SAN BEDA UNIVERSITY - COLLEGE OF LAW

MIDTERM EXAMINATIONS
CONSTITUTIONAL LAW 2

ESSAY
I.

Pursuant to the constitutional mandate of providing reasonable regulation and supervision of all
educational institutions, Republic Act No. 7722 or the “Higher Education Act”, and Republic Act
No. 9155 or the “Governance of Basic Education Act” were enacted. Under these laws, the
authority and mandate of reasonable regulation is primarily lodged with the Commission on
Higher Education for higher education institutions, and the Department of Education for basic
education schools. During the 2021 Christmas season, the status of the National Capital
Region was downgraded to Alert Level 2 because of the low number of people getting infected
with Covid-19. Health regulations were relaxed and people started to go back to their usual
activities. In January 2022 however, a surge of the Covid-19 virus was observed which was
attributed to Omicron variant. Tests conducted showed that the positivity rate for NCR was
52%, which means that 1 out of 2 persons tested positive of the virus. Because of this, Manila
Mayor Isko Moreno declared a “health break” in Manila City for one week as the current
pandemic is purportedly taking a toll on the mental health of all residents. “Wala pong pasok
whether online or physical class, all levels para magka-health break naman ang lahat” (there will
be no classes whether online or physical, all levels for everyone to have a mental health break),
Mayor Moreno said during a virtual interview. The health break covering all levels of public and
private schools in the City of Manila shall be from January 14-21, 2022. Mayor Moreno said that
the health break is necessary as parents, students, as well as teachers are suffering from “high
levels of anxiety” amid the health crisis, and to control the transmission of the virus. Mayor
Moreno contended that as the local chief executive, he can exercise police power to issue
orders to ensure the safety and health of residents of Manila. Shortly after announcing the
health break, Mayor Moreno issued a show cause order to the University of the East – Manila
(UE-Manila) for the latter’s reported refusal to suspend classes for one week. UE-Manila was
required by the show cause order to explain why the school’s business permit shall not be
cancelled on the ground of its refusal to follow a lawful order. UE-Manila asks your opinion if the
Mayor of the City of Manila can order the suspension of classes for health break on the basis of
the police power. What would be your opinion? (10 points)

II.

Miss Princess Kate Frias, a baby-faced freshman of the San Beda College of Law, while driving
a motor vehicle, was stopped at a mobile checkpoint. Suspecting that Miss Frias is a minor,
SPO1 Umali asked Miss Frias to exhibit her driver’s license but Miss Frias failed to produce it
having left her wallet at home. SPO1 Umali requested Miss Frias to alight from the vehicle and
the latter acceded after initially protesting. Upon observing a bulge in the pants of Miss Frias,
the policeman frisked her and found an unlicensed .22-caliber pistol inside Miss Frias’ right rear
pocket. Miss Frias was arrested, detained and charged. At the trial, Miss Frias, through her
lawyer, argued that, policemen at mobile checkpoints are empowered to conduct nothing more
than a “visual search”. They cannot order the persons riding the vehicle to alight. They cannot
frisk, or conduct a body search of the driver or the passengers of the vehicle.

Princess Kate Frias’ lawyer thus posited that:

[a] The search conducted in violation of the Constitution and established jurisprudence was an
illegal search; thus, the gun which was seized in the course of an illegal search is the “fruit of
the poisonous tree” and is inadmissible in evidence.

[b] The arrest made as a consequence of the invalid search was likewise illegal, because an
unlawful act (the search) cannot be made the basis of a lawful arrest.

Rule on the contentions.

III.

Sandino Polinar is an investigative journalist covering the military beat. He is working on a story
to expose the fact that soldiers deployed in combat zones were administered expired Covid-19
vaccines. He is doubly concerned because recent pronouncements from health officials say
that with the new variant, exposure to stress aggravates the effect on the infected person which
usually leads to fatalities. Military intelligence officials got information of the investigative story
and threatened the newspaper publication of closure should they publish it because the same
will affect national security. The newspaper proceeded with their publication which resulted in
the military losing key operations against insurgents because of the demoralization caused by
the story on the soldiers in the battlefield. Can liability be ascribed to the newspaper
publication? Decide (10 points).

IV.

