Constitutional Law 2 Assignment for February 1st, 2013

Thursdays

1. Constitution, Article III, Section 12 (1) (2) (3) (4); Section 14 (1) (2); Section 17. 2. Read textbook as it relates to above provisions. 3. If the case assignment indicates all groups, that means a case digest of the group will have to be submitted. If the name of the student is indicated, the particular student is required to submit a case digest but any member of the group may be called to recite. 4. In preparing the digest, it is sufficient that one will cite what was the crime the accused was charged. Then, write on the facts related to what the Supreme Court decided pertaining to the Constitutional rights of the accused. 5. Nunez vs. Sandiganbayan, 111 SCRA 433,[L-50581] (June 30, 1982) All Groups Focus on what is the meaning of Article III, Section 14 (1)? ; What are the requirements of due process in criminal cases? Meris vs. Ofilada, 293 SCRA 609 [A.M. No. RTJ-97-1390] (Aug. 5,1998) All Groups Did the Judge apply the requirement of due process in granting a search warrant? People vs. Galit, 135 SCRA 465 [L-51770] (March 20, 1985) All Groups What is the procedure to be followed in an arrest and during custodial investigation? How should questions be propounded during custodial investigations? Can the Miranda Rights be waived? If yes, how? People vs. Obrero, 332 SCRA 190 [G.R. No. 122412] (May 17, 2000) All Groups What are the kinds of involuntary confession? Why involuntary? What is the presumption accorded to a signed confession? 6. In the following cases, focus on the right against self-incrimination. What was done or not performed related to the right against self-incrimination? What is the meaning of Nemo tenetur seipsum accusare? What is covered under the right against self-incrimination? In what proceedings judicial, administrative or any inquiry can this right be invoked? At what stage can this right be asserted? When is a question incriminating? What is the nature of the right against selfincrimination? Can this right be waived? People vs. Bagasala, 39 SCRA 236 [L-26182] (May 31, 1997) All Groups

United States vs. Tan Teng, 23 Phil. 145 [No. 7081] (Sept. 7, 1912) Canal People vs. Ayson, 175 SCRA 216 [G.R. No. 85215] (July 7, 1989) Chua People vs. Olvis, 154 SCRA 513 [L-71092] (Sept. 30, 1987) Santiago Alih vs. Castro, 151 SCRA 279 [L-69401] (June 23, 1987) Mateo People vs. Codilla, 224 SCRA 104 [G.R. No. 100720-23] (June 30, 1993) Patdu People vs. Ventura, 433 SCRA 389 [G.R. No. 148145-46] Morales People vs. Nicandro, 141 SCRA 289 [No. L-59378] Reyes 7. Article III, Section 14 (a) Presumption of innocence What is the guarantee of presumption of innocence? What is the nature of this guarantee? In the following cases, focus on the subject of presumption of innocence. People vs. Betonio, 279 SCRA 532 [G.R. No. 119165] (Sept. 26, 1997) Alcantara People vs. Mejia, 275 SCRA 127 [G.R.Nos. 118940-41] (July 7, 1997) Navarro People vs. Pagaura, 267 SCRA 17 [G.R, No. 95352] (Jan. 28, 1997) Lazaro People vs. Godoy, 250 SCRA 676 [G.R. Nos. 115908-09] Agbayani People vs. Agulay, 566 SCRA 521 [G.R. 181747] (Sept. 26, 2008) Mendoza People vs. Godoy, 519 SCRA 521 [ G.R. No. 157221] (March 30, 2007) Barroga o---oOo----o