!"#$%"& (")*#+ ,+-. / 01+$2 $ 34565 Constitutional Law 2 NIBTERNS REvIEWER | Atty. Naita Chan-uonzaga | SY 1S14 Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. "#$%% &$%'( )*+%$, *- (#% &*.%$/0%/( 1.Police Powei The most essential, insistent anu least limitable of the poweis, extenuing to all the gieat public neeus Inheient anu plenaiy powei of the State which enables it to piohibit all that is huitful to the comfoit, safety, anu welfaie of society The powei vesteu in the Legislatuie by the Constitution to make, oiuain, anu establish all mannei of wholesome anu ieasonable laws, statues, oiuinances, eithei with penalties oi without, not iepugnant to the Constitution, as they shall juuge to be foi the goou anu welfaie of the commonwealth, anu of the subjects of the same 2.Powei of Eminent Bomain S.Powei of Taxation 12% )$*3%,, 1.Pioceuuial Relates to the moue of pioceuuie which goveinment agencies must follow in the enfoicement anu application of laws uuaiantee of pioceuuial faiiness 2.Substantive Piohibition of aibitiaiy laws uuaiantee against the exeicise of aibitiaiy powei )$*3%42$'5 12% )$*3%,, 6/ 724636'5 )$*3%%46/8, 1.CouitTiibunal clotheu with juuicial powei to heai anu ueteimine the mattei befoie it 2.}uiisuiction must be lawfully acquiieu ovei the peison of the uefenuant oi ovei the piopeity which is the subjects of the pioceeuing S.Befenuant must be given an oppoitunity to be heaiu 4.}uugment must be ienueieu upon lawful heaiing )$*3%42$'5 12% )$*3%,, 6/ 9406/6,($'(6.% )$*3%%46/8, 1.Right to a heaiing, which incluues the iight to piesent one's case anu submit eviuence in suppoit theieof 2.The tiibunal must consiuei the eviuence piesenteu S.The uecision must have something to suppoit itself 4.Eviuence must be substantial, meaning such ieasonable eviuence as a ieasonable minu might accept as auequate suppoit to a conclusion S.The uecision must be base on the eviuence piesenteu at the heaiing, oi at least containeu in the iecoiu anu uiscloseu to the paities affecteu 6.The tiibunalbouy oi any of it juuges must act on its own inuepenuent consiueiation of the law anu facts of the contioveisy, anu not simply accept the views of a suboiuinate 7.The Boaiu oi bouy shoulu, in all contioveisial questions, ienuei its uecision in such a mannei that the paities to a pioceeuing can know vaiious issues involveu, anu the ieason foi the uecision ienueieu In !"#$%%" ' () 1.Right to actual oi constiuctive notice of the institution of pioceeuings which may affect a iesponuent's legal iights 2.A ieal oppoitunity to be heau peisonally oi with the assistance of counsel, to piesent witnesses anu eviuence in one's favoi, anu to uefenu one's iights 3!"#$%"& (")*#+ ,+-. / 01+$2 $ 3456 Constitutional Law 2 NIBTERNS REvIEWER | Atty. Naita Chan uonzaga | SY 1S14 S.A tiibunal vesteu with competent juiisuiction anu so constituteu as to affoiu a peison chaigeu auministiatively a ieasonable guaiantee of honesty as well as impaitiality 4.A finuing by saiu tiibunal which is suppoiteu by substantial eviuence submitteu foi consiueiation uuiing the heaiing oi containeu in the iecoius oi maue known to the paities :'-%82'$4, 6/ 16,36;56/'$< )$*3%42$% = >'8/' ?'$(' -*$ "%'3#%$, Eveiy teachei shall enjoy equitable safeguaius at each stage of any uisciplinaiy pioceuuie anu shall have 1.The iight to be infoimeu, in wiiting, of the chaiges 2.The iight to full access to the eviuence in the case S.The iight to uefenu himself anu to be uefenueu by a iepiesentative of his choice anoi by his oiganization, auequate time being given to the teachei foi the piepaiation of his uefense 4.The iight ot appeal to cleaily uesignateu school authoiities. No publicity shall be given to any uisciplinaiy action being taken against a teachei uuiing the penuency of his case )$*3%42$'5 12% )$*3%,, 6/ :3#**5 1.The stuuent must be infoimeu in wiiting of the natuie anu cause of any accusation against them 2.They shall have the iight to answei the chaiges against them, with the assistance of counsel, if uesiieu S.They shall be infoimeu of the eviuence against them 4.They shall have the iight to auuuce eviuence in theii own behalf S.The eviuence must be uuly consiueieu by the investigating committee oi official uesignateu by the school authoiities to heai anu ueciue the case )2$;*,% *- )$*3%42$'5 12% )$*3%,, 1.Contiibutes to the accuiacy anu thus minimizes eiiois in uepiivations 2.To the peison who is the subject of uepiivation, it gives him a sense of iational paiticipation in a uecision that can affect his uestiny anu thus enhances his uignity as a thinking peison. @*64A-*$A.'82%/%,, 4*3($6/% A statute which eithei foibius oi iequiies the uoing of an act in teims so vague that men of common intelligence must necessaiily guess at its meaning anu uiffei as to its application Repugnant to the Constitution because: a.It violateu uue piocess foi failuie to accoiu peisons, especially the paities taigeteu by it, faii notice of the conuuct to avoiu b.It leaves law enfoiceis unbiiuleu uiscietion in caiiying out its piovisions anu becomes anu aibitiaiy flexing of the uoveinment muscle B.%$C$%'4(# 1*3($6/% A goveinmental puipose may not be achieveu by means which sweep unnecessaiily bioauly anu theieby invaue the aiea of piotecteu fieeuoms Sweeping exeicise of a lawmaking powei @'564 DE%$36,% *- )*563% )*+%$F:2C,('/(6.% 12% )$*3%,, 1.The state inteifeies in the inteiests of the public geneially anu not just a paiticulai class 2.The means aie ieasonably necessaiy foi the accomplishment of the puipose anu not unuuly oppiessive upon inuiviuuals !"#$%"& (")*#+ ,+-. / 01+$2 $ 34567 Constitutional Law 2 NIBTERNS REvIEWER | Atty. Naita Chan-uonzaga | SY 1S14 "%,( -*$ @'5646(< *- '/ B$46/'/3% 1.It must not contiavene the Constitution oi any statute 2.It must not be unfaii oi oppiessive S.It must not be paitial oi uisciiminatoiy 4.It must not piohibit but meiely iegulate tiaue S.It must be geneial anu consistent with public policy 6.It must not be unieasonable DG2'5 )$*(%3(6*/ 1%-6/6(6*/ A specific constitutional guaiantee of the equality of the peison. The equality it guaiantees is H5%8'5 %G2'56(