RUBIO, JASMINE

JUNE 22, 2020

Activity M2-D:
Check facts and understanding

Discuss your answers briefly and concisely basing them from the provisions of
the 1987 Constitution.

Sec. 1: Article III. No person shall be deprived of life, liberty or property without
due process of law, nor shall any person be denied the equal protection of the
laws.

1. Do the unborn have a constitutional right to life? (10 points)

 Yes, they have a right to life or a right to be born since they are already a living
being and fully dependent on their mother, so even though they are unborn they
still have the same rights as a baby that is already born.

2. Several groups of laborers challenged the policy of limiting the deployment of skilled
workers abroad by the government of the Philippines for violation of their right to
work which is translated to property for them. Are the workers correct? (10 points)

 Yes, the human fundamental rights of Overseas Filipino Workers that filipino
were granted for a full employment and equality employment opportunities for all
so the government cannot stop or decide for a person on how and where they
work unless they are doing illegal activities.

3. The police officers in a camp questioned the limitation imposed on their movements
within the camp where they shall be monitored and escorted whenever the
circumstances require that they leave the camp, and that their estimated time of
departure and arrival shall be entered in a logbook. For them, these limitations are
deprivation of their liberty. (10 points)

 They are wrong because the immediate institution governs them, and within
them institution has a lot of control in their actions and that is rightfully acquired
by consented joining of the police force. Also there is the factor of security may it
be local to the camp or national by means of information. Security must be held
in utmost prudence and liberty can be limited in such scenarios.

Sec. 2: Right against unreasonable searches and seizures.

The search resulted to the confiscation of 100 sachets of suspected “shabu” and
other paraphernalia such as dextrose tubes, pipes and tooters. “A’’ was also charged
with the possession and sale of prohibited and regulated drugs punishable by law.
“A”’s defense, on the other, hand was that, those “shabu” were not kept in his house,
in fact, he was not even present when the search was conducted and it was his wife
who was present at that time. “A” further insists that the “shabu” and other
paraphernalia were never in his possession and that he was just being frame up.

Will the search conducted valid or not taking into consideration the defense of “A”?
Decide. (10 points)

 The search would be invalid, because the defendant who was absent in the
scene and this breaches a requisite of the search.

5. Mistika was walking down General Luna Road when she noticed that a man was
walking close behind her and suddenly he grabbed her shoulder bag and run further
down. Mistika shouted immediately, asked help by calling the attention of a police
officer who was on standby. On impulse, the police officer gave chase and was able
to catch the man and immediately arrested him for the crime of snatching. The man
moved to dismiss the case filed against him because he claims that his arrest was
illegal due to the absence of a valid warrant of arrest. Is the defense of the man
valid? Decide. (10 points)

 No, this is a special case wherein the act was done in the presence of others
and no warrant is needed to be presented.

6. A” is a male foreigner-caucasian who has been in the Philippines for almost a year
now. Based on the reports of the drug enforcers of Baguio City and Benguet
Province, “A” has been under surveillance for almost three (3) months now because
he has been suspected of transporting and selling marijuana in the city of Baguio
and in the nearby towns of Benguet Province. In the morning of June 12, 2019, at
about 7 o’clock, the police detachment of Sayangan, Atok, Benguet was alerted by
police operatives of Sagada, Mt. Province that a foreigner with the description of “A”
boarded a bus bound for Baguio and is believed to have been transporting
marijuana.

On alert, the police operatives of Sayangan, Atok, Benguet, in turn alerted the
police operatives of La Trinidad Police Station about the information and in turn
 relayed the same information to the drug enforcers of Baguio City Police Station.
The drug enforcers of Baguio Police Station called the Sayangan, Atok detachment
to be on the lookout of buses originating from Sagada, Mt. Province that will stop at
Sayangan, Atok, Benguet and look for a male caucasian that fits the description of
“A” while the Baguio operatives are on their way to Atok, Benguet. At about 11
o’clock in the morning, a bus from Sagada, Mt. Province stopped at Sayangan, Atok,
Benguet and the Baguio drug enforcers together with the Police officers of Atok,
Benguet searched the bus and, indeed, saw a male foreigner-caucasian who fits the
description of “A”.

One police officer invited “A” to step down of the bus for questioning for which “A”
agreed. The police officers asked “A’s” permission to search his backpack and he
agreed. After searching, the police officers did not find any marijuana in the
backpack. The police officers initially has already noticed that “A” was carrying a
stuffed toy for which “A” claimed that it is a gift from his friend. Acting on instinct, one
police officer asked “A” if he can hold the stuffed toy and “A” agreed. When the police
officer was holding the stuffed toy, he felt that there are irregular bulges in the said
toy which prompted him to poke and open the stuffed toy. As a result, the police
officer discovered suspected marijuana wrapped in cellophane bag that was stuffed
inside the toy. Immediately, “A” was arrested and charged for illegal possession of
marijuana. “A” moved that the case be dismissed in his favor because the search
was illegal and the arrest was not valid due to the absence of a valid search warrant
and warrant of arrest. Is “A” correct? Decide. (10 points)

 It’s still valid because he consented to be searched then openly gave the objects
to the inspectors it was given freely.

