Long Exam in Human Rights

I. State the following provisions of law:(15 pts)

1. Section 5, Article III of the 1987 Philippine Constitution

2. Section 3, Article III of the 1987 Philippine Constitution
3. Section 4, Article III of the 1987 Philippine Constitution
4. Section 1, Article III of the 1987 Philippine Constitution
5. Section 2 Article III of the 1987 Philippine Constitution

II. Define the Fundamental Powers of the State (10 pts)

III. Differentiate the Fundamental Powers of the State (10 pts)

IV. Explain the following Concepts (15 pts)

1. Pacta Sunct Servanda

2. Doctrine of Auto Limitation
3. Precautionary Principle
4. Obligatio Erga Omnes
5. Doctrine of Transformation

V. Enumerate the requisite of a Valid Classification under the Due Process

Clause? (5 pts)

VI. Enumerate the requisites of Administrative Due Process (10pts)

VII. Enumerate the requisites of Procedural Due Process (5 pts)

VIII. When can evidence "in plain view" be legally seized without a need of a
search warrant? (5 pts)

IX. Enumerate the requisites for the issuance of a valid Search Warrant (5
pts)

X. Petitioners are all members of the MALAYA LOLAS, a non-stock, non-profit

organization registered with the SEC, established for the purpose of
providing aid to the victims of rape by Japanese military forces in the
Philippines during the Second World War.

Petitioners claim that since 1998, they have approached the Executive
Department through the DOJ, DFA, and OSG, requesting assistance in filing
a claim against the Japanese officials and military officers who ordered
the establishment of the “comfort women” stations in the Philippines. But
officials of the Executive Department declined to assist the petitioners,
and took the position that the individual claims of the comfort women for
compensation had already been fully satisfied by Japan’s compliance with
the Peace Treaty between the Philippines and Japan. Can the MALAYA LOLAS
enjoin the Executive Department to espouse their claim against the
Japanese Government? Answer with Legal Basis (10 pts)

XI. After the 1986 People Power and upon the assumption of the then President
Corazon Aquino, was the revolutionary government bound by the Bill of
Rights under the 1973 Constitution? If not, does it mean that the people
cannot enjoy the benefits of the Bill of Rights? Answer with legal basis.
(10 pts)