• The most essential, insistent and least limitable of powers, extending as it does to all the great public needs. It enables the state to prohibit all that is hurtful to the comfort, safety, and welfare of society. • It is one of the three power of the states, but is not explicitly
mentioned in the constitution. It rests upon public necessity and the right of the state and public to self protection. Its scope then expands and contracts with changing needs.
• Power vested in the legislature by the constitution to make, ordain, establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of subjects of the same.
• Police power regulates the exercise of life, liberty, and property. The bill of rights says we have rights to those three, even though police power is not mentioned, police power limits these. Since our constitution is one of limitations, the constitution says whenever it impinges, it is tested against the safeguards of due process of law and equal protection before the law.
• Due process of law only kicks in when there is a deprivation of life, liberty, or property. It applies however to government, not
individuals.
• Writ of Amparo: remedy available to any person whose right to life, liberty, and security is violated with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.
$+" Due Process
Procedural Due Process Definitions, Requisites:
Daniel Webster in Dartmouth College – due process of law is law that hears before it condemns, proceeds upon enquiry, and renders judgment only after trial.
Banco Espanol Filipino v Palanca – requisites of due process (1) court with judicial power
(2) with jurisdiction over the case
(3) defendant must be given a chance to be heard and (4) judgment must be rendered upon lawful hearing.
Ang Tibay v Court of Industrial Relations – cardinal primary requirements in administrative cases include
(1) right to a hearing and present one’s case (2) the tribunal must consider the evidence (3) decision must have something to support itself (4) evidence must be substantial
(5) decision must be based on the evidence presented at hearing (6) tribunal must act on its own independent consideration of law and facts
(7) the board should render its decision in such manner that the parties to the proceeding can know the various issues and reason for the decision rendered.
Purpose
(a) Contributes to accuracy of the proceedings
(b) it gives the accused/petitioner a sense of rational participation in a decision that can affect his destiny, enhancing his dignity as a thinking person.
Bernas: Other Notes on Procedural Due Process
The hearing officer does not have to be the one who decides the case, but the officer who reviews a case cannot be the same person whose decision is on appeal.
Notice and hearing are not prerequisites in the promulgation of rules though they are in judicial and quasi-judicial proceedings. Fixing rates as a quasi-judicial process requires a hearing.
Guzman v National University – proceedings in disciplinary cases involving students are different from those in courts of justice. The minimum standards are
(1) the student must be informed in writing of the nature and cause of accusation
(2) they shall have the right to answer the charges against them, with assistance of counsel if desired.
(3) They shall be informed of the evidence against them
(4) They shall have the right to adduce evidence in their own behalf (5) The evidence must be duly considered by those in charge of hearing
the case
Substantive Due Process:
Content, laws must have a reasonable basis.
Lawton v Steel – The state may interfere wherever the public interest demands it… it must appear first that the interests of the public and second that the means are reasonably necessary for the accomplishment of the purpose and not undult oppressive upon individuals.
Determination as to what is proper exercise of police power by the legislature is not final but subject to the supervision of the courts. The legislative rarely met judicial disapproval.
Requirement of Publication
For clarity, to prevent vagueness and overbreadth.
Anything vague is defective because it fails to give notice of its
commands, although there is a presumption of constitutionality that any potential challenger will have to get past (such as what happened with the Plunder Law that was not successfully challenged by President Estrada).
Overbreadth generally involves vagueness in reference to freedom of speech; it has a chilling effect.
$!" Tolentino v Board of Accountancy – no person or class shall be deprived of
the same protection of the laws which is enjoyed by other persons in similar circumstances
People v Cayat – classification must (1) rest on substantial distinction (2) be germane to the purpose of the law (3) not be limited to existing conditions only and (4) must apply equally to all members of the same class
Strict Scrutiny Test – prove compelling state interest and necessity of classification, race, national origin, alienage, denying right to vote, etc. Intermediate Scrutiny Test – important state interest, classification is substantially related, gender, legitimacy
Rational basis Scrutiny Test – classification is rationally related to a legitimate state interest
International School Alliance of Educators v Quisimbing – foreign and Filipino teachers deserve the same compensation.
British American Tobacco - New and old brands can be taxed differently to avert prize wars.
Sison Jr v Ancheta – Classification is rational in character is allowable. Central Bank Employees v Bangko Sentral – relative unconstitutionality as the classification only applied according to the third standard. The
classification was only applicable to present conditions.
Smith Bell and Co. v Natividad – alienage is a rational classification. Equal protection before the law has been taken into account additionally in adjustments resulting from war, the political process, land reform, the crinminal process, women, etc.
Hierarchy of Rights
Right to life and liberty are of higher than order than property. Life and liberty impingement uses strict scrutiny.
Police power will usually win over property. Freedom to contract bows to police power. Police power can be used to enforce taxation.
Caroline Products Footnote: Narrower scope for operation of the presumption of constitutionality, if it collides with specific provisions. Freedom of speech and of the press is specific. Liberty arguably includes freedom of speech, but there are special specific rights mentioned by the bill of rights. If it affects discrete and insular minorities and their access to the political system, it also requires strict scrutiny.
1. In General