Sec. 4: Article III. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.

7. In the morning of June 18, 2020, a group of dental medical students of the
University of Baguio are about to enter the RCB Dome Building of said university to
attend their classes for that day. They were however, NOT allowed to enter
because they were

all wearing a black armband in protest of the extra-judicial killings in line with the
campaign against drugs by the government.

School officials asked them to remove the armbands before they are allowed to enter
the school premises because they might influence other students to also wear black
armbands and when they refused, they were suspended. Was the School correct in
suspending the students for their refusal to remove the black armbands? Discuss
your answer. (10 points)
  If the school has a guideline to proper dress code meaning that students are
required to wear a pre-set of clothes then adding a black armband will breach
this guideline and the school would be able to justify punishing the students. But
if the school allows freedom to dress however each individual see fit, then they
should not mingle with the student’s preferences or affairs pertaining ti clothes
that may be related to movements or symbols.

8. Maria, Petra and Lucresia, all 4th year dental medical students of the University of
Baguio, helped write and edit the University paper, the “Beacon”, as staff members.
Part of the paper was to include their articles about the impact of pre-marital sex
and teenage pregnancy on students. The University’s VP for Academics refused to
publish the two stories, saying they were too sensitive for younger students and
contained too many personal details. The girls went to court claiming that their right
to freedom of expression had been violated. Are the students correct? Discuss your
answer. (10 points)

 No, a paper means that the editor has the last say for the output of the paper.
Also, they openly talked about a topic that is not for all even including private
information of others most likely unconsented.

9. A case was filed against several students who are members of the editorial board of
a student magazine entitled “Libog” in Dakila University for a poem “Sa Gilid ng
Itim” by Protacio Sagigilid in a broadsheet which spoke of a fox (lobo) yearning for
“karneng sariwa, karneng bata, karneng may kalambutan. isang bahid ng dugong
dalaga, maamot malasa, ipahid sa mga labing sakim sa romansa and ended with
hinog na para himukin bungang bibiyakin”. Another poem “may mga palangganang
nakatiwangwang mga putang biyak na sa gitna, di na puwedeng paglabhan, di na
maaaring pagbabaran”.

Sagigilid, as the editor-in-chief even stated that the poems in the magazine are “not
garapal and sa mga tulang ito namin maipagtatanggol ang katapangan (o
pagkasensasyonal) ng pamagat na Libog at iba pang Tula. He finished Foreplay with
these words: Dahil para saan pa ang libog kung hindi ilalabas?” The members of the
board of discipline upon review of the school magazine imposed disciplinary actions
against these students. The students on the other hand questioned the sanction
alleging therein that they are exercising their freedom of expression. Discuss whether
or not the students’ allegation is tenable. (10 points)

 As they were the editor’s then they have full rights to express things that would
benefit them even if doing things to spice their work, as they only hinted but not
directly stated pornographic content they cannot be punished.
Sec. 6, Article III. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

10. Several ladies were taken in custody by the police department after a raid was
conducted in several bars and drinking joints in Magsaysay Avenue following a
directive from the mayor declaring said area as red district. Upon verification and
profiling of the ladies in custody, it was found out that they were workers in those
bars and not permanent residents of Baguio City. As a consequence, the mayor
ordered for their transfer to a farm in Sablan, Benguet which is operated by a private
entity that tied up with the City of Baguio for rehabilitation purposes. The mayor
ordered their transfer so that they will become farm hands and will no longer go
back to their work as bar girls. Was the mayor justified in his directive? (10 points)

 No, because this would take away their liberty to choose for themselves and
were obligated to follow directives

11. Pedro Penduko, a known HIV awareness advocate and a carrier, was denied entry
of Baguio City in response to the directive of the Local Government of Baguio to
maintain health and safety to the city. Accordingly, the presence of Pedro Penduko
in the city will compromise the health of the public concerned. Was the directive of
the government of Baguio City constitutional? (10 points)

 It was discriminatory, for HIV can only be transferred in specific scenarios and if
the community is aware of his disease and are knowledgeable about HIV then it
will not spread negative the risk of public health.

Sec. 8, Article III. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

12. Do government employees have the right to form unions? (5 points)

 Yes as clearly stated by Section 8, Article III.

13. Do government employees have the right to strike? (5 points)

 As long as the nation could function properly while they are on strike then they
could strike as much as they want.
14. Juan Tamad was fined and the Workers’ Welfare Union of the company where he is
working for not being a member of the said union. He contested the fine imposed
stating that it is his right not to join the union but the union on the other hand claims
that it is his duty to join the union in compliance with Sec. 8, Article III of the 1987
Constitution. Whose argument is correct? Decide (10 points)

 Juan Tamad is right unions are not obligatory meaning he has the right to
choose whether to join or not.