Quiz

DAWEY, FILEMON JR. C.
JD-I
CONSTITUTIONAL LAW II
DMMMSU COLLEGE OF LAW
AY 2023-24 2nd SEMESTER
QUIZ, MAY 4, 2024 1PM-4PM
X-------------------X
1. SECTION 15 ARTICLE III
ANSWER: Article III Section 15 of the Bill of Rights states that, the
privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.
2. What is the Writ of Habeas Corpus?
ANSWER: Habeas corpus means “having it brought” plus “body”. To

inquire into the legality of the detention of a person. A writ or order
requiring that a prisoner be brought before a judge or into court to
decide whether he is being held lawfully.
3. How about the Writs of Amparo, Habeas Data and Kalikasan?
ANSWER: The Writ of Amparo provides a legal remedy for individuals

whose right to life, liberty, and security is violated or threatened, allowing
for the filing of a petition for the writ and granting the court the power to
issue interim reliefs and render a judgment within 10 days.
The Rule on the Writ of Habeas Data provides a remedy available to any
person whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering,
collecting, or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party
The Kalikasan is a special remedy available to a natural or juridical

person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public
official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.
4. May the Writ of Habeas Corpus be suspended? If so, what are the
instances when it may be suspended?
ANSWER: The privilege of the writ of habeas corpus shall not be

suspended except in cases of invasion, insurrection, or rebellion, when
the public safety requires it, in any of which events the same may be
suspended whenever during such period the necessity for such
suspension shall exist. The power to suspend the privileges of the writ
of habeas corpus in case of invasion, insurrection, or rebellion, or
imminent danger thereof, when the public safety requires it, has been
lodged by the Constitution (Article VII, Section 10, Paragraph 2) in the
President.
5. Robin and Mariel are legally married but separated-in-fact and the
custody of their only child who is five (5) years old is with the latter.
Availing himself of his visitorial right, Robin visited his child and
Mariel allowed him to sleep with the child at the guest room. At
about 4:00 o’clock in the morning, without the knowledge and
consent of Mariel, he left with the child. May Mariel file a Petition
for Habeas Corpus in court for Robin to produce their child? Why or
why not?
ANSWER: Yes, Mariel may file a Petition for Habeas Corpus in court for
Robin to produce their child. The Writ of Habeas Corpus is a legal
remedy used to challenge unlawful detention or custody of a person. In
this scenario, if Robin took their child without Mariel's knowledge and
consent, it could be considered an unlawful deprivation of Mariel's
custody rights. Even though Robin is the child's father, taking the child
without Mariel's consent, especially in the early morning hours and
without prior agreement, could be seen as a violation of Mariel's
custodial rights. Therefore, Mariel can petition the court for the issuance
of a Writ of Habeas Corpus to compel Robin to produce the child and
explain the circumstances surrounding the child's removal. This would
allow the court to determine the legality of Robin's actions and ensure
the child's welfare and best interests are protected.
2. SECTION 16, ARTICLE III
1. In what cases may by the Right to Speedy Disposition of cases be

invoked?
ANSWER: The Right to Speedy Disposition of cases can be invoked before
any tribunal, whether judicial or quasi-judicial. Delays beyond
reasonable periods set for preliminary investigations may be taken
against the prosecution. The invocation of the right to speedy disposition
of cases depends on whether the delay occurred within or beyond the
prescribed time periods. If within the given time periods, the defense
must prove justifiable invocation. If beyond, the prosecution must justify
the delay. The right to speedy disposition of cases must be timely raised
by filing the appropriate motion upon the lapse of statutory or procedural
periods.
2. Is it correct to say that the Right to Speedy Disposition of cases
covers from arraignment to promulgation of judgment in criminal
cases? Why or why not?
ANSWER: No, it's not entirely correct to say that the Right to Speedy
Disposition of cases covers only from arraignment to promulgation of
judgment in criminal cases. The Right to Speedy Disposition of cases
goes beyond the trial phase in criminal cases, covering the entire legal
process from pre-trial to post-trial stages. This includes pre-trial
proceedings like investigation and indictment, where delays can harm
the accused's rights. During the trial phase, from arraignment to
judgment, delays in hearings or verdicts also violate the right to a speedy
trial. Post-trial processes such as appeals and enforcement of judgments
are also subject to this right. Importantly, it's not confined to criminal
cases but extends to civil and administrative cases as well, ensuring
prompt resolution and efficient justice administration.
3. Is the Right to Speedy Disposition of Cases the same as the Right to

