Bill of Rights – Section 11897 PHILIPPINE CONSTITUTION

Brain teaser

Killuah was accused of publishing content that is against the government and was immediately put in jail after he was seen walking in the park. He was sentenced for 6 years imprisonment.

Gon, who was accused of murder was deprived of his life when he was sentenced for life imprisonment after a speedy, impartial, and public trial.

Art.III Section 1

No person shall be deprive of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Life, Liberty, and Property

Life• as protected by

due process of law, means something more than mere animal existence.

Liberty • as protected by

due process of law, denotes not merely freedom from physical restraint e.g. imprisonment

Property• as protected by

due process of law, may refer to the thing itself or to the right over a thing.

What constitute deprivation?

• Not only taking away life but also the loss of various physical and mental attributes

Life

• Not necessary confinement or detention but a person is unduly prevented from acting the way he wishes to do

Liberty

• Not only mean taking away the property but also when its value is destroyed or its adaptability, or its capability for enjoyment is impaired

Property

Due process of law

Any deprivation of life, liberty or

property is with due process of law, if it is done:

1. Under the authority of law is valid or the Constitution itself

2. After a compliance with fair and reasonable methods of the procedure prescribed by law

Due Process of Law

1. Procedural due process – The manner or procedure which must be followed in the enforcement or application of law.

• “hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.”

• Its indispensable requisite is the requirement of notice and hearing

Due Process of Law

2. Substantive Due Process – Requires that the law is fair, reasonable, and just.

• No person shall be deprived of life, liberty, or property for arbitrary reasons or on flimsy grounds.

Procedural due process

1. In judicial proceedings

A. An impartial court clothed by law with authority to hear and determine the matter before it;

B. Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the proceeding;

C. Opportunity

to be heard given the defendant; and

D. Judgment to be rendered after the lawful hearing.

Procedural due process

2. In administrative proceedings –

• In certain proceedings of an administrative character, notice and hearing may be dispensed with, where because of public need or for practical reasons, the same is not feasible. Thus, an offender may be arrested pending the filing of charges, or an officer or employee may be suspended pending an investigation for violation of civil service rules and regulation

Substantive due process• The law in question affecting life, liberty, or property be a

valid law, i.e., within the power of the law-making body to enact and is reasonable in its operation.

Tax which is impose for private purpose constitutes a taking of property w/out due process.

Taking of property for private use or without payment of just compensation offends substantive due process.

Equal Protection of Law

It signifies that “all persons subject to legislation should be treated alike, under like circumstance and conditions both in the privileges conferred and liabilities imposed.”

What it prohibits is class legislation, which discriminates against some and favors others when both are similarly situated or circumstanced.

Sample Case:

• If A is a doctor who earns Php. 35,000/month, and B a teacher who is earning 12,000/month, if they will be taxed with the same amount of Php. 800/month, is it just and fair? Does this observed Equal Protection of the Law?

• Answer : No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income.

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