ARTICLE III BILL OF RIGHTS

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. “

Civil Rights Those rights that belong to every citizen of the state or country, or, in a wider sense,
to all its inhabitants, and are not connected with the organization or administration of
government.

Political Rights They refer to the right to participate, directly or indirectly, in the establishment
or administration of government.

Due Process of Law [“No person shall be deprived of life, liberty or property without due process of law x
xx]

Definition -Responsiveness to the supremacy of reason, obedience to the dictates of justice

(Ermita-Malate Hotel & Motel Operators Association v. City of Manila)

Who are protected? Universal in application to all persons, without regard to any difference in
race, color or nationality

Meaning of life, liberty and property

Life includes the right of an individual to his body in its completeness, free from
dismemberment, and extends to the use of God-given faculties which make life
enjoyable

Liberty includes “the right to exist and the right to be free from arbitrary personal
restraint or servitude, x x x (It) includes the right of the citizen to be free to use his
faculties in all lawful ways x x x”

Property is anything that can come under the right of ownership and be the subject of
contract. It represents more than the things a person owns; it includes the right to
secure, use and dispose of them.

Aspects of due process:

a. Substantive. This serves as a restriction on government's law- and rule- making

powers. The requisites are:
i. The interests of the public, in general, as distinguished from those
of a particular class, require the intervention of the State.
ii. The means employed are reasonably necessary for the
accomplishment of the purpose, and not unduly oppressive on
individuals.
b. Procedural. This serves as a restriction on actions of judicial and quasi- judicial
agencies of government. The requisites are:
1. In Civil Proceedings:
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
c. The defendant must be given an opportunity to be
heard
2. In Administrative Proceedings:

In administrative proceedings, the elements were laid down

in the case of Ang Tibay v. CIR as the "seven cardinal primary
rights" in justiciable cases before administrative tribunals:

a. There must be a hearing, where a party may present

evidence in support of his case.
b. The tribunal must consider the evidence presented by a
party.
c. While the tribunal has no duty to decide the case
correctly, its decision must be supported by evidence.
d. While the tribunal has no duty to decide the case
correctly, its decision must be supported by evidence.
The evidence supporting the decision must be
substantial. Substantial evidence is such relevant
evidence as a reasonable mind might accept as adequate
to support a conclusion.
e. The evidence must have been presented at the hearing
or at least contained in the record and known to the
parties affected.
f. 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.
g. 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