ARTICLE III - ARTICLE III BILL OF RIGHTS Section 1 No...

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ARTICLE III – BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Definition of “Police Power”: 1) Power vested in the legislature 2) By the Constitution 3) To make, ordain, and establish 4) All manner of wholesome and reasonable laws, statutes, and ordinances 5) Either with penalties or without 6) Not repugnant to the constitution 7) As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same. Aspects of “Due Process”: 1. Procedural due process – refers to the mode of procedure which government agencies must follow in the enforcement and application of laws. 2. Substantive due process – prohibition against arbitrary laws. Note: PROCEDURAL DUE PROCESS: 1. A law which hears before it condemns. 2. Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. Dir. of Lands) 3. Due process depends on circumstances; it varies with the subject matter and the necessities of the situation. Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: C J N O H 1. A c ourt or tribunal clothed with judicial power to hear and determine the matter before it. 2. J urisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings. 3. The defendant must be given n otice and an o pportunity to be heard. 4. Judgment must be rendered upon a lawful h earing. For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1. The right to a h earing, which includes the right to present one’s case and submit evidence in support thereof. 2. The tribunal must consider the e vidence presented. 3. The d ecision must have something to support itself. 4. Evidence supporting the conclusion must be s ubstantial.
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5. The decision must be based on the evidence presented at the h earing 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 or his own i ndependent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. 7. The board or body should, in all controversial questions, render its decision in such a manner that the p arties to the proceeding can know the various issues involved and the reasons for the decision rendered. Note: 1. What is required is not actual hearing, but a real opportunity to be heard. 2. The requirement of due process can be satisfied by subsequent due hearing. 3. Violation of due process: when same person reviews his own decision on appeal. 4. Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the promulgation of general rule.
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