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POLITICAL LAW FUNDAMENTALS

1. Which of the following changes would require: (x)


REMINDERS amendment of the Constitution; (y) revision of the
Constitution; or, (z) new legislation?
1. The following material does not predict bar
questions. It is meant to orient and prepare the a. Conversion of the form of government from
mind to approach questions in Political Law, unitary to federal.
and to thus “think consti; think poli law.” b. Increasing the number of senators from 24 to
2. Do not base your answers on logic, political 42.
beliefs or sense of morality. All answers must be c. Increasing the required number of inhabitants
based on a LEGAL PRINCIPLE. Cite a of a city from 250,000 to 300,000 to be entitled
constitutional provision (do not quote the to a district representative.
provision, just state the principle), a statutory d. Creating a new intermediate appellate court
provision, a legal doctrine, or jurisprudence (no with jurisdiction to review judgments of the
need to cite the case title). Sandiganbayan.
3. Do not use civil law, criminal law or remedial e. Recognizing all children born on Philippine
law concepts in answering Political Law soil as Filipino citizens.
questions. Stick to the Constitution, the Local
Government Code, the Administrative Code, Answer:
the Election Law, the International and 1. Revision - because it changes the basic form of
principles enumerated in the Bar Syllabus. government that in turn affects the other
4. Think long, write short. Please go straight to the fundamental provisions of the constitution.
point and DO NOT use up an entire page for an 2. Amendment - because it pertains to a particular
answer. TRY YOUR BEST TO LIMIT THE provision of the constitution that does not affect
ANSWER TO NO MORE THAN 3-4 the structure of government.
SENTENCES. 3. Statutory amendment - because under the
5. Make sure the answer is COMPLETE. It is constitution, the apportionment of districts
complete if it has a LEGAL PRINCIPLE AND IT among provinces and cities according to number
IS APPLIED TO THE FACTS. To get full points, of inhabitants shall be by law.
the answer must be SHORT and COMPLETE. 4. Enactment of a law - because it is the congress
6. Take time to choose the proper words to use in that has the power to define the jurisdiction of
your answer. In the suggested answers below, various courts, except that no law may diminish
the magic words are in bold. Remember that the the jurisdiction of the supreme as provided for in
examiner is looking for certain words or the constitution.
phrases.
2. What are the methods of amending the
Constitution?
YOU WILL PASS THE BAR. TIWALA.
Answer: The constitution may be amended through
(1) a vote of ¾ of all the members of Congress; (2) a
constitutional convention; or, (3) by People’s
Initiative upon petition of at least 12 percentum of the
total number of all registered voters.

3. Mr. A, a natural born Filipino who acquired US


citizenship eventually applied for re-acquisition of
citizenship under Rep. Act No. 9225. He now
claims that he has reverted to full rights as Filipino,
and that he must be deemed a natural born citizen
again. On this basis, can Mr. A run for the Senate
of the Philippines?

Answer: A senator must be a natural born Filipino.


To obtain full rights as a natural born Filipino, the re-
acquisition of citizenship under RA 9225 must be
accompanied a renunciation of the foreign citizenship.
Without renunciation, the candidate cannot run for
public office.

4. In another situation, a naturalized US citizen


executed an affidavit renouncing his foreign
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citizenship, preparatory to filing his application for b. Statute-making process; and
candidacy for a seat in Congress as Representative c. Declaration of martial law.
of his district. After he had been declared the
winner in the election, it was discovered that
despite his renunciation of foreign citizenship, he Answer:
continued to use his US passport in his travels a. Judicial and Bar Council recommends, the
abroad. If you were counsel for the winner’s closest president appoints, and the member of the
rival, what action if any would you institute? (Use supreme court can only be removed by
your knowledge of election law). impeachment.
b. The Congress makes the law, the President can
Answer: It has been held that the use of a foreign veto.
passport, despite renunciation of foreign citizenship, is c. The President declares martial law, the Congress
evidence of an intent not to renounce the foreign may revoke or extend it, and the Supreme Court
citizenship. Since a representative of congress must may review the sufficiency of the factual basis.
be a natural born citizen, the candidate in this case
was not qualified to run for office. His proclamation 10. At the end of the fiscal year, the Office of the
may be recalled through a quo warranto proceeding. President accumulated savings of 1B Pesos arising
from the non-utilization of funds provided for in
5. What is the difference between pardon and the General Appropriations Act. Meanwhile, the
amnesty? COMELEC now needs about 600M Pesos to
conduct a plebiscite for the creation of a new city
Answer: Pardon is a presidential prerogative that is under a newly-promulgated law. COMELEC
extended to an individual who is convicted by a final requests the Office of the President to divert some
judgment. of the savings aforesaid to cover the cost of the
plebiscite, claiming that it is for a most urgent and
Amnesty is extended to a class of individuals accused public purpose. Rule on the propriety of granting
(not necessarily convicted) of a crime against the state, COMELEC’s request for diversion of funds.
and requires the concurrence of congress.
Answer: The request is not valid. It has been held that
6. Enumerate and briefly explain three Presidential cross border transfer of funds is not allowed. The
Powers stated in the Constitution. authority to allocate funds is reserved to Congress.

