Thursday, February 16, 2012

quizzer

1.Cite at least five examples of warrantless searches.

2. On June 30, 1988, respondent Benjamin A. Taylor (Benjamin), a British subject, married Joselyn C. Taylor (Joselyn), a 17-year old Filipina. On June 9, 1989, while their marriage was subsisting, Joselyn bought from Diosa M. Martin a 1,294 square-meter lot (Boracay property) situated at Manoc-Manoc, Boracay Island, Malay, Aklan, for and in consideration of P129,000.00. The sale was allegedly financed by Benjamin. Joselyn and Benjamin, also using the latter’s funds, constructed improvements thereon and eventually converted the property to a vacation and tourist resort known as the Admiral Ben Bow Inn. All required permits and licenses for the operation of the resort were obtained in the name of Ginna Celestino, Joselyn’s sister.

However, Benjamin and Joselyn had a falling out, and Joselyn ran away with Kim Philippsen. On June 8, 1992, Joselyn executed a Special Power of Attorney (SPA) in favor of Benjamin, authorizing the latter to maintain, sell, lease, and sub-lease and otherwise enter into contract with third parties with respect to their Boracay property.

On July 20, 1992, Joselyn as lessor and petitioner Philip Matthews as lessee, entered into an Agreement of Lease (Agreement) involving the Boracay property for a period of 25 years, with an annual rental of P12,000.00. The agreement was signed by the parties and executed before a Notary Public. Petitioner thereafter took possession of the property and renamed the resort as Music Garden Resort.

Claiming that the Agreement was null and void since it was entered into by Joselyn without his (Benjamin’s) consent, Benjamin instituted an action for Declaration of Nullity of Agreement of Lease with Damages against Joselyn and the petitioner. Benjamin claimed that his funds were used in the acquisition and improvement of the Boracay property, and coupled with the fact that he was Joselyn’s husband, any transaction involving said property required his consent.

On March 14, 1994, the RTC rendered a judmentdeclaring the Agreement null and void.

QUESTION: Is the ruling of the RTC correct? How did the Supreme Court resolve the issue? Explain.

3.What is an ex post facto law? Give an example.

4. On the right to be presumed innocent:

a.For purposes of disqualification in an election, Section 4 of BP 52 says:” the filing of charges for the commission of such crimes before a civil court or military court after preliminary investigation shall be prima facie evidence of such fact (disqualification). Is this valid?

b.Section 40 of the Local Government Code disqualifies from running for office a “ fugitive from justice in criminal or non-political cases here or abroad”. If applied to one who has not yet been convicted of any offense but was merely fleeing from trial, would there be a violation of the presumption of innocence?

c.Does preventive suspension pendente lite violate the right to be presumed innocent?

d.Art. 217 of the Revised Penal Code says that failure of an accountable officer to produce money in his charge upon demand shall be prima facie evidence of malversation. Does such law violate the presumption of innocense of the accused?

e.Art. 315 of the RPC prescribes a period of 5 days from notice within which the issuer of the check must pay the creditor, otherwise, a prima facie inference of deceit constituting false pretence of fraudulent act shall arise. Does this offend against the constitutional presumption of innocence?

5. Are there any forms of speech, which are not protected by the Constitution?

6. Petitioner seeks access to the voting slips accomplished by the individual members of the Censorship Board.It is on basis of the voting slips that films are banned, cut or classified accordingly. Chairman Morato, however, claims that the voting slips partake of the “nature of conscience votes “ and as such, are purely and completely private and personal. It is the submission of the respondent that the individual voting slip is the exclusive property of the member concerned and anybody who wants access thereto must first secure his (member’s) consent.Decide.

7. State the three instances when aliens may be allowed to acquire private lands in the Philippines.

8. Accused was made to undergo a paraffin test of his hands to determine whether he had recently fired a gun. Accused claims violation of his constitutional right, as it was not conducted in the presence of his lawyer. Decide.

9. What is the meaning and scope of the ‘Regalian Doctrine”?Explain.

10.How is “PATRIMONY” defined in the case of the Manila Prince Hotel Case? Explain.

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