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Balina - CONSTITUTIONAL LAW II Mid-Terms PDF
Balina - CONSTITUTIONAL LAW II Mid-Terms PDF
This is an examination thru the internet in view of the suspension of face to face classes
during the mid-term examination. The test questions will be emailed to your given
addresses, and you shall acknowledge and reply immediately upon receipt of such email.
The examination shall be completed on or before 8:45 pm, and the answers shall be sent
via email to me within fifteen (15) minutes from the said time or on or before 9:00 pm.,
all occurring today or March 26, 2020. Those who do not submit their answers or whose
emails have not been received by the undersigned by 9:00 pm, today, including late
submission shall be deemed to have not taken the examination. Upon receipt, I will
acknowledge your email containing your answers. You may open your books and notes;
however I assume that you have reviewed them before the examination as you may not
have enough time to complete your answers. While this examination will not determine
your mid-term performance, it shall provide the Institute of Law an assessment of the
performance of the class to this date. Good luck
1. On the basis of Republic Act No. 11332 (Annex “A”), the Inter-Agency Task
Force for the Management of Emerging Infectious Diseases (Task Force) declared
COVID-19 Code Red Sublevel 2, and proposed measures for the consideration of
the President. Most of these measures have been adopted by the President thru
the Memorandum of the Executive Secretary dated March 16, 2020 (see Annex
“B”).
1.1 As a student of Constitutional Law, please identify at least three (3) measures
in Annex “B” which may be constitutionally suspect and therefore may be
subject of a challenge before the Supreme Court. Please explain your grounds.
(10 pts)
No.
3
which
states
that
“A
strict
home
quarantine
shall
be
observed
in
all
households;
movement
shall
be
limited
to
accessing
basic
necessities;
provision
for
food
and
I
health
services
shall
be
regulated;
and
there
will
be
heightened
presence
of
uniformed
personnel
to
enforce
quarantine
procedures”.
This
provision
of
the
memorandum
clearly
violates
Section
1,
Article
III
of
the
Constitution
provides
that
no
person
shall
be
deprived
of
life,
liberty
and
property
without
due
process
of
law.
1.2 Congress in a special session passed a law (Republic Act No. 11469;Annex
“C”) repealing some of these measures. Please discuss the constitutionality of
the law and its concomitant effects on the measures adopted by the Executive
Department.(10 pts).
Answer: Section 4 of Republic Act No. 11469 provides the Authorized
Powers of the President that are necessary and proper to carry out the
declared national policy. The President shall have the power to adopt
temporary emergency measures to respond to crisis brought by the pandemic.
It is necessary and constitutional since the safety of general public is in
danger. Desperate times should be solve by desperate measures. The
executive branch cannot take advantage of this power since its effectivity of
the powers granted to this Act can be withdrawn sooner by means of a
concurrent resolution of the Congress or it can be ended by a Presidential
Proclamation.
1.3 The City of Manila passed an ordinance identifying certain areas (BASECO
Compound and the former Sta. Ana race track) in the City as the areas where
the COVD-19 Persons Under Investigation (PUI) shall be contained and stay
for the duration of the public health emergency. Please discuss the
constitutionality of the Ordinance. (10 pts)
1.4 Should
there
be
a
conflict
among
a
City
of
Makati
Ordinance,
the
Memorandum
of
the
Executive
Secretary,
R.A.
Mo.
11332
and
R.A.
No.
11469,
which
will
prevail?
Please
cite
at
least
one
item
of
conflict
between
any
of
these
laws?
(10
pts.)
Answer:
Should
there
be
a
conflict
among
a
City
Ordinance,
Memoradum
of
the
Executive
Secretary,
R.A
No.
1132
and
R.A
11469,
the
Republic
Act
11469
will
prevail.
1.5 During
the
period
of
the
public
health
emergency,
the
President
mandated
the
two
major
telecommunications
companies
Smart
and
Globe
to
reduce
their
charges
by
25%
so
that
the
students
and
the
workers
may
avail
themselves
of
the
internet
or
data
services
for
their
on-‐line
learning
process
and
for
the
work
at
home
process.
