I.

(20 Points)

Gwapa, an actress, signed a two-year contract with Gwapo Films, the film company undertook to promote
her career and to feature her as the leading lady in at least four (4) movies. In turn, Gwapa promised that,
for the duration of the contract, she shall not get married or have a baby; otherwise, she shall be liable to
refund to the film company a portion of its promotion expenses.

A. Does this contract impair, or impinge upon, any constitutionally protected liberty of Gwapa? (5
points)

B. If Gwapo Films tries to enforce this contract judicially, will this constitutionally protected liberty
prevail? (5 points)

II.
(20 Points)

Pursuing reports that great quantities of prohibited drugs are being smuggled at nighttime through the
shores of Lilo-an, the Central Command set up checkpoints at the coastal road of said Municipality to
search passing motor vehicles. An 18-year old boy, who finished fourth grade, while driving, was stopped
by the authorities at the checkpoint. Without any objection from him, his car was inspected, and the
search yielded marijuana leaves hidden in the trunk compartment of the car. The prohibited drug was
promptly seized, and the boy was brought to the police station for questioning.

A. Was the search without warrant legal? (10 points)

B. Before interrogation, the policeman on duty informed the boy in English that he does "have a right
to remain silent and the right to counsel." However, there was no counsel available as it was
midnight. He declared orally that he did not need any lawyer as he was innocent, since he was
only bringing the marijuana leaves to his employer in Mandaue City and was not a drug user. He
was charged with illegal possession of prohibited drugs. Is his waiver of the right to counsel valid?
(10 points)

III.
(20 Points)

Public school teachers staged for days mass actions at the Department of Education (DepEd) to press for
the immediate grant of their demand for additional pay. The DepEd Secretary issued to them a notice of
the illegality of their unauthorized action, ordered them to immediately return to work, and warned them of
imposable sanctions. They ignored this and continued with their mass action. The DepEd Secretary
issued orders for their preventive suspension without pay and charged teachers with gross misconduct
and gross neglect of duty for unauthorized abandonment of teaching posts and absences without leave.

A. Are employees in the public sector allowed to form unions? To strike? (10 points)

B. The teachers claim that their right to peaceably assemble and petition the government for redress
of grievances has been curtailed. Are they correct? (10 points)

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 IV.
(10 Points)

What is "commercial speech"? Is it entitled to constitutional protection? What must be shown in order for
government to curtail "commercial speech"? Explain.

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