FINAL CESAR TINGA

 

Fr. Cesar D. Tinga

Constitutional Law 1

JD-1

 

Answers

1.     As far as I can recall from our class, the following are the necessary steps to be taken in the drug buy bust;

a.     Before the buy bust, witnesses must be on hand already

a.1. from the media

a.2. from the DOJ or in absence the barangay official

b. Search the person in the presence of the witnesses

c. As soon as the drugs are at hand, follows the marking, the inventory

          which may include photography. A copy of which may be given to

          the witnesses in attendance. The inventory shall include the date,

          time, and the place.

d. Deposit the seized or confiscated the dangerous drugs in the crime

          laboratory.

e. The need for the suspect to undergo the urine test

f. The chain of custody shall be followed, from the arresting officers

          down to the last which is inquest of the suspect.

These steps shall be followed for the drug buy bust operation to licit and

          valid.

 

2.     A. Yes. They can be subjected to double jeopardy.  Under the law, if one is accused of one and the same crime under different law one pertains to the law and the other Ordinance, you are subjecting the person to double jeopardy.

 

B. An ordinance to be valid in substance

      b.1. It must not contravene the Constitution or any statute.

     b.2. must not be unfair or oppressive

     b.3. must not be partial or discriminatory

     b.4. must not prohibit but may regulate trade

     b.5. must be general and consistent with public policy

     b.6. must not be unreasonable

C. c.1. on the ground of moot and academic. A moot and academic case is one

          That cease to present a justiciable controversy by virtue of the supervening

          Events so that a declaration thereon would be of no practical value.

          c.2. On the ground of overbreadth attack. Ordinance No 7780, an Anti-

          obscenity law, cannot be attacked on the ground of overbreadth.

 

          D. I would like to rule this challenged on the basis of the facial attack

          Against the ordinance on the ground of the overbreadth. The overbreadth

          Doctrine is limited only to free speech case. The case at bar does not involve

          Free speech case, it stemmed rather from an obscenity prosecution.

         

          E. Criminal statutes have their own general effect resulting from their own

          Very own existence, if the facial challenge is allowed for this reason, the

          State would now be prevented from enacting laws against socially harmful

          Conduct.

 

3.     If I am the counsel of Juan and in order to acquit him I will assail the apprehending on the basis of the legality of the buy bust.

 

4.     A. The anti-hazing law is not Unconstitutional because it does not contravene

To the provisions of the Constitution. It is not a Bill of Attainder.  The Constitution provides that no Bill of Attainder shall be passed. Bill of Attainder is a legislative act which inflicts punishment without judicial process.  But the Bill of Attainder clause does not.

Constitutional presumption of innocence meaning one enjoys the innocence unless proven guilty beyond reasonable doubt as in the criminal cases.

 

B. the res inter alios acta rule would mean the fault of one is the fault of the other. Cruel and unusual punishments includes torture, deliberately degrading punishment. Examples of which are: the execution of the insane, handcuffing a prisoner to a horizontal bar exposing the sun for several hours.

 

Reclusion perpetua is not mention as a cruel punishment, hence, it is excluded.

 

5.     A. A buy-bust operation is a form of entrapment whereby a police agent is disguised as a buyer of illegal drugs undertakes sales of transaction with a seller.

B. chain of custody rule would point to the procedural process in a buy bust operation.

C. insulating witnesses are mandated by law during the buy bust. They are the witnesses required for the buy bust to be valid and licit.

f. Strict Neutrality v Benevolent neutrality on religious freedom would mean, the provision of the law  giving a leeway to the belief of the believer, as the believer is acting in good faith and obedience to his religion.

 

g. Miller test is a standard use to measure whether the provision of an ordinance is Constitutional.

 

6.     1. There is no double jeopardy in the case above because these are two different crimes.

2. No. The court cannot convict him of two crimes. The Agote doctrine provides that one cannot be charged of a crime by using a gun, when the violation is against illegal possession of firearm due to gun band.

 

7.     The Ordinance is valid. The fish mentioned are seasonal fish. The prohibition of the Ordinance is limited to when the fish mentioned are in their seasoning or melting period. The Mayor is given such authority to issue permit as he is authority and knowledge as to when these fish mention are done with their melting periods,

 

8.     The City Ordinance of Baguio is invalid as it contravene to the provision of the Constitution.

 

9.     The residence of Saludo is in Pasay City while his domicile is in Southern Leyte.  Residence is the place where one momentarily takes your home. Domicile is the place where one intends to have a permanent residence.

 

10.  The 2 City Council ordinances are not valid for the following reasons;

a.      The 2 ordinances are not regulative of trade, not consistent with public policy and very unreasonable where one prohibits, the other also prohibits.

 

 

Thank you very much for sharing your expertise in Constitutional Law.  Thank you also for being patient and acting like a father to us. Hope to meet you soon. Extend my regards to your one only love Maam Emma.