Constitutional Law Ii Exam: Instructions

Constitutional Law II Exam Instructions

1. Read through the scenarios and questions before you begin answering. 2. Remember to include all your answers the proper standards/elements provided by law and jurisprudence, and then show how the facts satisfy or do not satisfy those standards or elements. 3. Do base your answers on the Constitution and the cases assigned . 4. You have a little more than a week to answer the questions. Of course, the exam does not take that long to answer. The time provided is to give those without access to the internet the chance to gain access and to make room for sending and research difficulties. 5. This exam includes one (1) ungraded, general question; three (3) exam questions; and one (1) bonus question. 6. Format: I am not to expect that everyone has a computer, I am basing the answers on page length which may be one legal size paper – yellow lined or bond paper. I will put page minimums or limits per question. a. If using not using a computer or phone, you may write your answer in longhand and take a photograph of your work for sending. b. If using a computer, you may use the default settings on your word processing tool. 7. Deadline: 11:59 p.m. of June 14, 2020. (See Bonus deadline) 8. Send to: [email protected] Questions 1. General: This first question is only to get in the mood of answering the exam. Your answer must not exceed one page long.

Describe the living situation of your quarantine in the last two (2) months as regards buying food, getting sunlight, access to media and social media, entertainment, etc. For example: Who buys the food? How do you find out what’s happening outside? In the government? How did your barangay/mayor send updates or benefits? Did you have access to news about Covid-19? Did you have access to the news in general?

2. Social Media: Must not exceed 6 pages long

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During a pandemic, the populace is required to respect a strict quarantine, i.e., working from home, allowing only one person per household out of the house at any one time, and only for certain errands such as groceries; or banning traveling across city boundaries. Considering limited mobility, citizens took to social media to updates from friends and the government. However, it is the norm for the populace to congregate to express government grievances. Your friend Mr. A’s family and many others are not getting their promised food and cash allotments. He begins to complain about the corrupt government on social media. The more he makes statements, the more people share their experiences with him. He has done the following (among others): a. Start a group on Facebook asking those who have not received allotments to join so that they could complain together. b. Invite other people to complain to their local governments, giving the numbers and names of mayors who have not been giving allotments, and also giving as proof his knowledge of people who live in their barangays and cities who have not received their due. c. Invite ideas as to how to organize to protest and collect their allotments. d. Share pictures of apparent food packages (canned goods, etc.) and stating that they are worth only half of their stated worth. e. Share pictures of mayors and officials removing their face masks in public. f. Calling the officials “tuta” and “useless pigs” and the like. g. Compile a list of those who have shared that they have Covid-19 or suspect that they have Covid-19. h. Calling out those companies or individuals on Facebook, Shopee, Lazada, etc. suspected of profiteering. Mr. A has called you because he has received written notice from the police saying that he is being subversive and libelous, and violating cybercrime laws. They add if he continues with his social media behavior, he will go to jail. Mr. A is afraid because he has heard of others being “taken” by the police and being brought to jail.

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What can you say to Mr. A about how the law stands about what he’s done, and what he has a right to say or do as regards the internet and the police? Name at least 5 issues Mr. A’s and the police’s behavior has raised, and explain how Mr. A and/or the police are within or without their rights.

3. Government Restrictions. Must not exceed 8 pages long

Condominiums consist of a group of owners of separate living areas, but also jointly own “common areas”. These common areas may simply be the lobby or a roof deck, or in some larger ones can include swimming pools, parks, and other recreational areas. Similarly, in some enclosed villages, there are private properties as well as shared properties, like the sidewalk or the street. During a quarantine, all parks, public and private - open to the public - were to be closed. All private establishments, except those providing basic necessities would be closed. All recreational activities, such as swimming pools, even if social distancing could be enforced, would be closed. Everyone should be under strict home quarantine. 3a. One condominium allowed their residents to use their admittedly large common areas. There were pictures of children using their scooters, and early morning group exercises of people without masks, albeit standing approximately 2 meters apart (more than the 1-meter recommendation). One day, the police raided this condominium common area threatening arrest to all who were there, and to any who would repeat this offense. The condominium says that the common areas are part of the homes of the owners and are therefore private property not open to the public - different from restaurants or malls. The police say that the common areas are public property because although they are privately owned, it is shared by more than one household. Do owners of condominiums have the right to use their common area together? Would this apply to family compounds, such as a property that was once a very large house and then divided into four individual family homes but still share a common area and are enclosed? Decide. 3b. In the City of Makati, all were required to wear face masks when outdoors. Ms. A had a driveway that connected to the public road. From the driveway was an iron

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gate - from which you could see through to the garden at the side of the house. Ms. A walked out of the gate and began sweeping the driveway. Her husband Mr. A was gardening without a mask. A policeman saw her and said she had to wear a mask or else pay a fine. Ms. A said she was still within private property, like her husband. The policeman said Ms. A has to wear the mask, but the husband does not. Who is correct and why?

4. Religion. Must not exceed 6 pages long.

The religious demographic in the Philippines is approximately 86% Catholic, 6% nationalized Christian cults, 2% Protestant (Christian), 4% Muslim, 2% Indigenous beliefs. 4a. Would Philippine rulings on free exercise of religion stand up to our equal protection standards? For example, do the different religions appear to have the same protection or neutrality from government, or else from receiving certain perks, privileges, and freedoms? Do you think this applies to the practices of our indigenous peoples? 4b. Would Philippine cases on religion, for example, Aglipay or Garces, where public funding is involved, be upheld if using strictly the standards provided in the assigned US cases? 4c. Do you think it constitutional if a religion declared that it was against its religious beliefs to pay taxes to the government?

Bonus points: Must not exceed 3 pages long. The answer to this question may be submitted after the June 14 deadline, along with the other assignments.

Read the Anti-Terrorism Law (R.A. 9372), which may soon be amended. Note the provision on 1) surveillance and 2) arrest. Do you find any constitutional infirmities or vagaries in the law? (You may or may not compare with the proposed anti-terror bill). -

NOTHING FOLLOWS -

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