Section 1 of Bill of Rights of the 1987 Philippine Constitution

1. Bill of Rights – Section 1
1897 PHILIPPINE CONSTITUTION

2. Brain teaser
Killuah was accused of
publishing content
that is against the
government and was
immediately put in jail
after he was seen
walking in the park.
He was sentenced for
6 years imprisonment.
Gon, who was accused
of murder was
deprived of his life
when he was
sentenced for life
imprisonment after a
speedy, impartial, and
public trial.

3. Art.III Section 1
No person shall be deprive of
life, liberty, or property without
due process of law, nor shall
any person be denied the equal
protection of the laws.

4. Life, Liberty, and Property
Life
• as protected by
due process of
law, means
something more
than mere animal
existence.
Liberty
• as protected by
due process of
law, denotes not
merely freedom
from physical
restraint e.g.
imprisonment
Property
• as protected by
due process of
law, may refer to
the thing itself or
to the right over a
thing.

5. What constitute deprivation?
• Not only taking away life but also the
loss of various physical and mental
attributes
Life
• Not necessary confinement or
detention but a person is unduly
prevented from acting the way he
wishes to do
Liberty
• Not only mean taking away the
property but also when its value is
destroyed or its adaptability, or its
capability for enjoyment is impaired
Property

6. Due process of law
Any deprivation of life, liberty or
property is with due process
of law, if it is done:
1. Under the authority of law is valid or
the Constitution itself
2. After a compliance with fair and
reasonable methods of the procedure
prescribed by law

7. Due Process of Law
1. Procedural due process – The manner or
procedure which must be followed in the
enforcement or application of law.
• “hears before it condemns, which
proceeds upon inquiry, and renders
judgment only after trial.”
• Its indispensable requisite is the requirement
of notice and hearing

8. Due Process of Law
2. Substantive Due Process – Requires that
the law is fair, reasonable, and just.
• No person shall be deprived of life, liberty, or
property for arbitrary reasons or on flimsy
grounds.

9. Procedural due process
1. In judicial proceedings
A.
An impartial
court clothed
by law with
authority to
hear and
determine
the matter
before it;
B.
Jurisdiction
lawfully
acquired over
the person of
the
defendant or
property
which is the
subject
matter of the
proceeding;
C.
Opportunity
to be heard
given the
defendant;
and
D. Judgment to
be rendered
after the
lawful
hearing.

10. Procedural due process
2. In administrative proceedings –
• In certain proceedings of an administrative
character, notice and hearing may be dispensed
with, where because of public need or for
practical reasons, the same is not feasible. Thus,
an offender may be arrested pending the filing of
charges, or an officer or employee may be
suspended pending an investigation for violation
of civil service rules and regulation

11. Substantive due process
• The law in question affecting life, liberty, or property
be a valid law, i.e., within the power of the law-making
body to enact and is reasonable in its
operation.
Tax which is impose for private purpose
constitutes a taking of property w/out due
process.
Taking of property for private use or without
payment of just compensation offends
substantive due process.

12. Equal Protection of Law
It signifies that “all persons subject to legislation
should be treated alike, under like circumstance
and conditions both in the privileges conferred
and liabilities imposed.”
What it prohibits is class legislation, which
discriminates against some and favors others
when both are similarly situated or
circumstanced.

13. Sample Case:
• If A is a doctor who earns Php. 35,000/month,
and B a teacher who is earning 12,000/month, if
they will be taxed with the same amount of Php.
800/month, is it just and fair? Does this observed
Equal Protection of the Law?
• Answer : No. It is unjust and unfair to impose the
same amount of tax to two (2) different
individuals who have different monthly income.