proceedings, the ship captain and the ship's resident agent executed sworn

statements before the Custom legal officer admitting that contraband cargo
were found aboard the vessel. The shipping lines object to the admission of
the statements as evidence contending that during their execution, the captain
and the shipping agent were not assisted by counsel, in violation of due
process. Decide.

CONSTITUTIONAL LAW II_ REVIEWER

1.

2.

3.

No VIII - B. On April 6, 1963, Police Officer Mario Gatdula was charged by

the Mayor with Grave Misconduct and Violation of Law before the Municipal
Board. The Board investigated Gatdula but before the case could be decided,
the City charter was approved. The City Fiscal, citing Section 30 of the city
charter, asserted that he was authorized thereunder to investigate city officers
and employees. The case against Gatdula was then forwarded to him, and a
re-investigation was conducted. The office of the Fiscal subsequently
recommended dismissal. On January 11, 1966, the City Mayor returned the
records of the case to the City Fiscal for the submission of an appropriate
resolution but no resolution was submitted. On March 3, 1968, the City Fiscal
transmitted the records to the City Mayor recommending that final action
thereon be made by the City Board of Investigators (CBI). Although the CBI
did not conduct an investigation, the records show that both the Municipal
Board and the Fiscal's Office exhaustively heard the case with both parties
afforded ample opportunity to adduce their evidence and argue their cause.
The Police Commission found Gatdula guilty on the basis of the records
forwarded by the CBI. Gatdula challenged the adverse decision of the Police
Commission theorizing that he was deprived of due process. Questions: Is the
Police Commission bound by the findings of the City Fiscal? Is Gatdula's
protestation of lack or non-observance of due process well-grounded?
Explain your answers. (4%)
No. 9: A complaint was filed by Intelligence agents of the Bureau of
Immigration and Deportation (BID) against Stevie, a German national, for his
deportation as an undesirable alien. The Immigration Commissioner directed
the Special Board of Inquiry to conduct an Investigation. At the said
Investigation, a lawyer from the Legal Department of the BID presented as
witnesses the three Intelligence agents who filed the complaint. On the basis
of the findings, report and recommendation of the Board of Special Inquiry,
the BID Commissioners unanimously voted for Stevie's deportation. Stevie's
lawyer questioned the deportation order 1) On the ground that Stevie was
denied due process because the BID Commissioners who rendered the
decision were not the ones who received the evidence, in violation of the "He
who decides must hear" rule. Is he correct? 2) On the ground that there was a
violation of due process because the complainants, the prosecutor and the
hearing officers were all subordinates of the BID Commissioners who
rendered the deportation decision. Is he correct?
No. 14: The S/S "Masoy" of Panamanian registry, while moored at the South
Harbor, was found to have contraband goods on board. The Customs Team
found out that the vessel did not have the required ship's permit and shipping
documents. The vessel and its cargo were held and a warrant of Seizure and
Detention was issued after due investigation. In the course of the forfeiture

4.

No 2: At the trial of a rape case where the victim-complainant was a well

known personality while the accused was a popular movie star, a TV station
was allowed by the trial judge to televise the entire proceedings like the O.J.
Simpson trial. The accused objected to the TV coverage and petitioned the
Supreme Court to prohibit the said coverage. As the Supreme Court, how
would you rule on the petition? Explain.

5.

No VIII - C. On November 7, 1990, nine lawyers of the Legal Department of

Y Bank who were all under Fred Torre, sent a complaint to management
accusing Torre of abusive conduct and mismanagement. Furnished with a
copy of the complaint, Torre denied the charges. Two days later, the lawyers
and Torre were called to a conference in the office of the Board Chairman to
give their respective sides of the controversy. However, no agreement was
reached thereat. Bank Director Romulo Moret was tasked to look further into
the matter. He met with the lawyers together with Torre several times but to
no avail. Moret then submitted a report sustaining the charges of the lawyers.
The Board Chairman wrote Torre to inform him that the bank had chosen the
compassionate option of "waiting" for Torre's resignation. Torre was asked,
without being dismissed, to turn over the documents of all cases handled by
him to another official of the bank but Torre refused to resign andrequested
for a "full hearing". Days later, he reiterated his request for a "full hearing",
claiming that he had been "constructively dismissed". Moret assured Torre
that he is "free to remain in the employ of the bank" even if he has no
particular work assignment. After another request for a "full hearing" was
ignored, Torre filed a complaint with the arbitration branch of NLRC for
illegal dismissal. Reacting thereto, the bank terminated the services of Torre.
Questions: (a) Was Torre "constructively dismissed" before he filed his
complaint? (b) Given the multiple meetings held among the bank officials,
the lawyers and Torre, is it correct for him to say that he was not given an
opportunity to be heard? Explain your answers. (4%)

6.

3. Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a

property right protected by the Constitution? (2.5%)

7.