Answer: 11. There was a very strong opposition to the


a. Executive power: includes the power to appoint, President’s appointment of Atty. AB to the position
remove, control executive officers. of Secretary of National Defense on ground that he
b. Treaty making: may enter into treaties with the is corrupt and does not have the necessary
concurrence of at least 2/3 of all members of the qualifications to run the department. The
senate. President, however, maintained his appointment
c. As commander in chief: may call out the armed and submitted the name of Atty AB to the
forces to suppress lawless violence, invasion or Commission on Appointments for confirmation.
rebellion; suspend the writ of habeas corpus, or NGO Bantay Alagad Para sa Bayan filed a case
before the Supreme Court to enjoin the
declare martial law.
confirmation of Atty. AB. Will the case prosper?
7. What is the doctrine of qualified political agency?
Answer: No, it will not prosper. The appointment of a
department secretary is reserved to the President, and
Answer: The president, in the exercise of his power of
is a political question that is not justiciable.
control, can amend, adopt, revoke any action of a
subordinate or alter ego.
12. What is the concept of fiscal autonomy of the
Supreme Court? (Make sure to always invoke a
8. Can the President practice his profession as a
constitutional law provision or concept.)
lawyer?
Answer: Under the constitution, the Supreme Court
Answer: No, there is a constitutional prohibition
budget cannot be decreased from the prior year, and
against the exercise by the president of any profession.
should be automatically released.
9. Explain how the principle of checks and balances
13. A. X, a student at Andres Bonifacio Public High
operates among or between the executive,
School, and Y, a teacher at the same school, both
legislative, and judicial branches of government in
belong to a religion which prohibits participation in
the following areas of concern:
any political activity, including rallies and
a. Appointment and removal of members of
demonstrations. During an anti-government rally
the Supreme Court;
that was organized by the faculty and students,
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Student X and Teacher Y stayed away from the or discriminated against as shown by the presence of
rally and instead went to the library where teacher all religions in the educational institution. Also, the
Y mentored student X on the tenets and teachings purpose is secular and has nothing to do with
of their religion. The principal then sanctions advancing or propagating the faith of any religion.)
Teacher Y for teaching religion inside the school,
which is not included in the curriculum. 15. Ms. Z is a strong advocate of the government’s war
against drugs. She has verbalized her support for
Can Teacher Y be sanctioned? the vigilante groups who have been accused as
responsible for the spate of killings of suspected
B. In the same situation, can Student X be drug users and pushers. Following an
compelled by the principal to attend the rally on announcement from the chief of police that there
ground that it is an official school activity? would be a crackdown on vigilante groups, Ms. Z
was invited by the police for a dialogue at the police
Answer: station.
a. Yes. It has been held that for religion to be taught
in a public school, there must be written consent (In answering the following questions, please focus
of the parents. No one can be compelled to on what constitutional rights, and any limitations
receive religious instruction in a public school. to such rights, are involved. Always BRIEFLY
This is in keeping with the doctrine of separation explain your answer.)
of church and state.
a. Can Ms. Z be compelled to go with the police
b. No. To compel him is to violate his freedom of to the station?
expression. b. If Ms. Z willingly agreed to go with the police
to the police station, can the police ask her the
14. In another situation, the Congress passed a law for question: “Ms. Z, did you participate in any of
the purpose of promoting peace through inter-faith the vigilante killings under investigation?”
dialogue and understanding. The law provides for c. If Ms. Z unguardedly admitted to the police
the establishment of an Inter-Faith Academy to be that she in fact acted as a lookout in one of the
run and managed by priests, preachers, imams, vigilante activities that resulted in the death of
monks, and ministers of different religions, whose a person, can the police arrest her?
primary function would be to teach and propagate d. Is her confession of participation as such
the different precepts and beliefs of religions in lookout admissible as evidence in a case filed
order that the students may understand and against her and those principally responsible
empathize with the culture and beliefs of peoples of for the killing?
varying faiths. The law was criticized for violating
the doctrine of separation of church and state, Answer:
particularly in providing public funds for the a. No. Without a warrant of arrest, no individual
establishment of church buildings. can be compelled to go with the police.
b. No. Ms. Z can refuse to answer on ground of her
Is the law valid? Explain. constitutional right to remain silent. The
questioning has become a custodial
Answer: The doctrine of separation of church and state interrogation.
(Lemons doctrine) provides that: c. No. Her admission cannot be used against her
because it was obtained in violation of her right
1. the law should have a secular purpose; to remain silent; Miranda rights; right to
2. its effect should not favor or prejudice counsel. The admission is fruit of the poisonous
any religion; and tree.
3. it should not entangle with religious
belief. 16. Alarmed by the prevalence and intensity of the
culture of graft and corrupt practices in the city
Under this principle, the law in the above problem government, and in response to the people’s
appears unconstitutional because while the purpose insistent clamor for the Mayor to exercise his
seems to be secular, i.e., to promote peace, it would executive powers over the local government officers
result in promoting belief for, or rejection of, one or the and employees to curb corruption, Mayor Y issued
other religion. The outcome is therefore the an executive order that all those who are charged or
disbursement of public money to promote religious accused with graft and corrupt practices before the
beliefs. investigating bodies or the courts shall be presented
every Monday at the city hall podium, and the
(Alternative Answer: As applied to the facts, the law charges against them read through the public
will not violate the separation of church and state address system for the people to hear. He also
because there is no particular religion that is preferred directed that the accused wear tags around the neck
with the words “AKO AY NASASAKDAL SA
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SALANG PAGNANAKAW NG PERA NG
BAYAN.” Mayor Y defends his action by saying it What kind of action can the rival candidate
is a valid exercise of his executive powers to deter institute in order to unseat the councilor? Before
the commission of graft and corruption in the city. which tribunal or body must it be filed?

