Civil and Political Rights

Bill of Rights
- declaration and enumeration of a person’s fundamental civil and political rights
- it safeguards against the possible violations of the Government or by any other individuals;
generally self-executing

When Government’s power is unlimited it can be tyrannical. BOR protects certain areas of person’s life,
liberty and property against the reach of the reach Government.

Classification of BOR (PS, CR)

1. Civil Rights – it pertains to individual’s rights by virtue of his citizenship in a State, i.e. rights to
property, marriage, freedom to contract
2. Political Rights – it pertains to the rights granted by law in relation to their direct and indirect
participation in the establishment or administration of the Government, i.e. rights to suffrage, hold
public office
3. Social and Economic Rights – rights to insure the well-being and economic security of an
individual
4. Rights of the Accused – protection of the individual accused of a crime

Bases (IP)
1. Importance accorded to the dignity and worth of the individual
2. Protection against arbitrary actions

Purpose (PSP)
1. Preserve democratic ideals
2. Safeguard fundamental rights
3. Promote happiness of an individual

Due Process
- part of the sporting idea of fair play to hear ‘the other side’ before an opinion is formed or a
decision is made (Ynot vs IAC)
- covers any governmental action which constitutes deprivation of person’s life, liberty or property
- a law which hears before it condemns, which proceeds upon inquiry and renders judgment only
after trial

Life – 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 – right to exist and the right to be from arbitrary personal restraint or servitude

Property – right of ownership and be the subject of contract; represents more than the things a person
owns, it includes the right to secure, use and dispose them

Minimum Requirements of Due Process of Law Guarantees: (NOT)

1. Notice
2. Opportunity to be heard
3. To persons who would be affected by the order or act contemplated
Exceptions to Due Process (PICNI)
1. Conclusive presumption – bars the admission of contrary evidence
2. Need for expeditious action – i.e. summary abatement of a nuisance, like a mad dog
3. Inherently pernicious – i.e. pornographic materials, contaminated meat, illegal drugs
4. Person sought for a criminal offense –i.e. passport cancellation
5. Interest of the public health and to protect public morals – i.e. filthy restaurants and brothels

Judicial Hearing Omitted (without violation of due process law)

1. nature of the property involved
2. urgency of the need to protect the general welfare

Scope of Due Process

1. Procedural due process – method or manner in which the law is enforced; serves as a restriction
on actions of judicial and quasi-judicial agencies; refers to the process which the Government
undertakes
2. Substantive due process – refers to the sufficient justification of the actions of the Government;
whether the Government has an adequate and sufficient reason to take away an individual’s life,
liberty and property; serves as a restriction to the law- and rule-making power of the Government;
the law itself must fair, reasonable and just; against the arbitrary power of the Government

Requisites
In Civil Proceedings/Judicial Due Process (JOJI)
1. Impartial court of tribunal clothed with judicial power to hear and determine the case
2. Jurisdiction must be lawfully acquired over the person of the defendant and over the property
subject matter of the proceeding
3. Opportunity to be heard
4. Judgment must be rendered upon lawful hearing and must clearly explain its factual and legal
bases

Notice is an essential element of due process otherwise the court will not acquire jurisdiction and its
judgment will not bind the defendant.

To be meaningful, it must be both as to time and place…

Right to appeal is not a natural right nor part of due process, it is merely a statutory privilege.

Poverty is recognized as a sufficient ground for extending existing period for filing.

In Administrative Proceedings / Ang TIbay Rules

1. Right to a hearing, right to present one’s case and submit evidence thereof
2. Evidence must be substantial (such reasonable evidence as a reasonable mind accept as adequate
to support a conclusion)
3. Tribunal must consider the evidence presented
4. Decision must have something to support it
5. Decision must be rendered based on the evidence presented, or at least contained in the record
and disclosed to the parties affected
6. Tribunal must act on its own independent consideration of the law and facts of the controversy
7. Tribunal must inform the parties regarding the various issues involved in terms of its decision and
reasons for the decision
In Academic Disciplinary Proceedings
1. Must be informed in writing of the nature and cause of any accusation against them
2. Right to answer the charges against them and with a counsel, if desired
3. Informed of the evidence against them
4. Right to adduce evidence in their own behalf
5. Evidence must be duly considered by the investigating committee or official designated to hear the
case

In Criminal Proceedings
- denied of due process if there is an indication that the special prosecutor deliberately and willfully
failed to present available evidence or that other evidence could be secured

Substantive Due Process

1. Lawful object – requiring the intervention of the State
2. Lawful means – means ad method reasonably necessary

Publication of laws – part of substantive due process

Classifications Governmental Functions

1. Constituent – constitute the very bonds of society and are compulsory in nature (i.e. public order,
administration of justice and foreign relations)
2. Ministrant – undertaken only by way of advancing the general interests of society and are merely
optional on the part of the State (i.e. public education, public charity, regulations of trade and
industry)

Constitutional Due Process

Basis: Constitution
Requirements: Procedural and Substantive
Purpose: 1. Protects individuals against Government, 2. Assures him of his rights in criminal, civil and
administrative proceedings
Effect of breach: Government action void

Statutory Due Process

Basis: Labor Code
Requirements: Procedural (the manner of dismissal) and Substantive (valid and authorized causes of
employment termination, Notice of Hearing
Purpose: Protects employees from being unjustly terminated without just cause after notice and hearing
Effect of breach: not void but court provides remedies

Reasons why violation of employer of the notice requirement cannot be considered denial of due process
resulting to nullity of dismissal or layoff:
1. Due process Clause of the Constitution – limitation of the governmental powers, does not apply to
the exercise of private power
2. Notice and hearing before the power of organized society are brought to bear upon the individual
3. Employer cannot be expected to be entirely an impartial judge of his own cause

Hierarchy of Rights
Primacy of human rights over property rights, these freedoms are delicate and vulnerable, as well as
supremely precious in our society… Protection of property, reminder that property has a social
dimension and the right to property is weighted with a social obligation
Judicial Standards of Review

1. Strict Scrutiny Test – triggered when a fundamental constitutional rights is limited by a law (i.e.
freedom of the mind and curtailment of political process); requires the government to show an
overriding or compelling government interest so great that it justifies the limitation of
fundamental constitutional rights
2. Intermediate Scrutiny Test – for evaluating classifications based on gender and legitimacy; may
have first been articulated in equal protection analysis
3. Rational Basis Standard Review – applicable for economic legislations; acknowledges the evil at
hand for correction and the particular legislative measure was a rational way to correct it

Void-For-Vagueness Doctrine
An act is vague when it lacks comprehensible standards that men of common intelligence must
necessarily guess at its common meaning and differ as to its application.

The statute is repugnant to the Constitution in 2 respects:

1. violates due process for failure to accord persons, especially the parties targeted by it, fair notice
of what conduct to avoid
2. leaves law enforcers an unbridled discretion in carrying out its provisions

A party can question the validity of a statute if it is unconstitutional; exception to this is the facial
challenges.

Overbreadth Doctrine
A government purpose may not be achieved by means which sweep unnecessarily broadly and thereby
invade the area of protected freedoms.

Facial Challenges
This is allowed to be made to a vague statute and to one, which is overbroad because of possible ‘chilling
effect’ upon protected speech. But, this rationale does not apply to penal laws.