEC, 144 SCRA 194)
4. HIERARCHY OF RIGHTS Human rights favored over property rights
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) 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.
5. JUDICIAL STANDARDS OF REVIEW RATIONAL BASIS TEST
Government need only show that the challenged classification is rationally related to serving a legitimate state interest.
STRICT SCRUTINY TEST
Requires the government to show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.
There is compelling state interest when:
(1) The state have a compelling reason/interest to
reach into such legislation infringing into the private domain; and
(2) There is no other alternative
Strict scrutiny was applied in determining whether the requirements of substantive due process were met in an ordinance challenged in as unconstitutional in White Light.
The requirements of due process that must co ncur (as held in the case) are:
(1) Interest of the public generally, as opposed to a class;
(2) Means must be reasonably necessary for the accomplishment of the purpose and not unduly oppressive of private rights
(3) No other alternative less intrusive of private rights (4) Reasonable relation must exist between the purposes of the measure and the means employed for its accomplishment. (White Light Corporation v.
City of Manila, 2009)
INTERMEDIATE SCRUTINY TEST
Requires government to show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest.
Applies to suspect classifications
6. VOID-FOR-VAGUENESS DOCTRINE
• A statute is vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application.
• A vague statute is unconstitutional because:
(1) It violates due process for failing to accord persons fair notice of what conduct to avoid;
(2) It leaves law enforcers unbridled discretion in carrying out its provisions.
Overbreadth
A governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms. Ordinances that go beyond what is reasonably necessary to solve the problems. (Lucena Grand Central v JAC Liner, 452 SCRA 174