Do you agree with the Mayor? What rights of the Answer: Inasmuch as the ground is lack of
accused are involved? (Focus on the civil rights of qualification, a quo warranto proceeding can be filed.
the accused, and balance them with the The Regional Trial Court has jurisdiction over the
prerogatives of the executive. Always answer case.
briefly but completely).
20. An impeachment complaint was filed against a
Answer: The Mayor is wrong. There are no Supreme Court Justice on September 5, 2018 on
circumstances to justify the use of executive power by ground of culpable violation of the Constitution,
the Mayor to curb graft and corruption. The basic bribery, graft and corruption. The impeachment
rights of the accused must prevail, namely: the right complaint was dismissed on ground that it was it
to be presumed innocent, and the right against cruel was not sufficient in form and substance.
and inhuman punishment.
On February 25, 2019, another complaint was filed
17. Can the right to travel be curtailed? against the Supreme Court Justice, this time
alleging high crimes and betrayal of public trust,
Answer: Yes. When a person is an accused in a and based on newly discovered evidence.
criminal case, the court may issue a hold departure
order against him. a. Where, and by whom, is an impeachment
complaint filed?
The right to travel may be curtailed by the state for b. Is the filing of the 2nd complaint based on
extreme causes like to protect public health and different grounds and on newly discovered
safety. evidence valid?

