2021 FINAL EXAMINATIONS

INSTRUCTIONS

1. This Questionnaire contains four (4) pages including this page. You may write your
answers on a separate document and the same shall be passed in ​PDF form​. ​File
name shall contain: Family name_Subject

2. Read each question carefully and note the points allocated for each question. In your
answers, follow the sequence and the numbering system used in the Questionnaire.

3. Your answers should demonstrate your ability to analyze the facts, apply the pertinent
laws and jurisprudence, and arrive at sound and logical conclusions. Always support
your answers with the pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no"
answer without any corresponding explanation or discussion may not be given full
credit.

4. This exam conforms with the zero tolerance policy against CHEATING. Having
identical and intimately the same answers with your classmates may be considered as
cheating, as well as, copying and pasting answers from the internet. ​ALL DOUBTS
WILL BE CONSTRUED AGAINST THE STUDENT.

Questions:

1. ABIS CBN a national television company conducted an electoral survey

by secretly asking voters who have just casted their votes as to who they
voted for in the senatorial elections. The COMELEC sought to ban the
conduct of said survey arguing that the same violates the sanctity of the
ballots and creates an undue interference in the conduct of the elections.
The TV company countered that the survey and its publication is covered
by the freedom of expression and the press as guaranteed by the
Constitution. Do you agree with the COMELEC? Discuss. [10 POINTS]

2. After X, a rape suspect was apprised of his right to silence and to

counsel, he told the investigators that he was waiving his right to have his
own counselor to be provided one. He made his waiver in the presence of a
retired Judge who was assigned to assist and explain to him the
consequences of such waiver. Is the waiver valid? Discuss. [10 points]

3. Candida has been administratively charged of immorality for openly

living with Manuel, a married man. Candida urges that her conjugal
arrangement with Manuel fully conforms with their religious beliefs and with
the teachings of their church. In resolving whether or not Candida should
be administratively penalized which is the best test to apply? Discuss fully.
[10 points]

4. The COMELEC En Banc passed a resolution requiring all candidates

seeking elective position in the May 2016 elections to undergo a mandatory
drug test. The results of the drug tests will be confidential and will not be a
ground for the disqualification of any candidate. Its only purpose is to have
a deterrent effect to those candidates who are using illegal drugs and
discourage them from seeking elective positions. The resolution was
challenged by Gov. Durogista saying that it is against the right to privacy?
Rule on the matter. (10 points)

5. The Philippine National Police issued a circular ordering all police

stations to implement automatic drug testing to all persons arrested for
crimes or felonies punishable by not less than Six Months and One Day of
imprisonment. Ms. Sha Bu a chinita law student challenged the validity of
said order saying that it is a violation of the Constitutional rights to privacy
and against self-incrimination. Rule on the challenge. (10 points)

6. Juda was driving his car when he accidentally hit/bumped a pedestrian.

The collision caused his right headlight to be broken. Due to panic he
speeded away from the scene. The barangay tanod who happened to
witness the accident reported to the police that a Mitsubishi Montero
colored black with Plate No. AKO-888 was involved in a traffic accident/hit
and run. Due to the report the police set up check points and was able to
flag down Juda 10km from the scene. Police noticed the broken headlights
and when they looked though the windows they saw colored tablets
scattered in the passenger’s seat and the floor. They then proceeded to
search the vehicle and found marijuana and shabu. The tablets turned out
to be “ecstasy” a prohibited drug. Can the ecstasy, shabu and marijuana be
used in evidence against Juda? Rule on the matter. [10 points]

7. Ronnie is a naturalized Filipino citizen. He later on went to the United

States and acquired U.S. citizenship. When he reached retirement age he
wanted to return to the Philippines so that his retirement pay would have
more purchasing power. He applied for dual citizenship under R.A. No.
9225- The Citizenship Retention and Re-acquisition Act of 2003. Will you
grant his application? Discuss. (10 points)

8. Cagayan de Oro City Jail has prominently posted in the inmate dining
hall quotations from three of the Ten Commandments as follows: “You shall
not kill.” “You shall not steal.” “You shall not give false testimony against
your neighbor.” Jail officials thought these were “good moral principles” that
would assist prisoners when they were released. The Jail makes available
to inmates copies of the Bible and the Quran (Koran), but no other religious
books. Inmate Ivan requested a copy of a religious book central to his
recognized, but relatively small, sect. This book urges the religious use of a
hallucinogenic sacramental tea. Ivan has requested permission to have the
hallucinogenic sacramental tea, which is not listed as illegal under R.A.
9165, on a weekly basis as part of his religious observances. Ivan’s request
for the book was denied on the basis that it encourages illegal drug usage.
His request for permission to have the hallucinogenic sacramental tea was
denied for the same reason. What challenges under the 1987 Constitution,
if any, could Ivan reasonably raise to the dining hall quotations? Discuss
fully. [10 points]
9. What challenges under the 1987 Constitution, if any, could Ivan
reasonably raise to the denial of his requests for the book and the tea?
Discuss fully. [10 points]

10. Mrs. Wong supplies the Philippine National Police (PNP) with uniforms
every year. Last month, he and two (2) other officers of the PNP conspired
to execute a "ghost purchase", covered by five (5) checks amounting to
₱200,000.00 each, or a total of ₱1,000,000.00. An investigating committee
within the PNP, which was constituted to look into it, invited Mrs. W, among
others, for an inquiry regarding the anomalous transaction. Mrs. W
accepted the invitation but during the committee hearing, she stated that
she will not answer any question unless she be provided with the
assistance of a counsel. The PNP officials denied her request; hence, she
no longer participated in the investigation. Was the PNP’s denial of Mrs.
W’s request violative of her right to counsel in the proceedings conducted
before the PNP? Explain.[10 points]