IMMANUEL BIBLE COLLEGE

CONSTITUTION AND THE GOVERNMENT OF THE PHILIPPINES

MIDTERM EXAM

INSTRUCTIONS:

Please answer this essay exam briefly, logically and legibly. Examinees are
given full two (2) hours to finish this exam.

1. (Classification of Constitution) Constitution may be classified as

enacted (Conventional) or evolved (Cumulative). Give the advantages
and disadvantages of each classification.

2. (Archipelagic Doctrine) A naval ship of the Republic of China was

patrolling along the scarborough shoals when it got lost somewhere on
the high seas of Panay Island due to bad weather conditions. The
Philippine Coast Guard timely apprehended the Chinese fleet. The
Chinese Embassy immediately demanded from the Philippine
government the release of the Chinese fleet asserting that in passing
through the Panay Island, it was exercising its rights to innocent
passage under international law (UNLCOS). As such, they were not
violating the territorial integrity of the Philippines.

Is the Philippine government justified in apprehending the Chinese

fleet under the archipelagic doctrine?

3. a. Give the distinction between the term Neutral State and

Neutralized State.

b. May the Philippines declare war against another State?

4. a. Give the three (3) hierarchy of rights in the proper order.

b. Give the two (2) due process of law and explain each.

5. As a general rule, search and seizure may only be effected upon a

valid search warrant. As exceptions to the general rule, give instances
where a search may be validly effected without a search warrant.

6. (Stop and Frisk) Don-Don was walking along a dark street when a
police officer PO1 Rodel noticed that there was bulging on the waist of
 Don-Don. PO1 Rodel then approached him and asked him to raise his
two hands and his legs be spread because he will be conducting a
minor search on his body. Don-Don, however, protested that he cannot
be searched because PO1 Rodel has no search warrant to authorize
him to search his body. Nevertheless, PO1 Rodel searched Don-Don
and found inside his pocket three (3) sachets of shabu.

a. Was the search Valid?

b. Assuming that the search was illegal, can the shabu seized from
Don-Don be admissible in evidence in Court?

7. (Search and Seizure)Because of proliferation of illegal drugs along

Banawa, the President of IBC requested NBI Agent Joey to conduct a
surveillance inside the IBC campus and if necessary conduct a buy-
bust operation to arrest the suspected drug pusher Melchor who lives
inside the IBC compound.

After the surveillance, NBI Agent Joey confirmed that it was Melchor
who had been distributing illegal drugs to the students of IBC. Without
delay, NBI Agent Joey conducted a buy-bust operation along the gate
of the campus. Upon handing down the mark money, Melchor was
immediately handcuffed. NBI Agent Joey then asked Melchor if he still
has some illegal drugs kept inside his house to which Melchor
admitted. Then Melchor accompanied NBI Agent Joey inside his house
and pointed to a drawer. When Joey opened the drawer, VOILA,
several sachets of shabu were found.

Was the conduct of the search inside the house of Melchor valid?

8. Give the three (3) inherent powers of the government and explain
each.

9. (Search and Seizure) Carol was driving her motorcycle without

wearing a helmet. When she passed by at eskina Banawa, she was
flagged by few police officers who were conducting a check point.
Since she was not wearing a helmet, a Police Officer asked for her
drivers license but she failed to show it because she left it at home.

For that reason, she was brought to the Police Station because of
driving without a helmet and without a drivers license. Inside the
police station, a police woman searched the bag of Carol and found an
 unlicensed .38 Caliber pistol. Was the search valid as an incident to a
lawful arrest?

10. (Search and Seizure) Xandra was suspected to be a noted drug

dealer of Guadalupe. Because of this PO1 Rodel conducted a buy-bust
operation to apprehend Xandra. Upon receiving the mark money, PO1
Rodel arrested Xandra but she was able to run inside her house. The
team of PO1 Rodel, however, timely apprehended Xandra inside her
room. The team of PO1 Rodel, then conducted a search inside her
room but found nothing.

PO1 Rodel, however, noticed a plastic bag under the bed.

Intrigued by it, he reached for it and was surprised to find out several
small plastic sachets of shabu.

a. Explain the concept of plain view doctrine

b. Was the search of the plastic bag valid?