Constitutional Law 2

Sample Exam Questions

1. In January 1984, Pasay City filed expropriation proceedings against several landowners for the construction of
an aqueduct for flood control in a barangay. Clearly, only the residents of that barangay would be benefited by the
project.
As compensation, the city offered to pay only the amount declared by the owners in their tax declarations which
amount was lower than the assessed value as determined by the assessor. The landowners oppose the expropriation
on the grounds that:
a. the same is not for public use; and
b. assuming it is for public use, the compensation must be based on the evidence presented in court and not, as
provided in presidential decrees prescribing payment of the value stated in the owner's tax declarations or the value
determined by the assessor, whichever is lower.

If you were the judge, how would you rule on the issue?

2. Mr. Marti, a foreigner, delivered a package to the cargo forwarding business of Mr. Reyes so that it can be sent to
the former's friend in Switzerland. Mr. Reyes sought to inspect the package but Mr. Marti refused. However, before
the package was delivered to the Bureau of Customs, Mr. Reyes conducted a final inspection of the packages in his
possession, and he found marijuana in the package of Mr. Marti. He then informed the NBI of what he found and
invited them to his place of business. Upon the NBI agents' arrival, he opened in their presence Mr. Marti's package
and it was confirmed that it contained marijuana leaves. Mr. Marti was charged with violation of Dangerous Drugs
Act. He was later convicted. Mr. Marti contends that he was wrongfully convicted of the crime, because the
contraband was obtained in violation of his constitutional right against unreasonable searches and seizure.
a. Was the search conducted by Mr. Reyes, a private person, a violation of Mr. Marti's right?
b. Was the search conducted converted into an illegal search by the mere presence of NBI agents when the box was
opened?
c. Does the Bill of Rights govern the relationships between individuals?

3. A is an alien. Is he entitled to the constitutional right against illegal searches and seizures and against illegal
arrests?

4. Undaunted by his three failures in the National Medical Admission Test (NMAT), Cruz applied to take it again but
he was refused because of an order of the DECS disallowing flunkers from taking the test a fourth time. Cruz filed suit
assailing this rule raising the constitutional grounds of accessible quality education, academic freedom and equal
protection. The government opposed this, upholding the constitutionality of the rule on the ground of police power.
Decide.

5. A has a telephone line with an extension. One day, A was talking to B over the phone. A conspired with his friend
C, who was at the end of the extension line listening to A's conversation with B in order to overhear and tape-record
the conversation wherein B confidentially admitted that with evident premeditation, he (B) killed D for having cheated
him in their business partnership. B was not aware that the phone conversation was being tape-recorded. In the
criminal case against B for murder, is the tape-recorded conversation containing his admission admissible in
evidence?

6. Children who are members of a religious sect have been expelled from their respective public schools for refusing,
on account of their religious beliefs, to take part in flag ceremony which includes playing by a band or singing the
national anthem, saluting the Philippine flag and reciting patriotic pledge. The students and their parents assail the
expulsion on the ground that the school authorities have acted in violation of their right to free public education,
freedom of speech, and religious freedom and worship. Decide the case.

7. Juan Casanova contracted Hansens disease (leprosy), exhibiting open lesions. A law requires that lepers be
isolated upon petition of the City Health Officer. The wife of Juan wrote a letter to the City Health Officer to have her
formerly philandering husband in some isolated leprosarium. Juan challenged the constitutionality of the law as
violative of his liberty of abode. Will the suit prosper?

8. X, a constabulary officer, was arrested pursuant to a lawful court order in Baguio City for murder. He was brought
to Manila and a warrantless search was conducted in his official quarters at Camp Crame. The search team found
and seized the murder weapon in a drawer of X. Can X claim that the search and seizure were illegal and move
for exclusion of evidence of the weapon seized? [see Nolasco vs. Cruz-Pao, G.R. no. 69803, October 8, 1985]

9. During the recent elections, checkpoints were set up to enforce the election period ban on firearms. During one
such routine, while looking through an open window with a flashlight, the police saw firearms at the backseat of a car,
partially covered by papers and clothes.
a. Antonio, owner and driver of the car in question, was charged with violation of the firearms ban. Are the firearms
admissible in evidence against him.

b. If, upon further inspection by the police, prohibited drugs were found inside the various compartments of Antonios
car, can the drugs be used in evidence against Antonio if he is prosecuted for possession of prohibited drugs.

10. Crack officers of the Anti-Narcotics Unit were assigned on surveillance of the environs of a cemetery where the
sale and use of dangerous drugs are rampant. A man with reddish and glassy eyes was walking unsteadily moving
towards them but veered away when he sensed the presence of policemen. They approached him, introduced
themselves as police officers and asked him what he had clenched in his hand. As he kept mum, the policemen pried
his hand open and found a sachet of shabu, a dangerous drug. Accordingly charged in court, the accused objected to
the admission in evidence of the dangerous drug because it was the result of an illegal search and seizure. Rule on
the objection.

