Joie Question
Joie Question
RULES:
Your answers should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at sound and logical conclusions.
Always support your answers with the pertinent laws, rules, and/or
jurisprudence. A mere "yes" or "no" answer without any corresponding
explanation or discussion may not be given full credit.
Right to Assembly; Permit (2007)
Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct
of all protest rallies in the Philippines.
(a) Salakay, Bayan! held a protest rally and planned to march from Quezon City
to Luneta in Manila. They received a permit from the Mayor of Quezon City, but not from
the Mayor of Manila. They were able to march in Quezon City and up to the boundary
separating it from the City of Manila. Three meters after crossing the boundary, the
Manila Police stopped them for posing a danger to public safety. Was this a valid
exercise of police power?
(b) The security police of the Southern Luzon Expressway spotted a caravan of
20 vehicles, with paper banners taped on their sides and protesting graft and corruption
in government. They were driving at 50 kilometers per hour in a 40-90 kilometers per
hour zone. Some banners had been blown off by the wind, and posed a hazard to other
motorists. They were stopped by the security police. The protesters then proceeded to
march instead, sandwiched between the caravan vehicles. They were also stopped by
the security force. May the security police validly stop the vehicles and the marchers?
Archipelagic Doctrine (2013)
No.VI. Congress passed Republic Act No. 7711 to comply with the United
Nations Convention on the Law of the Sea.
(a) If FCC hires you as lawyer, what defense or defenses would you set up in
order to resist the expropriation of the property? Explain.
(b) If the court grants the City’s prayer for expropriation, but the City delays
payment of the amount determined by the court as just compensation, can FCC recover
the property from pasig city?
(c) Suppose the expropriation succeeds, but the city decides to abandon its plan
to subdivide the property for residential purposes having found much bigger lot, can
FCC legally demand that it be allowed to repurchase the property from the city of
Pasig? Why or why not?