PROCEDURAL DUE PROCESS

(NOTICE) The failure of the clerk to mail the notice, if in fact he did so fail in his duty, is not such as
irregularity as amounts to a denial of due process of law; and hence in our opinion that irregularity, if
proved, would not avoid the judgment in this case. Notice was given by publication in a newspaper and this
is the only form of notice which the law unconditionally requires. This is our opinion is all that was
absolutely necessary to sustain the proceedings.
ADMINISTRATIVE
1. The right to a hearing which includes the right of the party interested or affected to present his own case
and submit evidence in support thereof
2. Not only must the party be given an opportunity to present his case and to adduce evidence tending to
establish the rights which he asserts but the tribunal must consider the evidence presented.
3. While the duty to deliberate does not impose the obligation to decide right, it does imply a necessity
which cannot be disregarded, namely, that of having something to support its decision. A decision with
absolutely nothing to support it is a nullity, a place when directly attached.
4. Not only must there be some evidence to support a finding or conclusion but the evidence must be
“substantial.” Substantial evidence is more than a mere scintilla It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.
5. The decision must be rendered on the evidence presented at the hearing, or at least contained in the
record and disclosed to the parties affected.
6. The administrative body or any of its judges, therefore, 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.
7. The administrative body 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 decisions
rendered. The performance of this duty is inseparable from the authority conferred upon it.
STUDENT (ADMINISTRATIVE)
1. the students must be informed in writing of the nature and cause of any accusation against them.
2. they shall have the right to answer the charges against them, with the assistance of counsel, if
desired.
3. they shall be informed of the evidence against them
4. they shall have the right to adduce evidence in their own behalf and
5. the evidence must be duly considered by the investigating committee or official designated by the
school authorities to hear and decide the case.
It is well settled that by reason of their special knowledge and expertise gained from the handling of
specific matters falling under their respective jurisdictions, the Court ordinarily accords respect if not
finality to factual findings of administrative tribunals, [Exception] unless the factual findings are not
supported by evidence; where the findings are vitiated by fraud, imposition or collusion; where the
procedure which led to the factual findings is irregular; when palpable errors are committed; or when a
grave abuse of discretion, arbitrariness, or capriciousness is manifest

OLD SUBSTANTIVE DUE PROCESS

It has been decided in a long line of decisions of the Supreme Court of the United States, that the right to
contract about one's affairs is a part of the liberty of the individual, protected by the "due process of law"
clause of the constitution The rule in this jurisdiction is, that the contracting parties may establish any
agreements, terms, and conditions they may deem advisable, provided they are not contrary to law, morals
or public policy.

In section 13 it will be seen that no person, firm, or corporation owning or managing a factory, shop, or
place of labor of any description, can make a contract with a woman, without incurring the obligation,
whatever the contract of employment might be, unless also promise to pay to such woman employed as a
laborer, who may become pregnant, he wages for thirty days before and thirty days after confinement. In
other words, said section creates a term or condition in every contract made by every person, firm, or
corporation with any woman who may, during the course of her employment, become pregnant, and a
failure to include in said contract the terms fixed by the law, makes the employer criminally liable and
subject to a fine and imprisonment. Clearly, therefore, the law has deprived, every person, firm or
corporation owning or managing a factory, shop or place of labor of any description within the Philippine
Islands, of his right to enter into contracts of employment upon such terms as he and the employee may
agree upon. The law creates a term in every such contract, without the consent of the parties. Such persons
are, therefore, deprived of their liberty to contract. The constitution of the Philippine Islands guarantees to
every citizen his liberty and one of his liberties is the liberty to contract.

A mortgage lien is a property right derived from contract and so comes under the protection of the Bill of
Rights. So do interests on loans, as well as penalties and charges, which are also vested rights once they
accrue. Private property cannot simply be taken by law from one person and given to another without
compensation and any known public purpose. This is plain arbitrariness and is not permitted under the
Constitution

Substantial evidence means such relevant evidence as a reasonable mind might

accept as adequate to support a conclusion