FINAL EDISON ALVIAR

 

1.    Section 21 or RA 9165 is provision for the chain of custody of seized items from the conduct of buy-bust operation. It is necessary in order to maintain the integrity of the seized items from seizing officer to the chemistry examination up to presentation of such in the court.

 

2.    A. Yes. They cannot be charge two different offense in one act. though either of the both could be charge against respondent but it should be indicated relatively to one another.

 

B. The ordinance is Constitutional because it does not contravene to constitution and or any statute. However in order for the ordinance to be valid it should be; 1. Must not contravene the constitution or any statute. 2. Must not be unfair or oppressive; 3. Must not be partial and discriminatory; 4. Must not prohibits but regulate trde;5 must be general and consistent with public policy and 6. Must be reasonable.

 

C. because the prosecutor did not push through with the case related to the ordinance.

 

D. it cannot be considered as free speech based on the provision of criminal law but a violation of ordinace which prohibits obscene and pornographic materials publication and selling as such.

 

3.    Juan could invoke section 2 of the article III, …against unreasonable search and seizure….xxxx. base on the given facts, it cannot be considered as infragrante delicto, since the alleged shabu was not seen in plain view. therefore, the search made could be considered as illegal.

4.    A. NO. because it is already a law, therefore it already pass the constitutionality test prior its passage.

 No. because bill of attainder is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial. Constitutional presumption means, presumed innocent unless proven otherwise.

NO.

B. res inter alios acta rule provides that the rights of a party cannot be prejudiced by an act, declaration, or omission of another.

 

Cruel and Unusual Punishment,refers to punishment that is too severe for the crime committed. Ex. Tortures, deliberately degrading and other form of cruelty. Reclusion perpetua cannot be considered as cruel punishment.

 

5.    A. Buy-bust-an undercover operation by law enforcers to catch suspecting drug dealers.

B. Chain of Custody- the order in which items of evidence have been handled during the investigation of a case to maintain the integrity of the evidence b y ensuring that it is not tampered and contaminated.

C. Insulating witness. Mandatory witness required by law, especially in drug operation, during inventory, marking, photograph of seized items in order to ensure no planting and switching of evidence recovered from the suspect possession and property.

D. Section 5, of RA 9165  penalizes sale, trading, administration, dispensation, delivery, distribution and transportation of all kinds of dangerous drugs.

E. Section 11 of RA9165 is the Possession of Dangerous Drugs.

F. Strict Neutrality v Benevolent Neutrality . the latter refer to  principle that the free exercise and the establishment clauses "should be.while the former is religious accommodation.

G.Millers test on obsnenity includes,1.  appeal to prurient interest,2,whether, it depicts or describe in a potently offensive way and sexual conduct and whether the work taken as whole for lack of literacy, artiditic, politicalm and scientific.

 

6.    1. None. Because it is two separate act that constitutes two separate offense.

Yes. He can be convicted in both offense under PD 1866

2. Agote Principle this is relation to RA 8294,this principle explains that when unlicensed firearms was used in the commission of an offense, there can be no separate offense of simple illehgal posseion of firerms in the crime against prrson, it only become as aggravating  circumstance. Therefore this principle could apply in the instant case.

 

7.    The Ordinance is Valid. Because it is both under the applicable laws and the constitution. Furthermore, one of the devolved power of the LGC on the devolution of enforcement fisheries laws in the municipal waters including its conservation and protection.

8.    No it is null and without force and effects due to the reason the city council has no power to eliminates criminal liability of those squatters who illegally constructs their house in public land, thus relinquish the criminal liability of those people who will be clothe by the ordinance.

9.    Both house in Makati and  Ichon, Macrohon, Southern Leyte, but for the purpose of election, the former is his residence. Residence is used to indicate a place of abode, whether permanent or temporary. While domicile denotes fixed permanent residence to which when absent, one has the intention to return.

10. Both ordinance are invalid. Gambling in not illegal, nor it is stipulated in the constitution that it is illegal. Although it is lay upon the discretion of the legislature on how to regulate and prohibit others forms. But prohibiting all forms of gambling even it is allowed by special law and regulated by the PAGCOR as the lead agency of the government to supervise and regulate the operation, could constitute violation of special law. Thus once it is contrary to existing laws, the said ordinance would be invalid.