ADNU JD1C - Consti Law II

FOR OUR 7PM CLASS TONIGHT (21 JUNE 2020):

Topic: DIEGO MARPURI's Personal Meeting Room

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FOR OUR 7PM CLASS TONIGHT (20 JUNE 2020):

Topic: ADNU LAW JD1C - Constitutional Law II
Time: Jun 20, 2020 07:00 PM Singapore

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FOR OUR 7PM MEETING TONIGHT:

Topic: ADNU JD1C - Consti Law 2
Time: Jun 18, 2020 07:00 PM Singapore

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Please comment below your email addresses. I will be sending the midterm grades. Keep safe everyone.

FOR OUR 6PM ONLINE CLASS TONIGHT (8 MAY 2020)

Topic: ADNU LAW JD1C - Constitutional Law II
Time: May 8, 2020 06:00 PM Singapore

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Good afternoon. We'll not be having our online class tonight. We'll resume on Friday (8 MAY 2020) .

FOR OUR 6PM CLASS TONIGHT (29 APRIL 2020)

Topic: ADNU LAW JD1C - Constitutional Law II
Time: Apr 29, 2020 06:00 PM Singapore

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INVITATION / LINK FOR OUR 7PM ONLINE CLASS TONIGHT (22 APRIL 2020)

Topic: ADNU JD1C - Constitutional Law II
Time: Apr 22, 2020 07:00 PM Singapore

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NEXT TOPIC: FREEDOM OF EXPRESSION

CASES:

1. New Sounds Broadcasting Network, Inc., v. Dy, G.R. No. 170270, April 2, 2009
2. Soriano v. Laguardia, G.R. No. 164785, April 29, 2009
3. Chavez v. Gonzales, G.R. No. 163883, February 15, 2008
4. The Diocese of Bacolod v. Commission on Elections, G.R. No. 205728, January 21, 2015
5. Bayan v. Ermita, G.R. No. 169838, April 25, 2006
6. Penera v. COMELEC, G.R. No. 181613, November 25, 2009
7. Iglesia ni Cristo v. Court of Appeals, G.R. No. 119673, July 26, 1996
8. Burgos v. Chief of Staff (previously assigned) G.R. No. L-64261, December 26, 1984
9. Fermin v. People of the Philippines, G.R. No.157643, March 28, 2008
10. Tulfo v.People of the Philippines, G.R. No. 161032, September 16, 2008
11. Reyes v. Bagatsing, G.R. No. L-65366, November 9, 1983
12. Bayan v. Ermita, G.R. No. 169838, April 25, 2006
13. Integrated Bar of the Philippines v. Atienza, G.R. No. 175241, February 24, 2010
14. Babst v. National Intelligence Board, G.R. No. 62992, September 28, 1984
15. Fernando v. Court of Appeals, G.R. No. 159751, December 6, 2006
16. United States v. Bustos, G.R. No. L-12592, March 8, 1918
17. Lagunzad v. Sotto vda. De Gonzales, G.R. No. L-32066, August 6, 1979
18. Ayer Production v. Judge Kapulong, G.R. No. 82380, April 29, 1988
19. Villanueva v. Philippine Daily Inquirer, Inc., G.R. No. 164437, May 15, 2009
20. In Re: Macasaet, A.M. No. 07-09-13-SC, August 8, 2008
21. Yuchengco v. the Manila Chronicle Publishing Corp., G.R. No. 184315, November 25, 2009
22.
23. Re: Letter of the UP Faculty entitled Restoring Integrity: A Statement by the Faculty of the University of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentation in the Supreme Court, A.M. No. 10-10-4-SC, June 7, 2011
24. Gonzales v. Katigbak, G.R. No. L-69500, July 22, 1985
25. Pita v. CA (previously assigned) G.R. No. 80806, October 5, 1989
26. Movie and Television and Classification Board v. ABS-CBN, G.R. No. 155282, January 17, 2005

Apologies for the late posting, I had to re-arrange my discussion outline to follow the chronology in the book of J. Cruz.

PS. I will be citing some other cases during my discussion, however, for your reference only. Nonetheless, you are highly encouraged to read them.

