Chapter 8 Due Process of Law Dual aspect of Due Process: 1. Substantive 2.

. Procedural Meaning of Due Process Constitutional safeguard of due process: No person shall be deprived of life, liberty or property without due process of law.(Article 3, Section 1) *Due Process continues to be dynamic and resilient, adaptable to every situation calling for its application *Due Process is a guaranty against arbitrariness on the part of the government Person -the due process clause protects all persons (natural or artificial). *Natural persons include both citizens and aliens *Artificial persons are corporations and partnerships *Artificial persons are also covered but only insofar as their property is concerned. Deprivation -to deprive is to take away forcibly, to prevent from possessing, enjoying or using something; denial to life, liberty or property

*deprivation

per se is not necessarily

unconstitutional, what is prohibited is deprivation without due process of law Life -Integrity of the physical person; includes the enjoyment by the individual of all the God-given faculties that can make his life worth living Liberty -The freedom to do right and never wrong; do anything that does not offend the public welfare. Property -Anything that can come under the right of ownership and be the subject of contract; all thing that are within the commerce of man Substantive Due Process -Requires intrinsic validity of the law in interfering with the rights of the person to his life, liberty or property ELEMENTS of a proper exercise of Legislative Power: 1. Valid governmental objective (Lawful Subject) 2. Means employed must be reasonbably related to the accomplishment of the purpose and not unduly oppressive. (Lawful Means/Method)

Procedural Due Process Requirements: 1. Notice 2. Hearing (1) JUDICIAL DUE PROCESS REQUISITES: a. impartial and competent court or tribunal vested with jurisdiction as conferred by law b. Jurisdiction over the person of the defendant and over the property which is the subject matter of the proceeding c. defendant has opportunity to be heard(right to appeal is not essential to the right to a hearing except when guaranteed by the constitution) d. Judgment must be rendered upon lawful hearing JURISDICTION In Personaman jurisdiction over the defendant is acquired by the court by his voluntary appearance or by service of summons upon him which amy be effected personally, or by substituted service, or , in exceptional cases, by publication In rem or Quasi in rem jurisdiction of the court is derived from the power it may exercise ove the property. Jurisdiction over the person is not essential, provided the relief granted by the court is limited to such as can be

enforced against the property itself. Notice by publication is sufficient. HEARING -a decision rendered without hearing is null and void ab initio and may be attacked directly and collaterally (2) ADMINISTRATIVE DUE PROCESS