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    219 views74 pages

    Const 2 Part 2

    Uploaded by

    Michelle Fellone

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    © All Rights Reserved
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    ATENEO DE MANILA UNIVERSITY ‘SCHOOL OF LAW CONSTITUTIONAL LAW (1-8, I-C, I-D, FE) FINAL EXAMINATION ‘CANDELARIA/INGLES/SANTIAGO/WILWAYCO_ (02-06.2018/2SEM,(1:000%3:000M) UNSTRUCTIONS: Your answers will be evaluated based on the appropriate application of constitutional provisions, principles and jurisprudence. Write legibly. Answer every question sequentially in the order itis asked.) Part |: Answer the following questions with a simple “yes” or “no”, followed by a short legal explanation. Answers should not exceed three lines. Three questions to one page of your blue book. Each infraction shall merit a 2-point deduction. (5 points each; 30 points total) Can Congress revive the Death Penalty Law for anyone who libels the President? b, Can Andres Friedman y Silva, a Spanish national and businessman, own a school in the Philippines? & Can the building owned by the Holy Angels Montessori (a non-stock, non- Profit school) but is leased out to a fast food chain be subject to real Property tax imposed by the local government unit where the school is located? 4. Can an elementary public school teacher refuse to teach the parts of the reproductive system on the ground of academic freedom? ©. In order to make sure that voters knew who they were voting for, can Congress require potential voters to write a single half-page essay (in the language they're most comfortable with) about their Presidential candidate of choice in the ballot? Non-submission of essay will invalidate the ballot. f. Cana person be stopped and frisked without probable cause? Part I: Essay I Mary Ann Nepomuceno is a young Filipina, who fell in love and married Dr. Ned Armstrong. Dr. Armstrong is a citizen of the Republic of Boazania. Under Boazanian laws, marriage does not automatically vest Boazanian citizenship to the non-citizen spouse, but it entitles the non-citizen spouse to apply for naturalization through administrative proceedings. Two years after she married Dr. Armstrong, Mary Ann filed her application for naturalization, which was granted some time in 1962. The following year, Mary Ann gave birth to Steve. Steve grew up in Boazania, but Mary Ann made sure that Steve was familiar with Filipinc culture and that he could speak and understand Filipino. Mary Ann would regularly bring Steve to the Philippines during his summer breaks. Steve loved and enjoyed being in the Philippines. When he turned 19, he returned to the Philippines and elected Philippine citizenship. He then completed his college degree in the University of Camp Falcon, where he graduated with honors with a degree in robotics engineering, Misty Indigo is a young citizen from the United States of Kanto, who married Brock Lesnar, a Filipino citizen. In 1966, Misty gave birth to a baby git! in the Philippines. Misty and Brock named their daughter Jaime. Jaime was born and raised in the Philippines. She also attended the University of Camp Falcon. When Jaime was 18, she got pregnant and gave birth to a girl, whom she named Ash. The father of Ash is unknown. In 1987, when Jaime was already in her final year in college, she met Steve, who, at that time, was completing his masteral degree in volting robots. Jaime and Steve dated for a year, before marrying in 1989, Steve loved and treated Ash like his own daughter, but never legally adopted her. Steve and Jaime also had their own children, namely, Big Bert, Little Jon, and Zandra, Big Bert and Little Jon were both born in the Philippines in 1990 and 1992, respectively. On the other hand, Zandra was born in 1999 in the United States of Kanto, while Jaime and Steve were visiting Misty and Brock. The United States of Kanto follows the principle of jus sol When Big Bert graduated from college in 2011, he immediately migrated to the Republic of Boazania. In 2015, he became a naturalized Boazanian citizen. Steve, now in his 50's, wants to set-up a corporation name “Voltes Vee Inc.” in the Philippines, which will be engaged in the manufacture of small-scale educational robots for children. However, because he cannot meet the minimum capitalization that will allow more than 40% foreign equity ownership for domestic market enterprises required under the Philippine Foreign Investments Act, he sought your advice, as his lawyer, on how he can best structure the corporation to comply with Philippine laws. You recommended that at least 60% of the capital in Voltes Vee Inc. be issued in favor of Filipino citizens, while the remaining 40% may be issued to foreigners. Steve proposes the following distribution of ownership in Voltes Vee Inc. among the members of his, family: Zandra Mary Ann {s the proposed structure compliant with the capitalization requirement of at least 60% Filipino ownership in Voltes Vee Inc.? Answer with a simple “Yes” or “No” and explain by discussing the citizenship of each of the proposed shareholder and how this affects their corresponding percentage ownership in Voltes Vee Inc. Limit your answer to a maximum of four lines each per shareholder. The name of the shareholder should be specified on the line before the four-line explanation for each shareholder, Any explanation beyond four lines shall be deemed not made and shall not considered. (15 points) un Marck Macara is a competitive figure skater. While training for the Philippine Figure ‘Skating Championship, Marck was attacked by a man who was wearing red pants, a light-green short-sleeved shirt with pineapple print, and a fedora hat. Ryanna, the security guard who was stationed in the place where Marck was training, immediately checked on Marck to see if he was okay. She asked Marck to describe the perpetrator. Still startled, Marck described that his assailant was wearing red pants, a light-green short-sleeved shirt with pineapple print, and a fedora hat. After getting the description of Marck’s assailant, Ryanna ran outside of the building hoping to pursue the perpetrator. In the convenience store in front of the training arena, Ryanna saw Tony, who was wearing red pants, a light-green short-sleeved shirt with pineapple print. Tony was holding a fedora hat. Ryanna apprehended Tony and brought him to the nearest police station. ‘At the police station, Ryanna narrated that Marck was attacked by someone wearing red pants, a light-green short-sleeved shirt with pineapple print, and a fedora hat. Tony did ot contest Ryanna’s statement; he steadfastly remained silent and refused to give any written statement. Later in court, Ryanna testified and narrated the statements she gave the police over Tony's counsel’s objections. While Tony presented his own witnesses to prove that he was in the convenience store at the time Marck was attacked, he himself did not testify. The court convicted Tony, relying largely on his admission of the charge by silence at the police station and during trial. Is the ruling of the court correct? (5 points) u, A robbery with homicide had taken place. Coco, Martin, and Cardo were invited for questioning based on the information furnished by a bystander that he saw them outside of the victim's house at about the time of the commission of the crime. ‘Thereafter, the police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime. Cardo initially resisted, but after a few more questions, he eventually broke down and admitted his participation in the crime. The police then called the city prosecutor, Atty. Julia Montis to serve as the trio's counsel and to advise them about their rights during the investigations. Coco and Martin, weakened by Cardo’s early admission, likewise admitted their participation. The trio thus signed a joint extra-judicial confession which served as the main evidence against them at their trial. They were convicted based on their confession. Should the judgment of conviction be affirmed or reversed on appeal? (10 points) v. Sheila accused Gino of raping her at her boarding house at Sogod, Southern Leyte. A preliminary investigation of the case was commenced before the judge of the Municipal Circuit Trial Court (MCTC) of Sogod. A warrant of arrest was