No XIII - The Philippine Ports Authority (PPA) General Manager issued an

administrative order to the effect that all existing regular appointments to
harbor pilot positions shall remain valid only up to December 31 of the
current year and that henceforth all appointments to harbor pilot positions
shall be only for a term of one year from date of effectivity, subject to yearly

Consti2_reviewer | 1

renewal or cancellation by the PPA after conduct of a rigid evaluation of

performance. Pilotage as a profession may be practiced only by duly licensed
individuals, who have to pass five government professional examinations.
The Harbor Pilot Association challenged the validity of said administrative
order arguing that it violated the harbor pilots' right to exercise their
profession and their right to due process of law and that the said
administrative order was issued without prior notice and hearing. The PPA
countered that the administrative order was valid as it was issued in the
exercise of its administrative control and supervision over harbor pilots under
PPA's legislative charter, and that in issuing the order as a rule or regulation,
it was performing its executive or legislative, and not a quasi-Judicial
function. Due process of law is classified into two kinds, namely, procedural
due process and substantive due process of law. Was there, or, was there no
violation of the harbor pilots' right to exercise their profession and their right
to due process of law? (5%)
8.

9.

was excitedly reporting the successes of the rebels and movements towards
Manila and troops friendly to the rebels. The reports were correct and factual.
On October 6, 1987, after normalcy had returned and the Government had
full control of the situation, the National Telecommunications Commission,
without notice and hearing, but merely on the basis of the report of the
military, cancelled the franchise of station XX. Discuss the legality of: (b)
The cancellation of the franchise of the station on October 6, 1987.
12. No. 5: Norberto Malasmas was accused of estafa before the Regional Trial
Court of Manila. After the trial, he was found guilty. On appeal, his
conviction was affirmed by the Court of Appeals. After the records of his case
had been remanded to the Regional Trial Court for execution, and after the
latter Court had set the date for the promulgation of judgment, the accused
filed a motion with the Court of Appeals to set aside the entry of judgment,
and to remand the case to the Regional Trial Court for new trial on the ground
that he had just discovered that "Atty. Leonilo Maporma" whom he had
chosen and who had acted as his counsel before the trial court and the Court
of Appeals, is not a lawyer. Resolved the motion of the accused with reasons.

No VIII - A. Give examples of acts of the state which infringe the due process
clause:
1. in its substantive aspect and (1%)
2. in its procedural aspect? (1%)

13. 2003 No XII - The municipal council of the municipality of Guagua,

Pampanga, passed an ordinance penalizing any person or entity engaged in
the business of selling tickets to movies or other public exhibitions, games or
performances which would charge children between 7 and 12 years of age the
full price of admission tickets instead of only one-half of the amount thereof.
Would you hold the ordinance a valid exercise of legislative power by the
municipality? Why?

No 7 - On 29 July 1991. the Energy Regulatory Board (ERB), in response to

public clamor, issued a resolution approving and adopting a schedule for
bringing down the prices of petroleum products over a period of one (1) year
starting 15 August 1991, over the objection of the oil companies which claim
that the period covered is too long to prejudge and foresee. Is the resolution
valid?
.

10. No X - Ten public school teachers of Caloocan City left their classrooms to
join a strike, which lasted for one month, to ask for teachers' benefits. The
Department of Education, Culture and Sports charged them administratively,
for which reason they were required to answer and formally investigated by a
committee composed of the Division Superintendent of Schools as Chairman,
the Division Supervisor as member and a teacher, as another member. On the
basis of the evidence adduced at the formal investigation which amply
established their guilt, the Director rendered a decision meting out to them
the penalty of removal from office. The decision was affirmed by the DECS
Secretary and the Civil Service Commission. On appeal, they reiterated the
arguments they raised before the administrative bodies, namely: (b) They
were deprived of due process of law as the Investigating Committee was
improperly constituted because it did not include a teacher in representation
of the teachers' organization as required by the Magna Carta for Public
School Teachers (R.A. No. 4670, Sec. 9).
11. No. XIV: In the morning of August 28, 1987, during the height of the fighting
at Channel 4 and Camelot Hotel, the military closed Radio Station XX, which

14. No, 3; Congress is considering a law against drunken driving. Under the
legislation, police authorities may ask any driver to take a "breathalyzer test",
wherein the driver exhales several times into a device which can determine
whether he has been driving under the influence of alcohol. The results of the
test can be used, in any legal proceeding against him. Furthermore, declaring
that the issuance of a driver's license gives rise only to a privilege to drive
motor vehicles on public roads, the law provides that a driver who refuses to
take the test shall be automatically subject to a 90-day suspension of his
driver's license, Cite two [2] possible constitutional objections to this law.
Resolve the objections and explain whether any such infirmities can be cured.
15. No. II: The Manila Transportation Company applied for upward adjustment
of its rates before the Transportation Regulatory Board. Pending the petition,
the TRB, without previous hearing, granted a general nationwide provisional
increase of rates. In another Order, TRB required the company to pay the
unpaid supervisory fees collectible under the Public Service Law. After due
notice and hearing, on the basis of the evidence presented by Manila
Transportation Company and the Oppositors, TRB issued an Order reducing

