Constitutional Law 2

[Nov. 21, 2017 Assignment]

(a) Read:
Sections 2-3, Article III, 1987 Constitution
BAR Questions, Constitutional Law 2 Syllabus.
pages 166-230, The 1987 Constitution: A Commentary, by Father Joaquin G. Bernas,
S.D., 2009 ed.

(b) Assigned Cases:

Section 2
Is the right to privacy confined only to ones house or residence?
What is the reasonable expectation privacy test?
Hing vs. Choachuy, G.R. No. 179736, June 26, 2013
Does it partake of a general warrant intended to aid a mere fishing expedition?
Subido vs. CA, G.R. No. 216914, December 6, 2016
Do the search warrants lack particularity of description and in the nature of general
warrants?
Worldwide Web Corporation vs. PLDT, G.R. Nos. 161106 & 161266, Jan. 13, 2014
Does Sec. 19 of the Cybercrime Law, which empowers the DOJ to restrict or block access
to computer data, violate the right against unreasonable searches and seizures?
Disini vs. Secretary of Justice, G.R. No. 203335, Feb. 18, 2014
Was the urine drug testing of petitioner arrested of extortion an unreasonable search and
thus violative of his right to privacy?
De la Cruz vs. People, G.R. No. 200748, July 23, 2014
In order to effect a warrantless arrest, must the arresting officer be actually present at the
scene while a crime was being committed to be considered to having personal knowledge
of a crime just?
Can one who is invited to come to the police precinct be arrested?
Pestilos vs. Generoso and People, G.R. No. 182601, Nov. 10, 2014
Are human remains personal properties that can be the subject of a search and seizure
warrant?
Did the search and seizure warrant satisfy the requirements of probable cause,
particularity of description and one-specific-offense rule?
Laud vs. People, G.R. 199032. Nov. 19, 2014
Did Comerciantes improper and unpleasant movements justify his stop and frisk and
warrantless arrest?
Comerciante vs. People, G.R. No. 205926, July 22, 2015
Was there a lawful warrantless arrest made on the person of Sindac by the arresting officer
who was about five (5) to ten (10) meters away from Sindac?
Sindac vs. People, G.R. No. 220732, Sept. 6, 2016
Can abandoned articles or left behind bags on the bus be searched without warrant?
Were the warrantless search and arrest of Breis and Yumol valid and tenable?
People vs. Breis and Yumol, G.R. No. 205823, Aug. 17, 2015
Was the search and seizure of shabu incidental to a warrantless arrest for jaywalking,
valid and tenable?
Homar vs. People, G.R. No. 182534, Sept. 2, 2015
What is substantial basis for determination of probable cause by the judge and was it
obtaining in the case-at-bar?
Ogayon vs. People, G.R. No. 188794, Sep. 2, 2015
Are routine baggage inspections conducted by port authorities, although done without
search warrants, unreasonable searches?
Dela Cruz vs. People, G.R. No. 209387, Jan. 11, 2016
Was Manago' s warrantless arrest, and the search incidental thereto, including that of his
moving vehicle --- lawful and reasonable?
People vs. Manago, G.R. No. 212340, Aug. 17, 2016
 Do judges have the power to dismiss a criminal case when the evidence on record fails to
establish probable cause for the issuance of a warrant of arrest?
Fenix vs. CA, G.R. No. 189878, July 11, 2016
Whether a municipal trial court has the authority to issue a search warrant involving an
offense in which it has no jurisdiction?
People vs. Judge Castillo, G.R. No. 204419, Nov. 7, 2016
Were the warrantless searches and seizures inside Bonaobra's compound, valid?
Villamor vs. People, G.R. No. 200396, March 22, 2017

Section 3
Does Sec. 4(b)3 of the Cybercrime Law violate the constitutional right to privacy and
correspondence?
Does Sec. 12 of the Cybercrime Law, which allows the collection of real time internet
traffic data, violate the constitutional right to privacy and correspondence?
Disini vs. Secretary of Justice, G.R. No. 203335, Feb. 18, 2014
Was there an actual or threatened violation of the right to privacy in the life, liberty, or
security of the minors that will entitle them to the writ of habeas data?
Up to what extent is the right to privacy protected in Facebook and in all online social
networks (OSNs)?
Did STC violate the right to privacy of the minors?
Vivares vs. St. Theresa's College, G.R. No. 202666, September 29, 2014
Does AMLC 's inquiry into bank deposits violate the right to privacy of petitioners?
Subido vs. CA, G.R. No. 216914, December 6, 2016
Did Vicky Bello violated respondents right to privacy when she accessed the latters
Facebook account and utilized his obscene post for her libel case?
Belo vs. Atty. Guevarra, A.C. No. 11394, Dec. 1, 2016

(c) Prepare for a short quiz.