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FAR EASTERN UNIVERSITY

CONSTITUTIONAL LAW

March 13, 2018 7:30 PM – 9:30 PM

INSTRUCTIONS

1. This Questionnaire contains four (4) pages. Check the number of pages and make sure
that it has the correct number of pages and their proper numbers. All the items have to
be answered within two (2) hours. You may write on this Questionnaire for notes relating
to the questions.

Read each question very carefully and write your answers in your Examination Notebook
in the same order the questions are posed. Write your answers only on the front of every
sheet in your Notebook. If not sufficient, start with the back page of the first sheet and
thereafter. Note well the allocated percentage points for each number, question, or sub-
question. In your answers, use the numbering system in this Questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent
laws and jurisprudence, and arrive at a sound or logical conclusion. A mere "Yes" or "No"
answer without any corresponding explanation or discussion will not be given full credit.
You do not need to re-write or repeat the question in your Notebook.

3. Make sure that you do not write your name or any extraneous notes or distinctive
markings on your Notebook that can serve as an identifying mark (such as names that are
not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving, or making any distinguishing or identifying mark in the exam Notebook
is considered cheating.

YOU MAY BRING HOME THIS QUESTIONNAIRE AFTER THE EXAMS.

ATTY. GIDEON V. PEÑA


Lecturer

I.
The Lord of Light Society is a relatively new religious group and movement with fast-
growing membership. One time, Davos, an investigative reporter, made a research and
study as to what the group’s leader, Melisandre, was actually doing. Davos eventually
came up with the conclusion that Melisandre was a phony who is just fooling the simple-
minded people to part with their money in exchange for the promise of eternal happiness
in some far-away heaven. This was published in a newspaper which caused much
agitation among the followers of Melisandre. Some threatened violence against Davos,
while some others already started destroying properties while hurting those selling the
newspaper. The government, afraid of the public disorder that such followers might do,
decided to ban the distribution of the newspaper containing the article.*

a. What is heckler’s veto? (5 pts.)


b. If you were the counsel of Davos, how will you argue his position? (5 pts.)

________________________________________
*Based on Bar Exam questions
Constitutional Law – Second Semester 2017-2018 2

c. If you were the Solicitor General, how will you defend the action of the
government? (5 pts.)
d. If you were the judge, how will you resolve the issue? (5 pts.)

II.
a. Leia De Trenta, a married woman, is an Undersecretary of the Presidential
Communications Operations Office. She had been living with her married driver, not her
husband, for the last 15 years. Administratively charged with immorality and conduct
prejudicial to the best interest to the service, she admits her live-in arrangement, but
maintains that this conjugal understanding is in conformity with their religious beliefs.
As members of the religious sect, Yahweh’s Observers, they had executed a Declaration
of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders.
At the formal investigation of the administrative case, the Grand Elder of the sect
affirmed Leia’s testimony and attested to the sincerity of Leia and her partner in the
profession of their faith. If you were to judge this case, will you exonerate Leia? Explain
(5 pts.)*

b. Meanwhile, Caramel, also a member of Yahweh’s Observers, was severely disappointed


at the manner the Grand Elder validated what she considered was an obviously immoral
conjugal arrangement between Leia and her partner. Caramel filed suit in court, seeking
the removal of the Grand Elder from the religious sect on the ground that his act in
supporting Leia not only ruined the reputation of their religion, but also violated the
constitutional policy upholding the sanctity of marriage and the solidarity of the family.
Will Caramel’s case prosper? Explain (5 pts.)*

III.
In a criminal prosecution for murder, the prosecution presented, as witness, a student of the
Far Eastern University Institute of Law who produced in court a video recording showing the
heated exchange between the accused and the victim that took place at the lobby of the school
barely 1 hour before the killing. The accused objects to the admission of the videotape
recording on the ground that it was taken without his knowledge or consent, in violation of
his right to privacy and the Anti-Wire Tapping Law. Resolve the objection with reasons (5
pts.)