Consti2_reviewer | 2

the rates applied for by one-fourth. Characterize the powers exercised by the
TRB in this case and determine whether under the present constitutional
system the Transportation Regulatory Board can be validly conferred the
powers exercised by it in issuing the Orders given above. Explain.
16. No 18: An ordinance of the City of Manila requires every alien desiring to
obtain employment of whatever kind, including casual and part-time
employment, in the city to secure an employment permit from the City Mayor
and to pay a work permit fee of P500. Is the ordinance valid?
17. No. VI: Marina Neptunia, daughter of a sea captain and sister to four marine
officers decided as a child to follow in her father's footsteps. In her growing
up years she was as much at home on board a boat as she was in the family
home by the sea. In time she earned a Bachelor of Science degree in Marine
Transportation, major in Navigation and Seamanship. She served her
apprenticeship for a year in a merchant marine vessel registered for foreign
trade and another year on a merchant marine vessel registered for coastwise
trade. But to become a full-fledged marine officer she had to pass the
appropriate board examinations before she could get her professional license
and registration. She applied in January 1986 to take examination for marine
officers but her application was rejected for the reason that the law
Regulating the Practice of Marine Profession in the Philippines (Pres. Dec.
No. 97 (1973) ) specifically prescribes that "No person shall be qualified
forexamination as marine officer unless he is: Marina feels very aggrieved
over the denial andhas come to you for advice. She wants to know: (1)
Whether the Board of Examiners had anyplausible or legal basis for rejecting
her application in 1986. Explain briefly. (2) Whether the 1987 Constitution
guarantees her the right to admission to take the coming January 1988 marine
officers examinations. Explain and cite relevant provisions.
18. No. 10: "X", a son of a rich family, applied for enrolment with the San Carlos
Seminary in Mandaluyong, Metro Manila. Because he had been previously
expelled from another seminary for scholastic deficiency, the Rector of San
Carlos Seminary denied the application without giving any grounds for the
denial. After "X" was refused admission, the Rector admitted another
applicant, who is the son of a poor farmer who was also academically
deficient. (a) Prepare a short argument citing rules, laws, or constitutional
provisions in support of "X's" motion for reconsideration of the denial of his
application.
19. No IV. Undaunted by his three failures in the National Medical Admission
Test (NMAT), Cruz applied to take it again but he was refused because of an
order of the Department of Education, Culture and Sports (DECS)
disallowing flunkers from taking the test a fourth time. Cruz filed suit
assailing this rule raising the constitutional grounds of accessible quality
education, academic freedom and equal protection. The government opposes

this, upholding the constitutionality of the rule on the ground of exercise of

police power. Decide the case discussing the grounds raised. (5%)
20. No. 12; The Department of Education, Culture and Sports Issued a circular
disqualifying anyone who fails for the fourth time in the Nat ional Entrance
Tests from admission to a College of Dentistry. X who was thus disqualified,
questions the constitutionality of the circular.
1) Did the circular deprive her of her constitutional right to education?
2) Did the circular violate the equal protection clause of the Constitution?
21. No. 4: "X" was sentenced to a penalty of 1 year and 5 months of prision
correctional and to pay a fine of P8,000.00, with subsidiary imprisonment in
case of solvency. After serving his prison term, "X" asked the Director of
Prisons whether he could already be released. "X" was asked to pay the fine
of P5,000.00 and he said he could not afford it, being an indigent. The
Director informed him he has to serve an additional prison term at the rate of
one day per eight pesos in accordance with Article 39 of the Revised Penal
Code, The lawyer of "X" filed a petition for habeas corpus contending that
the further incarceration of his client for unpaid fines violates the equal
protection clause of the Constitution. Decide.
22. No IX - May the COMELEC (COMELEC) prohibit the posting of decals and
stickers on "mobile" places, public or private, such as on a private vehicle,
and limit their location only to the authorized posting areas that the
COMELEC itself fixes? Explain.
23. No. 16: The Secretary of Transportation and Communications has warned
radio station operators against selling blocked time, on the claim that the time
covered thereby are often used by those buying them to attack the present
administration. Assume that the department implements this warning and
orders owners and operators of radio stations not to sell blocked time to
interested parties without prior clearance from the Department of
Transportation and Communications. You are approached by an interested
party affected adversely by that order of the Secretary of Transportation and
Communications. What would you do regarding that ban on the sale of
blocked time? Explainyour answer.
24. No. 5: "X" is serving his prison sentence in Muntinlupa. He belongs to a
religious sect that prohibits the eating of meat. He asked the Director of
Prisons that he be served with meatless diet. The Director refused and "X"
sued the Director for damages for violating hisreligious freedom. Decide.
25. No XV. - A religious organization has a weekly television program. The
program presents and propagates its religious, doctrines, and compares their
practices with those of other religions.As the Movie and Television Review
and Classification Board (MTRCB) found asoffensive several episodes of the