issued against Gino, so he voluntarily surrendered and was then incarcerated at the Sogod Municipal Jail. Gino filed a Motion for Bail. Hearings on the motion commenced but Sheila failed to appear. Only Gino presented evidence. Thus, the MCTC allowed Gino to post bail. Gino was released after posting a surety bond. The records were forwarded to the Provincial Prosecutor's Office of Southern Leyte Which found probable cause against Gino and an Information for Rape was filed on June 11, 2008. A warrant of arrest was immediately issued against him and on June 27, 2008, Gino was detained. Arraignment was set for July 31, 2008. In the meantime, on July 3, 2008, Gino filed a Motion to Admit Cash Bond in Lieu of Surety Bond; thus, in an Order dated July 10, 2008, the RTC cancelled the July 31, 2008 schedule for arraignment and reset the arraignment and hearing on said motion for August 20, 2008 At said scheduled date for arraignment and hearing on the motion, nobody appeared for the prosecution. Hence, the RTC issued the Order resetting the arraignment for October 31, 2008, stating that “should the prosecution fail to appear on the next scheduled hearing, this Court will order the dismissal of this case for failure to prosecute.” On October 28, 2008, Sheila, through her private counsel, filed a Motion for Cancellation of Hearing, praying that the scheduled arraignment on October 31, 2008 be cancelled due to the pendency of her petition for transfer of venue. Her private counsel, the authorized private prosecutor, did not appear on said hearing date. The hearing on October 31, 2008 proceeded as the RTC ruled, in its Order issued on the same day, that unless restrained by a higher court, the mere pendency of a petition for transfer of venue is not sufficient reason to suspend the proceedings. Moreover, counsel for accused invoked the accused's right to a speedy trial and, thus, private respondent was arraigned in the presence of the Provincial Prosecutor who was designated by the RTC to represent the prosecution for the purpose of arraignment. Pre-trial was set for November 13, 2008. Nevertheless, said schedule for pre-trial was cancelled as the Presiding Judge of the RTC had to attend a Philippine Judicial Academy Seminar, and pre-trial was reset to November 24, 2008. On November 24, 2008, the day of the pre- trial itself, the private prosecutor again filed a Motion for Cancellation of Hearing, again using as justification the pendency of the petition for transfer of venue. The pre-trial was terminated and scheduled the initial hearing for trial on the merits for December 12, 2008. On December 12, 2008, no one appeared for the prosecution, prompting counsel for accused to move for dismissal of the case on the ground of failure to prosecute. Gino's motion to dismiss was denied and hearing was reset to January 16, 2008. Again, on the very day of the January 16, 2009 hearing, the private prosecutor filed an Urgent Motion for Cancellation of Hearing, stating that it was only on January 14, 2009 that he was furnished a copy of the notice of the January 16, 2009 hearing and he had to attend @ previously scheduled hearing for another case he was handling, set for the very same date. The RTC disposed, thus: - - Again notably absent are the private prosecutor, the two public prosecutors designated by the Department of Justice to prosecute this case as well as the private complainant herself Alast minute urgent motion to reset was filed by the private prosecutor, but the same is denied being in violation of the three (3) day rule in filing written postponements. After hearing the arguments coming, from both the public prosecutor assigned to this Court and counsel for the defense, the Court deems it Proper to act on the urgency of the matter prayed for by the said counsel. Considering that the accused has been languishing in jail since June, 2008 up to the present and to allow him to stay in jail for a single minute, it is quite unreasonable and would violate his right to speedy trial. WHEREFORE, finding the motion of the counsel for the accused to be based on grounds that are meritorious, this Court pursuant to the rule ‘on speedy trial hereby orders this case dismissed for failure of the prosecution to prosecute or nolle prosequi. Is the dismissal proper? Rule on the matter. (10 pts.) v. ‘At around 2:30 p.m. of September 6, 1998, SPO2 Alberto Ngina of the Philippine National Police (PNP) Tublay Station received an information from a confidential agent that a jeepney with Plate No. AYB 117 at Km. 96, Atok, Benguet was loaded with Benguet pine lumber. SPO2 Ngina immediately relayed the information to SPO4 Rentao Quitoriano and SPO1 Domingo Pulig. They then swiftly established a checkpoint in Acop, Tublay, Benguet. At around 4:00 p.m. of the same day, the PNP operatives spotted the jeepney heading toward La Trinidad. They flagged it down but it did not stop. Hence, they chased the vehicle up to Shilan, La Trinidad where it finally halted. The police saw five persons inside the jeepney then loaded with assorted vegetables, like womboc and chili When SPO4 Quitoriano lifted awomboc, he found some pieces of lumber underit. The driver and his companions admitted they have no permit to transport the lumber. The police immediately arrested and investigated petitioners, Marso Insiong Dumpit, Armando Palasi, and Ben Arinos for violation of Section 68 of the Revised Forestry Code. Was the search and seizure of the lumber valid? Rule on the matter. (10 pts.) vi ‘On November 14, 1988, Ace was charged with the crime of murder for killing a certain Elias Cortezo. A warrant of arrest was issued by the RTC against him on November 21, 1988. He remained at-large until May 24, 1996 when he voluntarily submitted himself to the jurisdiction of the court accompanied by his counsel. Immediately, arraignment proceeded during which he entered a plea of "Not Guilty.” On the same day, the prosecution called to the witness __stand the wife of the victim, Dani, She testified that: (1) she has executed an affidavit of desistance; (2) sheisnolonger interested in prosecuting the case; and-—(3).-—~—Ssother 6 witnesses of the shooting incident have turned hostile and have similarly tos: concern in pursuing the same. Thereafter, the prosecution, joined by the counsel for the accused, moved for the dismissal of the case. In light of these developments, the trial judge issued an Order dated May 24, 1996 granting the motion and dismissed the case. Subsequently, two other witnesses of the shooting incident appeared after learning of the dismissal of the case and manifested their willingness to testify. Further, two sisters of the victim assailed the allegation of lack of interest. Consequently, the prosecution filed a Motion to Set Aside the Order of Dismissal on July 22, 1996 asserting that Dani andthe accused misled the trial court and deprived the plaintiff, People of the Philippines, its dayin court. For which reason, it argued, the Order dismissing the case should be voided. (On August 21, 1996, the trial court set aside the Order of Dismissal. Is there double jeopardy? Rule on the matter. (10 pts.) vil CHR sets 2019 target for results of landmark rights- based climate change probe Published December 12, 2017 2:03pm By NICOLE-ANNE C. LAGRIMAS, GMA News The Commission on Human Rights (CHR) is targeting to release during the first quarter of 2019 its resolution on a landmark national inquiry into the alleged contribution of private “carbon majors” to climate change and its supposedly rights-threatening impact to Filipinos. Speaking to reporters on Tuesday, CHR Commissioner Roberto Cadiz, who chairs the inquiry, said the body should by that time be able to produce recommendations for local and international agencies out of the evidence to be presented by the petitioners and possibly by the respondents — of the 47 multinational corporations, only around 8 of which operate in the Philippines — in hearings in and outside of the country that are scheduled for 2018. The resolution will contain both Philippine-specific and general fecommendations, as well as a “model law” to address climate change that can be suggested globally, said Cadiz, though he remarked that it was, at the moment, “hard to anticipate all the possible outputs” of the inquiry. The inquiry