11. Atty. Emily Go, a legitimate daughter of a Chinese father and a Filipino mother, was born in 1945. At 21, she
elected Philippine citizenship and studied law. She passed the bar examinations and engaged in private practice for
many years. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the
Supreme Court. Her nomination was contested by Atty. Juris Castillo, also an aspirant to the position. She claims that
Atty. Emily Go is not a natural born citizen, hence, not qualified to be appointed to the Supreme Court. Is the
contention correct?

12. Atty. Richard Chua was born in 1964. He is a legitimate son of a Chinese father and a Filipino mother. His father
became a naturalized Filipino citizen when Atty. Chua was still a minor. Eventually, he studied law and was allowed
by the Supreme Court to take the bar examinations, subject to his submission to the Supreme Court proof of his
Philippine citizenship. Although he never complied with such requirement, Atty. Chua practiced law for many years
until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is
not a Filipino citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine citizenship. Noel
contested it claiming it was filed many years after Atty. Chua reached the age of majority. Will Atty. Chua be
disbarred?

13. Edwin Nicasio, born in the Philippines of Filipino parents and raised in the province of Nueva Ecija, ran for
Governor of his home province. He won and has sworn into office. It was recently revealed, however, that Nicasio is a
naturalized American citizen.

a. Does he still possess Philippine citizenship?

b. If, instead, Nicasio had been born (of the same set of parents) in the United States ad he thereby acquired
American citizenship by birth, would your answer be different?

14. A was born in the Philippines of Filipino parents. When martial law was declared in the Philippines, he went to the
United States and was naturalized as an American citizen. After the EDSA Revolution, he came home to the
Philippines and later on reacquired Philippine citizenship by repatriation. Suppose in the May 2010 elections, he is
elected Member of the House of Representatives and a case is filed seeking his disqualification on the ground that he
is not a natural-born citizen of the Philippines, how should the case against him be decided?
Criminal Law 2: Sample Exam Questions

1. Roland, 19 years old, was prosecuted for illegal possession of shabu. Being a first-time offender, he was placed on
probation under the supervision of the Dangerous Drugs Board for 6 months. Thereafter, the court dismisses his case
and ordered his discharge. Later, he took the CPA Board Examination. In the application under oath, he answered
"No" to the question of whether or not any criminal case has even been filed against him in any court in the
Philippines. What crime, if any, ma he be prosecuted for?

2. Armed with a search warrant, the NBI agents went to the house of Mr. Chi to search the same for prohibited drugs.
Finding no prohibited drugs, one NBI agent placed a box full of dried marijuana leaves inside Mr. Chi's cabinet and
through threat of prosecution for violation of Dangerous Drugs Law, demanded P100,000.00 from Mr. Chi who gave
the amount out of fear. What crime or crimes may the NBI agents be liable for? Why?

3. B challenged X to a fight and thereafter frontally assaulted the latter, X parried the blow and a physical struggle
ensued. X, who was bigger and stronger, overpowered B who was already exhausted and helplessly lying with his
face down to the ground, with X sitting on his back. In this position, X removed his belt, tied his hands therewith and
stood up in order to reach for a boulder of stone nearby which he dropped on the head of B which cause his death.
What crime, if any, will you charge B with? Why?

4. While studying in Manila, M lived with his sister who was married to B. One afternoon, M saw B's car parked on the
street in front of their house. M got the key to B's car without the latter's knowledge, drove the car to another street
behind the house where he took the stereo sets and the two side mirrors which he sold in order to finance his
assorted vices, leaving the car thereat. What crime, if any, will you prosecute M for?

5. The father had sexual intercourse with his 17-year-old daughter who he has been providing with support and
education. The daughter admitted that the sexual intercourse was with her consent. If you were the Public
Prosecutor, what crime/s will you charge the father with?

6. X, a custodian of records in a private lending company, brought home the promissory note and the chattel
mortgage contract executed by his parents as evidence of indebtedness to the company. For failure of the parents to
pay their obligation on the due date, the company filed a civil case in the court for the collection of indebtedness. The
court, however, dismissed the civil case for failure of the company to present evidence of the obligation from the said
promissory note and chattel mortgage contract. What crime/s, if any will you charge X with?

7. H, a house maid, entered the opened master's bedroom in order to clean the same. Seeing the master's locked
jewelry box on the dresser set, H took it in order to bring it outside the house, where she thought of dropping a
boulder of stone to force to open it. However, before she could exit at the back door, she met her master's son who
grabbed the jewelry box from her. What crime, if any, will you charge H with?

