Professional Documents
Culture Documents
Due Process
Due Process
1. Ang Tibay vs. Court of Industrial Relations, G.R. No. 46496, February 27, 1940
Doctrine: Cardinal requirements of due process in administrative proceedings
(1994 Bar)
1. Right to a hearing which includes the right to present one’s case and submit
evidence in support thereof;
2. The tribunal must consider the evidence presented;
3. The decision must be supported by evidence;
4. Such evidence must be substantial;
5. The decision must be rendered on the evidence presented at the hearing or at least
contained in the record, and disclosed to the parties affected;
6. The tribunal or body or any of its judges must act on its own independent
consideration of the law and facts of the controversy in arriving at a decision;
7. The board or body should render decision in such a manner that parties can know the
various issues involved and the reasons for the decision rendered. (Ang Tibay v. CIR,
G.R. No. L-46496, February 27, 1940)
Is there a need for a new trial on the Decision arrived at by the CIR finding that
the 89 laborers represented by Ang Tibay was excluded due to their union
affiliation; and that this Decision was rendered without due process considering
that there was no evidence relied upon in such Decision?
Ruling:
Yes. The Supreme Court held that it re-examined the entire record of the proceedings had
before the Court of Industrial Relations in this case, and it found no substantial evidence that
the exclusion of the 89 laborers here was due to their union affiliation or activity.
There are primary rights which must be respected even in proceedings of this
character:
(1) The first of these rights is the right to a hearing, which includes the right of the
party interested or affected to present his own case and submit evidence in support
thereof.
(2) Not only must the party be given an opportunity to present his case and to
adduce evidence tending to establish the rights which he asserts but the
tribunal must consider the evidence presented.
(3) "While the duty to deliberate does not impose the obligation to decide right, it does
imply a necessity which cannot be disregarded, namely, that of having something to
support it is a nullity, a place when directly attached." (Edwards vs. McCoy, supra.)
This principle emanates from the more fundamental is contrary to the vesting of
unlimited power anywhere. Law is both a grant and a limitation upon power.
(4) Not only must there be some evidence to support a finding or conclusion (City
of Manila vs. Agustin, G.R. No. 45844, promulgated November 29, 1937, XXXVI O.
G. 1335), but the evidence must be "substantial."
(5) The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected.
(6) The Court of Industrial Relations or any of its judges, therefore, must act on its
or his own independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision. It may be
that the volume of work is such that it is literally Relations personally to decide all
controversies coming before them. In the United States the difficulty is solved with the
enactment of statutory authority authorizing examiners or other subordinates to render
final decision, with the right to appeal to board or commission, but in our case there is
no such statutory authority.
(7) The Court of Industrial Relations should, in all controversial questions, render
its decision in such a manner that the parties to the proceeding can know the
various issues involved, and the reasons for the decision rendered. The
performance of this duty is inseparable from the authority conferred upon it.
Accordingly, the motion for a new trial should be and the same is hereby granted,
and the entire record of this case shall be remanded to the Court of Industrial
Relations, with instruction that it reopen the case, receive all such evidence as
may be relevant and otherwise proceed in accordance with the requirements set
forth hereinabove. So ordered.
2. Ichong vs. Hernandez, G.R. No. L-7995, May 31, 1957
Petitioner, for and in his own behalf and on behalf of other alien residents
corporations and partnerships adversely affected by the provisions of Republic
Act. No. 1180, brought this action to obtain a judicial declaration that said Act is
unconstitutional.
Petitioner attacks the constitutionality of the Act, contending that: it denies to
alien residents the equal protection of the laws and deprives of their liberty and
property without due process of law;
Issue:
Does the Act deny to alien resident the equal protection of the laws and deprives
of their liberty and property without process of law?
Ruling:
The equal protection clause limitation
a. Objections to alien participation in retail trade. Does the law deny the equal
protection of the laws?
No, there is no denial of equal protection of the laws. There is a valid legislative
classification between the alien and nationals as retail traders.
a. The alien resident owes allegiance to the country of his birth or his adopted
country; his stay here is for personal convenience; he is attracted by the lure of
gain and profit. His aim or purpose of stay, is neither illegitimate nor immoral, but
he is naturally lacking in that spirit of loyalty and enthusiasm for this country
where he temporarily stays and makes his living, or of that spirit of regard,
sympathy and consideration for his Filipino customers as would prevent him from
taking advantage of their weakness and exploiting them.
b. The alien retailer in this country never really makes a genuine contribution to
national income and wealth. He undoubtedly contributes to general distribution,
but the gains and profits he makes are not invested in industries that would help
the country's economy and increase national wealth. The alien's interest in this
country being merely transient and temporary, it would indeed be ill-advised to
continue entrusting the very important function of retail distribution to his hands.
