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4 Due Process

Due process refers to the right of a person to be heard before being deprived of life, liberty, or property. It includes substantive due process, which examines the validity of laws, and procedural due process, which requires a fair process before condemnation. Procedural due process has aspects for judicial, administrative, and academic settings that generally require notice, a hearing with consideration of evidence, and a decision based on that evidence.

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21 views1 page

4 Due Process

Due process refers to the right of a person to be heard before being deprived of life, liberty, or property. It includes substantive due process, which examines the validity of laws, and procedural due process, which requires a fair process before condemnation. Procedural due process has aspects for judicial, administrative, and academic settings that generally require notice, a hearing with consideration of evidence, and a decision based on that evidence.

Uploaded by

Kentalvarado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DUE PROCESS

“No person shall be deprived of life, liberty, or property without due process of law

Meaning: A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial
LIFE: Right of an individual to his body and extends to the use of God-given faculties which make life enjoyable
LIBERTY: right to exist and the right to be free from arbitrary personal restraint or servitude
PROPERTY: anything that can come under the right of ownership and be the subject of contract

ASPECTS OF DUE PROCESS:


SUBSTANTIVE: requires the intrinsic validity of the law in interfering with the rights of the person to life, liberty or
property. In short, it is to determine whether it has a valid governmental objective like for the interest of the public
as against mere particular class.
a. The interests of the public as distinguished from those of a particular class, require the intervention
of the State
b. Means employed are reasonably necessary for the accomplishment of the purpose and not to
unduly oppress individuals.

PROCEDURAL: one which hears before it condemns ; restrictions on actions of judicial and quasi-judicial agencies of
the government

JUDICIAL DUE PROCESS:


1. There must be an impartial court or tribunal clothed with judicial power to hear and decide the matter
before it;
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject of
the proceedings;
3. The defendant must be given the opportunity to be heard;
4. Judgment must be rendered only after lawful hearing.

ADMINISTRATIVE DUE PROCESS:


a. the right to a hearing which includes the right to present evidence;
b. the tribunal must consider the evidence presented;
c. the decision must have something to support itself;
d. the evidence must be substantial;
e. the decision must be based on the evidence presented during the hearing;
f. the tribunal or body must act on its own independent consideration of the law or facts;
g. the board or body shall in all controversial questions, render its decision in such a manner that the
parties to the proceedings can know the various issues involved.

ACADEMIC DUE PROCESS:


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;
3. they shall be informed of the evidence against them;
4. they shall have the right to adduce evidence in their own behalf;
5. the evidence must be duly considered by the investigating committee or official designated by the school
authorities to hear and decide the case.

The requisites of Due Process before the NLRC or in labor cases are:
1. Notice; and
2. Hearing

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