8. ABC Corporation leased its building together with all the equipment. TV sets and air conditioning units therein to S,
with the agreement that upon the termination of the lease, S will return the same to ABC Corporation. When the lease
agreement expired, S removed, took, and carried away all the 50 air conditioning units without the knowledge and
consent of the corporation's representative. What crime, if any, will you prosecute S for?

9. One Friday evening, M purchased grocery items from B in the amount of P10,000. Since M did not have the cash,
he gave B a check worth P10,000 given by his client, as a guarantee that M will come back the following Monday to
replace the check with his own. As promised, he returned the following Monday and replaced the check. On the same
day, B deposited M's check with the bank which dishonored the same for lack of sufficient funds. M failed to pay the
amount despite demands. Although B had already filed a criminal case for violation of BP 22 against M, he still asked
for your advice whether he can still file a case for estafa against M. What will be your advice?

10. As payment for his indebtedness, C gave Y a check in the amount of P100,000 on July 1, 1999, with the request
to deposit the same after 5 days, since C was expecting his customers to pay him their accounts within this period.
On the 5th day, C called Y and asked the latter not to deposit the check until August 15, 1999 to which Y agreed on
condition that the account shall bear of 3% per month. On August 15, 1999, C again called Y and requested the latter
to deposit the check on October 5, 1999 with the same rate of interest on the assurance that in the event C cannot
pay on October 5, 1999, C will assign his car to Y. When Y deposited the check on October 5, 1999, the same
bounced for insufficient funds and despite demands, C failed to pay the value of the check. What crime or crimes, if
any, will you charge C with?
11. H and W were married in the province with a forged marriage license and thereafter lived together as husband
and wife for many years. Owing to the demand of his work, H was transferred to Makati City which necessitated that
he be separated from the wife who was staying in the province. While in Makati City, H and a female co-employee fell
in love with each other and got married before a city judge. W learned about his marriage so she filed a criminal case
against H for bigamy. If your were the judge, how will you decide the case?

12. Two Arab nationals tied the hands and feet of a teenage male on-boarder, and laid him face down the floor. In
this position, they took turns satisfying their lust by inserting their sexual organ into the boy's anus. If you were the
counsel for the boy, what crime will you charge the two Arab nationals with?

13. Under the same facts in the immediately preceding problem, and with the addition that during the preliminary
investigation in the office of the public prosecutor, the teenage boy decided to expressly pardon the two Arab
nationals having been given a substantial amount of money. The boy filed an affidavit of desistance stating that he
had already expressly pardoned the two Arabs for the crime they committed and requested the public prosecutor to
dismiss the criminal case. Assuming that you are the public prosecutor, will you grant the boy's request?

14. A, an appliance salesman, left the appliances he is offering for sale in the house of X on a trial basis with the
understanding that if she does not call his office within one week, the appliances are deemed sold. The following day,
X sold the appliances to her neighbor. Despite demands, X failed to return the appliances or deliver the proceeds of
the same. What crime, if any, may you prosecute X for?

15. In payment of his indebtedness, X issued to his brother, who is living in the same house, a check amounting to
P20,000 which, however, was dishonored by the bank when presented for payment for insufficiency of funds. Despite
demands, X failed to make good the value of the check. What crime, if any, may X e prosecuted for?

16. In the middle of the night, A forced open the door of M's apartment. Entering through the door, he found M's
motorcycle in the sala. He pushed the motorcycle out of the apartment, rode on it and never returned the same. What
crime did A commit?

17. A, an elementary school teacher, through a promise of making G, his female pupil who was 11 years old the class
valedictorian upon graduation, succeeded in making G perform lascivious acts on his private parts. What crime, if
any, was committed by A?

18. JP and GH are the best of friends. Thus, JP still invited GH to his birthday celebration, even though GH was
charged of rebellion and was now considered a fugitive from justice for evading prosecution. GH, who never missed
any of JP's birthday parties, came together with his fellow rebel soldiers. GH and his companions are and drank until
the wee hours of the morning. Big brother, who was also in the party, reported the same to the authorities. For such
acts, JP was criminally charged, in two separate informations, (1) of rebellion in conspiracy with GH under the RPC
and (2) of violating PD 1829 for harboring and concealing GH, whom he knows or suspects to have committed
rebellion. A brilliant lawyer, JP argued that having been charged of rebellion, he could no longer be charged for
allegedly violating PD 1829, a special law, as such alleged violation is absorbed in or a component of the simple
crime of rebellion. Is he correct? (2008 SBC Pre-Week reviewer)