The right to due process

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BY AYIN DREAM D. APLASCA
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YESTERDAY, I had a court hearing regarding my Petition for Certiorari based on Sec. 1, Rule 65 of the Rules of Court. The case was based on the ground of grave abuse of discretion that resulted to the denial of due process to my client.

Today, I’m writing something in relation to the right to due process of law as guaranteed by the 1987 Philippine Constitution. I believe this is what we need right now, especially that there killings of suspected drug users and pushers.

Due process is a human right guaranteed by the Constitution and whether you are a public official or an ordinary citizen, you have the right to this. The person we most expect to uphold and defend this is the President himself, Rodrigo Duterte.

I admire the President because he has a lot to offer to the Filipino people. I am not even against his war on drugs. However, it is unacceptable to see the President disregard this constitutional right to due process of law as he voiced out that he has no objection to the killing of suspected drug users and pushers by the police and without the assistance of a keen and completed investigation.

The killings only show that this is an unjust, unlawful and unconstitutional trial by publicity. Only public allegations are presented without solid evidence.

Due process has a twin requirement – notice and hearing. It means that an individual cannot be deprived of life, liberty or property without appropriate legal procedures and safeguards.

Of course, the Filipinos support law enforcers who risk their lives to maintain law and order and protect our lives and property and human rights. But we wish the President to uphold the rule of law and respect each individual. There should be dignity and credibility in protecting the lives and property of the people.

At the end of the day, if these problems are not resolved, these will bring out the worst of the situation. Revenge instead of hope.

Let us be firm and dedicated in respecting the rule of law, upholding due process and defending our Constitution in whatever better way we know.


(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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