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Answers to Phil Bar Exams 1987-2006 Political Law

Answers to Phil Bar Exams 1987-2006 Political Law

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Published by: Hanna Mapandi on Mar 14, 2010
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12/10/2012

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No VIII - Juan Casanova contracted Hansen's
disease (leprosy) with open lesions. A law
requires that lepers be isolated upon petition of
the City Health Officer. The wife of Juan
Casanova wrote a letter to the City Health
Officer to have her formerly philandering
husband confined in some isolated leprosarium.
Juan Casanova challenged the constitutionality
of the law as violating his liberty of abode. Will
the suit prosper? [5%]

SUGGESTED ANSWER:

No, the suit will not prosper. Section 6, Article III
of the Constitution provides:
"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."

The liberty of abode is subject to the police
power of the State. Requiring the segregation of
lepers is a valid exercise of police power. In

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006)

52

Lorenzo us. Director of Health. 50 Phil 595,
598, the Supreme Court held:
"Judicial notice will be taken of the fact that
leprosy is commonly believed to be an
infectious disease tending to cause one
afflicted with it to be shunned and excluded
from society, and that compulsory
segregation of lepers as a means of
preventing the spread of the disease is
supported by high scientific authority."

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