Due process of law
Civil rights
- enjoyed by both citizens and foreigners
Political rights
- enjoyed by citizens only
Socio- economic rights
- to improve a person’s way of life
- enjoyed by both citizen and foreigner (subject to limitations set by law)
Rights of the accused
= to sum it all up, ones right to life, liberty and property
= refers to both natural (life, liberty and property
and juridical persons (right to property only)
Aspects of due process
1. substantive
-refers to the law itself
-law must be fair, just an reasonable
-check the requisites in exercising a valid police power, eminent domain and taxation
-the law must be clear (not vague or over breadth)
-laws must be published (not dispensable)
2 Doctrines
-used to challenge a law by its face (facial challenge)
-the rights of the litigants need not be applied to question the validity of the law
-applicable only to laws regulating freedom of expression
- Void for Vagueness
-law that needs details
-not comprehensible to an ordinary person
-cannot be applied to penal laws
b. Over breadth
- covers everything, applies to freedom of speech
-too encompassing, no parameters
2. procedural
- hear me first before you strike me
- one must also know the judge
- a judge must inhibit if a party is his 3rd degree relative
- if the judge is the previous lawyer of a party he must also inhibit
Can be:
a. Judicial
*civil and criminal cases
-court must be competent and impartial
(rules of court on inhibition)
-court must have jurisdiction over the person of the defendant
Court is obliged to inform the defendant so that he can present his evidence
Defendant is informed through summon which is given:
1. personal service- handed personally to the defendant
court acquires jurisdiction as soon as the defendant receives the summon
the defendant has 15 days to answer the summon
2. substituted service of summon- serves the summon to the representative which must be of age and of reasonable mind
3. publication of the summons- in a newspaper of general circulation
-follows the principle that accessory always follow the principal,
- Example: if land is in Cebu, the owner is also in Cebu
-has 60 to 90 days to file answer to the summon
In personal action- only the defendant is obliged to comply
-can only be done using personal service or service of summon
In real action- involves real properties like lands
-can be served using personal service, substituted and publication of the summons
Can a personal an action become real?
In quasi in rem action
Real property is attached so that the court will acquire jurisdiction over the property and be able to use the publication of summons
-defendant must be given the chance of hearing
If defendant will not answer within the given period of time the plaintiff can move for the declaration of the defendant in default
-the defendant has no more personality/legal standing, he cannot participate in the proceeding
-defendant can ask the court to lift the declaration in default
-if defendant is declared in default, the court can start receiving evidence of the plaintiff
-hearing can be a trial type of hearing or a pleading
-plaintiff presents evidence/witnesses first and the defendant will conduct a cross examination,
if the defendant will postpone cross examination and the witness dies, the testimony of the witness can still be used because it is the defendants fault why they are not able to conduct the cross examination
-if the case is nuisance per se then the hearing can be dispensed with
Ex: if a mad dog attacks you, you can stop/kill it then and there
-judgment must only be given after a hearing
b. Administrative
*administrative and disciplinary actions against students
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