sample examination in constitutional law for study

Instruction: This questionnaire consists of twenty items contained in five pages. Read each question very carefully. Answer legibly, clearly and concisely. Start each number on a separate page; an answer to a sub-question under the same number may be written continuously on the same and immediately succeeding pages until completed. Do not repeat the question. A mere “Yes” or “ No” answer without any corresponding discussion will not be given any credit. Each item is worth 5%.

1.The Congress passed a law declaring all fishponds covered under agrarian reform. Pursuant to said law, the DAR office in Dipolog City notified Mr. Cruz that his fishpond in Polo is now covered under compulsory acquisition by the agrarian reform program. Mr. Cruz opposed the coverage, filed a complaint before the RTC of Dipolog City, to restrain the DAR from putting his fishponds under land reform. He also raised in his pleadings as an issue the constitutionality of the law itself.

a.       As the lawyer of Mr. Cruz, what are some of the essential requirements that you have to mind in your pleadings, so that the constitutional question of the validity of the law may be successfully attacked?

b.      Does the RTC have jurisdiction to tackle the constitutionality of the law in question?

c.       If you were the Judge would you declare the law unconstitutional?

d.      Granting that the law is declared unconstitutional, can Mr. Cruz file an action for damages against the DAR officials who implemented a law that may be declared unconstitutional?

2.        A. Define police power

b. What are the two Latin maxims that serve as the foundation of police power?

c. Does the local government unit exercise police power? How?

D.state the two tests of police power

3.A law was passed punishing the issuance of checks in payment of debt, when such check does not have any funds in the bank. Juana was indebted the sum of 50,000 pesos to Petra. The debt was not paid for 2 years already. To appease Petra, Juana issued her a check, which eventually bounced. She is now charged under said law. During trial she attacked the constitutionality of the law on the argument, that in effect, she will be imprisoned by reason of non-payment of debt (Section 20 of Art. III of the 1987 constitution states that, No person shall be imprisoned for debt). Is Juana correct in her argument?

4.Pedro Tenorio is the janitor of the Andres Bonifacio College. Early in the morning of a Thursday while cleaning one of the rooms in the school of law, he found a bag, with a name tag on it: Personal property of Ms. Rosa de la Fuente, a 3^rd year law student of the College of Law. Curious about what’s inside the bag, Pedro opened the same and found inside it a crystalline substance. The honest Pedro reported the matter to the Dean, who then called the attention of the NBI, Dipolog City. The NBI came, submitted the crystalline substance for chemistry test, and found the same to be shabu.

            In the evening, the Dean summoned Rosa, and asked her if she lost a bag. She then showed the bag and Rosa admitted that it was hers. She was also asked about the “crystalline substance” and she admitted that it was hers, telling the Dean that they were just “tawas” her local deodorant. Unknown to Rosa, the NBI operative was just in the other room, and upon signal of the Dean, Rosa was arrested.

            She was charged of illegal possession of prohibited drug. During the trial, the bag and shabu were presented as object evidence.

            Rosa objects to the admissibility of said evidence, claiming that it was an illegal search of her personal property left in the school. Using her knowledge of the law on illegal searches, she invoked the exclusionary rule of said pieces of evidence.

            In your opinion, are the shabu and the bag admissible as evidence against Rosa? Explain.

5.Under the freedom of expression, an individual may be made liable for ideas expressed by him. There are major criteria to be used in determining whether he should be liable or not. State these criteria and explain each.

6.Mr. John Go, purchased in 1994 a house and lot in a private subdivision in Pasig, known as Presko Subdivision. Annotated at the back of the title thereof is the condition, that the said property shall be used only for residential purposes. In 2004, the City of Pasig passed an Ordinance classifying Presko subdivision as a commercial area, due to the changes of the economic conditions in the area. In the nearby blocks, some malls were constructed. Traffic has also become busy along Presko’s nearby roads.

            1.BPI wanted to put up a branch in Presko Subdivision, and offered to buy John’s property, for 12 million pesos (in 1994, he paid only 150 thousand). John   sold the property to BPI, which also started constructing its bank building in John’s lot. The Presko Subdivision Inc. filed a case in Court to stop BPI’s construction of the building, invoking the annotation at the back of John’s title that the property is for residential purpose only.

