Quiz No.2 - Ryan Paul Aquino - SN22-00258

Name: Ryan Paul S.
Aquino / SN: 22-00258 / Quiz # 2
1. Define or explain the concept of substantive due process. – 5 pts.
Substantive due process inquires whether the government has sufficient justification for depriving
a person of life, liberty, or property (White Light Corporation v. City of Manila).
In the case of Rama v. Moises, it held that substantive due process requires that the law itself, not
merely the procedures by which the law would be enforced, is fair, reasonable, and just. It requires
the intrinsic validity of the law in interfering with life, liberty, and property and a guarantee against
exercise of arbitrary power.
In the case of Rubi v. Provincial Board of Mindoro, it listed the requisites of substantive due
process. Due process of law simply means that there shall be a law prescribed in harmony with the
general powers of the legislative department of the Government; That this law shall be reasonable
in its operation; That it shall be enforced according to the regular methods of procedure prescribed;
That it shall be applicable alike to all the citizens of the state or to all of a class.
In addition, in the case of Ichong v. Hernandez, the expanded test of substantive due process are
as follows:
1. Is there public interest, public purpose, public welfare involved?
2. Is the act reasonably necessary for the accomplishment of the legislature‘s purpose?
3. Is it not unreasonable, arbitrary, or oppressive?
4. Is there sufficient foundation or reason in connection with the manner involved or has there been
capricious use of legislative power?
5. Can the aims conceived be achieved by the means used, or is it not merely and unjustified
interference?
Substantive due process requires that the means employed in depriving persons of property must
not be unduly oppressive. (SJS v. Atienza Jr.)
2. Define or explain the concept of procedural due process. - 5 pts.
Procedural due process refers to the procedures that the government must follow before it deprives
a person of life, liberty, or property. It concerns itself with government action adhering to the
established process when it makes an intrusion into the private sphere. (White Light Corporation
v. City of Manila.
In the book of Bernas, procedural due process is defined as the aspect of due process which serves
as a restriction on actions of judicial and quasi-judicial agencies of the government. It refers to the
method or manner by which a law is enforced.
As a general rule, the minimum requirements of due process are notice and hearing. However,
notice and hearing are not required in every case, for there are an admitted number of exceptions
in view of the nature of the property involved or the urgency of the need to protect the general
welfare from a clear and present danger.
3. What are the requirements of judicial due process? Explain each requisite – 10 pts.
Whether in civil or criminal judicial proceedings, there are requisites to due process.
In the case of Banco Español v. Palanca, below are the requisites of due process in civil
proceedings:
1. There must be a court or tribunal clothed with judicial power to hear and determine the matter
before it;
2. Jurisdiction must be lawfully acquired over the person of the defendant or over property which
is the subject of the proceeding;
3. The defendant must be given an opportunity to be heard;
4. Judgment must be rendered upon lawful hearing; and
5. No decision shall be rendered by any court without expressing therein clearly and distinctly the
facts and the law on which it is based. No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied without stating the legal basis therefor.
[Sec. 14, Art. VIII]
The first two requisites ensures that the court or tribunal will hear all sides of both parties and that
is has jurisdiction over the said controversy. The third requisite provides that the defendant is given
ample opportunity to be heard and to defend himself with the assistance of his representative if he
so desires. For the fourth requisite, the quantum of evidence required in these proceedings impacts
on their hearing requirements. While both judicial and administrative proceedings require a
hearing and the opportunity to be heard, they differ with respect to the hearing required before a
decision can be made. In criminal cases where a constitutional presumption of innocence exists,
procedural judicial due process requires that judgment be rendered upon lawful hearing where
factual issues are tested through direct and cross-examination of witnesses to arrive at proof
beyond reasonable doubt. In civil cases, evidentiary hearings are likewise a must to establish the
required preponderance of evidence. Administrative due process, on the other hand, requires that
the decision be rendered on the evidence presented at the hearing, or at least contained in the record
and disclosed to the parties concerned. Thus, substantial reasons justify the variance in the hearing
requirements for these proceedings.
On the other hand, Sec. 14, Art. III. (1) provides that no person shall be held to answer for a
criminal offense without due process of law. In addition, Sec. 14(2), Art. III, 1987 Constitution,
provides the requisites of criminal due process:
1. Accused is heard by a court of competent jurisdiction;
2. Accused is proceeded against under the orderly process of law;
3. Accused is given notice and opportunity to be heard;
4. Judgment rendered is within the authority of a constitutional law (Mejia v. Pamaran).

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Name: Ryan Paul S.

Aquino / SN: 22-00258 / Quiz # 2

1. Define or explain the concept of substantive due process. – 5 pts.

2. Define or explain the concept of procedural due process. - 5 pts.

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