Consti2_reviewer | 3

program which attacked other religions, the MTRCBrequired the organization

to submit its tapes for review prior to airing. The religious organization
brought the case to court on the ground that the action of the MTRCB
suppresses its freedom of speech and interferes with its right to free exercise
of religion. Decide. [5%]
26. No. 12: Section 28. Title VI, Chapter 9, of the Administrative Code of 1987
requires all educational institutions to observe a simple and dignified flag
ceremony, including the playing or singing of the Philippine National
Anthem, pursuant to rules to be promulgated by the Secretary of Education.
Culture and Sports, The refusal of a teacher, student or pupil to attend or
participate in the flag ceremony is a ground for dismissal after due
investigation. The Secretary of Education Culture and Sports issued a
memorandum implementing said provision of law. As ordered, the flag
ceremony would be held on Mondays at 7:30 a.m. during class days. A group
of teachers, students and pupils requested the Secretary that they be exempted
from attending the flag ceremony on the ground that attendance thereto was
against their religious belief. The Secretary denied the request. The teachers,
students and pupils concerned went to Court to have the memorandum
circular declared null and void. Decide the case.
27. No III - Children who are members of a religious sect have been expelled
from their respectivepublic schools for refusing, on account of their religious
beliefs, to take part in the flag ceremony which includes playing by a band or
singing the national anthem, saluting the Philippine flag and reciting the
patriotic pledge. The students and their parents assail the expulsion on the
ground that the school authorities have acted in violation of their right to free
public education, freedom of speech, and religious freedom and worship.
Decide the case.
28. No. 7: - Tawi-Tawi is a predominantly Moslem province. The Governor, the
Vice-Governor, and members of its Sang-guniang Panlalawigan are all
Moslems. Its budget provides the Governor with a certain amount as his
discretionary funds. Recently, however, the Sangguniang Panlalawigan
passed a resolution appropriating P100,000 as a special discretionary fund of
the Governor to be spent by him in leading a pilgrimage of his provincemates
to Mecca, Saudi Arabia, Islam'sholiest city. Philconsa, on constitutional
grounds, has filed suit to nullify the resolution of the Sangguniang
Panlalawigan giving the special discretionary fund to the Governor for the
stated purpose. How would you decide the case? Give your reasons.
29. No. 10: Recognizing the value of education in making the Philippine labor
market attractive to foreign investment, the Department of Education, Culture
and Sports offers subsidies to accredited colleges and universities in order to
promote quality tertiary education. The DECS grants a subsidy to a Catholic

school which requires its students to take at least 3 hours a week of religious
instruction.
a) Is the subsidy permissible? Explain,
b) Presuming that you answer in the negative, would it make a difference if
the subsidy were given solely in the form of laboratory equipment in
chemistry and physics?
c) Presume, on the other hand, that the subsidy is given in the form of
scholarship vouchers given directly to the student and which the student can
use for paying tuition in any accredited school of his choice, whether
religious or non-sectarian. Will your answer be different?
30. No. 4: Upon request of a group of overseas contract workers in Brunei, Rev.
Father Juan de la Cruz, a Roman Catholic priest, was sent to that country by
the President of the Philippines to minister to their spiritual needs. The travel
expenses, per diems, clothing allowance and monthly stipend of P5,000 were
ordered charged against the President's discretionary fund. Upon post audit of
the vouchers therefor, the Commission on Audit refused approval thereof
claiming that the expenditures were in violation of the Constitution. Was the
Commission on Audit correct in disallowing the vouchers in question?
31. No. 1: Congress passes a law prohibiting television stations from airing any
commercialadvertisement which promotes tobacco or in any way glamorizes
the consumption oftobacco products. This legislation was passed in response
to findings by the Department of Health about the alarming rise in lung
diseases in the country. The World Health Organization has alsoreported that
U.S. tobacco companies have shifted marketing efforts to the Third World
dueto dwindling sales in the health-conscious American market Cowboy
Levy's, a Jeans company, recently released an advertisement featuring model
Richard Burgos wearing Levy's jackets andjeans and holding a pack of
Marlboro cigarettes. The Asian Broadcasting Network (ABN), aprivately
owned television station, refuses to air the advertisement in compliance with
the law.
a) Assume that such refusal abridges the freedom of speech. Does
the constitutional prohibition against the abridgement of the freedom
of speech apply to acts done by ABN, a private corporation?
Explain.
b) May Cowboy Levy's, a private corporation, invoke the free
speech guarantee in its favor? Explain.
c) Regardless of your answers above, decide the constitutionality of
the law in question.
32. (5-a) The STAR, a national daily newspaper, carried an exclusive report
stating that Senator XX received a house and lot located at YY Street, Makati,

