Due process, Bill of Rights

1. Concept

a. 2 aspects of due process

Due process of law has two aspects: substantive and procedural. In order that a particular act may not be impugned as violative of the due process clause, there must be compliance with both the substantive and the procedural requirements thereof. (Alliance for the Family Foundation, Philippines, Inc. v. Garin, G.R. No. 217872, 26 April 2017)

Due process is comprised of two components:1) Substantive due process – which requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or property; and2) Procedural due process – which consists of the two basic rights of notice and hearing, as well as the guarantee of being heard by an impartial and competent tribunal (Cruz, Constitutional Law, 1993 Ed., pp. 102-106 cited in Secretary of Justice v. Lantion, En Banc, 2000)

The three (3) standards of judicial review when issue of validity of a legislation is based on due process:1) Strict scrutiny2) Rational basis3) Heightened or immediate scrutiny (White Light Corporation v. City of Manila, En Banc, G.R. No. 122846, 20 January 2009)

b. Reasonableness of legislation

The due process clause has to do with the reasonableness of legislation enacted in pursuance of the police power. Is there public interest, a public purpose; is public welfare involved? Is the Act reasonably necessary for the accomplishment of the legislature’s purpose; is it not unreasonable, arbitrary or oppressive? I...


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