Please
discuss
the
constitutionality
of
this
directive.
(10
pts.)
Answer:
During
the
period
of
the
public
health
emergency,
the
President
mandated
the
two
major
telecommunications
companies
Smart
and
Globe
to
reduce
their
charges
by
25%
so
that
the
students
and
the
workers
may
avail
themselves
of
the
internet
or
data
services
for
their
on-‐line
learning
process
and
for
the
work
at
home
process
is
constitutional
because
it
is
pursuant
to
the
Republic
Act
passed
by
the
Congress
during
this
unfortunate
event.
Private
companies
who
owns
a
public
utility
should
support
the
government
in
times
of
need.
2. What
is
the
concept
of
double
taxation?
Is
it
constitutionally
impermissible?
If
not,
in
what
ways
will
its
impact
be
mitigated
(10
pts.)
Answer:
In
the
case
of
a
certain
jurisprudence,
it
states
that
there
is
double
taxation
when
the
same
tax
payer
is
taxed
twice
when
he
should
be
taxed
only
once
for
the
same
purpose
by
the
same
taxing
authority
within
the
same
jurisdiction
during
the
same
taxing
period
and
the
taxes
are
of
the
same
kind
or
character.
There
is
no
constitutional
prohibition
against
double
taxation
and
it
is
not
favored
in
the
Philippines
but
nevertheless
permissible.
Despite
the
lack
of
specific
constitutional
prohibition,
double
taxation
will
not
be
allowed
if
the
same
will
result
in
violation
of
the
equal
protection
clause.
Double
taxation
can
be
mitigated
through
a
law
that
grants
tax
exemption
such
as
exempting
minimum
wage
earners
from
income
tax,
allowing
additional
exemptions
for
individuals
with
dependents/children
and
others.
3. The
City
of
Pasig
passed
an
ordinance
mandating
the
expropriation
of
the
University
of
Life
Complex,
so
that
it
can
be
used
for
the
extension
of
the
Capitol
Commons
development
of
the
Ortigas
&
Cia
into
a
mixed
commercial
and
residential
complex.
Please
discuss
the
constitutionality
of
the
ordinance.
(10
pts.)
Answer:
The
Power
of
eminent
domain
is
the
power
of
the
state
to
take
or
appropriate
private
property
for
public
use.
The
Constitution
requires
that
private
property
shall
not
be
taken
without
due
process
of
law
and
payment
of
just
compensation.
The
Local
Government
Code
expressly
and
clearly
requires
an
ordinance
or
a
local
law
for
the
purpose
to
expropriate
a
private
property.
First,
the
necessity
of
expropriation
must
of
public
character.
The
property
should
be
available
to
use
by
the
general
public
as
a
matter
of
right
and
not
merely
of
forbearance
or
accommodation.
The
owner
of
private
property
should
be
paid
with
just
compensation
and
in
accordance
with
the
due
process
of
law.
If
the
ordinance
passed
by
the
City
of
Pasig
is
meet
all
these
requisites,
then
the
ordinance
is
valid.
4.
May
Congress
pass
a
law
providing
for
a
summary
proceeding
in
all
cases
involving
the
exercise
of
the
quasi-‐judicial
proceedings
of
the
Housing
and
Land
Use
Regulatory
Board
(HLURB),
where
the
parties
are
only
required
to
submit
affidavits
and
position
papers
prior
to
the
resolution
of
the
cases.
Please
discuss
the
constitutionality
of
the
said
law.
(10
pts.)
Answer:
No.
5. Please
discuss
the
elements
of
a
valid
classification
under
the
equal
protection
of
law
concept?
Please
discuss
at
least
three
classifications
which
may
be
constitutionally
permissible
based
on
jurisprudence?
(10
pts.)
Answer:
Valid
Classification
means
that
the
grouping
of
persons
or
things
similar
to
each
other
in
certain
particulars
and
different
from
all
others
in
the
same
particulars.
Valid
classification
rests
upon
substantial
distinctions,
it
should
apply
equally
to
all
members
of
the
same
class,
germane
to
purpose
of
law
and
it
is
not
confined
to
existing
conditions
only.
The End