Since the Court finds that the classification is actual, real and reasonable, and
all persons of one class are treated alike, and as it cannot be said that the
classification is patently unreasonable and unfounded, it is in duty bound to
declare that the legislature acted within its legitimate prerogative and it can
not declare that the act transcends the limit of equal protection established by
the Constitution.
b. Is the power of the legislature to make distinctions and classifications among
persons curtailed or denied by the equal protection of the laws clause?
No. Broadly speaking, the power of the legislature to make distinctions and
classifications among persons is not curtailed or denied by the equal protection of the
laws clause.
The legislative power admits of a wide scope of discretion, and a law can be violative of
the constitutional limitation only when the classification is without reasonable basis.
c. What is the reasonable basis used by the Legislature in making the
classification in this case?
In this case, the classification is based on citizenship.
Ichong Case:
The case at bar is radically different, and the facts make them so.
As we already have said, aliens do not naturally possess the sympathetic
consideration and regard for the customers with whom they come in daily
contact, nor the patriotic desire to help bolster the nation's economy, except in so
far as it enhances their profit, nor the loyalty and allegiance which the national
owes to the land.
These limitations on the qualifications of the aliens have been shown on many
occasions and instances, especially in times of crisis and emergency.
The due process clause limitation
1. Lawful purpose: For public purpose.
2. Reasonableness: The law shall not be unreasonable, arbitrary or capricious,
and that the means selected shall have a real and substantial relation to the
subject sought to be attained. . . . .
If the laws passed are seen to have a reasonable relation to a proper legislative
purpose, and are neither arbitrary nor discriminatory, the requirements of due
process are satisfied, and judicial determination to that effect renders a court
functus officio. . . .
Ichong’s argument:
Is the exclusion in the future of aliens from the retail trade unreasonable.
No, it is not unreasonable. The law in question is deemed absolutely necessary to bring
about the desired legislative objective, i.e., to free national economy from alien control
and dominance. It is not necessarily unreasonable because it affects private rights and
privileges (11 Am. Jur. pp. 1080-1081.)
.
3. Ynot vs. Intermediate Appellate Court, G.R. No. 74457, March 20, 1987
Doctrine:
Facts:
Restituto Ynot challenges the constitutionality of E.O. No. 626-A.
"WHEREAS, the President has given orders prohibiting the interprovincial
movement of carabaos and the slaughtering of carabaos not complying with the
requirements of Executive Order No. 626 particularly with respect to age;
Issue: Is the law unconstitutional for depriving owners of carabaos their right to
be heard before their carabaos are confiscated and thus violative of the due
process clause?
Ruling:
Ynot case:
Yes.
1. While conceding that the amendatory measure has the same lawful subject
as the original executive order, we cannot say with equal certainty that it
complies with the second requirement, viz., that there be a lawful method.
2. Executive Order No. 626-A imposes an absolute ban not on the slaughter of
the carabaos but on their movement, providing that "no carabao regardless
of age, sex, physical condition or purpose (sic) and no carabeef shall be
transported from one province to another." The Court does not see how the
prohibition of the interprovincial transport of carabaos can prevent their
indiscriminate slaughter, considering that they can be killed anywhere, with
no less difficulty in one province than in another.
4. In the instant case, the carabaos were arbitrarily confiscated by the police
station commander, were returned to the petitioner only after he had filed a
complaint for recovery and given a supersedeas bond of P12,000.00, which
was ordered confiscated upon his failure to produce the carabaos when
ordered by the trial court.
While it may be true that for purposes of rate-fixing respondents may have other
sources of information or data, still, since a hearing is essential, respondent NTC
should act solely on the basis of the evidence before it and not on knowledge or
information otherwise acquired by it but which is not offered in evidence or, even
if so adduced, petitioner was given no opportunity to controvert.
Again, the order requires the new reduced rates to be made effective on a
specified date. It becomes a final legislative act as to the period during which it
has to remain in force pending the final determination of the case.
An order of respondent NTC prescribing reduced rates, even for a temporary
period, could be unjust, unreasonable or even confiscatory, especially if the rates
are unreasonably low, since the utility permanently loses its just revenue during
the prescribed period.
In fact, such order is in effect final insofar as the revenue during the period covered by
the order is concerned. Upon a showing, therefore, that the order requiring a reduced
rate is confiscatory, and will unduly deprive petitioner of a reasonable return upon its
property, a declaration of its nullity becomes inductible, which brings us to the issue on
substantive due process.
5. Ateneo de Manila vs. Capulong, G.R. No. 99327, May 27, 1993
Issue:
Should the expelled students be readmitted on the ground that the school denied
them due process in the investigation regarding their participation in the hazing
that resulted in the death of one of the students?
Ruling:
No, the Court held that they should not be readmitted and thus the order of the
judge for their readmission is reversed.
It is the threshold argument of respondent students that the decision of petitioner
Fr. Joaquin Bernas, S. J., then President of the Ateneo de Manila University, to
expel them was arrived at without affording them their right to procedural due
process.
