University of Caloocan City 

College of Law
CONSTITUTIONAL LAW 2
Atty. Butch Jamon 
Final Examination 
May 05, 2023

I. Define: (3 points each) 

A. “Benevolent Neutrality Accommodation”;

-It recognizes that government must pursue its secular goals and
interests but at the same time strives to uphold religious liberty to the
greatest extent possible within flexible constitutional limits.  Thus,
although the morality contemplated by laws is secular, benevolent
neutrality could allow for accommodation of morality based on religion,
provided it does not offend compelling state interests.

“Equality Among Equals”;

-The law should be equal, must be administered equally and members of

classification must be treated alike.

“Clear and Present Danger Rule;

-It is a limitation on freedom of expression justified by the danger of a

substantive character that the state has a right to prevent

B. “Prior Restraint”;

- It is unconstitutional and invalid. It’s a means of preventing publication

 of speech before it is published.

C. “Affirmative Action Policies”;

D. “Compelling State Interest”;

E. “Non-impairment Clause”

-The non-impairment clause is contained in Section 10, Article III of the

Constitution, which provides that no law impairing the obligation of
contracts shall be passed. 

F. “Plain View Doctrine”;

-It is one form of valid warrantless search and arrest wherein the items
are discovered inadvertently and are immediately apparent as evidence of
crime.

G. “Conscientious Objector”; and

“Fighting Words”

-As defined in the case of Chaplinsky v New Hampshire, it caused direct

harm to their target which could breach the peace. Thus, the fighting
word, together with obscenities, profane and slanderous speech is not
protected by freedom of speech

II. Discuss: (5 points each) 

A. What is the “Free Exercise Clause” as a component of the

Freedom of Religion? How was this illustrated in the case of
Estrada v. Escritor? Discuss exhaustively.
-As illustrated in the case of Estrade vs Escritor, it is the most inalienable
and sacred of human rights. The State’s interest in enforcing its
prohibition cannot be merely abstract or symbolic in order to be
sufficiently compelling to outweigh a free exercise claim.
Our Constitution adheres the benevolent neutrality approach that gives
room for accommodation of religious exercises as required by the Free
Exercise Clause.

B. What is “calibrated pre-emptive response”? Is it valid?

Discuss the ruling of the Supreme Court in the case of Bayan
v. Ermita. Explain.

- It regulates the use of public places as to the time, place and manner of
assemblies, it is not unconstitutional, however such policy has no place
in our legal firmament and must be struck down. It merely confuses our
people and is used by some police agents to justify abuses. The
delegation to the mayors of the power to issue rally “permits” is valid
because it is subject to the constitutionally-sound “clear and present
danger” standard.”

C. What is “Academic Freedom” as discussed by Justice Felix

Frankfurter, as cited in the case of Garcia v. The Faculty Admission
Committee. Explain.
Four components of academic freedom of school:

1. Who to teach
2. Who to admit
3. What to teach
4. How to teach

Academic freedom is free from outside interference and coercion. It has

a wide sphere of autonomy certainly extending to the choice of student.
 D. In the case of People v. Vallejo, the Supreme Court held that the
“right against self-incrimination is limited to compulsory
testimonial self- incrimination”. True or False? Explain.
E. What is the “Lemon Test”? Explain and give examples.
The Lemon test in order to avoid violating the Establishment Clause:
1. It must have a secular legislative purpose.
-A purpose which is to to fulfill the state's education goals by
government support of "purely secular" educational objectives
achieved through nonpublic education as mentioned in the case of
Lemon vs Kurtzman.
2. Its primary effect must neither advance nor inhibit religion and
3. it must not foster excessive government entanglement with religion.
F. What are the requirements for a valid “Classification” for purposes
of the equality clause of the Constitution.

There are 4 requisites for a valid classification on equal protection

clause:
1. There must be substantial distinctions.
2. The distinction must be germane to the purpose of the law.
3. It must not be limited to existing conditions.
4. Apply equally to all members of the class.

G. What is the “Establishment Clause”? Kindly illustrate.

H. Is a “return-to-work order” tantamount to involuntary servitude?
Explain.

-No.

I. What is “symbolic speech”? Is it protected by the constitution? Please

illustrate.
-Yes, it is protected under the Constitution as decided in the case of
Texas v. Johnson. The act of Johnson falls under symbolic speech which
is protected by freedom of expression. The government may not prohibit
the expression of an idea simply because society finds the idea itself
offensive or disagreeable.
Symbolic Speech is nonverbal, nonwritten forms of communication,
such as flag burning, wearing armbands, and burning of draft cards.

I. What is the importance of the “Freedom of Expression” in relation

to a political system of “Republican Democracy”? Explain.

J. What is “counter–majoritarian difficulty” as discussed in the Article

written by Alexander Bickel? Do you agree?

K. Several employees of a manufacturing company joined an

indignation rally to denounce massive corruption in government.
The company management warned them not to join the concerted
action under pain of dismissal. The employees defied the
management warning, and true enough, they were dismissed from
their employment. The workers filed an action for illegal dismissal
on the ground that their freedom of expression, speech and
assembly and redress of grievances were violated. Company
management, however, contended that the action adversely
affected business efficiency, viability and, most of all, their profit
margin. Decide.

-We have to consider if there’s the existence of present danger principle

which serves as the very limitation on freedom of speech. In the given
case, it is inexistent. Hence, it is a curtailment of freedom of expression
and peaceable assembly. The primacy of human rights — freedom of
expression, of peaceful assembly and of petition for redress of
grievances — over property rights must be sustained as decided in the
case of PBM Employees v PB
 L. What is the meaning of the provision in the Constitution that “No
religious test shall be required for the exercise of civil or political
rights”? Discuss.

M. When does freedom of expression, speech, assembly and

petition as a form of criticism of government or official acts
border on the violation of security laws like sedition and
rebellion? Discuss comprehensively.

-There’s actually a thin line separating Freedom of Speech to Sedition.

In the case of People vs Perez, the intention and effect of his acts as
seditious w/c the constitutional guaranties of freedom of speech and
press and of assembly and petition yielded to punitive measures
designed to maintain the prestige of constituted authority, the supremacy
of the constitution and the laws, and the existence of the State.

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