Speedy Trial? Explain.
ANSWER: No, the Right to Speedy Disposition of Cases is not the same
as the Right to Speedy Trial. The Right to Speedy Disposition of Cases
and the Right to Speedy Trial lies in their scope. The Right to Speedy
Disposition of Cases covers the entire legal process, including pre-trial,
trial, and post-trial stages, as well as civil and administrative ensuring
prompt resolution and efficient administration of justice. In contrast, the
Right to Speedy Trial specifically focuses on criminal prosecutions and
ensures that defendants are not subjected to undue delays in the trial
phase, from arraignment to the rendering of judgment.
1. May a suspect in a homicide case be compelled to put on a pair of

shoes which was found at the scene of the crime? Why or why not?
ANSWER: No. Compelling a suspect to put on specific clothing or shoes

could potentially violate his rights against self-incrimination and
unreasonable search and seizure, as protected by the constitution. It
could potentially lead to self-incrimination if the shoes match evidence
collected at the scene as they may inadvertently provide evidence against
himself. Any investigative actions should be conducted in accordance
with the suspect's legal rights and within the boundaries of the law.
2. May an accused in a rape case refuse to testify at the trial of his
case? Explain.
ANSWER: Yes, an accused in a rape case has the right to refuse to testify
at the trial of his case. This right is protected by the principle of the
privilege against self-incrimination. The accused is presumed innocent
until proven guilty beyond a reasonable doubt and the accused is not
required to prove his innocence. He may choose not to testify if he
believes it is not in its best interest to do so. He has the right on whether
to testify or remain silent during the trial with the guidance of his
counsel.
3. A witness for the defense in a criminal case refuses to testify

invoking his right against self-incrimination? Is he correct? Explain.
ANSWER: Yes. If the witness has a genuine belief, based on reasonable

grounds, that their testimony could expose them to criminal charges or
other legal consequences, then they may be justified in refusing to
testify. The right against self-incrimination applies to testimony that
could lead to the witness being charged with a crime or facing legal
penalties.
1. Ana requested Juana to buy for her a pair of shoes promising the
latter she will serve as her household help for a period of one (1)
month of which the latter acceded. However, upon receipt of the
pair of shoes, Ana reneged on her promise. Thus, Juana was
compelled to file a case of estafa against her for which she invoked
her right against involuntary servitude. Is she correct? Explain.
ANSWER: No. The right against involuntary servitude protects

individuals from being forced into labor against their will, particularly in
situations of coercion, compulsion, or exploitation. In this scenario,
Juana voluntarily agreed to buy a pair of shoes for Ana in exchange for
Ana's promise to serve as household help for one month. There was no
indication that Ana was forced or coerced into making this agreement.
Ana's failure to fulfill her promise constitutes a breach of contract rather
than involuntary servitude. Juana's recourse to file a case of estafa
against Ana is based on the contractual agreement between them, not on
the grounds of involuntary servitude. Juana's legal recourse would be to
pursue civil action for damages or specific performance based on the
breach of contract.
2. The members of the New People’s Army (NPA) are communists.
Pedro is not an NPA member but believes in communism. Is he liable
for subversion? Why or why not? Explain.
ANSWER: No. Subversion typically involves actions aimed at

overthrowing or destabilizing the government through unlawful means,
such as inciting rebellion or joining a seditious organization like the New
People's Army (NPA). Pedro's belief in communism alone does not make
him liable for subversion. While the NPA is a communist organization,
mere ideological sympathy or belief in communism does not
automatically equate to subversive activity. However, if Pedro actively
supports or participates in the NPA's unlawful activities, such as
providing material support or inciting rebellion, he could potentially be
liable for subversion. Therefore, Pedro's liability would depend on his
actions and involvement in subversive activities rather than solely on his
beliefs or ideology.
3. May involuntary servitude be imposed as punishment for a crime?

Why or why not?
ANSWER: No, involuntary servitude cannot be imposed as punishment

for a crime. Involuntary servitude involves forcing individuals to work
against their will, often under conditions of coercion or exploitation. It is
considered a violation of fundamental human rights and is prohibited by
law. Imposing involuntary servitude as punishment would not only
violate the rights of the individuals subjected to it but also contravene
principles of justice and human dignity. Instead, legal systems impose
punishments that are consistent with principles of proportionality,
rehabilitation and respect for human rights, ensuring that individuals
are treated with fairness under the law.

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DAWEY, FILEMON JR. C.

1. SECTION 15 ARTICLE III

2. What is the Writ of Habeas Corpus?

ANSWER: Habeas corpus means “having it brought” plus “body”. To

3. How about the Writs of Amparo, Habeas Data and Kalikasan?

ANSWER: The Writ of Amparo provides a legal remedy for individuals

The Kalikasan is a special remedy available to a natural or juridical

ANSWER: The privilege of the writ of habeas corpus shall not be

2. SECTION 16, ARTICLE III

1. In what cases may by the Right to Speedy Disposition of cases be

3. Is the Right to Speedy Disposition of Cases the same as the Right to

3. SECTION 17, ARTICLE III

1. May a suspect in a homicide case be compelled to put on a pair of

ANSWER: No. Compelling a suspect to put on specific clothing or shoes

3. A witness for the defense in a criminal case refuses to testify

ANSWER: Yes. If the witness has a genuine belief, based on reasonable

4. SECTION 18, ARTICLE III

ANSWER: No. The right against involuntary servitude protects

ANSWER: No. Subversion typically involves actions aimed at

3. May involuntary servitude be imposed as punishment for a crime?

ANSWER: No, involuntary servitude cannot be imposed as punishment

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