UNIVERSITY OF THE EAST - MANILA

COLLEGE OF LAW

PHILOSOPHY OF LAW

Professor:
Atty. Jennifer Arlene J. Reyes

Thursday
5:30 PM to 7:30 PM

QUIZ NUMBER 1

What are the essential freedoms cited by Justice Felix Frankfurter in Sweezy v. New
Hampshire, which was discussed in the case of Ateneo De Manila University V. Capulong?1 (5
points)

II

On 31 December 2003, respondent Ronald Allan Kelly Poe, also known as Fernando
Poe, Jr. (hereinafter "FPJ"), filed his certificate of candidacy for the position of President of the
Republic of the Philippines under the Koalisyon ng Nagkakaisang Pilipino (KNP) Party, in
the forthcoming national elections. In his certificate of candidacy, FPJ, representing himself to
be a natural-born citizen of the Philippines, stated his name to be "Fernando Jr.," or "Ronald
Allan" Poe, his date of birth to be 20 August 1939 and his place of birth to be Manila.

Victorino X. Fornier initiated a petition before the Commission on Elections ("COMELEC") to

disqualify FPJ and to deny due course or to cancel his certificate of candidacy upon the thesis
that FPJ made a material misrepresentation in his certificate of candidacy by claiming to be a
natural-born Filipino citizen when in truth, according to Fornier, his parents were foreigners;
his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish
national, being the son of Lorenzo Pou, a Spanish subject. Granting, petitioner asseverated,
that Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino citizenship
to FPJ, the latter being an illegitimate child of an alien mother. Petitioner based the allegation
of the illegitimate birth of respondent on two assertions - first, Allan F. Poe contracted a prior
marriage to a certain Paulita Gomez before his marriage to Bessie Kelley and, second, even if

1 G.R. No. 99327, May 27, 1993.

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no such prior marriage had existed, Allan F. Poe, married Bessie Kelly only a year after the
birth of respondent.

A. Discuss the brief history of the term “Philippine citizens” from Spanish times to the
present (10 points)

B. Was FPJ guilty of material misrepresentation in his certificate of candidacy when he

stated that he was a natural-born citizen of the Philippines? (10 points)

III

What is the most famous cause célèbre on double jeopardy in the Middle Ages as
discussed in People v. Velasco?2 (10 points)

IV

Was the Bill of Rights operative after the actual and effective take-over of power by the
revolutionary government following the cessation of resistance by loyalist forces up to 24
March 1986 (immediately before the adoption of the Provisional Constitution)? (10 points)

Differentiate the following: (10 points)

a. Positive law Vis-à-vis Natural law

b. Substantive Law Vis-À-Vis Procedural Law
c. Public Law Vis-À-Vis Private Law

VI

Define the following: (10 Points)

a. Civil Law
b. Constitutional Law
c. Criminal Law
d. Mercantile Law

2 G.R. No. 127444, September 13, 2000.

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 VII

Republic Act (R.A.) 10175 or the Cybercrime Prevention Act of 2012 aims to regulate
access to and use of the cyberspace. The validity of some of its provisions were inveighed
against, to wit:

Sec. 4. Cybercrime Offenses.– The following acts constitute the offense of

cybercrime punishable under this Act:

xxxx

(c) Content-related Offenses:

(1) Cybersex.– The willful engagement, maintenance, control, or

operation, directly or indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a computer system, for favor or
consideration.

xxxx

Sec. 4. Cybercrime Offenses. – The following acts constitute the offense of

cybercrime punishable under this Act:

xxxx

(c) Content-related Offenses:

xxxx

(3) Unsolicited Commercial Communications. – The transmission of

commercial electronic communication with the use of computer system
which seeks to advertise, sell, or offer for sale products and services are
prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or

administrative announcements from the sender to its existing users,
subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid,

and reliable way for the recipient to reject receipt of further commercial
electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely

disguise the source of the electronic message; and

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 (cc) The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce the
recipients to read the message.

Section 5 provides:

Sec. 5. Other Offenses. — The following acts shall also constitute an

offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person

who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who

willfully attempts to commit any of the offenses enumerated in this Act
shall be held liable.

xxxx

Sec. 12. Real-Time Collection of Traffic Data. — Law enforcement

authorities, with due cause, shall be authorized to collect or record by
technical or electronic means traffic data in real-time associated with
specified communications transmitted by means of a computer system.

xxxx

Sec. 19. Restricting or Blocking Access to Computer Data.— When a

computer data is prima facie found to be in violation of the provisions
of this Act, the DOJ shall issue an order to restrict or block access to
such computer data.

Which of the said provisions are constitutional and unconstitutional? Explain. (25
points)

VIII

When was the right to privacy institutionalized in the 1987 Constitution? (10 points)

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