What Is Due Process?

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No person shall be deprived of life, liberty or property without due process
of law. Due process is a requirement that legal matters be resolved according
to established rules and principles and that individuals be treated fairly. Due
process applies to both civil and criminal matters. The right to due process
guarantees that the State must respect individual rights by setting limitations
on laws and legal proceedings. Due process balances the power of law of the
land and protects the individual person from it.
What Is Procedural Due Process?
Procedural due process limits state and federal power by requiring certain
procedures to be followed in both criminal and civil matters. The Fourth
Amendment right against unlawful search and seizure, the right to a trial by
jury, the right to an attorney, and freedom from self-incrimination are all
examples of provisions central to procedural due process.
It is the guarantee of procedural due process that ensures you will have your
day in court if you are arrested and that your trial will be a fair one presided
over by a jury of your peers. If there is a problem with the procedures used
to collect evidence, or a problem with the methods used to secure a
conviction, you can argue your procedural due process rights were violated.
This can lead to the exclusion of evidence from being used in court
proceedings if it was collected illegally, and to the overturning of an unjust
conviction.
What is Substantive Due Process?
Substantive due process is based on the premise that the constitution protects
the public from unwarranted government intrusion infringing upon their
fundamental rights. If the government passes a law that infringes on life,
liberty, or property rights, a substantive due process analysis must be
performed.
What Is the Difference Between Substantive and Procedural Due Process?
Substantive due process determines whether a law violates constitutional
protections. Procedural due process refers to how the law is carried out.

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.
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this, or the preceding section shall
be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble
7and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of
civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to documents
and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes
not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
 (2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll
tax.
Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.

CONSTITUTIONAL RIGHTS
These are the rights guaranteed under the fundamental charter of the
country.
STATUTORY RIGHTS
These are rights provided by the law. Making body of a country or by law,
such as the right to receive minimum wage and the right to preliminary
investigation.
WHAT ACTS OF CONGRESS CONSTITUTE AS EX-POST FACTO LAW?
GIVE EXAMPLE.
1. Adam Walsh Child Protection and Safety Act
In July of 2006, President George W. Bush signed the Adam Walsh Child
Protection and Safety Act. The Act received its name in honor of a young
 victim who was murdered after his abduction from a mall in Florida.
Otherwise referred to as the “Walsh Act,” this law designates three “tiers,”
or categories, of sex offenders, grouping them by the severity of their
crimes.
2. Cybercrime Prevention Act of 2012
Officially recorded as Republic Act No. 10175, is a law in the Philippines
that was approved on September 12, 2012. It aims to address legal issues
concerning online interactions and the Internet in the Philippines. Among
the cybercrime offenses included in the bill are cybersquatting, cybersex,
child pornography, identity theft, illegal access to data and libel.

LATIN MAXIMS RELATED TO CRIMINAL LAW

1. NULLUM CRIMEN, NULLA POENA SINE LEGIS – There is no crime

when there is no law punishing it.
2. ACTUS ME INVITE FACTUS NON EST MEUS ACTUS - An act done
by me against my will is not my act.
3. ACTUS NON FECIT REUM NISI MENS SIT REA – The act itself does
not make a man guilty unless his intentions were so.
4. CULPA – Means fault. There is fault when the wrongful acts result from
imprudence, negligence, lack of foresight, lack of skills.
5. MALA INSE – Wrong from their nature.
6. MALA PROHIBITA – Wrong merely because prohibited by statute
7. ACTUS REUS – Criminal act
8. MAN REA – Criminal intent