Constitutional Law Review

(Assignment for July 2 & 4, 2018)

(a) Read: Sections 12 to 22, Art. III, 1987 Constitution (pp. 466-650, Bernas, 2009 ed.)
(b) Read the BAR Questions on the Syllabus
(c) Selected cases (all due on July 4, 2018)

for July 2, 2018

Section 12
 Are extra-judicial confessions executed during preliminary investigation covered by rules
on custodial investigation?
People vs. Omilig, G.R. No. 206296, Aug. 12, 2015
 Is the police lineup part of custodial investigation whereat the right to counsel available?
People vs. Pepino, G.R. No. 174471, Jan. 12, 2016
 Was the extra-judicial confession given by accused-appellant inside his cell during the
interview conducted by a field reporter admissible in evidence, if it was given without
counsel and while surrounded by police officers?
People vs. Quitola, G.R. No. 200537, July 13, 2016
 Is Fenandez’ extrajudicial confession admissible in evidence?
People vs. Fernandez, G.R. No. 218130, Feb. 14, 2018

Section 13
 In granting Enrile bail, did the Court accord him preferential treatment that is not
ordinarily enjoyed by persons similarly situated?
Enrile vs. People, G.R. No. 213847, July 12, 2016 [MR]
 Did CA commit serious reversible error when it nullified the bail granted to the
petitioners by the RTC?
People vs. Sobrepeña, G.R. No. 204063, Dec. 5, 2016
 In the bail hearings, must the prosecution present evidence of evident proof of guilt or a
great presumption of guilt or proof of guilt beyond reasonable doubt?
Napoles vs. Sandiganbayan, G.R. No. 224162, Nov. 7, 2017

Section 14
 Did the issuance of the writ of amparo impair SP02 Pascua's right to the presumption of
innocence?
Republic vs. Cayanan, G.R. No. 181796, Nov. 7, 2017
 Where the information alleged conspiracy but did not specify who was the main plunderer
or mastermind, was the Sandiganbayan correct in declaring GMA as the mastermind?
Arroyo vs. People, G.R. No. 220598, July 19, 2016
 For having been convicted under R.A. No. 7610 and not under the RPC, was Quimvel
denied of his constitutional right to be informed of the nature and the cause of accusation
against him?
Quimvel vs. People, G.R. No. 214497, Apr. 18, 2017
  For having been convicted of the crime of falsification of a private document under par. 2
of Art. 172 of RPC, was Alid denied of his constitutional right to be informed of the nature
and the cause of accusation against him?
Alid vs. People G.R. No. 198598, Aug. 2, 2017
 Was the promulgation in absentia of the judgment of conviction Gonzales, valid?
Javier vs. Gonzales, G. R. No. 193150, Jan. 23, 2017
 Should the testimony of Mendiola be stricken off the records for failing to afford the
accused of his right to confrontation?
People vs. Dominguez, G.R. No. 229420, Feb. 19, 2018
 Does a guilty plea bar a criminal defendant from later appealing his conviction on the
ground that the statute of conviction violates the Constitution?
Class vs. US, SCOTUS No. No. 16–424, Feb. 21, 2018

Section 15
 Whether or not the CA erred in granting the petition for the issuance of a writ of amparo?
Mamba vs. Bueno, G.R. No. 191416, Feb. 7, 2017
 Is Parker entitled to the writ of amparo?
Callo vs. Morente, G.R. No. 230324, Sept. 19, 2017
 Did substantial evidence exist to warrant the issuance of the writ of amparo?
Republic vs. Cayanan, G.R. No. 181796, Nov. 7, 2017
 Whether or not a writ of habeas corpus is SSgt. Osorio's proper remedy?
Osorio vs. Navera, G.R. No. 223272, Feb. 26, 2018
Section 16
 Was the right of Torres to speedy disposition of his case violated?
Torres vs. Sandiganbayan, G.R. Nos. 221562-69. Oct. 5, 2016
 Is it mandatory for the accused to follow up his case before his right to its speedy
disposition can be recognized?
Remulla vs. Sandiganbayan, G.R. No. 218040, April 17, 2017
 Were the petitioners' constitutional right to the speedy disposition of cases violated due to
the inordinate delay by COA in issuing the Notice of Disallowance?
DBP vs. COA, G.R. No. 216538, April 18, 2017

for July 4, 2018

Section 17
 Can the urine drug test of the petitioner arrested of extortion be used against him without
violating his right against self-incrimination?
De la Cruz vs. People, G.R. No. 200748, July 23, 2014
 Was Judge Yu deprived of her constitutional right against self-incrimination?
OCA vs. Judge Yu, A.M. No. MT J-12-1813, March 14, 2017
 Section 19
 Does the penalty of perpetual disqualification to hold public office imposed on a
candidate for public office who repeatedly fails to submit his SOCE amount to the cruel,
degrading and inhuman punishment proscribed by the Bill of Rights?
Maturan vs. Comelec, G.R. No. 227155, March 28, 2017

Section 20
 Was the penalty imposed of imprisonment of one (1) year of prision correccional for each
count of violation of B.P. Blg. 22, proper?
Ang Higa vs. People, G.R. No. 185473, Aug. 17, 2016

Section 21
 Will the reinvestigation place the accused in danger of double jeopardy?
People vs. Jugueta, G.R. No. 202124, Apr. 5, 2016
 What are the three related protections that the constitutional prohibition against double
jeopardy provides to the accused?
 Will the consideration and granting of the motion for reconsideration of the State amount
to a violation of the constitutional prohibition against double jeopardy?
Arroyo vs. People, G.R. No. 220598, Apr. 18, 2017
 Will an appeal on the withdrawal of an information for lack of probable cause violate the
right of the accused against being placed in double jeopardy?
PCDS Inc. vs. Carandang, G.R. No. 206958, Nov. 8, 2017
 Does grave abuse of discretion prevent double jeopardy from attaching?
Javier vs. Gonzales, G. R. No. 193150, Jan. 23, 2017
 Would a conviction for illegal recruitment whether simple or committed in large scale
preclude punishment for estafa under Article 315(2)(a) of the RPC?
People vs. Estrada, G.R. No. 225730, Feb. 28, 2018
 Can the accused be prosecuted for the crimes of rape defined under Article 266-A of the
RPC and of child abuse defined and penalized under Section 5(b) of RA 7610?
People vs. Nuyte, G.R. No. 219111, March 12, 2018
 Will the petition for certiorari place Sabio in danger of double jeopardy?
People vs. Sabio, G.R. Nos. 228494-96, March 21, 2018

Section 22
 Is Sec. 20 of the Cybercrime Law a bill of attainder?
Disini vs. Secretary of Justice, G.R. No. 203335, Feb. 18, 2014

(d) Prepare for a short quiz.