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CONSTITUTIONAL LAW 2

M 6-9 PM// Judge Karen Canullas - Armada


Topic: Due Process (Day 2)
Date: 01 Sept. 2017, 11:00 AM 1:00 PM

Article III, Section 1 pretty much summarizes the Bill of Rights:


Say we deprive free speech, this deprives liberty. If we deprive a person just
compensation on taking of property, the government deprives a person property.
This said, violation of any of the rights enumerated in the Bill of Rights is a
violation of Article III, Section 1 due process clause.

(Please look at previous discussion of the meaning and coverage of life, liberty, and
property.)

Two aspects of due process


1. Procedural due process refers to the procedures the government must follow
before it deprives a person of life, liberty, or property. (Keywords: Implementation,
Procedure)
2. Substantive due process refers to the adequacy of reason for taking away life,
liberty, and property; challenges a law for its constitutionality. Key question is
Does the law violate a right or not?. (Keywords: Purpose, justification)

General requisites of due process


1. There must be a 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 property
which is the subject of the proceedings;
3. The defendant must be given an opportunity to be heard; and,
4. Judgment must be rendered upon lawful hearing. (NAPOCOR vs. Sps. Chiong)

*Note: Come up with list of exceptions on opportunity to be heard (Kasama ata to sa


exam)

Requirement of publication is part of substantial due process

*Revisit Taada vs. Tuvera also for list of exceptions, i.e. laws/issuances that need not
be published.

Is appeal a natural right? NO. It is merely a statutory right. Thus, when the Congress
repeals the law granting appeal as a remedy, it can not be availed.

*Note: Memorize due process of administrative law (see Ang Tibay vs. Commissioner of
Internal Revenue). Check also the quantum of evidence required for conviction.

Prepared by AJCMamaril/ Page 1 of 2


CONSTITUTIONAL LAW 2
M 6-9 PM// Judge Karen Canullas - Armada
Requisites of Substantive Due Process
1. Interest(s) of the public, in general
2. The means employed are reasonably necessary for accomplishment of purpose and
not unduly oppressive on individuals

Case: Estrada vs. Sandiganbayan, G.R. No.

Prepared by AJCMamaril/ Page 2 of 2