It is also necessarily curtailed when a person is Answer:


convicted of crime and he is deprived of liberty by a. By a verified complaint filed by a member of the
final judgment, or when a person is accused of a non- house of representatives, or by any citizen upon
bailable offense and evidence against him is strong. the endorsement of any member of the house.
b. No. The 2nd complaint cannot be filed. Under the
18. Student X is conducting a research on government constitution no impeachment proceedings can be
procurement and bidding processes, and wants to filed more than once within a period of one
thoroughly study the terms and conditions of a year.
contract between the DPWH and the winning
bidder to an infrastructure project. The DPWH 21. Under the Constitution the Ombudsman may be
declined her request to have a copy of the contract removed by impeachment. May the Ombudsman be
that had not yet then been executed on ground that disbarred in an administrative proceeding filed and
it is not yet a public document, and, hence, could prosecuted during her/his incumbency? (Always
not accessed by a private individual who is not a explain your answer).
party to the transaction.
Answer: No. Under the provisions on accountability of
Is the DPWH correct? (Identify constitutional public officers, the Ombudsman cannot be removed
rights that are involved.) except by impeachment. Removing the Ombudsman
by disbarment results in the circumvention of the
Answer: The right of the people to information, constitution.
including access to official records, is not absolute,
but may be limited by law. In this case, the refusal of 22. Can the Deputy Ombudsman be dismissed by the
the agency to grant access to the document is President who appointed him?
reasonable.
Answer: It has been held by the supreme court that the
19. A municipal councilor had been declared winner in deputy Ombudsman can only be removed by the
the 2019 election, and has since been discharging ombudsman. This is in keeping with the
his duties as such, attending council meetings and independence of the Office of the Ombudsman.
casting his vote on many issues. Recently, his rival
exposed evidence that in fact the councilor never 23. What is the national territory of the Philippines
resided in the municipality to which he was elected, under the Constitution?
and that his certificate of candidacy was falsified to
make it appear that he had the minimum residency Answer: The national territory comprises the
of required under the law. Philippine archipelago, with all the islands and
UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 4 of 7
waters embraced therein, and all other territories How will you classify this land mass under
over which the Philippines has sovereignty or International Law?
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the seabed, Does it have an exclusive economic zone or
the subsoil, the insular shelves, and other submarine continental shelf?
areas. The waters around, between, and connecting
the islands of the archipelago, regardless of their Answer: Under international law, the land may
breadth and dimensions, form part of the internal qualify as an island. However, since it does not belong
waters of the Philippines. to any state, it cannot be considered as a state by
itself. It does not appear to be habitable and does not
24. How do you distinguish the concepts of: have the elements of a state. It therefore has no rights
a. jus cogens to an exclusive economic zone or continental shelf.
b. obligations erga omnes
c. et aequo et bono? 27. The “European Migrant Crisis” refers to an
enormous and unprecedented wave of refugees
Answer: coming from Syria, Turkey and many countries in
a. Jus cogens (compelling law) refers to norms that Africa who flee their country of origin because of
are considered peremptory in the sense that they persecution, war, violence, or poverty. According
are mandatory, do not admit of derogation, and to the UNHCR (United Nations High
cannot be reduced by treaty or agreement. Commissioner on Refugees) the number of forcibly
Examples of norms are the prohibitions against displaced people worldwide reached 65,600,000 at
genocide, slavery, aggression. the end of 2016. Many countries in Europe refuse
to admit these refugees.
b. Obligations erga omnes (towards all) are
obligations that are universally undeniable and What principles of international law are relevant in
acceptable as owed by states towards the the appreciation of the issues besetting migration?
community of states as a whole. Example of this (Answer briefly by citing applicable conventions or
is the obligation to respect, and the obligation to international law concepts).
answer for any breach of, norms considered jus
cogens. Answer: The Universal Declaration of Human Rights
provides that everyone has the right to seek and enjoy
c. Ex aequo et bono (fair and equitable) is the idea of in other countries asylum from persecution.
‘fundamental fairness’ as a guideline principle in
arbitration and other dispute settlement The Convention on the Status of Refugees provides
processes. that states shall as far as possible facilitate the
assimilation and naturalization of refugees. They
25. What is the difference between a treaty and an shall in particular make every effort to expedite
executive agreement in terms of requirements for its naturalization proceedings.
becoming binding and effective? Give examples.
28. The Japanese husband of a Filipino wife wants to
Answer: Treaties are superior to executive buy a residential land in the Philippines where he
agreements. Treaties are products of the acts of both and his wife may build a house where they can raise
the Executive and the Senate, unlike executive a family. The Japanese hires you to advise him on
his eligibility to buy land. What will you advise
agreements, which are solely executive actions and do
your Japanese client?
not need the concurrence of the Senate.
Answer: The Japanese is not eligible to purchase land
International conventions like the convention on the
in the Philippines. Under the constitution, individual
law of the sea or the Rome Statute, are treaties. The
ownership of lands is reserved only to Filipino
enhanced defense cooperation agreement (EDCA) is
citizens. In case of corporate ownership, domestic
an executive agreement.
corporations 60% Filipino and 40% foreign may own
lands, and may be explored as the vehicle for owning
26. What was originally just a rock island eventually
the intended purchase.
became a fairly large tract of dry land measuring
10 square kilometers, partly through the subsidence
29. ABC Corporation, a 60% Filipino and 40% foreign
of the water level and/or the continuous and
owned company, is applying for a franchise to
natural accretion of land and other solid deposits
operate a telecommunications company in the
and particles floating about the sea from other land
country. XYZ Corporation, an oppositor to the
formations in the area. This new land mass is not
franchise application, insists that ABC Corporation
within the territorial jurisdiction of any country.
must prove the truth of its 60-40 ownership
through the application of the Grandfather Rule. Is
the objection valid?
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authority is taxing the same tax base for the same
Answer: The objection is not valid. The grandfather purpose and within the same taxing period. The above
rule will only be applied in cases where there is problem distinguishes between the national
doubt as to the true ownership of the shares. government taxing authority and the local government
Otherwise, the control test will apply. power to tax.)

