DAGANOS, PRECIOUS A.

PACAS, RONALD

Sec.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.

RIGHT TO DUE PROCESS AND EQUAL PROTECTION

Life, Liberty, and Property

1. Constitutional Provision. Section 1, Article III of the

Constitution states “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.” The

provision speaks of “due process” and “equal protection.”

2. Scope of Protection. The protection covers all persons,

whether citizens or aliens, natural or juridical.

3. Meaning of Life, Liberty, and Property. Due process and equal

protection cover the right to life, liberty, and property. It is

important therefore to know the meaning of the three.

(a) Life. When the constitution speaks of right to life, it

refers not just to physical safety but also to the importance of

quality of life. Thus, right to life means right to be alive,

right to one’s limbs against physical harm, and, equally

important, right to a good quality of life.[2] Life means

something more than mere animal existence.[3]

(b) Liberty. It includes “negative” and “positive” freedom.

Negative freedom means freedom from, or absence of, physical

constraints, while positive freedom means freedom to exercise

one’s faculties. Right to liberty therefore includes the two

aspects of freedom and it cannot be dwarfed into mere freedom

from physical restraint or servitude, but is deemed to embrace

the right of man to enjoy his God-given faculties in all lawful

ways, to live and work where he will, to earn his livelihood by

any lawful calling, to pursue any vocation, and enter into

contracts.[4]

(c) Property. It refers either to the thing itself or right over

the thing. As a thing, property is anything capable of

appropriation, and it could be personal or real. As a right, it

refers to right to own, use, possess, alienate, or destroy the

thing. The constitution uses property in the sense of right, and

as such it includes, among others, right to work, one’s

employment, profession, trade, and other vested rights. It is

important to note however that privileges like licenses are not

protected property; but they may evolve in a protected right if

much is invested in them as means of livelihood. Public office

is not also a property; but to the extent that security of

tenure cannot be compromised without due process, it is in a

limited sense analogous to property.[5]

5. These rights are intimately connected. For example, if one’s

property right over employment is taken away, the same will

adversely affect one’s right to life since quality of living is

jeopardized. Consequently, in the absence of property and a good

quality of life, the ability to do what one wants is impeded.

6. Hierarchy of Rights. While the rights are intimately related,

they have a hierarchy. As to their order of importance, right to

life comes first, followed by right to liberty, and then right

of property.

Due Process
1. Meaning. Due process of law is a constitutional guarantee

against hasty and unsupported deprivation of some person’s life,

liberty, or property by the government. While is it true that

the state can deprive its citizens of their life, liberty, or

property, it must do so in observance of due process of law.

This right is “the embodiment of the supporting idea of fair

play”[6] and its essence is that it is “a law which hears before

it condemns, which proceeds upon inquiry and renders judgment

only after trial.”[7]

2. When Invoked. The right is invoked when the act of the

government is arbitrary, oppressive, whimsical, or unreasonable.

It is particularly directed against the acts of executive and

legislative department.

3. Two Aspects of Due Process. Due process of law has two

aspects: procedural and substantive. Basically, the procedural

aspect involves the method or manner by which the law is

enforced, while the substantive aspect involves the law itself

which must be fair, reasonable, and just.

4. Procedural due process requires, essentially, the opportunity

to be heard in which every citizen is given the chance to defend

himself or explain his side through the protection of general

rules of procedure. It contemplates notice and opportunity to be

heard before judgment is rendered.

In judicial proceedings, the requirements of procedural due

process are:[8]

(a) An impartial or objective court or tribunal with

jurisdiction over the subject matter;

(b) Court with jurisdiction over the person of the defendant or

the property which is the subject of the proceeding;

(c) Defendant given the opportunity to be heard (requirement on

notice and hearing); and

(d) Judgment rendered after lawful hearing.

Since some cases are decided by administrative bodies, the Court

also provides requirements of procedural due process

in administrative proceedings. These requirements, also known as

“seven cardinal primary rights,” are:[9]

(a) The right to a hearing, where a party may present evidence

in support of his case;

(b) The tribunal must consider the evidence presented;

(c) The decision of the tribunal must be supported by evidence;

(d) The evidence 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 body or any of its judges must rely on its

own independent consideration of evidence, and not rely on the

recommendation of a subordinate; and

(g) The decision must state the facts and the law in such a way

that the parties are apprised of the issues involved and the

reasons for the decision.

5. Notice and Opportunity to be Heard. What matters in

procedural due process are notice and an opportunity to be

heard.

(a) Notice. This is an essential element of procedural due

process, most especially in judicial proceedings, because

without notice the court will not acquire jurisdiction and its

judgment will not bind the defendant. The purpose of the notice

is to inform the defendant of the nature and character of the

case filed against him, and more importantly, to give him a fair

opportunity to prepare his defense. Nevertheless, the notice is

useless without the opportunity to be heard.

(b) Opportunity to be Heard. It must be emphasized that what is

required is not “actual” hearing but a real “opportunity” to be

heard.[10] If, for instance, a person fails to actually appear

in a hearing even though he was given the chance to do so, a

decision rendered by the court is not in violation of due

process. Moreover, strict observance of the rule is not

necessary, especially in administrative cases. In fact, in

administrative proceedings, notice and hearing may be dispensed

with for public need or for practical reasons. It is also

sufficient that subsequent hearing is held if the same was not

previously satisfied.

