Due ProcessDue Processof Lawof Lawin thein the

PhilippinesPhilippines

Eleanabeth E. CabangonBEED-SPED

Article III- Bill of RightsArticle III- Bill of Rights Section 1.Section 1.

No person shall be deprived No person shall be deprived of life, liberty, or property of life, liberty, or property without without due process of lawdue process of law, , nor shall any person be nor shall any person be denied the equal protection denied the equal protection of the lawsof the laws..

Due ProcessDue Process It hears before it condemns , It hears before it condemns ,

proceeds upon inquiry and proceeds upon inquiry and renders judgment only after trial.renders judgment only after trial.

-Daniel Webster-Daniel Webster The due process of law is an old The due process of law is an old

conception before it was conception before it was adopted by the constitution.adopted by the constitution.

It as also interpreted as the It as also interpreted as the right to be treated fairly, right to be treated fairly, efficiently and effectively by efficiently and effectively by the administration of justice.the administration of justice.

The rights to due process The rights to due process place limitations on laws and place limitations on laws and legal proceedings, in order to legal proceedings, in order to guarantee fundamental guarantee fundamental fairness and justice.fairness and justice.

It is also the rules administered It is also the rules administered through courts of justice in through courts of justice in accordance with established accordance with established and sanctioned legal principles and sanctioned legal principles and procedures, and with and procedures, and with safeguards for the protection of safeguards for the protection of individual rights.individual rights.

Four Elements of Due ProcessFour Elements of Due Process

Quality in terms of Quality in terms of administration of justice;administration of justice;

Quality in terms of protection Quality in terms of protection of the rights of the parties of the rights of the parties involved;involved;

Efficiency; andEfficiency; and Effectiveness.Effectiveness.

Kinds of Due ProcessKinds of Due Process

Substantive due Substantive due processprocess

Procedural due Procedural due processprocess

Substantive Due ProcessSubstantive Due Process

requires the intrinsic validity of requires the intrinsic validity of the law in interfering with the the law in interfering with the rights of the person to life, rights of the person to life, liberty or property. In short, it is liberty or property. In short, it is to determine whether it has a to determine whether it has a valid governmental objective like valid governmental objective like for the interest of the public as for the interest of the public as against mere particular class.against mere particular class.

Procedural Due ProcessProcedural Due Process

one which hears before it one which hears before it condemns as pointed out condemns as pointed out by Daniel Webster.by Daniel Webster.

Requisites of Due ProcessRequisites of Due Process

There must be an impartial court There must be an impartial court or tribunal clothed with judicial or tribunal clothed with judicial power to hear and decide the power to hear and decide the matter before it;matter before it;

Jurisdiction must be lawfully Jurisdiction must be lawfully acquired over the person of the acquired over the person of the defendant or over the property defendant or over the property subject of the proceedings;subject of the proceedings;

The defendant must be given The defendant must be given the opportunity to be heard;the opportunity to be heard;

Judgment must be rendered Judgment must be rendered only after lawful hearing.only after lawful hearing.

Thank youThank you

forfor

listening! listening!