30. A parcel of land is being expropriated by the 32. In an administrative proceeding before the DENR
National Housing Authority for the development of to determine whether Farmer 101, an awardee of a
low cost housing for the employees of the land grant, committed fraud in his application for
government. It however appears that once such grant, the hearing officer declared the grant
successfully expropriated, the NHA would assign invalid and subject to recall. The evidence of the
to a private contractor the construction and fraud was singularly the testimony of the
implementation of the project under which the complainant that contrary to the declaration of
contractor may sell to the ultimate beneficiaries the Farmer 101 in his application, Farmer 101 never
developed house and lot packages. The construction tilled nor possessed the land subject of the grant.
company will then have the right to the proceeds
and profits of the sales. Farmer 101 now says that the decision of the
DENR must be overturned because the evidence is
The owner of the land opposes the expropriation on insufficient to establish his guilt beyond reasonable
ground that the use of the property is not for a doubt, and that therefore the recall of his patent is a
public purpose but for a commercial purpose that denial of his right to due process.
will benefit the private construction company. Rule
on the opposition. a. To which body or tribunal should Farmer 101
appeal the DENR decision?
Answer: b. Rule on the issue of denial of due process.
It has been held that in the situation above, the
purpose for the taking of the land remains public in Answer:
character. The fact that the government contracts out a. Farmer 101 can appeal the DENR decision, first,
the development of the project, which is within its to the Office of the President, then, to the Court
power to do, does not negate the fact that the of Appeals.
development is for the benefit of the employees of b. There is here no denial of due process. In an
the government that justifies expropriation. administrative quasi-judicial proceeding, only
substantial evidence is required, or that
31. The Sangguniang Panlunsod passed an ordinance evidence which is sufficient to support a
imposing a “city business tax” on all businesses conclusion; more than a scintilla; but not
operating within its territory, computed at 1% of speculative or conjecture. Proof beyond
the gross income of the business during the taxable reasonable doubt is not required.
year. The business community protested saying
that they are already paying business income taxes 33. What is the Bangsamoro Autonomous Region of
under the national internal revenue code, and the Muslim Mindanao? Provide at least 3 key features
ordinance that imposes a separate business tax of the BARMM.
amounts to double taxation and unconstitutional.
Answer:
Are the oppositors correct? a. It is a parliamentary form of government (within
a unitary Philippine government).
Answer: No, the oppositors are not correct. The LGU b. The justice system shall include the Shar’ia and
can impose levy, taxes, fees or charges on any base or traditional or tribal laws on disputes of
subject not otherwise specifically taxed under the indigenous peoples.
provisions of the national tax code. While it would c. It shall be entitled to a receive a block
seem that this is the same tax on the same taxable base, apportionment of 5% of the national income from
the LGU ordinance is not a tax on income, but a tax internal revenue and customs collections.
for the privilege of doing business in the city. The
city is also a different taxing authority from the 34. The President has not been seen in public for two
national government. Considering further the weeks; the Presidential spokesperson has dismissed
autonomy of the LGU to collect revenue under the concerns about his health saying that the President
local government code, it has been held that the local is merely resting. Under the circumstances, may
business taxes do not amount to double taxation. the Vice-President assume the position of acting
President?
(N. N. The above is a different situation from a case
that involved double taxation under the same local Answer: Under the constitution, the Vice-President
government ordinance, such that the same taxing can only discharge the function of Acting President:

