Concept of Due Process

Concept of Due Process

   Due process of law is defined as " the law which hears before it condemns, which proceeds from inquiry and renders judgment only after trial." This definition of due process contemplates two important legal principles. First, its aspect as a procedural law; and second, as a substantive law.

   The due process clause must be understood both as a substantive or procedural guarantee. It is a guarantee against the exercise of arbitrary power even when the power is exercised according to proper forms and procedure.

   Arbitrary power, enforcing its edicts to the injury of the persons and property of its subjects, is not law, whether manifested as the decree of a personal monarch or of an impersonal multitude.

   Due process as a procedural law is not always a juridical process; it may sometimes be administrative or executive process, depending upon the circumstances of each case with respect to subject and the necessities of a given situation.

   However, as a general rule, where life or liberty or title or possession of property is involved, due process requires compliance with the regular course of judicial proceedings. And the elements of procedural due process are:

   1.) impartial and competent court or tribunal;
   2.) jurisdiction over person or subject matter;
   3.) defendant or party given an opportunity to be heard;
   4.) judgment rendered only after due trial, and
   5.) judgment rendered must be in accordance with the evidence adduced.

   The subject matter must be within the jurisdiction of the court under Batas Pambansa Blg. 129, otherwise known as the Judiciary Reorganization Act of 1981. All the cases based on the subject matter of the suits are properly assigned to the various courts in our judicial system: the Supreme Court, Court of Appeals, the Regional Trial Courts and the Municipal Trial Courts, the Municipal Circuit Trial Courts and the Metropolitan Trial Court.

Jurisdiction over the Parties

   The court acquires jurisdiction over the person of plaintiff the moment he files his complaint and seeks the intervention of the court to obtain an affirmative relief. Over the person of the defendant, the court acquires jurisdiction over his person whenever he is validly served with summons or by his voluntary appearance before the court. If the defendant is a non-resident and the subject matter of the suit involves the personal status of the plaintiff or that the subject matter involves property belonging to the non-resident alien defendant , then the court acquires jurisdiction over his person by what is called service of summons by publication. If the defendant is unknown, service of summons by publication enables the court to acquire jurisdiction over his person, whenever the subject matter of the action involves property.

   It is essential that a court must acquire jurisdiction over the person of a defendant to give it authority to determine a legal controversy.

Administrative Proceedings

   Due process in administrative proceedings requires that the administrative buddy or officer has general jurisdiction over the subject matter in controversy; or that it has special jurisdiction over the parties involved. 
   However, "where, because of the urgency of public need, or for reasons of administrative efficiency or effectiveness," the requirements of prior notice and hearing is not feasible, due process "is satisfied if opportunity is later given to the individual adversary affected to test the validity or propriety of the administrative action on appeal to the courts, or both. In not a few cases, it is held that the requirements of due process of law are satisfied by the recognition of the right of the party to test the validity of administrative action in actions of tort for the recovery of damages against the administrative officials who have exceeded their legal authority to the injury of those bringing the action."
   Administrative cases where the procedural prior notice and hearing are not required, include those summary proceedings affecting life, liberty, or property of individuals without hearing like the arrest of persons who commit crimes before the filing of the charges in court; the grant of restraining order in cases where there is at application issuance of injunction; suspension of public officers and employees, pending administrative investigation against them; distraint of property in tax evasion cases.