will have wrapped up by the end of 2018, but will be delayed by a quarter because of “circumstances that could not be avoided,” Cadiz said. Site visitations and fact-finding missions will be held in Cagayan De Ore, Bukidnon, and Cagayan Valley, while investigations and community dialogues will be held in Albay, Quezon and Batangas. Hearings will be held in the Philippines and possibly in North America and Europe—Cadiz said they are “negotiating with a prestigious university” in each of the international locales for the conduct of the hearing. The CHR has already conducted site visitations and fact-finding ns in Tacloban and Libon, Albay, composed of in-depth interviews and discussions with residents and authorities. Tuesday's announcement came a day after a conference of the parties involved, which laid the groundwork for the expedition of the national inquiry, said to be the first to investigate climate change through a rights-based approach. The inquiry, called “National Inquiry on the Impact of Climate Change on the Rights of the Filipino People and the Responsibility Therefor of the ‘Carbon Majors’,” will be mindful of territorial jurisdiction and will be “dialogic” instead of “adversarial,” and cannot compel respondents to be present at the inquiry’s proceedings like a court could, said Cadiz. The commissioner said the inquiry aims to determine whether or not climate change impacts human rights, whether carbon majors are responsible for such, and if they do, “what can or should be done about it” At this point, blame has not yet been ascribed to any of the companies, he said. “We are a national human rights institution, which, in the context of the petition before us, largely operates on the basis of moral suasion. Our calll to parties to participate in this inquiry is really more in the nature of persuasion, rather than that of compulsion,” Cadiz said And while they cannot award damages in the event of an attribution of fault, the results of the inquiry “can be relied on as a foundation for filing cases for punitive damages later on,” he also said. The probe stems from a petition filed by environmental and human rights groups including Greenpeace Philippines, Dakila, and the EcoWaste Coalition for the CHR to investigate human rights violations due to climate change allegedly brought about in part by the activities of fossil fuel giants like Chevron, ExxonMobil, BP, Royal Dutch Shell, Total, BHP Billiton, Glencore, Suncor and ConocoPhillips. ‘Twelve of these companies have responded to the inquiry by submitting motions to dismiss or ad cautelam comments, allegedly claiming the CHR has no territorial jurisdiction over the case. But Cadiz said the inquiry would push through despite this, adding that the Commission was acting out of its “mandate” to hear a petition of alleged human rights violations. “Regardless of the number of parties participating in this inquiry, our Commission is determined to pursue it to its logical conclusion. We shall come out with our findings and recommendations, based on the evidence submitted before us,” he said. “Those who will decide not to join in this inquiry, despite the notices and opportunities accorded them as a matter of due process, will not be heard later on to complain about its outcome,” he added He noted that climate change is an international issue and encouraged global participation in the probe, adding that that he has been in talks with international governments and organizations which could help the commission carry out the historic investigation. — MDM, GMA News Does the CHR have jurisdiction over the probe? Rule on the matter. (10 pts.) eee ENDOH IMPORTANT KINDLY RETURN THIS QUESTIONNAIRE. NO PAPER WILL BE CHECKED WITHOUT THE QUESTIONNAIRE TACKED INSIDE THE BOOKLET. GOOD. LUCK: 10 Nome michaeia. 1_baverset DeFensor Subject ConStiturional Law Professor At Ingles Dote __ Sune a,201% aes even Parr faScio"conatcscnn en eee O: NO. congress mortoniy revive the death penalty punich heinous crimes. is Mot a heinous crime ac it is not wicked andis not in ine samenarure as rape, murder, ere (I)! _b: No: He cannes Own @ school in the Philippines as _ ownership is limited to Filipino citizens withthe exception 5 es cl OF the creaifionoF international schoohs ror eens 7 diglo i) is for ime buildings used sotelt tor eductional purposes. 8 tasy food chain is for prorit/commercial use: (=) a: No. acaide mic Freedom, which includes the Freedom to T_decide what to teach 16 AFFOrded only 10 institutions of higher learning, which does not include eementary sc LY No. the 1aw provides thar literacd,education and other 5 fuberantive requis i not be imposed onthe 2 Phe re quer Qht To surrrage- Not everione canwrite, nvich mower 8 Sar No: stopand Frisk requires probable c IS@ based on teasonabie ground, in accord, With the experience and expervise ofan arecting oercer, mar sates nes eg) Steve is nora Filipinocitizen because at that time he ed NOS born, his Filipino mother had been harural: and his Father i¢ a Boazanian citizen. 1n 1963, when he was born, The tana on nck 2, 8Fare 4 Phat only those oF Fi FS age the 1473 concsinurion MaSE INA oN A Nt gee Tle rftners pote aime A _ Taimeis g Filipino citienbecau he isthe child of Brock Lesnar, a Filipino cirizen: the 1072 consrimtion atrords citizenship _ 48 those born or Filipino FAYHErS: HENGE HE WAS aco born in the Phitippines:| i) ase Se —BShi 9 Fitipino cirizem becMUSE her mom isa Filiping citizen: In POE vs- comeiec, the supreme court Stated that child ever Chitd, pursvant 49 Intemational law,shati be given @ eet Srente bec ramer cumeressey 3 Raviona tint eines Reh tathensvunmrownsee yarn ine Ph Tandra tondraisa dui citizen. ehe Hermom is 2 © bUT SHE WAS borntMrf—* Aloroad, the Torcign —sountry Fonowing jus.solid maord ann a waite she bera WAS narvratizes _ __mardannis a roretgner b 192 and did nor reacquire cirizenship through — OM OF the modes OF acquisition: | wu a No: taetow The constitution grants tne accused the taht ro remain silent, and his silence cannot be used against him: If the Court Finds him guiltt solely on the ground oF his silence, such if @ violation of 19n4's Consrituriongi rights Silencedoes notamounrto Admission and should not be Used against the accu elrAly a mL — oe The judgement must be reversed on appeal: the nee sPEygee were already under custodiarinuestigarion as the=it was -fo 1enger a general inguit4 since they were deemed as SUSPECTS: Ined were also Under the custodd oF police orficens — Od the incriminating questions were_acked10 beused against them. ja insest - Offorded theright to Bemptremscompercnt and independent _ -S2eCOMNS 1 prererrabl4 OF their Choice, tight to remain —_ sitent,ané the right tole Informed of these rights: Thecibmissionswere-madeintht Cardo's admissions Nere made without the presenctand assistance or counsel Awhich makes it inadmissible. Aithough Cocoand martin “were inrormedor their rights and executed their extrajudicial confession inthe presence and withthe assistance oe Ort montis, it sHe stit cannot be admissilole inevidence -Since tty Montis is not a competents and independent unsel she is a city prosecutor a etewteror a Sovernment-empryed 1awier, and cannot be said to be independent orimparrian Yes, me dismissor is proper: the right ro a seedy trial is the tight against a vexacious, capri cious, and opressive trial fo determine whether ornot the right Ws violated, itis important 10 100) K into the hoe the delay, reason For the delay, Whether or not the ACCUSED asserted his rights, and wherher or nos the -ACCUSEd was prejudiced. Hrstrtrethetighs inthis cose, _ —the deiaj WOS Fora period of Seven months-Fre _pavotecempioinmntard-the without the rault or -the accused: The privare complainant and the public Prosecutors were Absent on several occassions without alstiriabe cause: The reason For the delay i6 nor XONid OS Bot no jsereaton justiziable reagon was Presented ror their alosence-Furrhermare, thedelay Was not due t0 The nawure of-thecase. and complexity SF the case but canbe attributed to the rout OF the —peritioners. the accused property presemsed-tt OSserted — his rights by ti Moving ror a motion for dismissal on the ground oF Eailure to prosccure- Last, being —SMiveritiobiy andunrairiy in prison for seven —Months,the accused was prejudiced by the delay