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a. when the President transmits to the senate
president and the speaker a written declaration he Answer: The Supreme Court held that there is no prior
is unable to discharge the duties of his office; or restraint nor an impermissible regulation on the
b. when a majority of all the members of the journalists’ freedom of speech and of the press. The
cabinet transmits to the president of the senate acts of the military were merely brought about by the
and to the speaker of the house of representatives exigencies of the situation, and were undertaken to
their written declaration that the president is protect the safety of the civilians at the scene of the
unable to discharge the powers and duties of his incident. It is not unreasonable for the authorities to
office. anticipate and deter a possible mayhem, and to act
upon the substantive interest of the state on public
In case there is conflict between the cabinet and the safety and order.|||
president on the latter’s disability to perform his
duties, the Congress shall decide the issue. 38. A motorcycle driver is flagged down at a police check
point because the driver was not wearing any helmet as
prescribed by a local ordinance. The subsequent search
35. May a Petition for Mandamus, filed before the was conducted and police claim that they found a
Supreme Court, compel the President to reveal his controlled substance. Charges are filed against the
medical records to assuage fears that he is not in driver for violations of Republic Act No. 9165.
any condition to run the country?
Rule on the validity of the search.
Answer: A petition for mandamus will not prosper.
The above cited provisions do not confer a duty on the Answer:
part of the president to reveal the state of his health. The "stop and frisk" doctrine has been allowed
despite the right against unreasonable searches and
36. The President warned that he would use his seizures, in order to give law enforcers a legal
“extraordinary powers” for the construction of the opportunity to prevent the commission of offenses.
P18.7 billion China-funded Kaliwa Dam project in
Quezon and Rizal provinces. The Kaliwa Dam is However, "stop and frisk" searches are exceptions to
touted to be the solution to the water shortage in the general rule that warrants are necessary to
Metro Manila and nearby areas. But conduct a search. This should be balanced with the
environmentalists, indigenous groups and local need to protect the privacy of citizens in accordance
governments have opposed its construction. Is the with the constitution.
President’s statement consistent with the
constitution and statutes? "Stop and frisk" searches should thus be allowed
only:
Answer: a. on the basis of a reasonable suspicion that
The President does not have “extraordinary powers.” there is criminal activity and that
individuals are armed and dangerous;
His emergency powers under the constitution may be b. when carefully limited search of the outer
exercised only (1) in times of war or national clothing; and,
emergency, during which the president may be c. when conducted for the purpose of
authorized by Congress to exercise powers necessary discovering weapons which might be used
to carry out a declared national policy; or (2) during to assault him/her or other persons in the
national emergency when the public interest so area.
requires, to take over operation of private units or
businesses.

In the problem above, there is no war or national ACKNOWLEDGEMENTS:


emergency as contemplated in the constitution.
UP LAW BAR COMMITTEE Dean Fides Cordero-Tan
Assoc. Dean Concepcion L. Jardaleza
37. The military conducted warrantless arrests of
journalists who were covering a standoff between SUBJECT EXPERTS Atty. Arnold F. De Vera
military forces and a small rebel band (military). Prof. Dante Gatmaytan
The journalists questioned the arrests saying they
LAYOUT Renee Louise M. Co
violate their right to press and that they project a
“chilling effect” on the constitutionally-protected
freedom. Petitioners argued that the acts
complained of constitute prior restraint, as such
acts prevented journalists from carrying out the
duties of their profession to report on a matter of
public interest. Rule on the validity of the arrests.

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