Nov.

10 Assignment in Consti 2
(Consti 2 class will start on Nov. 10, 2016)

(a) Read: Section 1, Art. III, 1987 Constitution (pp. 100-166, Bernas, 2009 ed.)
(b) Read the BAR Questions on the Syllabus

2015 When is a facial challenge to the constitutionality of a law on the

BAR ground of violation of the Bill of Rights traditionally allowed? Explain
your answer.

2015 Around 12:00 midnight, a team of police officers was on routine patrol
BAR in Barangay Makatarungan when it noticed an open delivery van neatly
covered with banana leaves. Believing that the van was loaded with contraband, the
team leader flagged down the vehicle which was driven by Hades. He inquired from
Hades what was loaded on the van. Hades just gave the police officer a blank stare
and started to perspire profusely. The police officers then told Hades that they will
look inside the vehicle. Hades did not make any reply. The police officers then lifted
the banana leaves and saw several boxes. They opened the boxes and discovered
several kilos of shabu inside. Hades was charged with illegal possession of illegal
drugs. After due proceedings, he was convicted by the trial court. On appeal, the
Court of Appeals affirmed his conviction. In his final bid for exoneration, Hades went
to the Supreme Court claiming that his constitutional right against unreasonable
searches and seizures was violated when the police officers searched his vehicle
without a warrant; that the shabu confiscated from him is thus inadmissible in
evidence; and that there being no evidence against him, he is entitled to an
acquittal. For its part, the People of the Philippines maintains that the case of
Hades involved a consented warrantless search which is legally recognized. The
People adverts to the fact that Hades did not offer any protest when the police
officers asked him if they could look inside the vehicle. Thus, any evidence obtained
in the course thereof is admissible in evidence. Whose claim is correct? Explain.

2015 The Gay, Bisexual and Transgender Youth Association (GBTYA), an

BAR organization of gay, bisexual, and transgender persons, filed for
accreditation with the COMELEC to join the forthcoming party-list elections. The
COMELEC denied the application for accreditation on the ground that GBTY A
espouses immorality which offends religious dogmas. GBTY A challenges the denial
of its application based on moral grounds because it violates its right to equal
protection of the law.
(1) What are the three (3) levels of test that are applied in equal protection cases?
Explain.
(2) Which of the three (3) levels of test should be applied to the present case?
Explain.

2015 The Secretary of the Department of Environment and Natural

BAR Resources (DENR) issued Memorandum Circular No. 123-15 prescribing
the administrative requirements for the conversion of a timber license agreement
(TLA) into an Integrated Forestry Management Agreement (IFMA). ABC Corporation,
a holder of a TLA which is about to expire, claims that the conditions for conversion
imposed by the said circular are unreasonable and arbitrary and a patent nullity
because it violates the non-impairment clause under the Bill of Rights of the 1987
Constitution. Is the contention of ABC Corporation correct? Explain.

(c) Assigned Cases

Right to Life and Property
Is Sec. 13 of the Cybercrime Law, which requires the service provider to
preserve the integrity of the traffic date and subscriber information for 6
months, a deprivation of the right to property?
Disini vs. Secretary of Justice, G.R. No. 203335, Feb. 18, 2014
Does the RH Law violate the constitutional right to life of the unborn?
Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014
 Police Power
Are the 14th Amendment Rights [equal protection and due process] of the
petitioners same-sex-couples violated by the states of Michigan, Kentucky,
Ohio, and Tennessee which denied them the right to marry or to have
marriages lawfully performed in another State given full recognition?
Obergefell vs. Hodges, No. 14556 SCOTUS June 26, 2015
Are Quezon City Ordinances No. SP-2095 (socialized housing) and No. SP-
2235, valid exercise of police power?
Ferrer vs. Bautista, G.R. No. 210551, June 30, 2015
Was the act of the Punong Barangay in removing the basketball ring an
abatement of nuisance and a valid exercise of police power?
Cruz vs. Pandacan Hikers Club, G.R. No. 188213, Jan. 11, 2016
Is Davao City Ordinance No. 0309-07 unconstitutional for being
unreasonable, oppressive, and an invalid exercise of police power?
Mosqueda vs. Filipino Banana Exporters, G.R. No. 189185, August
16, 2016
Substantive Due Process
Is Sec. 17 of the Cybercrime Law which would have the computer data,
previous subject of preservation or examination, destroyed or deleted upon
the lapse of the prescribed period --- a deprivation of property without due
process?
Disini vs. Secretary of Justice, G.R. No. 203335, Feb. 18, 2014
Was Deoferio denied of substantive due process or procedural due process
or both?
Deoferio vs. Intel Technology Phils., G.R. No. 202996, June 18, 2014
Procedural Due Process
Is the constitutional right to due process available in JBC proceedings?
Jardeleza vs. CJ Sereno, G.R. Nos. 213181, Aug. 19, 2014
Did the Ombudsman violate the constitutional right to due process of Sen.
Estrada when it denied his request for copies of the counter-affidavits of his
co-respondents? Is Sen. Estrada entitled to the essential and fundamental
requirements of due process in administrative proceedings, as laid down in
Ang Tibay?
Sen. Jinggoy Estrada vs. Ombudsman, G.R. Nos. 212140-41, Jan. 21,
2015
Did Guzman vs. NU, entirely do away with due process requirements outlined
in Ang Tibay? Is Cudia entitled to the right to counsel before the HC and the
CRAB hearings?
Cudia vs. PMA Superintendent, G.R. No. 211362, Feb. 24, 2015
Did FDA observe the basic tenets of due process when it certified, procured
and administered the contraceptive drugs and devices?
ALFI vs. Garin, G.R. No. 217872, Aug. 24, 2016
Equal Protection Clause
Does the RH Law violate the poors right to equal protection of the law, they
being the primary target of the government program that promotes
contraceptive use?
Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014
Whether or not the policy of JBC requiring five years of service as judges of
first-level courts before they can qualify as applicant to second-level courts
violates the equal protection clause?
Villanueva vs. JBC, G.R. No. 211833, Apr. 7, 2015
Is the petitioner entitled to equal protection and treatment accorded to other
landowners who had been given the chance to be heard on their claim for re-
valuation?
Limkaichong vs. Land Bank, G.R. No. 158464, Aug. 2, 2016
Void-for-Vague and Overbroad
 Is the RH Law "void-for-vagueness" for imposing the penalty of
imprisonment for any violation and for not defining the type of conduct to be
treated as "violation" thereof? If it is not a speech regulating statute, can the
RH law be facially challenged?
Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014

(d) Prepare for a short quiz.

(e) Announcement: SU Printing is now re-printing Consti 2 Syllabus but there
are few copies available in my office [2 nd Floor, DRBI Bldg., San Jose St., Dgte. City]
on a first-come-first-serve basis.