            You are now the Judge, how would you rule on the matter.

7.The City of Dipolog wants to expand Quezon Avenue, to decongest the traffic along the area, as it is getting to be a booming city. Intending to use its powers, the City created a fact-finding committee to study the possibility of widening the road, and the areas, which should be used for expansion. After a study, the committee recommended that some houses along Quezon Avenue have to be demolished, including a portion Of Andres Bonifacio College, taking at most 5 meters from the national road.

            1.To execute the recommendation, the Sangguniang Panlungsod, passed a Resolution authorizing the City Mayor to negotiate for a contract to buy these portions, or that if no negotiation is reached, to expropriate the same. Is this valid?

            2.One Konsehal even planned to pass an ordinance, requiring each owner along the Quezon Avenue to reserve 6 meters from the highway, for pedestrian use. The ordinance provides that no permit for construction shall be issued along the Quezon strip without reserving 6 meters as road right of way. Is this valid?

8.Mr Eddie Baloria is a public school teacher. He bought a residential unit in Victoria’s Subdivision. Annotated at the back of said title is the provision, that any resident of the Victoria’s Subdivision shall become automatically a member of the Victoria’s’ Homeowners Association, a SEC registered organization, managed by the board. As soon as Eddie transferred in Victoria’s, the Homeowners Ass. Sent a letter informing him about the due payable to the Association, which amounted to 3,000 pesos per month. The amount shall be used to pay the security guards, maintain the common plaza, garbage collection, and sewage. Eddie refused to pay the dues, reasoning as follows:

            1.The Association is illegally exercising invalid taxation, a matter that only the state can exercise;

            2.He is compelled to be a member of the association and his constitutional right not to join an association is violated;

            3.He denies being a member of the association, he not having filed any membership application;

            4.His right to privacy is also violated.

            The Association filed a case before the RTC, to compel him to pay his dues, and recognize the annotation at the back of the title of his Victoria’s property.

            You are now the Judge, rule on the defenses of Eddie Baloria.

9.As a general rule, before any person is deprived of life, liberty or property, due process of law must be observed.

            1.What do you understand by due process of law?

            2.What are some instances when “notice and hearing” is not required, and yet due process of law is not violated?

10.For the murder of Alex Go, Juan Tundan is charged before the Regional Trial Court, which issued the warrant of arrest. He was arrested on July 5, 2004.He filed a motion to be admitted to bail, but the court denied the same. On August 5, 2004 he escaped from jail. The private complainant moved that the trial of the accused should be set, and consider his escape as waiver to be present in court for trial. The prosecution presented its evidence. The Court eventually convicted him.

            On November 8, 2004 he was finally arrested .The Court issued an order transferring him to Muntinlupa for him to serve the sentence based on the judgment of conviction, thru the trial in absentia.

            You are retained by Juan Tundan as counsel. On the given set of circumstances, what course of action will you take to protect the rights of the accused?

11.Police Officer Juan Cruz is charged with murder before the RTC.One of the orders of the Judge was to suspend him until the whole duration of trial. He objected claiming that pursuant to the Civil Service Law, he can only be suspended preventively for a period of ninety days. He filed his motion but the RTC JUDGE denied the same, saying that the INP law governs his case. Juan Cruz attacks the validity of the law claiming that his constitutional right to “equal protection of the law “ is violated, since other government officials similarly situated as himself, is only preventively suspended for a maximum of 90 days.

            Decide his contention.

12.Congressman John Hingtundan was detained in the Provincial Jail on a charge of rape for six years already. There is yet no judgment as his case dragged in court due to some delays. In the recent elections, he again won for his third term on a landslide vote.

            He files a motion in Court that he be released on bail, or if the same is denied, that he be allowed to attend the sessions in congress to represent the people who voted him.

            You are retained as his counsel. How would you agree in Court to have him bailed or to convince the court that he be allowed to attend congressional sessions?

            If you were the Judge, how would you rule on said motion?

