University of the Visayas

GULLAS SCHOOL OF LAW

Human Rights Law
Examination
(July 1, 2016)
Instruction: Answer clearly, legibly, and concisely. A mere Yes or No shall
have no merit. Observe proper margin and indention.
I.
a. Recite the Article III Section 5.
b. What are the two principal parts of Section 5, Article 3?
c. What is the meaning of the non-establishment clause?
d. The barangay council, through funds obtained by solicitations and
donations from residents, purchased a statue of San Vicente Ferrer and
placed it under the care of the hermano mayor. On the occasion of the
fiesta, the statue was lent to the church. Subsequently, the parish
priest refused to return the statue. The council passed a number of
resolutions towards taking steps to recover the statue. The validity of
these resolutions was challenged on the ground, among others, of
violating the non-establishment clause and the prohibition against the
use of public money for religious purposes. Decide.
II.
a. Recite Article III section 3.
b. Mr. Job Reyes, proprietor of Manila Packing and Export Forwarders, a
private firm, opened boxes of Andre Martin for final inspection as part
of standard operating procedure before delivery to the Bureau of Posts
or Bureau of Customs. Reyes found dired marijuana leaves inside and
took samples to the NBI, who verified that the dried leaves were
marijuana leaves. An information was filed against Martin for violation
of R.A. No. 6425, or the Dangerous Drugs Act. Martin says that the
marijuana leaves are fruits of an illegal search and therefore under the
exclusionary rule of Section 3(2) of the Bill of Rights. Can an act of a
private individual, allegedly in violation of appellants constitutional
rights, be invoked against the State?
III.
a. Recite Article III Section 4.

b. What is meant by freedom from prior restraint? Is this absolute?

c. What are the standards for allowable subsequent punishment of

expression?
d. Espiritu, in a gathering of drivers and sympathizers at the corner of
Valencia St. and Magsaysay Blvd., said among others: Bukas tuloy an
welga natin hanggang sa magkagulo na. Later, at a conference at
the National Press Club he called for a nationwide strike. He was
arrested, without warrant, for inciting to sedition. Was the arrest valid?
IV.
a. Recite Article III Section 6.
b. When may the liberty to abode and changing of the same be impaired
or restricted?
c. Bato contests the condition imposed by the Court of Appeals that he
secure a certification/gauranty from the Mayor of the place of his
residence that he is a resident of the area and that he will remain to be
a resident therein until final judgment is rendered or in case he
transfers residence, it must be with prior notuce to the court. Bato
claims it violates his liberty of abode and travel. Further he claims that
the hold departure order on him is enough. Decide.