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1. Due ProcessDue Process
of Lawof Law
in thein the
PhilippinesPhilippines
Eleanabeth E. Cabangon
BEED-SPED

2. Article III- Bill of RightsArticle III- Bill of Rights
 Section 1.Section 1.
No person shall be deprived ofNo person shall be deprived of
life, liberty, or property withoutlife, liberty, or property without
due process of lawdue process of law, nor shall any, nor shall any
person be denied the equalperson be denied the equal
protection of the lawsprotection of the laws..

3. Due ProcessDue Process
 It hears before it condemns ,It hears before it condemns ,
proceeds upon inquiry and rendersproceeds upon inquiry and renders
judgment only after trial.judgment only after trial.
-Daniel Webster-Daniel Webster
 The due process of law is an oldThe due process of law is an old
conception before it was adoptedconception before it was adopted
by the constitution.by the constitution.

4.  It as also interpreted as the right toIt as also interpreted as the right to
be treated fairly, efficiently andbe treated fairly, efficiently and
effectively by the administration ofeffectively by the administration of
justice.justice.
 The rights to due process placeThe rights to due process place
limitations on laws and legallimitations on laws and legal
proceedings, in order to guaranteeproceedings, in order to guarantee
fundamental fairness and justice.fundamental fairness and justice.

5.  It is also the rules administeredIt is also the rules administered
through courts of justice inthrough courts of justice in
accordance with established andaccordance with established and
sanctioned legal principles andsanctioned legal principles and
procedures, and with safeguards forprocedures, and with safeguards for
the protection of individual rights.the protection of individual rights.

6. Four Elements of Due ProcessFour Elements of Due Process
 Quality in terms of administrationQuality in terms of administration
of justice;of justice;
 Quality in terms of protection ofQuality in terms of protection of
the rights of the parties involved;the rights of the parties involved;
 Efficiency; andEfficiency; and
 Effectiveness.Effectiveness.

7. Kinds of Due ProcessKinds of Due Process
 Substantive dueSubstantive due
processprocess
 Procedural due processProcedural due process

8. Substantive Due ProcessSubstantive Due Process
 requires the intrinsic validity of therequires the intrinsic validity of the
law in interfering with the rights oflaw in interfering with the rights of
the person to life, liberty or property.the person to life, liberty or property.
In short, it is to determine whether itIn short, it is to determine whether it
has a valid governmental objectivehas a valid governmental objective
like for the interest of the public aslike for the interest of the public as
against mere particular class.against mere particular class.

9. Procedural Due ProcessProcedural Due Process
 one which hears before itone which hears before it
condemns as pointed out bycondemns as pointed out by
Daniel Webster.Daniel Webster.

10. Requisites of Due ProcessRequisites of Due Process
 There must be an impartial court orThere must be an impartial court or
tribunal clothed with judicial powertribunal clothed with judicial power
to hear and decide the matterto hear and decide the matter
before it;before it;
 Jurisdiction must be lawfullyJurisdiction must be lawfully
acquired over the person of theacquired over the person of the
defendant or over the propertydefendant or over the property
subject of the proceedings;subject of the proceedings;

11.  The defendant must be given theThe defendant must be given the
opportunity to be heard;opportunity to be heard;
 Judgment must be rendered onlyJudgment must be rendered only
after lawful hearing.after lawful hearing.

12. Thank youThank you
forfor
listening!listening! 