13.A sensational murder just occurred in Manukan, Zamboanga del Norte.The suspect is Juan Catipay.He was arrrested and was put under custodial investigation. Since there was no other lawyer in town, except Mayor Antonio Decierdo, the accused requested for the mayor’s legal assistance. The mayor, knowing Juan to be one of his political supporters in the last election, catered to his request. Juan confided to him that it was really him who committed the murder. The same was reduced into writing and was subscribed by Atty. Decierdo.

            During trial, the extrajudicial confession was presented as prosecution evidence, which was objected by the accused, saying that the same was obtained thru coercion.

            Is the extrajudicial confession admissible in evidence?

14.Aminnudin from Zamboanga boarded M/V Elizabeth bound for Ilo-ilo City, which would cover about two days of travel. The chavacano-friend of his, tipped the police officers in Zamboanga City that Aminnudin is carrying two kilos of marijuana hidden in his teddy bear. The police officer in Zamboanga radioed the police officer in Ilo-ilo concerning said tip. When M/V Elizabeth docked in Ilo-ilo, the police officers there waited for Aminnudin.When Aminnudin went down the ship, he was immediately arrested, searched, his teddy bear torn open, which, pursuant to the tip, showed the concealed 2 kilos of marijuana.

            Aminnudin was charged, and the marijuana was used as evidence against him.

            As Judge would you allow the prosecution to present said evidence?

15.What are the requirements for a “valid classification” so as to satisfy the requirement of “equal protection” clause?

16.Upon application of Police Office Labra, and after the judge heard his witnesses, a search warrant was issued on the charge of violation of insurance code, falsification of public documents, and violation of Sec. 3 of the Internal Revenue Code.

            The search warrant was issued on January 7, 2004 and was served on Wille Yu in his office on January 20, 2004.The office of Willie Yu, in his presence was searched, and a his cabinet was opened. Several documents were taken from his office by the searching police officers.

            You are hired as counsel by Willie Yu.What courses of action will you take to protect his interest?

17. Johhny Go is the owner of Dipolog Lumber Inc. located in Dipolog City.He just bought lawaan, tugas, and narra slabs from Siocon, Zamboanga del Norte, without the necessary permit to transport from the DENR.Unknown to him, his activities were under surveilance by the DENR operatives, who sought the assistance of the police officers to apprehend him and stop his illegal activities.

            On January 7, 2005, police operatives and DENR men waited outside his fenced compound. When a truckload of tugas was taken out from his compound, the operatives stopped the truck, and immediately arrested the driver and seized the tugas slabs.

            Johnny filed a complaint before the Court questioning the validity of the seizure and arrest. Decide.

18.Cecilia Zulueta is the wife of Dr. Martin, a physician holding clinic in Barra, Dipolog City.She is mad at her husband because of his philanderings. They live in a house in Galas, Dipolog City. On January 5, 2005, she barged in the clinic of her husband, forced open his cabinet and there found some love letters, pictures, and ATM accounts which tend to prove that indeed Dr. Martin is having an illicit affair with Bovita Landis.

            She filed many case against her husband: from concubinage (criminal) and annulment of their marriage (civil) to revocation of his licence (administrative). During the hearing, she presented the documents, which she took from her husband’s clinic.

            Dr. MARTIN objected the admissibility of said article, claiming that his own wife violated his right to privacy. The wife on the other hand contended that the intimacy between husband and wife, and her husband’s infidelity justify her taking of the same.

            Decide the issue of admissibility.

19.State the “search and seizure” provision of the 1987 Constitution.

20.The DECS issued a Memorandum enjoining all public schools to observe the flag ceremony and flag retreats inorder to instill to the students love of country, patriotism, and other subliminal values of loyalty. On a Monday, when the flag ceremony was conducted, some members of the “Gamhanang Kawa” a religious sect, refused to salute the flag and recite the “Oath of Allegiance” claiming that their God would not allow them to do so. For them the flag is an idol and the oath is a blasphemy. They laugh when the flag ceremony is conducted, and they make jokes when the oath is recited.

            The principal of the school suspended them for three weeks. They filed a case before the Superintendent’s office questioning the validity of the suspension, invoking their right to religion, and the Ebralinag decision.

            If you were the Suprentindent, how would you decide the case?