Hence, since gu the requisites to. determine whether the accused's rights to a speedy trial Was violated ___ MES, me search ang seizure was val moving vehichte is AR on accepted orm oF a Warranties G€arch Since When Othe vehichle to be searched is known to the poiice OFFicers and ®@ the cannot obraina search _ warrant since thetaee tnere is uncerrainty on whether ornot the vehichle wilt be arte piace angi mevehichle can easily SS COPE the jyrisdicrion covered by the warrant a5 4 general IME, Moreover, Onl4 a visSUAl search OF the vehichle is pet miscible WOIESS thereis probable cavse arises which Narrants the ‘Starch oF the vehichle/ bodily search OF the persons therein. __ In this case, since the information was obtained at apm,and the plate nunber WSs spedtied, theserting uportne checkpoint ot U pmis valid and reasonable, since the vehichle_ ight get Away. Ine search oF the vehichle is also valid since tne jeepney driver aroused a reasonalole ground tor suspicion when hetried to escape the palice orticers 64 not stopping nhen rhe jeep Was Flagged down: Hence, When the Search Nas mage due 10 probable cause that the jeepney was Pheealing Hegal arricies, the subsequent arrest For -Pe8session oF such goods, with whichis a crime under the Revised forestry code,is vatid-[! — There is AES, theve iswuae doutoie jeopardy: zs doubie jeopardy when the rirsr jeopardy atigches, the First Aeopardy is rerminared, and the Second 1eopardy attaches: The Firstieopardy attaches when there is aninformarion charg ed, berore a court with competent jurisdiction,arrer arraignment and after a valid pica: In tnis case, Ace WAS charged with murderandatreramaignmenihe entered into a Valid plea oF not guilt: the First jJeopars4 - NOW) aS 10 the termination oF The First jeopardy, “ine case musrbe # either éismisseaon the mex s,vpon final ivdgement or acquitraror convictions dismissed without the consent of the Accused diemiscedtorinck or TheCASe has reached finality once the period tor appeal has lapsed (19 days) and can only be reversed if the trig, WAS a cham or it there 1S a showing of grave abuse OF diScrerion amounting to a lAcK OF excess or jurisdicrion _OF the rial cours: Thecase wastermimated when thetrial ——__ Judge issued the order or dismigsal oF the cage: The dismissal —has reached its Finality b4 the time a morion te serasise _the OVder OF dismissal was Filed tw ont a Hencertre meewted- commoners Even though the case was dismissed with tne consentor the acused, ithas sti Yeached its Hinauity when it was dismissed b4 tinal» judgement arrer the lapse oF the period forappeal TO reopen the case for the same OFFENSE constitures DQ -second jeopardy ang is prohibited undertne —constisution. No, cH does not havefagkaiction over the probe. The consriturion exPkegsu/rna Ndares the OAR To conduct investigarion and inguiri€s on violations oF dviland _ ; POlitican rights: This Wasmen limirarionon ins Scope wars meant to alow the CHR fo Focus First On ViglariONS oF civil “ond porinical rights, especion since wens tne SEINISED was instirured arrer the marcos regime Where sevecal visiat human rights was bioranty disregarded: However, imrne-eventinrthe this dOes nor preciude the CHR From invectigating on other yorms of human rights vidlarions in the euture ie when SEshgeUs deems it proper-inthe case OF Simonvs: CHR, the court ruled that civiland poi car rights do nor include economic rights. IF it is to be sttictiy construed and limited 10 purely civil and political rights, then just like in simon, «uch phrase —Nould hot include environmental rights. END Constitutional Law IT Final Examinations March 22, 2014, Ateneo Law School Atty. Mickey Ingles One page per question. Hence, start each question in a new page of your exam booklet and your answer to each question should not exceed one page. Do not use the backside of the page when starting a new question. Be both concise and comprehensive, Answers which exceed one page will be given the appropriate deductions, This exam will test 1) your knowledge of the Bill of Rights and 2) your skills in spotting Constitutional issues given a certain set of facts. Hence, issue-spotting is essential before answering the questions and getting full credit. Always decide with reasons. You have two hours to finish the exam. Good luck! IL. ML. In 2014, the municipality of Harana passed an ordinance requiring purchasers of contraceptives such as condoms and birth control pills to present a medical Prescription before every purchase. The ordinance was passed by the municipal board which was consisted purely by members of a strict religious sect which believed that contraceptives were the "way of the dark and the doomed.” The whereas clause of the ordinance stated, “Whereas the use of contraceptives treads on the path of the unrighteous and the unholy...” Luisito and Maria were a couple who lived in Harana and always used contraceptives. When they found out about the ordinance, they were shocked and appalled. Soon after, they filed a case in court questioning the ordinance. (10%) Gregory Gonzales was accused of theft and arraigned accordingly. He was convicted by the RTC of Manila, but upon appeal, the Court of Appeals dismissed the case, stating that the RTC of Manila had no jurisdiction over the case because the crime was committed in Batangas. Gregory was set free and enjoyed his time outside jail with his querida Lucia. However, he found out later that a new information was filed in the RTC of Batangas. He questioned the new information. (10%) The Bureau of Immigration passed a rule requiring travelers to remove their headgear whenever they are interviewed by Immigration Officials before leaving the country. The rule was passed for two reasons = first, to match the identity of the traveler with his passport; second, for safety reasons, to ensure that no weapons were concealed inside the headgear. Franco Funido was a devout member of the Jedi Church, a religion based on the Star Wars lore and which has more than 50,000 followers worldwide. One of the tenets of the religion is the mandatory wearing of a brown hooded robe. The hood must be worn at all times and can only be removed upon instruction of a Jedi Master. Franco was on his way to New Zealand to attend a Jedi Church Convention but was stopped by Immigration Officials in NAIA when he refused to remove his hood (he had no instructions from his Jedi Master, Kobi Wan-Kitobe). He Vv. ML. vu. VIL x “comings and goings of the barangay. While wai was detained for a few hours because of his adamant refusal and missed his flight. Filled with anger (which soon filled him with hate and which soon led to suffering), he filed a case in court, claiming that the rule was unconstitutional. (15%) What are the constitutional conditions before religion can be taught in a public school? (10%) Vernilla Volvotora was hired by one of the many international schools in Fort Bonifacio Global City to teach science to 3" grade students. When Vernilla got the schoo! board-approved lesson plan, she noticed that the school taught evolution theory. Not a believer in the evolution theory, she scrapped the lesson plan and decided to teach creation theory to the students instead. Joeyboy Mandaro, the principal of the school, found out about this and proceeded to reprimand and fire Vernilla. Vernilla cried her heart out, claiming asa teacher, she was free to teach what she sought was proper. (10%) Julio Casanova was a thief during the day and a lover at night. He would lure lasses with his gift of gab and after sleeping with them, would steal their Possessions as they slept. After victimizing more than 15 barrio lasses (who complained to the local authorities), he was invited by a bantay bayan over to the barangay hall regarding the alleged thievery. While he was in the barangay hall, he noticed there was a pretty reporter who covered the ing for his turn with the bantay bayan, Julio talked to the reporter and told her his modus operandi of sleeping with and then stealing from barrio lasses. Allured by her pretty eyes, he soon confessed everything (even his troubled childhood where he was not loved by his parents) to pretty reporter. He did not have a lawyer with him. During his trial, Julio objected to the presentation of his confession, saying it was a violation of his custodial rights. (15%) The City of Makatibatalaga decided to build a basketball stadium and filed an expropriation case over the property of Vda. de Cadangan. Vda. de Cadangan objected, stating that there was already another basketball stadium three blocks from the proposed site of expropriation. (10%) Glindo Dagood owned a parcel of land which overlooked the plaza of their municipality. Glindo wanted to build a high-rise building but the municipal council passed an ordinance that any building more than two storeys high should not be erected in the vicinity of the plaza. Glindo got pissed so he attacked one of the councilors who passed away a few days later. Glindo was charged with murder. He sees you walking down the street, recognizes you as a law student because of your sharp sartorial sense, and asks for your help. He wants to know if he could post bail or not. What will you tell him? (10%) Who are considered citizens of the Philippines? 