FINAL Cherrie May Baes Pancho

 

 

Cherrie May Baes Pancho
JD-1
Final Examination in Constitutional Law 1
Judge Ric Bastasa
cmb102792@gmail.com

 

 

1. In Section 21, of R.A 9165 (Comprehensive Drugs Act of 2002) tells about the of dangerous drugs and drug paraphernalia where the PDEA agents is in charge and have a custody of all the dangerous drugs, plant sources from the dangerous drugs, chemicals, paraphernalia that will confiscate and surrendered. First, The PDEA agents were having an initial custody and they are the one to control of the drugs that can immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused from whom such items were confiscated and seized by his or her legal counsel. Second, within 24 hours the seizure of dangerous drugs, plant sources from a dangerous drugs, and paraphernalia shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination.

Third, the forensic laboratory examination on the same within the next twenty-four hours.Fourth, within seventy-two hours, the PDEA agents conduct an ocular inspection of the confiscated, seized, or surrendered dangerous drugs, plant sources of dangerous drugs, and paraphernalia. The PDEA agents must know within twenty-four hours shall proceed with the destruction or burning of the same, in the presence of the accused from whom such items were confiscated or seized, or his or her legal counsel.
Lastly, the Transitory Provision of PDEA for the following: 1.Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined herein which are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of representatives of the court, Department of Justice, Department of Health, the accused and the legal counsel. 2. The organization of PDEA, the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the Department of Health.

 

2. A.) No, it’s not, according to Article 200 of the Revised Penal Code (RPC) states by their publicity and character, can cause public scandal among the persons witnessing them, besides being contrary to morals and good customs. In Article 201 of the Revised Penal Code (RPC) states Immoral doctrines, obscene publications and exhibitions, and indecent shows. It is not subject to a jeopardy case because they violated of the ordinances of City of Manila.

(B) No, the ordinance is not unconstitutional as stated in Manila Ordinance 7780 stated “prohibiting and penalizing the printing, publication, distribution and exhibition of obscene and pornographic acts and materials and the production, rental, public showing and viewing of indecent and immoral movies, television shows, music records, video and VHS tapes, laser discs, theatrical or stage and other live performances, except those reviewed by the Movie, Television Review and Classification Board (MTRCB).”

 

 

 

The following requisites for an ordinance to be valid: First, must not contravene the Constitution or any statute. Second, must not be unfair or oppressive. Third, must not be partial or discriminatory. Fourth, must not prohibit, but may regulate trade. Fifth, must be general and consistent with public policy. Lastly, must not be unreasonable.

(C) The petitioner was dismissed in the grounds of Grave Scandal of Article 200 and 201 Immoral doctrines, obscene publications and exhibitions, and indecent shows of the Revised Penal Code.

(D) In Madrilejos case, as what I understood, as stated of Article 200 of the Revised Penal Code. First, a person publicly expound or proclaim doctrines openly contrary to public morals. Second, The authors of obscene literature, published with their knowledge and the editors publishing such literature. Third, it is criminals or condone crimes. They serve no other purpose but to satisfy the market for violence, lust or pornography. They offend any race or religion. They tend to abet traffic in and use of prohibited drugs. They tend to abet traffic in and use of prohibited drugs. Lastly, to Those who shall sell, give away or exhibit films, prints, engravings, sculptures, or literature which are offensive to morals.

 

3. Yes, If I were a legal counsel of Juan, I would tell him that he is violated in R.A 9165 of Comprehensive Drugs Act of 2002 because of handling an unknown item to be given by Maria. I will explain Juan as stated in Section of R.A 9165 of handling, delivery or distributing drugs may have penalty of life imprisonment to death and a fine hundred thousands to millions. The imprisonment ranging from twelve years and one day to twenty years. He is handling and delivering an unknown to be given by Maria within one hundred meters, the maximum penalty shall be imposed in every case.

 

 

4. (a.) No, the Anti Hazing law is not unconstitutional. The Anti Hazing Law is a crime as stated  Republic Act No. 8049 is a legislation of the Philippines who regulating the act of hazing and other initiation rites in fraternities and sororities. The Anti Hazing Law is prohibits and penalizes physical harm and violence in such practices.

 

Yes, it can be a Bill of Attainder because Anti Hazing Law is a crime and punishable by the law.

A Bill of Attainder is is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative for a judicial determination of guilt. 

Constitutional presumption of innocence means that must be overcome by evidence of guilt beyond reasonable doubt.

 

Yes, guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the accused.

 

 

 

 

 

 

 

 

 

(b) Res inter alios acta means is a law doctrine which holds that a contract cannot adversely affect the rights of one who is not a party to the contract. It has a common meaning: "A matter between others is not our business." 

 

Cruel and unusual punishment is describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. For example of Cruel and unusual punishment handcuffing a Filipino prisoner to a horizontal bar exposed to the sun for five years.

 

No, Reclusion Perpertua is not a cruel but penalty for a crime committed. Reclusion Perpetua is life imprisonment is a sentence for a crime that falls under a special penal law. 

 

 

5. (a) Buy Bust is an undercover operation by PDEA agents to catch unsuspecting drug dealers.

(b) Chain of Custody rule means the order in which items of evidence have been handled during the investigation of a case. It is an item has been properly handled through an unbroken chain of custody is required for it to be legally considered as evidence in court.

 

(c) Insulating witnesses be present during the marking, the actual inventory, and the taking of photographs of the seized items to detect evidence.

 

(d) Section 5 of R.A 9165 means Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

 

(e)Section 11 of R. A 9165 Possession of Dangerous Drugs.

 

(f ) Strict Neutrality is a one way to interpret the conflict between the freedoms of. first amendment's two religion clauses and historic preservation. Benevolent neutrality means that combines neutrality and accommodationaism. 

(g) The Miller test for obscenity means about the average person, applying contemporary community standards would find that the work or taken as a whole, that appeals to ‘interest'. Whether the work depicts or describes, in a patently offensive way, sexual conduct.

 

 

6. (a) No, there is no jeopardy case in the situation. (b) Yes, the Supreme Court can convict him two offenses first the Revised Penal Code for murder and P.D 1866 the illegal possession of firearms. Agote Doctrine explained about fruit of the poisonous tree as adopted in the jurisdiction. The rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence because the originally illegally obtained evidence taints all evidence subsequently obtained.

 

7. Yes, the ordinance is valid. Vis a vis is a resolution that prohibiting catching, gathering, possessing, gathering, buying and selling of marine life animals.

8. Yes, the ordinance is valid in Baguio City as stated in the following requisites: First, must not contravene the Constitution or any statute. Second, must not be unfair or oppressive. Third, must not be partial or discriminatory. Fourth, must not prohibit, but may regulate trade. Fifth, must be general and consistent with public policy. Lastly, must not be unreasonable.

9. (a) Yes, it is the residence of Saludo. His domicile located in Southern Leyte.
(b) Domicile means the country that a person treats as their permanent home, or lives in and has a substantial connection with. Residence means where the person lives.

 

10. Yes, the two ordinances of Cagayan De Oro is valid as stated in the following requisites: First, must not contravene the Constitution or any statute. Second, must not be unfair or oppressive. Third, must not be partial or discriminatory. Fourth, must not prohibit, but may regulate trade. Fifth, must be general and consistent with public policy. Lastly, must not be unreasonable.