Tiffany Nicole F. Navarro.

BSHM 2

Saint Louis University

SCHOOL OF ACCOUNTANCY MANAGEMENT AND COMPUTING STUDIES
Baguio City

1. What are the elements of a law to be considered as a law? Briefly discuss

these elements. (5 points)

Rule of conduct – It refers to a person's activity being regulated, as well as the

do's and don'ts.
Just and obligatory – laws or rules should be fair or up to everyone.
Promulgated by legitimate authority - Every two years, the Philippine Congress,
which consists of the House of Representatives and the Senate, meets to confirm
new legislation passed by the people.
Common observance and benefit - The laws that have been passed have an
impact on everyone. For instance, in the Philippines, the scope of the law. If a
foreigner enters the country and breaks our rules, he or she will be punished.
Rodrigo Duterte, the Philippines' president, claims that ignorance of the law
excuses no one.

2. Is a law prohibiting Chinese citizens from engaging in retail trade here in the
Philippines constitutional? Explain your Answer. (5 points)

Yes, every individual who is not a Filipino citizen, as well as any association,
partnership, or corporation that is not completely controlled by Filipino people, is
obliged to register with local authorities under Republic Act No. 1180, an act to
regulate the retail business, section 2. They must register with the municipal or city
treasurer within ninety days following the act's approval, and within the first
fifteen days of January each year after that.

3. The security guards in SM Baguio checks upon bags of entering people. One
time, they flagged Johnny because upon visual routine check, they found
sachets of marijuana in his backpack.

The security team immediately reported this incident to Baguio Police who
arrested Johnny right there.
Johnny questions the search that led to his arrest. He claims violation of his
right against unreasonable search and seizure. Do you agree? Explain. (5
points)

Yes, Johnny can be arrested on the spot if he is found in possession of a

controlled substance, such as cocaine or heroin, because of a law called R.A.
9165 that can be used to support the law on arrests for illegal drug possession.
4. The police had suspicions that Juan Samson, member of the subversive New
Proletarian Army, was using the mail for propaganda purposes in gaining new
adherents to its cause. The Chief of Police of Bantolan, Lanao del Sur ordered
the Postmaster of the town to intercept and open all mail addressed to and
coming from Juan Samson in the interest o the national security. Was the
order of the Chief of Police valid? Explain your answer. (5 points)

Intercepting mail may violate common law. Under R.A. 10173, your personal
rights are treated almost literally in the same way as your own personal property.
Thus, it should never be collected, processed and stored by any organization
without your explicit consent, unless otherwise provided by law. Information
controllers usually solicit your consent through a consent form. Aside from
protecting you against unfair means of personal data collection, this right also
requires personal information controllers to notify you if your privacy has been
compromised, in a timely manner. As a data subject, you have the right to be
informed that your personal data will be, is being, or was, collected and
processed. The Right to be informed is a most basic right as it empowers you as a
subject to consider other actions to protect your privacy and assert your other
privacy rights.

5. Mayor Isko Moreno ordered the apprehension of 170 women-prostitutes. He

does not want them prosecuted and imprisoned because he is
compassionate. Instead, he directed Manila Police Department to gather the
said 170 prostitutes and deport them all to Davao City.

Did Mayor Isko Moreno violate any constitutional right of the prostitutes?
Explain your answer. (5 points)

Yes, according to Article 3 Section 6, he violated the rights of 170 women under
the freedom of abode guarantee. The freedom of abode and the right to
change it within the limitations provided by law shall not be infringed upon unless
by a legitimate order of the court. The right to travel may only be restricted in the
interests of national security, public safety, or public health, as permitted by law.
And the court will decide where the 170 women will be deported or banished to.

6. Atty. Gwapo wanted to go to Boracay to spend quality time with his model
beauty queen girlfriend in August 2021 while the Covid 19 pandemic is at its
height here in the Philippines. The Inter Agency Task Force (IATF) prohibits
travels for pleasure and advised everybody to stay in their homes. Atty.
Gwapo, looking forward to be with his girlfriend, questioned the actions of the
IATF as it violates his freedom to travel anywhere in the Philippines.

Is the action of IATF violative of the freedom of Atty. Gwapo to travel

anywhere in the Philippines? Decide with reasons. (5 points)

No, In the midst of a pandemic, the INTER-AGENCY TASK FORCE (IATF) imposed a
nationwide travel ban for the sake of public safety. His freedom was not infringed
upon by the IATF. We have a law that was submitted by the IATF and signed by
our President.