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He made a och onion fo _ pov 100 Pe nme reper nat te te fentay toyan fragh be var /n Ms ferorguy pall js Ke queda the peotech feo comsl We ovoled of dine fie /caegeay had pile 2 ar abet boyen Zen obo 2( whith Ht suny poketd ay feol) not pile ag fhe anyon amt dove befare —_teee_pae fy a te Tare can be vv vated axpopn ction of We ds Codeyan's jp fe thee ea vad expan afi, thee walk pute poepors ip ri o. iat a end whens ia got, tn aul the Thad worte to i yuppove = lA Thif ua ep ter vet smelt _tammund Maket bata! dodiy a bask bell Hedin Henan Vidas de Cook t would tll him thot gue onthbvbww quent the nigni 10 bails fowever, thil_ngh? covjd not be availed— of by, peas cfaged wilh | the prrally of retloiins prpetve whin the Widnes of gull ut dewrg. ee ams he ae tunadared eC of the Pralppines wees anording te Meide of tha Unthluby | ere: _| there wheat the thine of te alabhinmal —| of HA? mAbivnun, are _filpmnr_utirers fost ter Bnpins ahr by momage we ae uninred Bip | bmnmg Jagard ~~ vp _repdnieb on Raper ab daliy_ maker haretlat ths rl cibaeMp beeen of | esnarnit_by_piitheal wuxibly Filia Mirnrggans upon Lamphajng win tre tepornefiom pruat- & Constitutional Law Final Examinations Candelaria/Santiago/Ingles/Wilwayco June 7, 2017 (3-5pm) (Sections B, C & F) Kylo Irving Ren was an 11-year old student in Berto Elementary School and High (BESH), a public school in Makati. Kylo and his parents were devout followers of Jediism. Jediism is based on the popular saga “Star Wars” and has become a religion in and of itself, with its worldwide followers adhering to 21 Maxims that guide them in their walk with the Force. Kylo's favorite maxim Is the Maxim of Discretion, which says: Discretion: To Become Invisible A Jedi knows there is a time and place for all things. They do not actively interfere in worldly affairs and refrain from overtly supporting or opposing other individuals or ‘organizations. One day, Principal Ken Obi decided to hold a noise rally against President Duterte during class hours. Everyone was required to attend. Upon hearing this, Kylo was conflicted because the Maxim of Discretion prevented him from doing anything political. He confided with his favorite teacher Ms. Ana Kin who was also a follower of Jediism. Ms. Kin advised Kylo to sit out the noise rally and instead go to the library where she would teach him more about Jediism. So, being the good student that he was, he followed Ms. Kin's advice and headed to the library (while his classmates were in the noise rally) where Ms. Kin taught him the Jedi Maxim of Discipline. Principal Obi found out about Kylo and Ms. Kin's little Jedi powwow and sanctioned Ms. Kin for violating the school's curriculum, which did not include any lessons cn Jediism (or any other religion for that matter). ‘The relevant portions of Ms. Kin's hearing went as follows: Ms. Kin: I'm free to teach whatever | want. Principal Odi: You know better than that, Ana. ‘Ms. Kin: Whatever. | know my rights. I'm a teacher. | finished first year of law school, you know. Principal Obi: We have a process before you can teach these sorts of things. You have to trust and follow the process. ‘Ms. Kin: The Force has always been weak with you, Ken. That's why Barbie left you. Principal Obi: That's neither here nor there. Principal Obi also sanctioned Kylo for violating BESH's policy on mandatory school gatherings, which is found in the BESH handbook. For this problem, assume that the school complied with all of Kylo and Ms. Kin's due process rights. Moreover, in answering the questions below, spotting the correct Constitutional issues is essential to getting proper marks. Discuss your answers fully and with reasons. 1. Rule on Ms. Kin’s sanction. (12 points) 'b. Rule on Kylo's sanction. (8 points) ¢: What ‘process” is Principal Obi talking about? (5 points) Candy Dato ran for Provincial Govemor of the Province of Basilan in 2010 and lost. She falled to file her Statement of Contributions and Expenditures (SOCE) pursuant to Section 14 of Republic Act No. 7166 (An Act Froviding for Synchronized National and Local Elections and for Electoral Reforms). She paid tne penalty of 15,000 tor her non-submission of the SOCE. In 2013, Candy ran for mayor of a town in Basilan but subsequently withdrew in the middle of the race. She again did not file her SOCE. When she filed her certificate of candidacy during the 2016 elections, she was disqualified pursuant to Section 14 of RA No. 7166 which Provides for the perpetual disqualification to hold public office for the commission of a second ‘OF subsequent failure to file the SOCE. Candy now goes to court to question the provision which provides for the perpetual disqualification from holding public office as excessive, harsh and cruel, thus unconstitutional. ‘She claims that the failure to file the SOCE is an offense far less grave than the serious il service laws. crimes under the Revised Penal Code and the grave offenses under the ci Accordingly, equating the non-filing of the SOCE with the latter offenses is irrational and unwarranted. Decide on the matter (10 points) On 17 June 2005, at around 9am, PO1 Pefafior received a call from an informant regarding an ongoing illegal numbers game at Barangay Villamor, specifically at the residence of Sugar Lero. A team composed of Fefaflor, PO1 Rolando Ami, a driver and a civilian asset Proceeded to Lero’s residence to confirm the report. Upon arrival, the team parked their vehicle outside the compound fenced by a bamhoo with a ‘space of 2 inches in between the bamboos. The police officers saw Sugar Lero and Mando Dogas in the act of counting money on the table lucated around 15 meters away from the fence. There were also mobile phones and calculators on the table beside a pile of small Pieces of papers. When the police entered the gate, they introduced themselves as police officers and confiscated the items found on the table consisting of cash amounting to P20,000 in different denominations, the “papelitos” which are the betting sheets, 2 calculators, 2 mobile phones and 2 pens. The police officers also arrested Sugar and Mando. arrest and seizure? Why or why not? (10 points) Was there a vs wv. Why is the Commission on Human Rights not in the same status as other Constitutional Commissions? (5 points) ve Outside a high-end mall in Makati, Martin (who was holding an unlit cigarette in his right hand), was handed a matchbox by someone standing near the entrance, Martin unthinkingly opened the matchbox to light his cigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. “The guard immediately frisked Martin, grabbed the matchbox, and sniffed its contents. After confirming that the matchbox contained marijuana, he immediately arrested Martin and called in the police. At the police station, the guard narrated to the police that he personally caught Martin, in possession of dried marijuana leaves. Martin did not contest the guard's statement; he steadfastly remained silent and refused to give any written statement. Later in court, the guard testified and narrated the statements he gave the police over Martin's counsel's objections. White Martin presented his own witnesses to prove that his possession and apprehension had been set-up, he himself did not testify, ‘The court convicted Martin, relying largely on his admission of the