Consti2_reviewer | 4

in consideration for his vote cutting cigarette taxes by 50%. The Senator sued
the STAR, its reporter, editor and publisher for libel, claiming the report was
completely false and malicious. According to the Senator, there is no YY
Street in Makati,and the tax cut was only 20%. He claimed one million pesos
in damages. The defendants denied "actual malice," claiming privileged
communication and absolute freedom of the press to report on public officials
and matters of public concern. If there was any error, the STAR said it would
publish the correction promptly. Is there "actual malice" in STAR'S
reportage? How is "actual malice" defined? Are the defendants liable for
damages? (5%)
33. No. XIV: In the morning of August 28, 1987, during the height of -the
fighting at Channel 4 and Camelot Hotel, the military closed Radio Station
XX, which was excitedly reporting the successes of the rebels and
movements towards Manila and troops friendly to the rebels. The reports
were correct and factual. On October 6, 1987, after normalcy had returned
and the Government had full control of the situation, the National
Telecommunications Commission, without notice and hearing, but merely on
the basis of the report of the military, cancelled the franchise of station XX.
Discuss the legality of:
(a) The action taken against the station on August 28, 1987;
(b) The cancellation of the franchise of the station on October 6,
1987.
34. No VIII - Juan Casanova contracted Hansen's disease (leprosy) with open
lesions. A law requires that lepers be isolated upon petition of the City Health
Officer. The wife of Juan Casanova wrote a letter to the City Health Officer
to have her formerly philandering husband confined in some isolated
leprosarium. Juan Casanova challenged the constitutionality of the law as
violating his liberty of abode. Will the suit prosper? [5%]
35. No 2: The military commander-in charge of the operation against rebel
groups directed the inhabitants of the island which would be the target of
attack by government forces to evacuate the area and offered the residents
temporary military hamlet. Can the military commander force the residents to
transfer their places of abode without a courtorder? Explain.
36. (9-b) The City of San Rafael passed an ordinance authorizing the City Mayor,
assisted by the police, to remove all advertising signs displayed or exposed to
public view in the main city street, for being offensive to sight or otherwise a
nuisance. AM, whose advertising agency owns and rents out many of the
billboards ordered removed by the City Mayor, claims that the City should
pay for the destroyed billboards at their current market value since the City
has appropriated them for the public purpose of city beautification. The
Mayor refuses to pay, so AM is suing the City and the Mayor for damages

arising from the taking of his property without due process nor just
compensation. Will AM prosper? Reason briefly. (5%)
37. No. 1: Congress passes a law prohibiting television stations from airing any
commercial advertisement which promotes tobacco or in any way glamorizes
the consumption of tobacco products. This legislation was passed in response
to findings by the Department of Health about thealarming rise in lung
diseases in the country. The World Health Organization has also reported that
U.S. tobacco companies have shifted marketing efforts to the Third World
due to dwindling sales in the health-conscious American market, Cowboy
Levy's, a Jeans company, recently released an advertisement featuring model
Richard Burgos wearing Levy's jackets and jeans and holding a pack of
Marlboro cigarettes. The Asian Broadcasting Network (ABN), a privately
owned television station, refuses to air the advertisement in compliance with
the law. Decide the constitutionality of the law in question.
38. No. 12: Pedro bought a parcel of land from Smart Corporation, a realty firm
engaged in developing and selling lots to the public. One of the restrictions in
the deed of sale which was annotated in the title is that the lot shall be used
by the buyer exclusively for residential purposes. A main highway having
been constructed across the subdivision, the area became commercial in
nature. The municipality later passed a zoning ordinance declaring the area as
a commercial bank building on his lot. Smart Corporation went to court to
stop the construction as violative of the building restrictions imposed by it.
The corporation contends that the zoning ordinance cannot nullify the
contractual obligation assumed by the buyer. Decide the case.
39. No XVIII In the deeds of sale to, and in the land titles of homeowners of a
residential subdivision in Pasig City, there are restrictions annotated therein
to the effect that only residential houses or structures may be built or
constructed on the lots. However, the City Council of Pasig enacted an
ordinance amending the existing zoning ordinance by changing the zone
classification in that place from purely residential to commercial. "A", a lot
owner, sold his lot to a banking firm and the latter started constructing a
commercial building on the lot to house a bank inside the subdivision. The
subdivision owner and the homeowners' association filed a case in court to
stop the construction of the building for banking business purposes and to
respect the restrictions embodied in the deed of sale by the subdivision
developer to the lot owners, as well as the annotation in the titles. If you were
the Judge, how would you resolve the case? (5%)
40. No XII - "A" has a telephone line with an extension. One day, "A" was
talking to "B" over the telephone. "A" conspired with his friend "C", who was
at the end of the extension line listening to "A's" telephone conversation with
"B" in order to overhear and tape-record the conversation wherein "B"
confidentially admitted that with evident premeditation, he (B) killed "D" for

