Coverage for Mid-Term Examinations on Thursday, 19 January 2012 1. 2. 3. 4. 5. Inherent Powers of Government (Cruz, pp.

37-39) Police Power, Taxation, Eminent Domain (Cruz, pp. 40-96) Due Process of Law/Equal Protection of the Laws (Cruz, pp. 97-138) Constitution, Article III, Section 2 (Cruz, pp. 139-167) MEMORIZE CONSTITUTION, ARTICLE III, SECTION 1. Spelling and grammar. Any student who cannot correctly give the exact provision will receive a grade of 5 in Constitutional Law 2. 6. All assigned cases and lectures/class discussions CONSTUTIONAL LAW 2 Thursdays Class Room 333 January 5, 2011: Recitation on Taxation, Eminent Domain (In Cruz, Constitutional Law); Due process of Law and Equal Protection of the Laws (cases) January 12, 2011: Recitation on Constitution, Article III, Section 2 and assigned cases Group I : Santiago, Inting, Mercado ( Jeffrrey), Reyes, Ramos, Hipolito, Galicia, & Hadap Group II: Fontanilla, Arevalo, Mercado ( Augie), Montemayor, Macatuno, Galimba, Gita, & Ernie In the assigned cases for January 5th, 2012 and Article III, Section 2, the class is divided into two groups and each group will be responsible for preparation and recitation of assigned cases alternately. For example, Group I, Simon vs. CHR, then Kwong Sing vs. City of Manila, Coca- Cola Bottlers vs. Gomez then Bache vs Ruiz, then Tabujara vs. People, etc. Group II, Sangalang vs. IAC, then Montesclaros vs. GSIS, Webb vs. De Leon, Cupcupin vs. People, People vs. Grey, etc. Students are encouraged to also try to read the cases assigned to the other group. The student should understand the import of the assigned case as it relates to search and seizure. Each group is responsible for 14 cases assigned. Classes on Jan. 5th and 12th will promptly start at 5:30pm and may end at 9:00pm to finish the subject matter. Assignment for January 5, 2012 1. Read Cruz, pp. 139 to 167 2. Classification of Rights; Civil rights; Political Rights Simon vs CHR, 229 SCRA 117 3. Substantive Due Process; Reasonableness Sangalang vs. IAC, 176 SCRA 719 4. Substantive Due Process; Means employed are reasonably necessary for the Purpose

Kwong Sing vs. City of Manila, 41 Phil. 103 Montesclaros vs. GSIS, supra. 7. Substantive Due Process; Test of the Police Power; Lawful Subject; Lawful Means US vs. Toribio, 15 Phil. 86 8. Procedural Due Process; Judicial Due Process Banco Espanol vs. Palanca, 37 Phil 921 Procedural Due Process; Opportunity to be heard Oil and Natural Gas Commission vs. CA, 293 SCRA 26 9. Procedural Due Process/ Impartial and Competent Court Ynot vs. IAC, 148 SCRA 659 10. Publication Requirement as part of Due Process Civil Code, Article 2; Executive Order 200 Tanada vs. Tuvera, 146 SCRA 446 11. Procedural Due Process; Criminal Cases Meris vs. Ofilada, 293 SCRA 606 (1998) 12. Procedural Due Process; Administrative Cases ` Ang Tibay vs. CIR, 69 Phil.635 Fabella vs CA, 282 SCRA 259 (1997) 13. Equal Protection of the Laws; Sunstantial Distinctions; Classification People vs. Cayat, 68 Phil. 12 (1939) Ormoc Sugar Central vs. Treasurer of Ormoc, 22 SCRA 603 See also DECS vs. San Diego, supra. See also Bautista vs.Junio, supra Dumlao vs. Comelec, 95 SCRA 392 (1980) Nunez vs. Sandiganbayan, 111 SCRA 433 14. Equal Protection; Allowance for Variable Factors Tablarin vs. Gutierrez, 152 SCRA 730 See City of Manila vs. Laguio, supra. (prostitution not limited to women) 15. Equal Protection Sison vs. Ancheta, 130 SCRA 654 Javellana vs. DILG, 212 SCRA 475 JMM Promotions vs. CA, 260 SCRA 319 16. Equal Protection; Differently Situated Parties Phil. Judges Association vs. Prado, 227 SCRA 703 Tatad vs. Secretary of Energy, 281 SCRA 330 (1997) 16. Equal Protection; All or Nothing Rule Taxicab Operators of Metro Manila vs., Board of Trnsportation, 117 SCRA 597 17. Equal Protection; Unequal Enforcement of the Law is a denial of Due Process Vera vs. Cuevas, 90 SCRA 379 (1979) Constitution, Article III, Section 2; Search and Seizure Cruz, pp. 140 to 168 1. Probable cause; Definition Coca-Cola Bottlers vs. Gomez, 571 SCRA 180 (2008)

Webb vs. De Leon, 247 SCRA 652 (1995) 2. Probable cause; Search & seizure; Procedure for issuance of warrant; Particularity of description; Right of artificial persons in search & seizure Bache & Co. vs. Ruiz, 37 SCRA 823 (1971) 3. Probable cause in search and seizure; ; Oath required (also ex post facto law) Cupcupin vs. People, 392 SCRA 203 (2001) 4. Probable cause in issuance of warrants of arrest; Requirement of personal Examination Tabujara vs. People, 570 SCRA 229 (2008) 5. Probable cause; Preliminary inquiry for issuance of warrants of arrest and Preliminary investigation proper to determine offenders culpability to stand Trial; Meaning of personal examination of judge to determine probable cause People vs. Grey, 625 SCRA 523 (2010) Borlongan, Jr. vs. Perez, 620 SCRA 107 (2010) See Rule 112, Rules of Criminal Procedure 6. Probable Cause in warrantless arrest; When valid People vs. Evaristo, 216 SCRA 431 People vs. Alolod, 266 SCRA 154 People vs.Lacerna, 278 SCRA 561 (1997) In flagrante delicto People vs. Yap, 229 SCRA 287 Buy-bust; Hot pursuit operation People vs. De Lara, 236 SCRA 291 (1994) Stop and frisk Manalili vs. CA, 280 SCRA 400 (1997) Posadas vs CA, 188 SCRA (1990) Waiver and extent of waiver in warrantless arrest; People vs. Martinez, 637 SCRA 791 (2010) 7. Valid warrantless arrest; Search as an incident to a lawful arrest People vs. Canton, 394 SCRA 478 (2002) 8. Probable cause in warrantless arrest and warrantless search; Exception to general rule on requirement of warrant of arrest; search of moving vehicle People vs., Libnao, 395 SCRA 407 (2003) 9. Valid warrantless search Papa vs. Mago, 22 SCRA 855 Probable cause in a warrantless search People vs. Gonzales, 365 SCRA 17 (2000) Plain view doctrine for valid warrantless search and seizure; (Also exclusionary

rule People vs. Sarap, 399 SCRA 503 (2003) 10. Invalid warrantless search even with search warrant (insufficiency of description People vs. Dischoso, 223 SCRA 17\4 11. Invalid arrest People vs. Bolasa, 321 SCRA 459 12. Unlawful arrest; Arresting officer had no personal knowledge of crime People vs. Go, 206 SCRA 138 People vs.Olaes, 188 SCRA 91 13. Objection to validity of arrest People vs. Salvatierra, 276 SCRA 55 14. Effect of invalid arrest and search and seizure; Excl;usionary rule; Fruit of the poisonous tree People vs. Solayao, 262 SCRA People vs Bariquit, 341SCRA 600 Esquillo vs. People, 629 SCRA 370 (2010) o----oOo----o