charge by silence at the Police investigation and during trial. Was the court correct in its ruling? (5 points) ve Melinda Mae, a natural-born Filipino, tock up permanent residence in the Canada, and eventually acquired Canadian citizenship. She then married Prinz Herman, a Canadian, and sired three children. In January 2015, Melinda Mae decided to visit the Philippines with her husband and children: Alexandra, 25 years of age, Doreen Grace, 20, and Jemimah Estelle, 16. While in the Philippines, a friend informed Melinda Mae that she could acquire Philippine citizenship without necessarily losing Canadian citizenship. Thus, she took the oath of allegiance required under R.A. 9225. @. Having reacquired Philippine citizenship, is Melinda Mae a naturatborn or a naturalized Filipino citizen today? Explain your answer. (5 points) ®. Do the chiliren — Alexandra, Doreen Grace, and Jemimah Estelle - become ino citizens with their mother's reacquisition of Philippine your answer. (5 points) vn. A robbery with rape had taken place. Eugene, Alfred, and Dennis were invited for questioning based on the information furnished by-a neighbor that he saw then, outside of the victim’s house at about the time of the commission of the crime. Thereafter, the police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime, Eugene initially resisted, but after a few more questions, he eventually broke down and admitted his participation in the crime. Elated by this break and desirous of securing a written confession soonest, the police called the provincial city prosecutor, Atty. Vincent, to serve as the trio's counsel and to advise them about their rights during the investigations. Alfred and Dennis, weakened by Eugene's early admission, likewise admitted to their Participation. ‘The trio thus signed a joint extra-judicial confession which served as the main evidence against them ‘trial, They were convicted based on their confession. ‘Should the judgment of conviction be affirmed or reversed on appeal? (10 peints) vin, Enumerate and explain, using concrete examples, the constitutional guarantees afforded the following vulnerable sectors of Philippine socie ‘& workers (private and public) (2 polnta) tam workera and farmers (2 points) ‘2, Aitban oF rural poor dwellers (2 points) @ pacple's organizations (2 points) ® porsoi.a with disability (2 points) * In Mindanao to quail the alleged rebellion being been shown in previous pecifically the Davao City President 0U30 recently declared Maria! Magad by alleged terroriats loc by the extremiat Maute group. It h investigations that the Maute group had sowed terror In Mindanac, ‘bombing incident This moming, a Maute commander was (about two hours away from Marawi City) to see! Various parts of hie body. Having been ident Wants commander, the latter's whereabouts was reported to the PNP in jarch of arrest warrant, the PNP apprehended the Maute commander who he “ch list and Order of Battle of the PNP and AFP as a result of the Maute group's siege of Maraw! City, it any, may be invoked by the Maute commander under these ‘on his way to @ hospital in Cagayan de Oro City k madical attention on account of serious. ;d by the security guard in the ‘What right clrcumatances? (5 points) 'b, Was the arrest of the Mauito commandor vatid? Explain your answer. (10 points) PLEASE RETURN THIS QUESTIONNAIRE. NO BOOKLET | WILL BE CORRECTED WITHOUT THE QUESTIONNAIR ATENEO DE MANILA UNIVERSITY SCHOOL OF LAW FINAL EXAMINATION (IB, | ©) CANDELARIAISANTIAGOMWILWAYCO CONSTITUTIONAL LAW I June 8, 2016, 2"° SEM. (6 PM — 8 PM) 1 (10 points) A proposed law creating Department of Cultural Harmony and Stability for the purpose of promoting dialogue among the socio-religious groups to prevent the proliferation of extremism provides, among others, the following: (1) establishment of an Academy run by priests, preachers and ministers assigned to the armed forces, penal institutions, government orphanage and leprosarium and sitting in an ex officio capacity as Board of Regents of the Academy; (2) teaching of History of Religious Traditions in public elementary high school and colleges by any of the religious authorities from the ‘Academy; (3) publication of books tracing the history of each religious tradition to be Tent to both public and private schools for use in History of Religious Traditions classes; and, (4) exemption of the Academy from any and all forms of taxation on the Academy's facilities nationwide. Rule on the constitutionality of the different provisions (1-4) of the proposed law. Explain your answer. Hl, (10 points) The spate of Lumad killings precipitated by a “proxy war" between government forces and communist rebels had caught the attention of the UN Working Group on Indigenous Peoples (UNWGIP). Calls for independent inquiries were responded to by DOJ and CHR in the Philippines. A panel was constituted by the DOJ Secretary while CHR designated Commissioner Armamento to head a parallel inquiry. Two witnesses, an army personnel and a Lumad activist, appeared before the respective panels. After the investigations, the DOJ And CHR recommended immunity of both witnesses from prosecution considering that they were not the most guilty. General Cruz questioned these recommendations for being violative of equal protection clause, Is he correct? Explain your. answer. I, (19 points) P-Noy earlier plannied to ensure fair and violence-free 2016 eiections. In light of the Paris attacks and the latest campaign against ISIS, P-Noy, through Proclamation 246 of 2016, ordered an all-out assault against ASG and cells of ISIS reportedly being organized in ASG controlled areas. And pursuant to the Human Security Act (Anii- Terrorism Law) he organized a joint PNP-AFP Special Action Force (SAF) to begin flashing out ASG and ISIS cells, ASG has recently Leen proscribed as a terrorist organization by the RTC of Zambvanga City. A list of ASG members in the order of battle of the PNP-AFP SAF has been circulated for immediate pursuit. Furthermore, the focal government units in affected areas were given authority by the President under Proclamation 246 "to establish security protocols and set up checkpoints in wharfs, ports and waterways within their respective jurisdictions.” Professor Kali Fate teaches religious history in the Islamic Institute of Baghdad. He is ‘an advocate for the self-determination of Caliphates being established by ISIS in Syria and Iraq. He frequents the Basulta Region (Basilan-Sulu- Tawi-Tawi) to do research: on the treatment of Muslim Filipinos. He has never made any public commentary on any of his research findings but merely uses these in his academic discussions in class. Last Friday evening, he flew to Zamboanga City and took a boat ride to Jolo. DFA officials in the Middle East were informed by Interpol (International Police) about the presence. of Prof. Fate recently. As soon as he was identified in the port of Jolo, he was accosted by the PNP-AFP SAF team and questioned inside the police station. Using the dossier a peri YeintcrPOl, the PNP-AFP SAF team found discrepancies in his travel documents, Particularly entries in his passport. He used the name “Al Dab". A tourist visa for 60 Gays was stamped on his passport. Upon seeing this, the PNP-AFP SAF toam IV. (10 points) Explain the following legal processes and the consequent effects on the exercise of one’s constitutional rights under Philippine Law. (a) Repatriation (b) Naturalization (c) Re-acquisition (d) Retention V. (10 points) pio, Badong and Rolie were invited for questioning based on the information furnished by a neighbor that he saw them come out of a house at about the time ef a alleged {ie intially resisted, but eventually broke down and admitted his participation in the police callen hy shis break and desirous of security a written confession coonest, the Bpuce called City Attomey Juan Suan to serve as the trio's counsel and (0 aciine then ‘about their rights during the investigation. Pacong anc Rollie, weakened in spirit by Lito's early admission, likewise admitted their paryeipation. The trio thus signed a joint extra-judicial confession which setvod oe the main evidence against them at their trial. They were convicted based cre tee confession, Should the judgment of conviction be affimed or reversed on appeal? Explain your answer. VL (10 points) Gontad is widely known in the neighborhood as a drug addict He is also suspected of Seine g mmomber of the notorious “Akyat-Condo Gang’ that hae proversh; eke ant and looted condominium units in the area, Rated Army Colonel Sangre — who is known aa an anti-errorism fighter who disdained manan and constitutional rights and iias been nicknamed “terror of Mifare goes now Be Head of Security of Capricomn Land Corporation, the owner ung developer of Sagittarius Estates where a series of robberies has recently taken place Sataech, 1. 