Constitutional Law 2

[Nov. 22, 2019 Assignment: 7:00 to 9:30 p.m.]

Special Announcement: No class on Monday (November 18, 2019) but the class on Friday
(November 22, 2019) will be extended for thirty minutes.

(a) Read: Sections 2 & 3, Article III of the Bill of Rights; pages 166-230, The 1987
Constitution: A Commentary, by Father Joaquin G. Bernas, S.D., 2009 ed.
(b) Digest the following cases [digests due on November 22, 2019]:
Section 2
 Was the search and seizure of shabu” incidental to a warrantless arrest for jaywalking,
valid and tenable?
Homar vs. People, G.R. No. 182534, Sept. 2, 2015
 What is “bona vacantia”? Can abandoned articles or “left behind” bags on the bus be
searched without warrant?
 Were the warrantless search and arrest of Breis and Yumol valid and tenable?
People vs. Breis and Yumol, G.R. No. 205823, Aug. 17, 2015
 Are routine baggage inspections conducted by port authorities, although done without
search warrants, unreasonable searches?
Dela Cruz vs. People, G.R. No. 209387, Jan. 11, 2016
 Was Manago' s warrantless arrest, and the search incidental thereto, including that of his
moving vehicle --- lawful and reasonable?
People vs. Manago, G.R. No. 212340, Aug. 17, 2016
 Were the warrantless searches and seizures inside Bonaobra's compound, valid?
Villamor vs. People, G.R. No. 200396, March 22, 2017
 Did the Columbia police officers have probable cause to arrest the party goers?
District of Columbia vs. Wesby, SCOTUS No. 15–1485. January 22, 2018
 Does warrantless inspection of petitioner's bag by Task Force Davao at a military
checkpoint constitute a reasonable search?
 Prior to entry and while on transit, can baggages inside private and public vehicles be
searched without warrant?
Saluday vs. People, G.R. No. 215305, April 3, 2018
 Is Search Warrant No. 01-118 valid and constitutional?
People vs. Pastrana, G .R. No. 196045, Feb. 21, 2018
 Was there a valid “stop and frisk” search on the accused or a search of a moving vehicle?
People vs. Comprado, G.R. No. 213225, Apr. 4, 2018
 Was the marijuana validly seized under the “plain view” doctrine?
People vs. Acosta, G.R. No. 238865, January 28, 2019
 Was the search and seizure of the firearms incidental to a warrantless “buy-bust” arrest?
Trinidad vs. People, G.R. No. 239957, February 18, 2019

Section 3
 Up to what extent is the right to privacy protected in Facebook and in all online social
networks (OSNs)?
Vivares vs. St. Theresa's College, G.R. No. 202666, September 29, 2014
 Does AMLC 's inquiry into bank deposits violate the right to privacy of petitioners?
Subido vs. CA, G.R. No. 216914, December 6, 2016
 Did Vicky Bello violated respondent’s right to privacy when she accessed the latter’s
Facebook account and utilized his obscene post for her libel case?
Belo vs. Atty. Guevarra, A.C. No. 11394, Dec. 1, 2016

(c) Prepare for a short quiz.