IV.
Agents of the Philippine Drug Enforcement Agency (PDEA) were on surveillance of Valhalla
Towers, a private residential condominium in Taguig City, where the sale and use of
prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy
eyes unsteadily exiting the condominium. Once outside, the man immediately veered away
upon seeing the law enforcers. The team approached the man, introduced themselves as
agents of PDEA, then asked what he had in his clenched fist. Because the man refused to
answer, an agent pried the fist open and saw a plastic sachet with crystalline substance. The
team then took the man into custody and submitted the contents of the sachet to forensic
examination. The crystalline substance in the sachet turned out to be shabu. The man was
accordingly charged in court.*

a. During the trial, the accused challenged the validity of his arrest. If you were the judge,
how will you rule on the contention of the accused? (5 pts.)
b. The accused also objected to the admission in evidence of the prohibited drug
claiming that it was obtained in an illegal search and seizure. Rule on the objection. (5
pts.)
c. Will your answers be the same if the accused was apprehended inside the
condominium? (5 pts.)
Constitutional Law – Second Semester 2017-2018 3

V.
What is the legal distinction between EDSA People Power I and EDSA People Power II? (5
pts.)

VI.
As a requirement for membership, Kappa Kappa Kappa, a fraternity organized in Hudson
University, held its initiation rites on January 8-10, 2017 for students interested in joining its
ranks. As a result of such initiation rites, Alberto Falcone, a first-year student of Hudson, died
of serious physical injuries.

On February 20, 2017, Dean Bryce Aranda created a Disciplinary Board composed of Danielle
Songano, Carlo Veloso, Dannah Mendoza, Kathleen Cruz and Laurena Reblando to hear
charges against eighteen (18) fraternity members. On even date, the fraternity members
were informed that they had violated Rule No. 3 of the Rules on Discipline contained in the
School Catalogue and were accordingly ordered to file their written answers to the charges
on or before February 22, 2017.

In a motion dated February 21, 2017, the fraternity leaders, through counsel, requested for
copies of the evidence against them and that the investigation be held in abeyance pending
action on such request. They were later directed by the Board to appear before it at a hearing
on February 28, 2017 to clarify their answer with regard to the charges for violation of Rule
No. 3. However, in a letter dated February 27, 2017, the counsel for the fraternity members
moved to postpone the hearing from February 28, 2017 to March 1, 2017.

Subsequently, the fraternity members were directed to appear on March 2, 2017 for
clarificatory questions. They were also informed that: (a) the proceedings will be summary;
(b) fraternity leaders have no right to cross-examine the affiants-neophytes; (c) hazing which
is not defined in the School catalogue shall be defined in accordance with Republic Act No.
8049 or “An Act Regulating Hazing and Other Forms of Initiation Rites in Fraternities,
Sororities, and other Organizations and Providing Penalties Therefor”; and (d) the Board will
take into consideration the degree of participation of the fraternity members in the alleged
hazing incident in imposing the penalty.

In a resolution dated March 9, 2017, the Board found the fraternity members guilty of
violating Rule No. 3 of the Hudson Rules on Discipline which prohibits participation in hazing
activities. In a resolution dated March 10, 2017, President Tony Paguirigan accepted the
factual findings of the Board, and imposed the penalty of dismissal on the fraternity members.

a. What are the aspects of due process? Briefly discuss each (5 pts.)
b. Was there violation of the fraternity members’ right to due process? Explain. (10 pts.)

VII.
Saint Agnes Academy (SAA) is the owner of parcels of land measuring a total of 50,000
square meters, located in Legazpi City. The property is enclosed by a tall concrete
perimeter fence built some fifty (50) years ago.

On September 30, 2012, the Sangguniang Panlungsod of Legazpi enacted an ordinance


requiring fences on front yards to be no more than one (1) meter in height. Fences in
excess of one (1) meter should be of an open fence type, at least seventy percent (70%)
see-thru so as to prevent concealment of unlawful acts and "un-neighborliness." The
ordinance likewise prohibited walls and fences to be built or retained within the five (5)
meter parking area allowance located between the front monument line and the building
line of commercial and industrial establishments and religious institutions.
Constitutional Law – Second Semester 2017-2018 4

On April 2, 2014, the City Government of Legazpi sent a letter to SAA ordering it to
demolish and replace the fence of its property to make it 70% see-thru, and, at the same
time, to move it back about six (6) meters to provide parking space for vehicles.

Not in conformity, SAA filed a petition for prohibition before the Regional Trial Court of
Legazpi City.

a. What is police power? (5 pts.)


b. What are the requisites for the valid exercise of police power? Briefly discuss each
(5 pts.)
c. What are the substantive requirements for a valid ordinance. (5 pts.)
d. What is the rational relationship test? (5 pts.)
e. If you were the judge, how will you resolve the issue? (10 pts.)

Study for the Bar exams.


But more importantly, study for that day when you
could be the only one to stand up against the
deprivation of someone’s right to life, liberty, property
and love. @gideonpena