Consti2_reviewer | 5

having cheated him in their business partnership. "B" was not aware that the
telephone conversation was being tape recorded. In the criminal case against
"B" for murder, is the tape-recorded conversation containing his admission
admissible in evidence? Why? (5%)
41. No VII. - The police had suspicions that Juan Samson, member of the
subversive New Proletarian Army, was using the mail for propaganda
purposes in gaining new adherents to its cause. The Chief of Police of
Bantolan, Lanao del Sur ordered the Postmaster of the town to intercept and
open all mail addressed to and coming from Juan Samson in the interest of
the national security. Was the order of the Chief of Police valid? (5%)
42. No. 8: While serving sentence in Muntinlupa for the crime of theft, "X"
stabbed dead one of his guards, "X" was charged with murder. During his
trial, the prosecution introduced as evidencea letter written in prison by "X"
to his wife tending to establish that the crime of murder was the result of
premeditation. The letter was written voluntarily. In the course of inspection,
it was opened and read by a warden pursuant to the rules of discipline of the
Bureau of Prisons and considering its contents, the letter was turned over to
the prosecutor. The lawyer of "X" objected to the presentation of the letter
and moved for its return on the ground that it violates the right of "X" against
unlawful search and seizure. Decide.
43. The Samahan ng mga Mahihirap (SM) filed with the Office of the City
Mayor of Manila an application for permit to hold a rally on Mendiola Street
on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the political
killings of journalists. However, the City Mayor denied their application on
the ground that a rally at the time and place applied for will block the traffic
in the San Miguel and Quiapo Districts. He suggested the Liwasang
Bonifacio, which has been designated a Freedom Park, as venue for the rally.
1. Does the SM have a remedy to contest the denial of its application for a
permit? (2.5%)
2. Does the availability of a Freedom Park justify the denial of SM's
application for a permit? (2.5%)
3. Is the requirement to apply for a permit to hold a rally a prior restraint on
freedom of speech and assembly? (2.5%)
4. Assuming that despite the denial of SM's application for a permit, its
members hold a rally, prompting the police to arrest them. Are the arrests
without judicial warrants lawful? (2.5%)
44. No. 4: Olympia Academy, a private university, issued a student regulation for
maintaining order in the school campus and to ensure that academic activities
shall be conducted effectively. Henceforth, every student organization
intending to hold any symposium, convocation, rally or any assembly within
school property and involving at least 20 people must file, for the prior
approval of the Dean of Students, an Application setting forth the time, place,

expected size of the group, and the subject matter and purpose of the
assembly. The League of Nationalist Students questions the validity of the
new regulation. Resolve.
45. No XII - Public school teachers staged for days mass actions at the
Department of Education, Culture and Sports to press for the immediate grant
of their demand for additional pay. The DECS Secretary issued to them a
notice of the illegality of their unauthorized action, ordered them to
immediately return to work, and warned them of imposable sanctions. They
ignored this and continued with their mass action. The DECS Secretary
issued orders for their preventive suspension without pay and charged the
teachers with gross misconduct and gross neglect of duty for unauthorized
abandonment of teaching posts and absences without leave.
a) Are employees in the public sector allowed to form unions? To strike?
Why? (3%)
b) The teachers claim that their right to peaceably assemble and petition the
government for redress of grievances has been curtailed. Are they correct?
Why? (2%)
46. No X - Ten public school teachers of Caloocan City left their classrooms to
join a strike, which lasted for one month, to ask for teachers' benefits. The
Department of Education, Culture and Sports charged them administratively,
for which reason they were required to answer and formally investigated by a
committee composed of the Division Superintendent of Schools as Chairman,
the Division Supervisor as member and a teacher, as another member. On the
basis of the evidence adduced at the formal investigation which amply
established their guilt, the Director rendered a decision meting out to them
the penalty of removal from office. The decision was affirmed by the DECS
Secretary and the Civil Service Commission. On appeal, they reiterated the
arguments theyraised before the administrative bodies, namely: (a) Their
strike was an exercise of their constitutional right to peaceful assembly and to
petition the government for redress of grievances.
47. No. 6: Mr. Esteban Krony, a Filipino citizen, is arrested for the crime of
smuggling. He posts bail for his release. Subsequently, he jumps bail and is
about to leave the country when the Department of Foreign Affairs (DFA)
cancels his passport. He sues the DFA, claiming violation of his freedom to
travel, citing the new provision in the Bill of Rights of the 1987 Constitution,
to wit: "Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health,as may be provided by law.
Decide the case.
48. (2) Emilio had long suspected that Alvin, his employee, had been passing
trade secrets to his competitor, Randy, but he had no proof. One day, Emilio
broke open the desk of Alvin and discovered a letter wherein Randy thanked