2013, Conrad informed his mother, Vnangie, that uniformed security Roweven Genrgc him fora talk in their office but he refused to come, Later tat aee Ore ney Conted @PPeared to have relented; he was seen walling inte ine security Offce flanked by two security guards. Nobody saw him leave the offs otters Gonrad did not go home that night and was never seen again. The following week and after @ week-long search, Vhangie feared the worst because of ny Sangre’s reputation. She thus reported Conrad's disappearance to the police. When nothing concrete resulted from the police investigation, Vhangie upon the advice of counsel — filed a petition for a Writ of Amparo to compel Col. Sangre and the Sagittarius Security Office to produce Conrad and to hold them liable and responsible for Conrad's disappearance. Did Vhangie's counsel give the correct legal advice? Explain your answer. VIL (10 points) Warlito, a natural-born Filipino citizen, took up permanent residence in the United States, and eventually acquired American citizenship. He then manied Shirley, an American, and sired three chikiren. In August 2009, Warlito decided to visit’ the Philippines with his wife and children: Johnny, 23 years of age; Warito, Jr., 20; and Luisa, 17. While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225. (@) Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (b) Do the children become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer. Vill, (10 points) Inspired by the victory of Mayor Duterte during the recent Presidential elections, Mayor Masahol of Lupit City, a reelected official, thought of sutting an example in his city against criminality. He ordered his chief of police, Superintendent Astig, to gathor all the city’s detainees charged of any of the following offenses: (a) violation of the Dangerous Drugs Act, (b) Robbery, and (c) Theft. The detained accused were then paraded around the city ala Santacruzan ~style with labels and titles of the crime they are accused of for everyone to sew. The City Legal Officer declared the Mayor's actions a8 within the bounds of law and compliant with the Bill of Rights pursuant to the police Power of the government. Is the Mayor's actions legally justifiable? Explain your answer. 1X. (10 points) Indag is @ 3" class coastal municipality. Its population consist mostly of fisherfolk and farmer communities living within a vast government reservation. The farmers have been tilling the iand in the reservation for several generations now, but the land has not been distributed to them under the agrarian reform law since the vast area is supposedly reserved for @ provincial state college under a presidential proclamation Since the coastal town is facing the Pacific Ocean, the political clan in power in the province, which also has a member in both houses of Congress, passed a bill which Converted hundreds of hectares of agricultural land within the reservation, including the coastal area, into a Freeport and Economic Zone. The bill was subsequently passed into law as Republic Act No. 12345 creating the Indag Freeport and Economie Zone governed by the Indag Freeport and Economic Zone Authority (IFEZA). IFEZA now started reclassifying the lands from agricultural to industrial and then started its development by Building the necessary structures, such as, an airport, warehouses and other commercial and industrial buildings. AS such, IFEZA ‘started evicting and 3 relocating hundreds of members of the farmer and fisherfolk communities. The fisherfolk community was further prohibited from fishing around the coastal waters. The communities formed a people's organization, the Nagkakaisang mga Pesante at ‘Mangingisda ng Indag (NAAP!) and started protesting against IFEZA. During one of the protests, the leader of NAAPI, Ka Kolet, called on the protesters to barricade and block the entry of the heavy equipment being brought in to develop the area. The protesters lay on the ground to prevent the passage of the equipment. IFEZA requested the local police to intervene and violent dispersal ensued. Hundreds of protesters were arrested but Ka Kolet was able to escape. IFEZA wanted Ka Kolet arrested since he led the protests. The police immediately iormed tracker teams that very same day of the arrests to pursue Ka Kolet but to no avail. Three (3) days later, an informant told the Police that Ka Kolet is in a neighboring town, where he was subsequently arrest without any warrant. NNAAPI engaged you as its lawyer and asked your legal opinion on the following: (2) Whether or not there is constitutional basis to protect them and oppose the creation of IFEZA? Explain your answer. (b) Whether or not Ka Kolet's arrest is valid? Explain your answer. X10 points) The Commission of Human Rights (CHR) recently came up with a Resolution finding President-Elect Rodrigo Duterte in violation of the Magna Carta of Women based on his controversial statement regarding a murdered Australian missionary who was also taped. The resolution had made the following recommendations to government agencies to take positive steps to prevent similar incidents from further happening, to wit: 1. For the Congress to revisit the Magna Carta of Women and to include other Punitive sanctions for direct violations by individuals of the rights enumerated therein; and to amend Republic Act No. 7877, otherwise known as the Ant'- Sexual’ Harassment Act, in order to require all employers to conduct yearly gender sensitivity seminars for all its employees; 2. For the Commission on Elections to ordain and institute a code of conduct for candidates for public office and political parties to adhere to gender-sensitive language and conduct during campaigns, and to promote the rights of women; 3. For the Department of Education and the Commission on Higher Education, and other educational institutions, to incorporate gender mainstreaming and gender sensitivity education in their curricula in order to foster a culture of respect for the rights of women; and, 4. For the Civil Service Commission to study the passage of a resolution requiring all government officials to undergo yearly gender sensitivity seminars pursuant to Pnilippine obligations under the Magna Carta of Women and the Convention on the Elimination of All Forms of Discriminiation against Women, and to adopt measures to eliminate prejudices and customary practices that are anchored on the idea of the inferiority of either of the sexes or their stereotypical roles. Are these within the power of the CHR? Explain your answer. (Please return this questionnaire otherwise your paper will not be marked.) Nome PUERTO KHENETT @. Subject ONCTTUNIONAL LAWN) Yoorasec. tv 4096 Professor ATTY RP SANTIAGS Date_MNE 8 Omg ore) J ae = = peyviss 2 Bae) s 0) ee i b eae me “Que fi ROUGIONS GREMES _ Greer 1 PReGNT Deresm im - Ta5@e (A ANS SELULAR AMBA ._DOTL NON FROWOTE 98 HIB REGION - THE CREATION D Rus o Gio. 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(4 Nery FUG WHO ye, NERAUTE AL AN cuir tae (= Reavay ies wie Newent - Bonn fen AC A AUP Wo 7 AAT YA’ —_b. NeTU RAL ZAMAN ~ IC AN RUT cn ‘ooPTIN AN ALIEN AND mone Bi) Mite TH RuekYS ANO CMYZEN SHIP AC IF We WAI NatIV6 goen. IT Can @5 AcoUIRED, IOI ADMIN jSTeRTVE OR By UeeiCUnan END GAN ~2 RSPUKITION - ReeuansTION OF CM2ENE HES UML ts Co peTUUsTION hi PPS oF LOG OF Gnz6N HP OME TAN hAlD Alo “Wier Ft unos Renee an. Ale, Be eon ~_Tort_oF_Gynsnque In TNL dads, Quai et THT ed RAL —9B5,_AUDS Foe OW Cim2ENISHIE, Meus Ons NOT NBCEWOULY REQUIAD TO REMOMMEE FUAFION wt 2_ROTENTION |( Wiese 4 rail Maree UZ pio!