We are constrained to disagree as we find no indication that such right has been
violated.
The minimum standards to be satisfied in the imposition of disciplinary sanctions
in academic institutions, such as petitioner university herein, thus:
"(1) the students must be informed in writing of the nature and cause of any
accusation against them;
(2) that they shall have the right to answer the charges against them with the
assistance of counsel, if desired;
(3) they shall be informed of the evidence against them;
(4) they shall have the right to adduce evidence in their own behalf; and
(5) the evidence must be duly considered by the investigating committee or
official designated by the school authorities to hear and decide the case."
Respondent students may not use the argument that since they were not
accorded the opportunity to see and examine the written statements which
became the basis of petitioners’ February 14, 1991 order, they were denied
procedural due process.
An administrative proceeding conducted to investigate students’ participation in
a hazing activity need not be clothed with the attributes of a judicial proceeding.
"Hence, any deviation from the regular course of trial should always take into
consideration the rights of all the parties to the case, whether in the prosecution
or defense.
The present case squarely falls under the fourth situation. The dismissal should
be upheld because it was established that the petitioners abandoned their jobs to
work for another company.
Private respondent, however, did not follow the notice requirements and instead
argued that sending notices to the last known addresses would have been
useless because they did not reside there anymore. Unfortunately for the private
respondent, this is not a valid excuse because the law mandates the twin notice
requirements to the employee's last known address. Thus, it should be held liable
for non-compliance with the procedural requirements of due process.
The rule thus evolved: where the employer had a valid reason to dismiss an
employee but did not follow the due process requirement, the dismissal may be
upheld but the employer will be penalized to pay an indemnity to the employee.
This became known as the Wenphil or Belated Due Process Rule.
. Due process is a constitutional restraint on the legislative as well as on the
executive and judicial powers of the government provided by the Bill of Rights.
Due process under the Labor Code, like Constitutional due process, has two
aspects: substantive, i.e., the valid and authorized causes of employment
termination under the Labor Code; and procedural, i.e., the manner of dismissal.
Where the dismissal is for a just cause, as in the instant case, the lack of
statutory due process should not nullify the dismissal, or render it illegal, or
ineffectual. However, the employer should indemnify the employee for the
violation of his statutory rights, as ruled in Reta v. National Labor Relations
Commission.
10. Southern Hemisphere Engagement Network, Inc. v. Anti- Terrorism Council,
632 SCRA 146
Doctrine:
A law is vague when it lacks comprehensive standards that men of common intelligence
must necessarily guess at its common meaning and differ as to its application. In such
instance, the statute is repugnant to the Constitution because:
1. It violates due process for failure to accord persons, especially the parties targeted
by it, fair notice of what conduct to avoid; and
2. It leaves law enforcers an unbridled discretion in carrying out its provisions. (People
v. de la Piedra, G.R. No. 128777, January 24, 2001)
The Supreme Court held that the doctrine can only be invoked against that species of
legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a
saving clause or by construction. (Estrada v. Sandiganbayan, G.R. No. 148560,
November 19, 2001)
An examination of the entire law, Considers only extant facts affecting real
pinpointing its flaws and defects, not only litigants
on the basis of its actual operation to the
parties, but also on the assumption or
prediction that its very existence may
cause others not before the court to
refrain from constitutionally protected
speech or activities.
Is facial challenge to a penal statute allowed?
A: NO.
The vagueness and overbreadth doctrines, as grounds for a facial challenge, are not
applicable to penal laws. A litigant cannot thus successfully mount a facial challenge
against a criminal statute on either vagueness or overbreadth grounds.
Facial challenges are not allowed in penal statutes. Criminal statutes have general in
terrorem effect resulting from their very existence, and, if facial challenge is allowed for
this reason alone, the State may well be prevented from enacting laws against socially
harmful conduct. In the area of criminal law, the law cannot take chances as in the area
of free speech. (KMU v. Ermita, G.R. No. 17855, October 5, 2010)
Facts:
Southern Hemisphere et al. assail for being intrinsically vague and
impermissibly broad the definition of the crime of terrorism under RA 9372 in that
terms like "widespread and extraordinary fear and panic among the populace"
and "coerce the government to give in to an unlawful demand" are nebulous,
leaving law enforcement agencies with no standard to measure the prohibited
acts.
Issue:
Whether RA 9372 may be challenged in its face on the ground that the terms of
the law are vague leaving law enforcement agencies with no standard to measure
the prohibited acts
Ruling:
No.
SUMMARY OF THE RULING
ON PENAL STATUTES: NOT ALLOWED
• The vagueness and overbreadth doctrines, as grounds for a facial
challenge, are not applicable to penal laws. A litigant cannot thus
successfully mount a facial challenge against a criminal statute on either
vagueness or overbreadth grounds.
****
• [T]he rule established in our jurisdiction is, only statutes on free speech,
religious freedom, and other fundamental rights may be facially challenged.