Final Exam

Consti 2

1. When is bail a matter of right? When is bail a matter of discretion? When should
bail be denied?

2. What are the rights of the accused?

3. What are the Miranda rights?

4. What is congenital infirmity with regard to the impairment of contracts?

5. Give 5 exceptions to the prohibition on involuntary servitude. Give 5, no credit if

not complete.

6. Requisites of double jeopardy. Explain each briefly.

7. Explain fully the jurisprudential evolution of the power of the Supreme Court to
review the suspension of the privilege of habeas corpus.

8. Mr. Arthur Zabat, inspired by the recent decision of the Supreme Court regarding
the nationality of a Philippine Senator, wanted to be declared a natural-born citizen
so he could run for Congress. He has the same case as that of the foundling-
Senator, only that he has African-American physical features, and that he did not
submit the statistical data for foundlings during the year of his birth.

A. May he be declared a natural-born citizen? (7 points)

B. Who are the citizens of the Philippines? (3 points)

9. Racel was invited to a police line-up. Afraid of being framed-up, he asked for a
counsel.

a. Is he entitled to a counsel?
b. Would your answer be the same if he was invited after a witness pointed his
finger on him?

10. Tipen committed a crime. He went to Kabayan Noli De Castro and confessed.
After a while, he had an afterthought and assailed that his interview is inadmissible
as he was without a counsel. Is his admission admissible?

11. Kelvin committed estafa. He posted bail. The condition of the bail includes
ascertaining that he is a resident of his locality and he will not leave until the trial is
over. The court took possession of his passport. He contends that this impairs his
right to abode and to travel.

a. Is the contention of Kelvin tenable?

b. Is the liberty of abode and travel absolute? What are the exceptions, if any?

12. Tipen was smoking. Racel handed him a matchbox to light his cigar. After
opening the matchbox Racel gave him, dried marijuana fell. Lady guard Mallari saw
the leaves falling and arrested Tipen. At the precinct, knowing his rights, he
remained silent. During trial, he also refused to take the stand. The court found him
guilty based largely on his silence during the custodial investigation and trial. Is the
court correct?

13. What are the differences between the rights of the accused and witnesses re:
right against self-incrimination?

14. A government agency took a private land without payment of just compensation
to the owner. Under the charter of said government agency, expropriation
complaints must be filed within 5 years. The 5-year period lapsed. The agency
contends that the right to file an expropriation case has already prescribed. You're
his lawyer. What will you do?

15. The accused was being tried for a crime. After the prosecution has rested its
case and before the defense presented contrary evidence, the judge inexplicably
dismissed the case. The prosecution filed another case for the same offense. Has
double jeopardy attached?

16. Under RA 7438, extrajudicial confessions made by a person arrested, detained

or under custodial investigation in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him may be admissible
as evidence. Isnt this contrary to the constitutional requirement that a counsel
should be present during custodial investigation?