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Alvin for having passed on to him vital trade secrets of Emilio. Enclosed in
the letter was a check for P50,000.00 drawn against the account of Randy and
payable to Alvin. Emilio then dismissed Alvin from his employment. Emilio's
proof of Alvin's perfidy are the said letter and check which are objected to as
inadmissible for having been obtained through an illegal search. Alvin filed a
suit assailing his dismissal. Rule on the admissibility of the letter and check.
(5%)
49. No IV - A is an alien. State whether, in the Philippines, he: Is entitled to the
right against illegal searches and seizures and against illegalarrests. (2%)
50. No, 3; Congress is considering a law against drunken driving. Under the
legislation, police authorities may ask any driver to take a "breathalyzer test",
wherein the driver exhales several times into a device which can determine
whether he has been driving under the influence of alcohol. The results of the
test can be used, in any legal proceeding against him. Furthermore, declaring
that the issuance of a driver's license gives rise only to a privilege to drive
motor vehicles on public roads, the law provides that a driver who refuses to
take the test shall be automatically subject to a 90-daysuspension of his
driver's license, Cite two [2] possible constitutional objections to this law.
Resolve the objections and explain whether any such infirmities can be cured.
51. No. III: "X" a Constabulary Officer, was arrested pursuant to a lawful court
order in Baguio City for murder. He was brought to Manila where a
warrantless search was conducted in his official quarters at Camp Crame, The
search team found and seized the murder weapon in a drawer of "X". Can
"X" claim that the search and seizure were illegal and move for exclusion
from evidence of the weapon seized? Explain.
52. No. 9; Some police operatives, acting under a lawfully issued warrant for the
purpose of searching for firearms in the House of X located at No. 10 Shaw
Boulevard, Pasig, Metro Manila, found, instead of firearms, ten kilograms of
cocaine.
(1) May the said police operatives lawfully seize the cocaine? Explain your
answer.
(2) May X successfully challenge the legality of the search on the ground that
the peace officers did not inform him about his right to remain silent and his
right to counsel? Explain your answer.
(3) Suppose the peace officers were able tofind unlicensed firearms in the
house in an adjacent lot, that is. No, 12 Shaw Boulevard, which is also owned
by X. May they lawfully seize the said unlicensed firearms? Explain your
answer.
53. No XI - Armed with a search and seizure warrant, a team of policemen led by
Inspector Trias entered a compound and searched the house described therein
as No. 17 Speaker Perez St., Sta. Mesa Heights, Quezon City, owned by Mr.

Ernani Pelets, for a reported cache of firearms and ammunition. However,

upon thorough search of the house, the police found nothing. Then, acting on
a hunch, the policemen proceeded to a smaller house inside the same
compound with address at No. 17-A Speaker Perez St., entered it, and
conducted a search therein over the objection of Mr. Pelets who happened to
be the same owner of the first house. There, the police found the unlicensed
firearms and ammunition they were looking for. As a result. Mr. Ernani Pelets
was criminally charged in court with Illegal possession of firearms and
ammunition as penalized under P.D. 1866, as amended by RA. 8294. At the
trial, he vehemently objected to the presentation of the evidence against him
for being inadmissible. Is Mr. Emani Pelet's contention valid or not? Why?
(5%)
54. No. 4: Larry was an overnight guest in a motel. After he checked out the
following day, the chambermaid found an attache case which she surmised
was left behind by Larry. She turned it over to the manager who, to determine
the name and address of the owner, opened the attache case and saw packages
which had a peculiar smell and upon squeezing felt like dried leaves. His
curiosity aroused, the manager made an opening on one of the packages and
took several grams of the contents thereof. He took the packages to the NBI,
and in the presence of agents, opened thepackages, the contents of which
upon laboratory examination, turned out to be marijuana flowering tops,
Larry was subsequently found, brought to the NBI Office where he admitted
ownership of the attach case and the packages. He was made to sign a
receipt for the packages. Larry was charged in court for possession of
prohibited drugs. He was convicted. On appeal, he now poses the following
issues:
1) The packages are inadmissible in evidence being the product of
an illegal search and seizure; .
2) Neither is the receipt he signed admissible, his rights under
custodial investigation not having been observed. Decide.
55. No VIII. One day a passenger bus conductor found a man's handbag left in
the bus. When the conductor opened the bag, he found inside a calling card
with the owner's name (Dante Galang) and address, a few hundred peso bills,
and a small plastic bag containing a white powdery substance. He brought the
powdery substance to the National Bureau of Investigation for laboratory
examination and it was determined to be methamphetamine hydrochloride or
shabu, a prohibited drug. Dante Galang was subsequently traced and found
and brought to the NBI Office where headmitted ownership of the handbag
and its contents. In the course of the interrogation by NBI agents, and without
the presence and assistance of counsel, Galang was made to sign a receipt for
the plastic bag and its shabu contents. Galang was charged with illegal
possession of prohibited drugs and was convicted. On appeal he contends that
-(1) The plastic bag and its contents are inadmissible in evidence being the
product of an illegal search and seizure; (3%) and(2) The receipt he signed is

