ONLINE QUIZ No.

2
LIBERTY OF ABODE, FREEDOM OF MOVEMENT
RIGHTS OF SUSPECTS

1. Juan Casanova contracted Hansen's disease (leprosy) with open lesions. A law requires that lepers be
isolated upon petition of the City Health Officer. The wife of Juan Casanova wrote a letter to the City Health
Officer to have her formerly philandering husband confined in some isolated leprosarium. Juan Casanova
challenged the constitutionality of the law as violating his liberty of abode. Will the suit prosper? (20%)

2. A. The military commander-in charge of the operation against rebel groups directed the inhabitants of the
island which would be the target of attack by government forces to evacuate the area and offered the residents
temporary military hamlet. Argue why the military commander can force the residents to transfer their places of
abode without a court order. (10%)

B. Argue why the military commander cannot force the residents to transfer their places of abode without a court
order. (10%)

3. Mr. Esteban Krony, a Filipino citizen, is arrested for the crime of smuggling. He posts bail for his release.
Subsequently, he jumps bail and is about to leave the country when the Department of Foreign Affairs (DFA)
cancels his passport. He sues the DFA, claiming violation of his freedom to travel, citing the provision in the Bill
of Rights of the 1987 Constitution, to wit: “Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.” Decide the case. (10%)

4. A robbery with homicide had taken place and Lito, Badong and Rollie were invited for questioning based on
the information furnished by a neighbor that he saw them come out of the victim's house at about the time of the
robbery/killing. The police confronted the three with this and other information they had gathered, and pointedly
accused them of committing the crime.

Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by this break
and desirous of securing a written confession soonest, the police called City Attorney Juan Buan to serve as the
trio's counsel and to advise them about their rights during the investigation. Badong and Rollie, weakened in
spirit by Lito's early admission, likewise admitted their participation. The trio thus signed a joint extra-judicial
confession which served as the main evidence against them at their trial. They were convicted based on their
confession.

Should the judgment of conviction be affirmed or reversed on appeal? (20%)

5. No. III. Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police station. Upon arriving at
the police station, Brown was asked to stand side-by-side with five (5) other cigarette vendors in a police line-up.
PO1 White informed them that they were looking for a certain cigarette vendor who snatched the purse of a
passer-by and the line-up was to allow the victim to point at the vendor who snatched her purse. No questions
were to be asked from the vendors.

A. Brown, afraid of a "set up" against him, demanded that he be allowed to secure his lawyer and for him to be
present during the police line-up. Is Brown entitled to counsel? (15%)

B. Would the answer in (A.) be the same if Brown was specifically invited by White because an eyewitness to the
crime identified him as the perpetrator? Explain. (15%)