Constitutional Law 2 Assignment

March 7th, 2013

1. Finish recitation of assigned cases relating to Freedom of Religion. 2. No more case digests to be submitted. 3. Read any textbook on the constitutional provisions assigned. 4. Liberty of Abode and travel Constitution, Article III, Section 6 Universal Declaration of Human Rights, Article 13 Covenant on Civil and Political Rights, Article 12 What is the scope of this freedom? What is its limitation, if any? Review Villaviciencio vs. Lucban, supra. Review Rubi vs. Provincial Board of Mindoro; Was the right to abode of the Mangyans violated by the Provincial Board Ordinance? What was the justification of the Supreme Court? If the case would be decided now, do you think the Supreme Court will rule the same? Review JMM Promotions vs. Court of Appeals, 260 SCRA 319. Who were banned? What was the ban? What freedom was allegedly violated by the act? Review Marcos vs. Manglapus, 178 SCRA 760. Petitioners assailed the governments action of prohibiting them from returning to the Philippines. How did the SC rule? . 5. Constitution, Article III, Section 10 (Non-impairment of Contracts) Freedom to Contract not absolute Conference of Marine Mining vs. POEA, 243 SCRA 666 (1995) Group 1 Contracts subject to Police Power Bogo-Medellin Sugarcane Planters vs.NLRC, 296 SCRA 108 (1998) Group 2 Phil. Veterans Bank Employees Union vs, PVB, 189 SCRA 14 (1990) Group 3 Contracts must yield to Statute Abella vs. NLRC, 152 SCRA 140 (1987) 6. Right to information. Constitution Article III, Section 7 What is the scope of this right? What are its exceptions, if any? Civil Code, Article 2 as amended by E.O. 200, Section 1 Access to information of public concern 7. Right to form associations, Constitution Article III, Section 8 What is the scope of this right? Right to form unions, associations, societies NOT contrary to law.

Constitution, Article IX, B, sec. 2(5) Is a closed shop provision in a CBA violative of the right to oprganize? NO. Liberty Flour Mills Employees Association vs. Liberty Flour Mills (180 SCRA 668) See Cruz, 245 Right of government employees to self-organize Constitution, Article XIII, Sec 3 (2) 8. Privacy of communication and correspondence; Constitution Article III, Sec. 3(1) Exclusionary rule Section 3(2 9. Habeas Corpus, Constitution Article III, Sec. 15 Rules of Court, Rule 102, Sections 1-3 What is the privilege of the writ of habeas corpus? When is this available? Writ of Amparo Writ of Habeas Data In case we will not finish our class on March 7, 2013, the following will be the assignment for March 14, 2013.
A. Constitution, Article IV Commonwealth Act No. 63 RA No. 9225 Citizenship Retention and Reacquisition Act of 2003 Constitution, Article XII, Sec. 8 Constitution Preamble; Article II, Sections 1 & 4; Article III, Section 7 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Who is a citizen? Who are citizens of the Philippines? What are the modes for acquiring Philippine citizenship? What is jus sanguines? What is jus soli? Who is a natural-born citizen? Why is it important to distinguish a natural-born citizen from other citizens who may have acquired citizenship by other modes? Who is a naturalized citizen? What are the modes of naturalization? Is their a residency requirement for aliens applying for citizenship? Who are disqualified from applying for naturalization? Can citizenship be lost? How? Can citizenship be reacquired? How? What is the effect of mixed marriages? On the children of mixed marriages? What is dual citizenship? Can a Filipino have three (3) citizenships? What are the rights and privileges of a dual citizen? Does this mean dual allegiance?

In the following cases, focus on the issue of citizenship only. 15. Mercado vs.Manzano, 307 SCRA 630 16. Yu vs. Defensor-Santiago, Jan. 24, 1989 17. People vs. Avengoza, 119 SCRA 1 (1982)

18. Jao vs. Republic, 121 SCRA 358 (1983)