(Part 28) EN BANC | HERNANDO, J.
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| (Part 28) EN BANC | HERNANDO, J. |
Due process of law has two aspects: substantive and procedural. |
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Substantive due process refers to the intrinsic validity of a law that interferes with the rights of a person to his property.
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Procedural due process, on the other hand, means compliance with the procedures or steps, even periods, prescribed by the statute, in conformity with the standard of fair play and without arbitrariness on the part of those who are called upon to administer it.
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| SHOP HERE VOL. I VOL. II In order that a particular act may not be impugned as violative of the due process clause, there must be compliance with both the substantive and the procedural requirements thereof. |
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[Here], As nowhere in the voluminous records of these cases have petitioners questioned the extrinsic and intrinsic validity of the Clean Water Act, there is no reason to dispute the said law. We thus restrict the discussion to whether there was a violation of procedural due process. [...]
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As to the violation of Section 8 of R.A. 9275, the justification submitted by the respondent is insufficient to justify its failure to comply with the said provision. R.A. 9275 is a statutory law, compliance of which is mandatory. It is mala prohibita as opposed to mala in se.
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Special Rules and Procedures LZD: https://s.lazada.com.ph/s.6EoZ3?cc SHP: https://go.shopple.co/spntn6 Civil Procedure LZD: https://s.lazada.com.ph/s.6Ep8J?cc SHP: https://go.shopple.co/spntn8 Criminal Procedure |
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"Provided, further, that all sources of sewage and septage shall comply with the requirements herein".
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The fact of the matter is that, because of the failure to completely centralized [sic] the sewerage system and comply with Section 8 of the law, untreated water are [sic] continuously being dumped within existing water areas and the Manila Bay, resulting in the continued pollution of the said water areas.
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Read the full decision at
https://dlupload.com/filedetail/2133281042
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