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CONSTITUTIONAL LAW 2 FINALS March 19, 2016 9 – 11:30 am 2 ½ hours

1. Romeo was the accused in a rape with homicide case. During evidence gathering, the NBI investigator found strands
of hair and semen samples of the perpetrator. The prosecution filed a motion to compel Romeo to submit samples
of his hair and semen for DNA testing. The judge dismissed the motion for it violates the right against self-
incrimination of the accused. Is the judge correct in dismissing the motion? 10%

2. Rico got involved in a fight against the brother of a security guard in a subdivision. He was allegedly picked up by
the security guard. The family of Rico searched for him in all police precincts in the region but he was nowhere to
be found. The family applied for a writ of amparo having the officials of the Philippine National Police as
respondents. Is the writ of amparo availed of appropriately? 10 %

3. Gina was a cum laude graduate of UP Diliman. She wanted to continue her studies and take up medicine in the
University of the Philippines College of Medicine. However, the 100 quota for female students was already filled
up. Gina found out that the 100 quota for male students was not yet filled up but 20% of those already admitted
male students had lower GWAs than her. Gina filed an application for mandatory injunction to compel the UP
College of Medicine to admit her. The RTC granted the petition. Is the RTC correct? 10%

4. Rodrigo and his family are farmers who filed a case in the RTC for the destruction of their property. During one of
the army’s anti-insurgency operation against the NPA who were extorting money from a mining company, Rodrigo
and his family’s farmlands were destroyed and livestock were taken. The mining company moved to dismiss the
case saying that they cannot be held liable for civil damages. Is the mining company correct? 10%

5. Huge amount of money was fraudulently transferred from a foreign bank into a local bank in which Carol was the
branch manager. On their way to Hongkong, immigration officers prevented Carol and her family from boarding
the plane upon the request of the bank president. Is the action of the immigration officials constitutional? 10 %

6. Inigo was an artist. His black and white visual essay about a lesbian relationship is being exhibited in the Cultural
Center of the Philippines. Only adults were allowed and minors were prohibited from seeing the exhibit. A Catholic
bishop filed a case wanting to stop the exhibit on grounds that the work is obscene and that public property such
as the CCP should not be used for such works. Will the case prosper? 10 %

7. The Department of Education is implementing the Arabic Language and Values Education (ALIVE) program in some
schools and even provides an honorarium for teachers teaching the said program. A group assails the
constitutionality of the said program saying that it violates the non-establishment of religion clause of the
Constitution. Being the lawyers of the DepEd, what will be your argument? 10 %

8. Mary Grace was born in 1953 to a Filipino mother and a Chinese father. She ran for city councilor but she lost. She
married an Australian and went to Australia but she did not have Australian citizenship. She came back to the
Philippines in 2006. She joined the Mrs. Universe pageant and won and she became popular She ran for the 2011
senatorial elections and she won. A losing candidate filed a motion for her disqualification on the ground that Mary
Grace is not a natural-born citizen. Should she be disqualified? 10 %

9. Anna is a writer in a newspaper. She went to the Philippine Charity Sweepstakes Office to ask information about
the hospitalization-loan assistance granted to the relatives of the President. The PCSO refused her request. Is the
PCSO correct in dismissing her request? Discuss. 10 %

10.Johnny bought in 1990 a house and lot located along the main road of a residential area. In 2010, an ordinance was
passed reclassifying the area as residential/ commercial. Properties located near Johnny’s house became
restaurants and other business establishments. Johnny complained that the area near his house has become noisy
and that traffic worsened greatly. He filed a case saying that the ordinance was violating the terms of the contract
of sale of his property wherein it was annotated that the area was for residential purposes only. Will Johnny’s case
prosper? Explain with reasons. 10 %