CONSTITUTIONAL LAW 2
B. PROCEDURAL AND SUBSTANTIVE DUE PROCESS DUE PROCESS
B.1 SCOPE
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.
Concerned with government action on established process when it makes intrusion into the private sphere.
B.2 SUBSTANTIVE DUE PROCESS
Substantive due process, asks whether the government has an adequate reason for taking away a person’s life, liberty, or property. [City of Manila v. Laguio (2005)]
In other words, substantive due process looks to whether there is a sufficient justification for the government’s action.
Substantive due process is an aspect of due process which serves as a restriction on the
109 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.
Requisites:
Due process of law means simply that
(a) There shall be a law prescribed in harmony with the general powers of the legislative department of the Government;
(b) This law shall be reasonable in its operation;
(c) It shall be enforced according to the regular methods of procedure prescribed;
and
(d) It shall be applicable alike to all the citizens of the state or to all of a class.
[Rubi v. Provincial Board of Mindoro (1919)]
B.3 PROCEDURAL DUE PROCESS In Civil 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. [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. [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. [Reyes v. CA (1977)]
110 In Administrative Proceedings
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. [Ang Tibay v. CIR (1940)]
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. [Lumiqued v. Estrada (1997)]
In Criminal Proceedings
See Rights of the Accused, Topic 1 Criminal Due Process
In the conduct of the criminal proceedings, it cannot be said that the State has been denied due process unless there is an indication that the special prosecutor deliberately and willfully failed to present available evidence or that other evidence could be secured. [People v.
Sandiganbayan (2012)]
In Academic Disciplinary Proceedings Requisites:
(a) The students must be informed in writing of the nature and cause of any accusation against them;
(b) They shall have the right to answer the charges against them, with the assistance of counsel, if desired;
(c) They shall be informed of the evidence against them;
(d) They shall have the right to adduce evidence in their own behalf;
(e) The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case [Non v. Dames (1990)]
In Labor Cases
The Labor Code requires twin requirements of notice and hearing for a valid dismissal.
However, the Court in Serrano v. NLRC clarified that this “procedural due process” requirement is not constitutional but merely statutory, hence, a violation of such requirement does not render the dismissal void.
There are three reasons why violation by the employer of the notice requirement cannot be considered a denial of due process resulting in the nullity of the employee's dismissal or layoff:
(1) The Due Process Clause of the Constitution is a limitation on governmental powers. It does not apply to the exercise of private power, such as the termination of employment under the Labor Code.
(2) Notice and hearing are required under the Due Process Clause before the power of organized society are brought to bear upon the individual. This is obviously not the case of termination of employment under Art. 283.
111 (3) The employer cannot really be expected to
be entirely an impartial judge of his own cause. [Serrano v. NLRC (2000)]
C. SUBSTANTIVE DUE PROCESS
Laws which interfere with life, liberty or property satisfy substantive due process when there is:
(a) Lawful object i.e. the interests of the public in general (as distinguished from those of a particular class) require the intervention of the State, and
(b) Lawful means i.e. means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals. [US v.
Toribio (1910)]
Publication of laws is part of substantive due process. It is a rule of law that before a person may be bound by law, he must be officially and specifically informed of its contents. For the publication requirement, “laws” refer to all statutes, including those of local application and private laws. This does not cover internal regulations issued by administrative agencies, which are governed by the Local Government Code. Publication must be full, or there is none at all. [Tañada v. Tuvera (1986)]
Governmental functions are classified into:
(1) Constituent – constitute the very bonds of society and are compulsory in nature (i.e.
public order, administration of justice and foreign relations)
(2) Ministrant – undertaken only by way of advancing the general interests of society, and are merely optional on the part of the State (i.e. public education, public charity and regulations of trade and industry) [Concurring Opinion of Justice Fernando in ACCFA v. CUGCO (1969)]