6. Substantive due process requires that the law itself is

valid, fair, reasonable, and just. For the law to be fair and

reasonable it must have a valid objective which is pursued in a

lawful manner. The objective of the government is valid when it

pertains to the interest of the general public, as distinguished

from those of a particular class. The manner of pursuing the

objective is lawful if the means employed are reasonably

necessary and not unduly oppressive.

7. Under the doctrine of void for vagueness, a statute or law

that is vague is void because it violates the rights to due

process. A statute is vague when it lacks comprehensible

standards which men of ordinary intelligence must necessarily

know as to its common meaning but differ as to its application.

Such kind of statute is opposed to the Constitution because it

fails to accord persons proper understanding or fair notice, and

because the government is given unbridled freedom to carry out

its provision. For this doctrine to be operative, however, the

statute must be utterly vague. Thus, if a law, for example,

could be interpreted and applied in various ways, it is void

because of vagueness. Corollary to this is the doctrine of

overbreadth which states that a statute that is “overly broad”

is void. This is because it prevents a person from exercising

his constitutional rights, as it fails to give an adequate

warning or boundary between what is constitutionally permissive

and not. If a law, for instance, prohibits a bystander from

doing any “annoying act” to passersby, the law is void because

“annoying act” could mean anything to a passerby and as such,

overly broad.

Equal Protection

1. Meaning. The guarantee of equal protection means that “no

person or class of persons shall be deprived of the same

protection of the laws which is enjoyed by other persons or

other classes in the same place and in like

circumstances.”[11] It means that “all persons or things

similarly situated should be treated alike, both as to rights

conferred and responsibilities imposed.” The guarantee does not

provide absolute equality of rights or indiscriminate operation

on persons. Persons or things that are differently situated may

thus be treated differently. Equality only applies among equals.

What is prohibited by the guarantee is the discriminatory

legislation which treats differently or favors others when both

are similarly situated.

2. Purpose. The purpose of the guarantee is to prohibit hostile

discrimination or undue favor to anyone, or giving special

privilege when it is not reasonable or justified.

3. Reasonable Classification. Well established is the rule

that reasonable classificationdoes not violate the guarantee,

provided that the classification has the following

requisites:[12]

(a) It must be based upon substantial distinctions;

(b) It must be germane to the purpose of the law;

(c) It must not be limited to existing conditions only; and

(d) It must apply equally to all members of the class.

4. Example. In one case,[13] Section 66 of the Omnibus Election

Code was challenged for being unconstitutional, as it is

violative of the equal protection clause. The provision

distinguishes between an elective official and an appointive

official in the filing of theire certificate of candidacy. While

elective officials are not deemed resigned upon the filing their

certificates, appointive officials are. The Supreme Court held

that the law is constitutional and not violative of equal

protection since the classification is valid. The Court argues

that elective office is different from appointive office, in

that the mandate of the former is from the people, while that of

the latter is from the appointing authority. The term of the

elective officials are likewise longer than that of the

appointive officials. Thus, the classification is adjudged

reasonable and valid.

5. Discrimination against Aliens. Although the protection

extends to both citizens and aliens, discrimination against

aliens may be held valid under certain circumstances. For

example, citizens by virtue of their membership to the political

community possess complete civil and political rights, while

aliens do not have complete political rights. The former can

vote during elections, run for public office, own real property,

while aliens cannot.

6. Review of Laws. If the laws are scrutinized by the court, it

said to be subject to “judicial review.” There are three

standards followed by the court in judicial review, these are:

(a) Deferential review in which laws are upheld to be valid or

consistent to the guarantee of equal protection when they are

rational and the classifications therein bear a relation to a

legitimate governmental interests or purpose. In here the courts

do not seriously inquire into the substantiality of the interest

and possibility of alternative means to achieve the objectives;

(b) Intermediate review in which the substantiality of the

governmental interest is closely scrutinized as well as the

availability of less restrictive means or alternatives. This

standard is used if the classification involves important but

not fundamental interests; and

(c) Strict scrutiny in which the government is required to show

the presence of a compelling government interest, rather than a

mere substantial interest, and the absence of a less restrictive

means for achieving the interest. Upon showing of these

requirements, the limitation of a fundamental constitutional

right is justified. This standard is used if the law classifies

persons and limits others of their exercise of fundamental

rights.

To be considered as "illegal", such discrimination must however

be in violation of a specific law. Otherwise, no protection from

discrimination may be had even how unfair or unethical it may

seem. For example, an employer 'may be harder on a specific

employee from anyone else for no apparent reason, While it might

be unethical behavior for a boss, it's not discrimination by

law, But ifhe or she is extra hard on the employee for a reason

that's protected by law, such as religion, age or sex, then such

shall constitute illegal discrimination, especially if such

employee suffers damage such as getting passed over for a well-

deserved raise or promotion. This measure seeks to prevent

certain acts of