Due Process
1. Meaning. Due process of law is a constitutional guarantee against hasty and unsupported
deprivation of some person’s life, liberty, or property by the government. While is it true that the
state can deprive its citizens of their life, liberty, or property, it must do so in observance of due
process of law. This right is “the embodiment of the supporting idea of fair play”[6] and its essence is
that it is “a law which hears before it condemns, which proceeds upon inquiry and renders judgment
only after trial.”[7]
2. When Invoked. The right is invoked when the act of the government is arbitrary, oppressive,
whimsical, or unreasonable. It is particularly directed against the acts of executive and legislative
department.
3. Two Aspects of Due Process. Due process of law has two aspects: procedural and substantive.
Basically, the procedural aspect involves the method or manner by which the law is enforced, while
the substantive aspect involves the law itself which must be fair, reasonable, and just.
4. Procedural due process requires, essentially, the opportunity to be heard in which every citizen is
given the chance to defend himself or explain his side through the protection of general rules of
procedure. It contemplates notice and opportunity to be heard before judgment is rendered.
In judicial proceedings, the requirements of procedural due process are:[8]
(a) An impartial or objective court or tribunal with jurisdiction over the subject matter;
(b) Court with jurisdiction over the person of the defendant or the property which is the subject of
the proceeding;
(c) Defendant given the opportunity to be heard (requirement on notice and hearing); and
(d) Judgment rendered after lawful hearing.
Since some cases are decided by administrative bodies, the Court also provides requirements of
procedural due process in administrative proceedings. These requirements, also known as “seven
cardinal primary rights,” are:[9]
(a) The right to a hearing, where a party may present evidence in support of his case;
(b) The tribunal must consider the evidence presented;
(c) The decision of the tribunal must be supported by evidence;
(d) The evidence must be substantial. Substantial evidence is such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion;
(e) The evidence must have been presented at the hearing, or at least contained in the record and
known to the parties affected;
(f) The tribunal or body or any of its judges must rely on its own independent
consideration of evidence, and not rely on the recommendation of a subordinate; and
(g) The decision must state the facts and the law in such a way that the parties are apprised of the
issues involved and the reasons for the decision.
5. Notice and Opportunity to be Heard. What matters in procedural due process are notice and
an opportunity to be heard.
(a) Notice. This is an essential element of procedural due process, most especially in judicial
proceedings, because without notice the court will not acquire jurisdiction and its judgment will not
bind the defendant. The purpose of the notice is to inform the defendant of the nature and character
of the case filed against him, and more importantly, to give him a fair opportunity to prepare his
defense. Nevertheless, the notice is useless without the opportunity to be heard.
(b) Opportunity to be Heard. It must be emphasized that what is required is not “actual” hearing but a
real “opportunity” to be heard.[10] If, for instance, a person fails to actually appear in a hearing even
though he was given the chance to do so, a decision rendered by the court is not in violation of due
process. Moreover, strict observance of the rule is not necessary, especially in administrative cases.
In fact, in administrative proceedings, notice and hearing may be dispensed with for public need or
for practical reasons. It is also sufficient that subsequent hearing is held if the same was not
previously satisfied.
