FINAL NAQUILA LOVELLE C

 

Naquila, Lovelle C.

 

1.                Immediateley after seizure/ confiscation of the dangerous drugs by the apprehending team , they will conduct a physical inventory of the seized items and photograph them in the presence of the accused, or his representative or his counsel with an elected public official and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy. A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s

2.     A. No, it is not double jeopardy.

B.         Yes it is unconstitutional in a way that it violates the constitutional guarantee to free speech and expression.

                 In order for an ordinance to be valid in substance, it  must not contravene the Constitution or any statute;  must not be unfair or oppressive;  must not be partial or discriminatory;  must not prohibit, but may regulate trade;  must be general and consistent with public policy; and  must not be unreasonable.

c.              On the grounds that Ordinance No. 7780 has rendered this case moot and academic.Then it is overbreadth because obscenity is unprotected speech.

                  A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value.

3.      If I were the defence counsel of Juan, I will invoke the Sec. 2 of Bill of Rights The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

4.     a. No, it is not unconstitutional and not a bill of attainder. Bill of attainder are such special acts of the legislature, as inflict capital punishments upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction in the ordinary course of judicial proceedings. Law is not violated when there is a logical connection between the fact proved and the ultimate fact presumed.

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

Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed. Example of cruel and unusual punishment are execution to those who are insane. Reclusion perpetua is not cruel and unusual punishment.

5.     A. Buy-bust- an undercover operation by narcotics detectives to catch unsuspecting drug dealers. undercover operation - an operation involving secret work within a community or institution.

B. chain of custody rule-   requires the identification of the persons who handled the confiscated items for the purpose of duly monitoring the authorized movements of the illegal drugs and/or drug paraphernalia from the time they were seized from the accused until the time they are presented in court.

c. Insulating witnesses-  present during the marking, the actual inventory, and the taking of photographs of the seized items to deter possible planting of] evidence.

d. Sec. 5  Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

e. Sec. 11  Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.

f. Strict neutrality- The weight of current authority, judicial and in terms of sheer volume, appears to  lie with the separations.

Benevolent Neutrality-Constitutional history and interpretation indubitably show benevolent neutrality as the launching pad from which the Court should take  off in  interpreting religion clause cases.

g. Miller Test on obscenity-  also called the three-prong obscenity test. Test for determining whether speech or expression can be labeled obscene.

6. No there will be no double jeopardy because it is a different offense. A double jeopardy means when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.

7. The ordinance is not valid. It violates article 12  sec 2 and 13 sec 2 and 7 of 1987 Constition.

8. No, it is not valid because squatting is unlawful and no amount of acquiescence on the part of the city officials will elevate it into a lawful act. In principle, a compound of illegal entry and official permit to stay is obnoxious to our concept of proper official norm of conduct. Because, such permit does not serve social justice; it fosters moral decadence. It does not promote public welfare; it abets disrespect for the law. 

9. Residence- Pasay City   Domicile- Ichon, Macrohon, Southern Leyte.

    Residence for election purposes is used synonymously with domicile.

 

10.  The ordinances enacted are invalid. Ordinances should not contravene a statute