LEGAL RESEARCH

Final Exam

Deadline: November 7, 2016 (Monday)

5:00 PM1

Your legal opinions must contain the following sections: I. Factual

Background/Summary of the Facts; II. Issues/s considered in your
discussion; III. Arguments and Discussion, which would include
categorical statements of answers to the issues and exhaustive
discussion on the said answers. The paper should follow the following
format: a) minimum of three (3) pages, short bond paper; b) Times new
roman size 12, single space, one-inch margin. Write the names of the
members of the group at the bottom part of the last page. Please observe
proper citations.
FACTS
Congress passed Republic Act No. 21030 otherwise known as The
Death Penalty Re-imposition Act of 2016. The DPRA Law repealed
Republic Act No. 9346 and amended certain provisions of Republic Act
No. 7659 as well as the Revised Penal Code. The salient features of the
DPRA Law are as follows:
1. The death penalty shall be imposable against those found guilty of
committing heinous crimes as defined under Republic Act No.
7659, as well as offenders who committed a non-heinous crime
found to be positive for the use of dangerous drugs at the time of
his/her arrest;
2. All offenders charged with the commission of a crime, regardless of
nature and gravity, shall, upon arrest, whether in flagrante delicto
or by virtue of a warrant of arrest, be subjected to mandatory drug
testing;
3. The attendance of justifying and exempting circumstances shall
not be appreciated in cases where the offender was found positive
for the use of dangerous drugs at the time of his/her arrest,
regardless of the nature and gravity of the crime committed;
1 Please submit your legal opinions at the Batacan Montejo & Vicencio
Law Firm, 7th floor Abreeza Corporate Center, J.P. Laurel Ave., Bajada,
Davao City.

4. The attendance of mitigating and aggravating circumstances shall

not be appreciated where the imposable penalty is death;
5. The provisions of Republic Act No. 9344 shall not apply to Children
in Conflict with the Law found guilty of committing a heinous
crime, or a non-heinous crime where the CICL is found to be
positive for the use of dangerous drugs at the time of his/her
arrest;
6. Lethal injection shall no longer be recognized as a means of
executing the death penalty. Under the DPRA Law, the death
penalty shall be executed by firing squad, and shall be conducted
in broad daylight in a public park to be designated for such
purpose. Every Local Government Unit shall, in accordance with
the provisions of the DPRA Law, pass an ordinance designating a
public park in their locality for purposes of executing the death
penalty;
7. Upon conviction for a crime punishable by death, the convict has
no right to appeal the case. The only remedy is for the suspension
of the execution of sentence, to be determined by the Chief
Executive, whenever in his best judgment, the grounds forwarded
by the convict are meritorious;
8. All laws passed subsequent to the DPRA Law shall not be read or
interpreted to amend and/or repeal the provisions of the DPRA
Law without (1) an express provision stating the intent to amend or
repeal the DPRA Law and (2) a two-thirds (2/3) vote of Congress to
enact such law.
PROBLEM
You are working as a legal officer of a Human Rights Coalition. It is
the position of your organization that Republic Act No. 21030 is
unconstitutional. You were tasked to come up with a legal opinion to
address the following issues:
1. Does the Human Rights Coalition have locus standi to assail the
constitutionality of Republic Act No. 21030? If not, how can the

Human Rights Coalition successfully file the case without violating

the rule on locus standi?
2. What are the strongest arguments that the Human Rights
Coalition can raise to assail the constitutionality of Republic Act
No. 21030?
3. What provisions under Republic Act No. 21030 are constitutionally
permissible and could not be validly challenged?
4. What court has jurisdiction over the petition to declare the law
unconstitutional?
-NOTHING FOLLOWS-