Patients with legitimate medical needs can now access locally unregistered medicines
containing dangerous drugs. In consultation with concerned agencies including the Department
of Health and the Food and Drug Administration, the Dangerous Drugs Board approved Board
Regulation No. 0210, Series of 2022 providing for the issuance of license to acquire, possess
and use drug products containing dangerous drugs that are not registered in the Philippines but
are registered in other countries. The regulations aim to guarantee safe, affordable and
accessible medicines for public consumption and compassionate use. The license may be
applied with the Philippine Drug Enforcement Agency (PDEA) by the patient, his/her parent,
spouse, guardian, or relative within the fourth degree of consanguinity or affinity. The license
will be issued for the use or acquisition of drug products for patients with life threatening and
debilitating diseases, cancer and terminal diseases, rare forms of neurological conditions, and
other diseases with limited therapeutic options identified by the DOH. The applicant for license
must provide to PDEA the personalized prescription which shall contain the date of prescription,
name of patient, name of prescribing physician, PTR No. of the physician, License Number of
the physician, address of the patient and the physician, telephone number, brand name or
generic name of the drug, total number of units to be supplied in words, followed by its
equivalent in Roman numerals enclosed in parenthesis; specified direction for use, and a
disclosure of conviction for drug abuse of any relative of the requesting patient or physician
within the fourth degree of consanguinity or affinity. To ensure that the medicine is used for
legitimate purposes only, the foregoing information may be shared by the PDEA with other
government offices and law enforcement agencies for validation and for whatever legal purpose
the agency may deem appropriate. Is the Board Regulation No. 0210, Series of 2022 valid and
constitutional?

V.

The National Grid Corporation of the Philippines (NGCP), a government entity involved in power
transmission, had its transmission lines traverse some fields belonging to Farmer Gianfranco
Labadnoy. NGCP did so without instituting any expropriation proceedings. Farmer Labadnoy,
not knowing any better, did not immediately press his claim for payment until after ten years
later when his son Gianfranco Jr. took up Law in San Beda and told him that he had a right to
claim compensation. That was then the only time that Farmer Labadnoy demanded payment.
Because he was perceived to be just a lowly farmer, NGCP ignored him. Farmer Labadnoy
instituted a case for payment of just compensation. In defense, NGCP pointed out that the claim
had already prescribed since under NGCP’s Charter it is clearly provided that “actions for
damages must be filed within five (5) years after the rights of way, transmission lines,
substations, plants or other facilities shall have been established and that after said period, no
suit shall be brought to question the said rights of way, transmission lines, substations, plants or
other facilities.” If you were the lawyer of Farmer Labadnoy, how would you protect and
vindicate the rights of your client? (10 points)

VI.

Allmighty Apostles is a relatively new religious group and movement with fast growing
membership. One time, DeepThroat, an investigative reporter, made a research and study as to
what the group’s leader, Maskeraid, was actually doing. DeepThroat eventually came up with
the conclusion that Maskeraid was a phony who is just fooling the simple-minded people to part
with their money in exchange for the promise of eternal happiness in some far-away heaven.
This was published in a newspaper which caused much agitation among the followers of
Maskeraid. Some threatened violence against DeepThroat, while some others already started
destroying properties while hurting those selling the newspaper. The local authorities, afraid of
the public disorder that such followers might do, decided to ban the distribution of the
newspaper containing the article. DeepThroat went to court complaining about the prohibition
placed on the dissemination of his article. He claims that the act of the authorities amounts to a
violation of press freedom. On the other hand, the authorities counter that the act was
necessary to protect the public order and the greater interest of the community. If you were the
judge, how would you resolve the issue? (10 points).
MULTIPLE CHOICE

VI.

In preparation for the construction of the new international airport in Bulacan, the
Municipality of Bulakan passed an ordinance requiring the height limit of all
improvements to be introduced (not to exceed nine meters) within three-kilometer radius
from the location of the airport. This ordinance constitutes a:

1. Taking in eminent domain;

2. Taking in police power;
3. Regulation in eminent domain;
4. Regulation in police power.

VII.

Specific provisions of the bill of rights create different zones of privacy. To successfully
claim the right to privacy however, the individual must satisfy both the subjective and
objective tests of reasonable expectation of privacy. The determinative factor in
satisfying the subjective test is:

1. The physical surrounding;

2. The type of activity involved;
3. The conduct of the person claiming the right;
4. The custom of the place.

IX.

Using the description of the supplier of shabu given by persons who had been arrested
earlier for selling it, the police conducted a surveillance of the area indicated. When they
saw a man, who fitted the description walking from the apartment to his car, they
approached and frisked him and he did not object. The search yielded an unlicensed
gun tucked on his waist and shabu in his car. Is the search valid?