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also inadmissible as his rights under custodial investigation were not

observed. (2%)Decide the case with reasons.
56. a) Crack officers of the Anti-Narcotics Unit were assigned on surveillance of
the environs of a cemetery where the sale and use of dangerous drugs are
rampant. A man with reddish and glassy eyes was walking unsteadily moving
towards them but veered away when he sensed the presence of policemen.
They approached him, introduced themselves as police officers and asked
him what he had clenched in his hand. As he kept mum, the policemen pried
his hand open and found a sachet of shabu, a dangerous drug. Accordingly
charged in court, the accused objected to the admission in evidence of the
dangerous drug because it was the result of an illegal search and seizure. Rule
on the objection. (3%)
b) What are the instances when warrantless searches may be effected? (2%)
57. No. 5: During the recent elections, checkpoints were set up to enforce the
election period banon firearms. During one such routine search one night,
while looking through an open window with aflashlight, the police saw
firearms at the backseat of a car partially covered by papers and
clothes.Antonio, owner and driver of the car in question, was charged for
violation of the firearms ban. Are the firearms admissible in evidence against
him? Explain.If, upon further inspection by the police, prohibited drugs were
found inside the various compartments of Antonio's car, can the drugs be used
in evidence against Antonio if he is prosecuted for possession of prohibited
drugs? Explain.
58. No. 7: Pursuing reports that great quantities of prohibited drugs are being
smuggled at nighttime through the shores of Cavite, the Southern Luzon
Command set up checkpoints at the end of the Cavite coastal road to search
passing motor vehicles. A 19-year old boy, who finished fifth grade, while
driving, was stopped by the authorities at the checkpoint. Without any
objection from him, his car was inspected, and the search yielded marijuana
leaves hidden in the trunk compartment of the car. The prohibited drug was
promptly seized, and the boy was brought to the police station forquestioning.
Was the search without warrant legal?

week later and presented himself to the desk sergeant. Coincidentally. The
rape victim was in the premises executing an extrajudicial statement. Johann,
along with six (6) other suspects, were placed in a police lineup and the girl
pointed to him as the rapist. Johann was arrested and locked up in a cell.
Johann was charged with rape in court but prior to arraignment invoked his
right to preliminary investigation. This was denied by the judge, and thus,
trial proceeded. After the prosecution presented several witnesses, Johann
through counsel, invoked the right to bail and filed a motion therefor, which
was denied outright by the Judge. Johann now files a petition for certiorari
before the Court of Appeals arguing that: His arrest was not in accordance
with law.Decide.
60. No. 8: On the basis of a verified report and confidential information that
various electronic equipment, which were illegally imported into the
Philippines, were found in the bodega of the Tikasan Corporation located at
1002 Binakayan St., Cebu City, the Collector of Customs of Cebu issued, in
the morning of 2 January 1988, a Warrant of Seizure and Detention against
the corporation for the seizure of the electronic equipment. The warrant
particularly describes the electronic equipment and specifies the provisions of
the Tariff and Customs Code which were violated by the importation. The
warrant was served and implemented in the afternoon of 2 January 1988 by
Customs policemen who then seized the described equipment. The inventory
of the seized articles was signed by the Secretary of the Tikasan Corporation.
The following day, a hearing officer in the Office of the Collector of Customs
conducted a hearing on the confiscation of the equipment. Two days
thereafter, the corporation filed with the Supreme Court a petition for
certiorari, prohibition and mandamus to set aside the warrant, enjoin the
Collector and his agents from further proceeding with the forfeiture hearing
and to secure the return of the confiscated equipment, alleging therein that the
warrant issued is null and void for the reason that, pursuant to Section 2 of
Article III of the 1987 Constitution, only a judge may issue a search warrant.
In his comment to the petition, the Collector of Customs, through the Office
of the Solicitor General, contends that he is authorized under the Tariff and
Custom Code to order the seizure of the equipment whose duties and taxes
were not paid and that the corporation did not exhaust administrative
remedies. Should the petition be granted?Decide.

59. No. 9: Johann learned that the police were looking for him in connection with
the rape of an 18-year old girl, a neighbor. He went to the police station a

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