ST.

MARYS COLLEGE OF TAGUM

COLLEGE OF LAW
FINAL EXAM

HUMAN RIGHTS

A. What is Human Rights? (3 points)

B. State 5 powers of the Commission on Human Rights provided by the constitution. (5
points)
C. Aside from the rights afforded in Article 3 of the 1987 Philippine Constitution, give one
constitutional provision which rights of an individual may arise. (2 points)
D. Give 5 rights of the accused in criminal cases. (5 points)

II

Due to numerous complaints, Barangay Captain Susan informed the police commander of
Station 5 about the illegal activities happening in one house. Acting on the complaint, SPO4 Cardo
together with SPO4 Dalisay formed a team to validate the information. Upon reaching the place
SPO4 Cardo peeped on a small hole and there he saw Tomas together with his son packing shabu.
Immediately thereafter SPO4 Cardo bang the door and introduced himself. SPO4 Cardos team
where able to seize huge amount of contraband and when asked, Tomas admitted of the fact to
SPO4 Cardo. Indicted for violation of RA 9165, after trials were made both of the accused were
convicted of the offense charged. Based on the facts given, is the judge correct in convicting Tomas
and his son? (5 points)

III

Children who are members of a religious sect have been expelled from their respective
public schools for refusing, on account of their religious beliefs, to take part in the flag ceremony
which includes playing by a band or singing the national anthem, saluting the Philippine flag and
reciting the patriotic pledge. The students and their parents assail the expulsion on the ground that
the school authorities have acted in violation of their right to free public education, freedom of
speech, and religious freedom and worship. Decide the case (5 points)

IV

Dora was charged of Estafa for embezzling an amount amounting to 10 million pesos.
During the trial of the case, accused was provisionally set free through a bail amounting to three
hundred thousand pesos. After the termination of the trial, the trial court found Dora guilty of the
offense charged, thus, sentencing her of 2 years 4 months and 1 day to 4 years. Felt aggrieved
Dora appealed the case and asked the court if she could have been given a provisional liberty using
the same bail she has in the trial court. The Court of Appeals favoured her and set her bail for 10
million pesos which is the same amount of the amount allegedly embezzled. Dora went to you and
asked you if the decision of the Court of Appeals is correct. Decide. (5 points)
V

Sakuragi a losing presidential candidate in the last concluded election planned of running
again in the next election. Wanted not cast fears on his supporters went to COMELEC and asked
that the exit polls conducted by ABSGMA every election be stopped. COMELEC agreed with
Sakuragi and issued an administrative order directing all mass media to prohibit them from
conducting exit polls citing trending as the main reason and might jeopardize the result of every
election. Aggrieved, ABSGMA went to the Supreme Court to question the administrative order
issued by the COMELEC. Decide the matter with reasons. (5 points)

VI

T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance policies stated
that the insurer shall answer for all damages due to perils of the sea. One of the insured's ship, the
MV Dona Priscilla, ran aground in the Panama Canal when its engine pipes leaked and the oil
seeped into the cargo compartment. The leakage was caused by the extensive mileage that the
ship had accumulated. May the insurer be made to answer for the damage to the cargo and the
ship? (5 points)

VII

A insured his building for all types of perils. In the question, Does the building contains
cracked? not knowing and relying to the engineers report, A answered no. After one week of the
effectivity of the contract of insurance A discovered a big crack and failed to communicate it with
the insurer. Few months passed, the building was heavily damaged by the recent earthquake and
upon investigation the insurer discovered that the building contains some cracked even before the
effectivity of the contract and that A knew of such fact. For this reason, the insurer denied the
claim of A.
a. When is the test of concealment of material fact determined? (5 points)
b. Is A bound to communicate his discoveries to the insurer? (5 points)