Due Process as Substantive Law

Due Process as Substantive Law

   Substantive due process of law requires the following elements:

      1.) The law is in harmony with the general powers of the legislature;
      2.)  Such law is reasonable in its operation; and
      3.) It is enforced according to regularly prescribed methods; and
      4.) Such law is applicable to all as a class.

   Due process as a principle requires that the law affecting life, liberty, or property is in itself a valid law; that is to say that the law is a valid exercise of police power or of the power of eminent domain.

   Due process of law is denied when excessive penalties are attached to the violation of statutory or administrative orders as to make it practically impossible for the individual to test their validity by violating them.

   Due process is not violated whenever an administrative official is suspended without previous hearing pending administrative investigation of the charges filed against him.

   A person should not be held liable under the due process clause under a criminal law where the crime charged is not clearly defined as to enable him to determine just what offense he has committed, that is to say that the act by its terms are so vague that a person of common intelligence must necessarily guess as to its meaning and differ as to its application.

   Due process of law is violated by a law that arbitrarily and unreasonably prescribes that certain acts innocent in themselves shall constitute criminal offense.

   Thus, the requirements of substantive and procedural due process of law are satisfied when both are present whenever a person is hailed before the court to answer for the commission of a crime.

   The highest tribunal of the land had an occasion to declare with clarity in the case of Insular Government vs. Ling Su Fan (15 Phil. 73) -

      " When the person is deprived of his life, or liberty, therefore, under a law prescribed by the proper lawmaking body of the state and such law is within the power of said department to make, and is reasonable, and is then enforced according to the regular methods of procedure prescribed, and is applicable to all citizens or to all citizens of a particular class within the state, such person is not deprived of his property or of his life or liberty without due process of law."