1. No, the man did not manifest any suspicious behavior that would give the
police sufficient reason to search him.
2. Yes, the police acted on reliable information which proved correct when they
searched the man and his car.
3. Yes, the man should be deemed to have waived his right to challenge the
search when he failed to object to the frisking.
4. No, reliable information alone, absent any proof beyond reasonable doubt
that the man was actually committing an offense, will not validate the search.

X.
Which one of the following is not a proper test in cases of challenges to governmental
acts that may violate protected speech (2 points):

1. clear and present danger;

2. balancing of interests;
3. reasonable relation;
4. dangerous tendency;
5. none of the above.

XI.

Market value for purposes of determining just compensation in eminent domain has
been described as the fair value of property (2 points):

1. between a willing buyer and an unwilling seller;

2. between a willing buyer and a willing seller, albeit at a future time;
3. between a willing buyer and a willing seller;
4. between a willing buyer on terms and a willing seller at a defined
future time;
5. none of the above.

XII.

Which of the following statements is true and accurate?

1. Any property may be taken in the exercise of police power;

2. Police power and power of eminent domain are mutually exclusive;
3. Tax laws may be enacted in the exercise of police power;
4. Noxious properties are regulated in the exercise of police power.

XIII.

Which one of the following circumstances is NOT an element of taking under eminent
domain (2 points):

1. The property must be devoted for public use;

2. Entering upon public property for a momentary period;
3. Under color of legal authority;
4. Devoting it to public use;
5. As substantially to oust the owner of all beneficial ownership.

XIV.

The complementing regime that best characterizes the guarantees of freedom of

speech and of the press are (2 points):
 1. prior punishment and moderate punishment;
2. prior censorship and subsequent remedies;
3. no prior restraint and subsequent punishment;
4. no prior restraint and no subsequent punishment;
5. none of the above.

XV.

Just recently, the Department of Health issued the regulation for the administration of
second booster vaccine against Covid-19 virus for the senior citizens, front-liners and
immunocompromised adults. What level of scrutiny should be applied to determine the
reasonableness of the regulation of the DOH?

1. Rational basis scrutiny;

2. Intermediate scrutiny;
3. Strict scrutiny;
4. Compelling state interest scrutiny.

XVI.

Facial challenge of governmental acts may be successfully mounted on the ground of

violation of equal protection of the law provided that the basis of constitutional challenge
is:

1. Lack of substantial distinction;

2. The classification is not germane to the object of the law;
3. The reasonableness of the classification is limited only to the existing
conditions;
4. The law does not apply equally to all members of the same class.

XVII.

Under Article III, Section 2 of the Bill of Rights, which provides for the exclusion of
evidence that violate the right to privacy of communication and correspondence, to
come under the exclusionary rule, the evidence must be obtained by (2 points):

1. private individuals acting on their own;

2. government agents;
3. private individuals acting on orders of superiors;
4. former high government officials;
5. none of the above.
XVIII.

Where a police officer observes unusual conduct which leads him reasonably to
conclude in light of his experience that criminal activity may be afoot and that the
persons with whom he is dealing may be armed and dangerous and he identifies
himself and makes reasonable inquiries, but nothing serves to dispel his reasonable
fear for his own or other’s safety, he is entitled to conduct a carefully limited search of
the outer clothing of such persons for weapons. Such search is constitutionally
permissible and is known as a (2 points):

1. stop and search;

2. stop and frisk;
3. stop and interrogate;
4. stop and detain;
5. none of the above.

XIX.

Statement I: A self-executing provision is one which is complete in itself and becomes

operative without the aid of supplementary or enabling legislation, or that which supplies
sufficient rule by means of which the right it grants may be enjoyed or protected.

Statement II: The Doctrine of Overbreadth provides that governmental purpose to

control or prevent activities constitutionally subject to state regulations may not be
achieved by means which sweep unnecessarily broadly and thereby invade the area of
protected freedoms.

1. Both statements are true.

2. Both statements are false.
3. Only statement I is false.
4. Only statement II is false.

XX.

A government regulation may require the disclosure of matters normally considered

private upon a showing of a compelling State interest and that the provision itself is
narrowly drawn. To be valid this type of governmental regulation must pass the:

1. Rational relationship test;

2. O’Brien test;
3. Clear and present danger test;
4. Balancing of interest test.

XXI.
One of the cardinal primary due process rights in administrative proceedings is that
evidence must be "substantial." "Substantial evidence" is:

1. less than a mere scintilla.

2. less than preponderant scintilla.
3. more than a glint of scintilla.
4. more than a mere scintilla.