SECTION 1 - Due Process & Equal Protection

Question 1

Sec. 1.
No person shall be deprived of _________, ___________, and ____________ without due process of law, nor shall any person be denied the ________________________________.

Answer 1

life, liberty, or property;
equal protection of the laws

Question 2

• No exact definition as it is applicable under
  many diverse conditions and situations

Answer 2

Due Process

Question 3

Generally, any deprivation of LLP is w/ DP if:
1. Under____________________ that is valid (substantial DP)
2. After compliance with _______________________________ prescribed by law (procedural DP)

Answer 3

authority of a law;
fair and reasonable methods of procedure.

Question 4

A. Procedural Due Process
- __________________ by which law is enforced
- A procedure w/c ___________________________.
- Indispensable requisite of procedural DP is
_____________________.

Answer 4

Method of manner;
hears before if condemns;
notice and hearing.

Question 5

● In judicial proceedings (Criminal and civil)

1. ___________________ law w/ authority to
   hear and determine the matter before it
2. ___________________ over defendant
   or property subject of proceeding
3. Opportunity to be ___________
   4.__________________________________.

Answer 5

Impartial court clothe by ;
Jurisdiction lawfully acquired;
heard;
Judgment after lawful hearing.

Question 6

** No procedural DP when charged with an offense and _____________________.

Answer 6

convicted with another

Question 7

● Administrative proceedings (bodies under executive and constitutional commissions)
1.
2.

Answer 7

1. Notice and hearing may be dispensed with (e.g. arrested pending filing of charges,
   suspended pending investigation, etc.)
2. Provided there is a right to appeal to superior authority or the court

Question 8

B. Substantive Due Process
- ________________________________, i.e. within the power of the ________________ to enact and is reasonable in its operation
Ex:
a. Even with procedural DP: tax for private purpose, expropriation without just compensation

Answer 8

Laws affected LLP be a valid law; law-making body

Question 9

Persons protected of Section 1 (2)

Answer 9

• All within territorial jurisdiction of Philippines
• Private corporations as regards their
  property

Question 10

Life
- More than existence but to all______________________ by which life is enjoyed

Answer 10

limbs and faculties

Question 11

Liberty
- Not merely freedom from physical restraint (e.g., imprisonment)
- Also right to use _______________________________ that he does not violate law or rights of others (applies for all rights)
- Rights and duties are inseparable

Answer 11

faculties subject only to
limits

Question 12

Property
- Refers to both _________________ and __________________
- Right to own, use, transmit, destroy, etc.

Answer 12

thing itself and right over the
thing

Question 13

What constitutes deprivation

1. Life

Answer 13

• Not merely taking life
• Also loss of any physical or mental attributes to live as a human being

Question 14

What constitutes deprivation

2. Liberty

Answer 14

• Not only literal detention, need not be lost entirely
• Unduly prevented from acting as one wishes

Question 15

What constitutes deprivation

3. Property

Answer 15

• Not only literal taking / value is destroyed adaptability for a particular use is impaired

Question 16

Equal Protection of the Laws
- All persons subject to legislation should be _______________, ___________________, and _____________ both in privileges conferred and liabilities received
- Does not require that different persons or things be _______________. Leads to inequality
- Prohibits ________________.
- _____________________ and _______________ when both are similarly situated or circumstanced.

Answer 16

• treated alike, under like circumstances and conditions
• treated the same
• class legislation
• Discriminates against some and favors others

Question 17

Reasonable Classification - Equal Protection (2)

Answer 17

• When there is reasonable ground to be grouped into classes to each of which special/different legal rights or liabilities may be attached.
• No violations long as the classification is reasonable, not arbitrary, or capricious, and all within the same class are treated alike.

Question 18

Scope of guarantee
● DP and EP guarantee is a restraint on:
-
-

Answer 18

○ All organs of government
○ 3 inherent powers of the state

Question 19

Scope of guarantee (Section 1)
● Available to all persons:
-
-
-
-

Answer 19

○ Aliens included
○ Private corporations as to their
property
○ Does not extend to political rights
○ Not intended to enforce social equality, only equal opportunity