Due Process of Law

-the general law, a law which hears before it condemns, which proceeds upon inquiry and renders judgment
only after trial.1
No person shall be deprived of life, liberty, or property without due process of law.2
Person
The Supreme Court annulled a city ordinance requiring aliens to obtain a work permit from the mayor as a
precondition for employment, holding that “while it is true that the Philippines as a State is not obliged to
admit aliens within its territory, once an alien is admitted, he cannot be deprived of life without due process
of law. This guarantee includes the means of livelihood.”3
Deprivation
To deprive is to “take away forcibly, to prevent from possessing, enjoying or using something.” As
applied to due process, deprivation connotes denial of the right to life, liberty or property.
Deprivation per se is not necessarily unconstitutional. What is prohibited is deprivation of life, liberty
or property without due process of law.
Life
Life as understood under the due process clause connotes in the first place the integrity of the physical
person. The meaning is that it is not permissible for the government to deprive the individual of any part of
his body, and this is true even if it be as punishment for crime.
Life commences upon “conception, that is, upon fertilization.4” Hence, the obligation upon the State
to “equally protect the life of the mother and the life of the unborn from conception 5” and “to prevent the
Legislature from enacting a measure legalizing abortion.6”
Liberty
Liberty is the freedom to do right, but never wrong; it is ever guided by reason and the upright and
honorable conscience of the individual.
Property
Property is anything that can come under the right of ownership and be the subject of contract.
Substantive due process
Substantive due process requires the intrinsic validity of the law in interfering with the rights of the
person to his life, liberty or property.
Whether or not it is proper exercise of legislative power.
The interests of the public generally as distinguished from those of a particular class require the
intervention of the State. It must be pursued in a lawful manner, or in other words, the means employed must
be reasonably related to the accomplishment of the purpose and not unduly oppressive.

1
Dartmouth College v. Woodward,4 Wheaton 518, Daniel Webster
2
Article III, Section 1, Constitution
3
Villegas v. Hiu Chong 86 SCRA 270
4
Imbong v. Ochoa, April 08, 2014
5
Article II, Section 12, Constitution
6
Imbong v. Ochoa, April 08, 2014
Procedural due process
Strike, but hear me first!
Judicial due process
1. There must be an impartial 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 and over the property which
is the subject matter of the proceeding.
3. The defendant must be given an opportunity to be heard.
4. Judgment must be rendered upon lawful hearing
Competent court-one vested with jurisdiction over a case as conferred upon it by law.
Due process is not violated where a person is not heard because he has chosen, for whatever reason,
not to be heard. If he opts to be silent where he has a right to speak, he cannot later be heard to complain that
he was unduly silenced.
The right to appeal is not essential to the right of hearing. Except when guaranteed by the Constitution,
appeal may be allowed or denied by the legislature in its discretion. If allowed by the statute, it must be
exercised strictly in accordance with the provisions of the law and rules.
Essential requisites of notice and hearing may be omitted without violations of due process.
Nuisance per se is objectionable under any and all circumstances because it presents an immediate
danger to the welfare of the community.
Nuisance per accidens is objectionable only under some but not all circumstances, there being
situations when it is perfectly legitimate and acceptable. The right thing in the wrong place.
Equal protection
All persons or things similarly situated should be treated alike, both as to rights conferred and
responsibilities imposed.7
Directed principally against undue favor and individual or class privilege. It is not prohibited
legislation which is limited to the object to which it is directed or by the territory in which it is to operate. It
does not require absolute equality, but merely that all persons be treated alike under like conditions both as to
privileges conferred and liabilities imposed.8
Classification is the grouping of things in speculation or practice because they agree with one another in
certain particulars.9
Classification is the grouping of persons or things similar to each other in certain particulars and different
from all others in the same particulars.10
Requirements
1. It must be based upon substantial distinctions.
2. It must be germane to the purposes of the law.
3. It must not be limited to existing conditions only.
4. It must apply equally to all members of the class.

7
Ichong v. Hernandez
8
JMM Promotion and Management v. CA August 5, 1996
9
Victoriano v. Elizalde Rope Workers
10
International Harvester v. Missouri