_M Afton Daunitd ree Samy MO Révonies Wi FeMpe Omen “Seb MPO) AUICUE at A. 976 WHOAG AN JON for NOTATION Iv A Fo@RON CaN tee! cor Renowe que Paver IN unzencnie. | IN The tage AT BAR LIT BAR, LITO BNONG ANO Rowie | were _Peovidep 89 “ye ouce with A City AnDeNe) _ ——T_AOVCE Them _Adowy MEG Roun? Duane Invec- 1_TOATON. _JURICPRUDENUE PRoviOte THAT a UM Og MUNICPAL ATTORNE) IC NOT ONE OF The INOEPEN-_ DENT _ ATK oR Requlaee 85 ThE coNcTUMON. AS_A_om GE Ae&uED THAT ATY. ___ JUAN ie paises STING TRE ACuucEDs ——ukine [P5 VeMeaTION REIUTEO Tp A LONE OF MTeR6o Wink as Ow AC A CN ame NOo- TEND COUNSEL mer END THE _wAir_oF ANIeARO_caw _fAN ON BE eAED WHEN _ItRe age ViovAMOM GF hE Kiet ry LiFe, LIBERTY oR CeWRITY comMITEO By ——THE_¢TATE, AND THESE CAN BE DONE IN caeC RE EATRAMOWIAL KILLING ANO ENEVACED OIS— = APPEARANCES. AS_A_ RIGHT GRATED yNOE TE Olle OF RIGHTS, IT CAN ONY SE RAICED AGAINSD ——he_cam Opus lt AUS yo FRucitaTe and ——LMIT_IMt_@ Wires OF THE SATE OvER TwE PAE TRE CASE AT BA, [ut _MUGLED BwFoecgo 01S ER any oF _LaniRnO_wat_ nor Due yo a AG _@) THE STATS. IN FAW, It Has EEN _ —_PeEu@lYy commntto @ A Renew amy i> Yee HAO noua SEUARITS, A= —_ ATE _INCHTUNON . Givt Sawing Ok ENOACEO DEACPERAANCE OF Conte WAC _commimrsd_@y A PRVAI Hi TRE Weir es vi OF_AMPRE Win NOT PRocpeR.END a. WARUP ICA Tatas OTNeN. THE Rea - QULGTIOW AND Thine OF OAM OF ALLSLIANCE UNDER Ra gos REMUS TO A REACQWIATION oF THE AP-_ A_WATueav- BORN _CATIZEN Be Qo AUTON UNOER RA O25 BRING! BALK IY femme orATM AL A NAY Wan MUYPIND of [D “_b. AC A GNERM RULE, RA QMS CAQRIE Win iT __The_Deaiyanve TIEN P_DE MMOR CHORE). n Sree APP fiw MINOR AIL Deen + ALSO ives AcaUyeet __AupMo cmemegND — IN De cae aT «Ag, Degas omeiqoe . ON 4 No. ME Mayor’c AMan¢ Mt ae Foe {7 RUNC A GAInsT OF THe. Tia sean ne zee ecco WWNO CANICE UNLE(L PQov MILTY Andi SEEING i PeO'W 1 BMT. NO DEGRADING og DERUMANIZING PENALNECEND ___TRE AU OF OF PARADING A@OUNS The ALuuSEO-CEtA) - NERC WiTH_LA@ELC OF THE CRIME mey ARE ~—Auulsio_ot_is_taysaoanit__A Awe, ALi, TE PENALTY of 14 PAM OF OFC RAO PUNIONMENT WHERE Tab _AUWUSED ARE LABEWSD AC RIMiNALG Ever) >—_Witbovr_A FinaLconyicaions ot unetEND—_ i THe o The CRDINA NUE Nu CA corse AL. NApPl TO PATE 1 OSFO_8 6 OuTMaAieD UAvEe mie AGRARIAN RERAN) fete T_10-MR ta = TUMONAL PaoyiOo\ ON mUAL Mace XUN ON, sega a ine ana o cane. LAN —b. No ME AnRest oF KAKO ESET WAL Neal. — PRO PAE, far ACE OF MERby ayn ON ThEEay YT Aeoianto Rb u00 TPAT_KA YLT ; io A a __Peoudin AJ WWE UW. caw Nore Eee bal ——Ke KOLET WAS ARRECTD WHILE CoMMOTING Thi Cems eee (ETS Wt LGRAMNS Lil —BOAMLE gE Ta 4 BR A ANO tHE CRIM 16 NOT ONE Win) yc thera 6S._[wb AION OW Mo AONE UC E@AATED } BY 16 _Consnrunors pap Rowe 10 RELoMMEVO Tere | ReauirAns TKS PREVENTION OF ANY. FORM or —— Heck a bane _ay WS euorb chow OF he Funda Ay @AC6, Name Sehn Elland C. Gabo _ subject Constitutional Law Ir —4310 Yeor & Sec. _I-D Prt. Nilwou vow une 82015 5.63310. 95 Bap srey Sa ye Possess won ~Cstablis nek aa navision WHMCh etablishes of Academy Aun by L 4 ee Su a tans sata Chr ay Plinaritd_oh nel oh helicfrous Purposes shall be ex tint oe Felontes [Mis “i exten be IME, Used om { Suds purposes - Such being in no _pretecton clause , all aed 29. Ualh ine Law. The low) _ Were there is Reassnasle Cassi fication Cane {re AN DOS amc CHR conducted veguit iit je ORM sonnel anol be nels Gre the COM ions juclment nos nenderea . This is ‘im_ling with the tonstitilion's movidate With the CHR whese, Powers ar Limited fo jyvestioa toy human Hig is Violations . The came 6% mn inquing eh Killin bie YG. Prof tates nightie wero viola Arh were Uidlated - Tne bs accosted to tne police Station, bn R Vd vo Woman 6] omert. Not Voting one the, ae Aire & Valid wormontless amet vio) texke place, his deprivation Q Liberty ic. aie 1 Guicral Rule Rule. is noc a Whwnnunt is necson te effect” valid te ftom the time, ele in <8 cushy oy Yhe he. is also corte Nights wider cee 12 Ria thee was the Right to councel a it Shits faim qenefal and od being i iattch"upout - Funtneumct, the wlomroutless Seancn was ale ‘leant "rr not being m1 Confection with @ valid amest. This Lae gma i ah espe 2d aoest. Hig onnist bei ol lice Cann Waliddy Conduct a Valid wovnandtles s uss_seauh sper Ws cumorte. nispueonce Lace holds thot ue ols Hho Hot Hive -7— qlee wy These, Seanad ose ould mou | fo inAiwivation 67 Jwexinivotion hich is alse in ution — init sf -incenin imeem = Evidence, Jaken il lly Lite fRoIn % Peisoneus a ae admissible by virtue o rh Exdwionaw} Rule « eraree due pins im depeta ion st be anieRimiy 4 ea ls fon depron [ands tok nd 3 borne Wat be oc b Poof Fate. Jo the pews @ eeacquining | prowss of saauivie One's onigial rigival when sudn_{s test becouse, of expnass nenuncicrtion | nafURatnation + in Omelet counte one mine Countty , anet other, Lk Was ee effut of Oui ‘s beiginai Teinenhip, Qatdtal Yorn of wahanad uct % —— het feum the time of application, accordin (e: ay is ic Kl ac line cing ao aaa fT ul shi Recacquiction np cioustip mol be cqunted h Hose | i_Sitiews Phil ci enshiy | Natwraiination, cath 9, etd +b seal yep bain On in Woy , Absentini eS jen He + the citi tee me oe TE — “aa * 4. dbicod tho wal cal pe he Wg in ha Twig is ™ lint with L L hea \otin vited 4p, A Sa that a kad hi wid we nutain Oa Hey howe Wet abandoned fin Ctomitif — * s sprees ond’ Ometional ctional Confession be admissibic and wed it a tom os the Ngee fo an indepen Counsel sas ice _Violattect . Such an atteanty wha has co Counsel, Me Same would still e an INVALID extRajudi al jon WHA Counot he admissible ag evidence arc Admissible A5 evidence aml Us ext iD QD gage a ene en a be be ga ay aie Sa ee epee te oy Will tow We eeined fo have rea [| _boan Filipino citiren ' ning Fmerican citrensual id Wis natural- bern nent an alien Mm oh net loefpre We Could, Upen riaching | | his decitine canmot be Abpited Wis ease fpied mas we White tas 0 ctffeurt set A fats awd “Cinuamstantes ti Cdienchip ly Virtue a the Riation - ens My The atyariation Yo (8) NO. This is Afferent jen Ha Ce of Co wher’ and _o Plipu motien . eect citrenship because Wig eR became | hathnatid. “Thic natyogination "hoo the |_erbove#-& Since he hak alwaci Wife, Hatin _caitdun Rewounced his Pl Canwat be filipino dfitens 0s he had iat be _filipne “inens as _Alwady lst his citizenship. 4 w ition Ones ta exter fl “fat ee Nerds ay [Oya fov_cifinunsnip” Lrernselves oo € 6 necescovus nd yeti JN forall fox poe foe io: il een eet Se Tuas te pusic fo okie 2 oki, 0 soulire 2 ube [Oat temas wi wok bes onbiteary Sy spades, ae consistent Wa at her [ Ywre so pe is A mismatch on the pune a ana the means Coed ane OR _ wher oe. Meowns “unplet eee Violets Substauctive. PIOLEss . aise ee cane AG aay Henly hui tne defainees — wd Gs id ale ate fn, nique to and He tonstitutional eit against f ahuone = abishmnent ee the aljer’s actions idan thw vd on juni spractynce, Thar & i tielyed WAL “a_& Revolutionay "expho visto omar said fer gto & desta Hh sth ei ei ow posession Bland w ‘ean tial ins che the case ie pee Wo, ha Toe cate Pn foun wins fefelly_ dics —fer Te rae Pc ravides Such a an act rad “ti acai ae Leif wns essed Carotedl ‘in fais lista Covcis to ts goat ee pre a squid Win 8 ria eas ra _ — (0) INWAUD . Rinne alld wamavdt Wamevdtlers arrest antct Con arr Com lid bee Yow Peron iw telictoy phan The ae ent tw t ke Pee Ne Seaton reser ot eer nla et - iy NO. ug he HR i yews olatiol y . Jk! possess Adiudicative powers AS’ well as wjUnch ve weks. What the do jo-p assist tse victims 9s about seeking legpl judicial Actions. a _ YO - Vithetanding the fac” that the CIR in this axe a fae on Hero big “Ne nocomnmnadat ens “Har they tnited fo Wvestiqative ATENEO DE MANILA UNIVERSITY School of Law FINAL EXAMINATION MARCH 22, 2014 (1:00-3:00PM) CONSTITUTIONAL LAW Il (A & E) DEAN S.M. CANDELARIA SORSTTUTIONALTLAWI(A&E) _DEAN S.M.CANDELARIA___ (INSTRUCTIONS: Your answers will be evaluated based on the appropriate use and application of the provisions of the Constitution, constitutional principles and Jurisprudence, Please do not make any markings in your booklets, such as plea for leniency, notes, praises, etc .... Do not forget to fill-in the name card.) Problem no. 1 (S0pts.) In December 23, 2013, Mr. Jovy Lim issued to Mr. Wilson Cham two postdated checks, namely, Metrobank check no. 464728 dated January 15, 2014 in the amount ‘of P365,750 and Metrobank check no. 464743 dated January 22, 2014 in the amount ‘of P429,000. Check no. 464728 was dishonored upon presentment for having been

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