FOR OUR 2PM CLASS TODAY (16 APRIL 2020)

Topic: ADNU LAW JD1C - Constitutional Law II
Time: Apr 16, 2020 02:00 PM Singapore

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FOR OUR ONLINE CLASS TONIGHT (14 APRIL 2020)

Topic: ADNU LAW JD1C - Constitutional Law II Online Class
Time: Apr 14, 2020 06:00 PM Singapore

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FOR OUR CLASS TONIGHT (6PM)

DIEGO MARPURI is inviting you to a scheduled Zoom meeting.

Topic: ADNU JD1C Consti Law II - Special Class
Time: Apr 13, 2020 06:00 PM Singapore

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FOR YOUR HOLY WEEK READING (FREEDOM OF RELIGION):

1. Aglipay v. Ruiz, GR # 45459, 3-13-1937
2. Re: Request of Muslim Employees in the Different Courts of Iligan City (Re:Office Hours) S.M. No. 02-2-10-SC, 12-14-2005
3. Imbong v. Ochoa, GR # 204819, 4-8-2014
4. Estrada v. Escritor. A.M. No. P-02-1651, 6-22-2006
5. Diocese of Bacolod v. COMELEC, GR # 205728, 1-21-2015
6. UCCP v. BUCCI, GR # 171905, 1-2-2012
7. Ebralinag v. Division Supt. of Schools, GR # 95770, 3-1-1993 & 12-29-1995 (2 Resolutions)
8. American Bible Society v. City of Manila, GR # L-9637, 4-30-1957
9. Victoriano v. Elizalde Rope Workers Union, G.R. # L-25246, 9-12-1974
10. Ang LADLAD v. COMELEC, GR # 190582, 4-8-2010
11. Soriano v. Laguardia, GR # 164785, 4-29-2009
12. Valmores v. Achacoso, GR # 217453, 7-19-2017

Note:

1. There are two Resolutions on the cases of Estrada v. Escritor and Ebralinag v. Div. Supt. of Schools, read the final resolutions only.

2. The case of Estrada v. Escritor is hereby assigned to Mr. Salva for reporting.

3. Everyone is required to read the cases assigned.

GOOD EVENING. For our class tonight, 30 March 2020, I will be online as early as 6:45 PM.

INVITATION / LINK FOR TOMORROW's ( 30 MARCH 2020) ONLINE CLASS.

Topic: ADNU JD1C - Consti Law II (Monday Meetings)
Time: Mar 30, 2020 07:00 PM Singapore
Every week on Mon, until Jun 8, 2020, 11 occurrence(s)
Mar 30, 2020 07:00 PM
Apr 6, 2020 07:00 PM
Apr 13, 2020 07:00 PM
Apr 20, 2020 07:00 PM
Apr 27, 2020 07:00 PM
May 4, 2020 07:00 PM
May 11, 2020 07:00 PM
May 18, 2020 07:00 PM
May 25, 2020 07:00 PM
Jun 1, 2020 07:00 PM
Jun 8, 2020 07:00 PM
Please download and import the following iCalendar (.ics) files to your calendar system.
Weekly: https://us04web.zoom.us/meeting/uJwuduChrzIvYStaCwzbjqLcqAahn9-pSA/ics?icsToken=98tyKuygrTojE9WctVz9RbMtA6_lbOHIlEh9vqJ-iwXnCTF_YRLXN-pMa_9vI_mB

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us04web.zoom.us BEGIN:VCALENDAR PRODID:-//zoom.us//iCalendar Event//EN VERSION:2.0 CALSCALE:GREGORIAN METHOD:PUBLISH CLASS:PUBLIC BEGIN:VTIMEZONE TZID:Asia/Singapore TZURL:http://tzurl.org/zoneinfo-outlook/Asia/Singapore X-LIC-LOCATION:Asia/Singapore BEGIN:STANDARD TZOFFSETFROM:+0800 TZOFFSETTO:+0800 TZNAME:SGT DTS...

GOOD EVENING.

First, apologies for this late posting. My laptop's charger was severely damaged by my pet dog. For this reason, NO RECITATION next meeting. However, volunteers will be given credits for their efforts.

Second, we will still have online classes tomorrow and the next meetings thereafter via Zoom App, the link/invitation for which will be posted tonight.

Third, since I am doing this via my phone, I am not sure if I can conduct the online classes on time. Please stay tuned for updates as I am thinking of other remedies.

Next Topic: LIBERTY OF ABODE AND TRAVEL

Cases:
1. Caunca v. Salazar, G.R. No. L-2690, January 1, 1949
2. Lorenzo v. Director of Health, G.R. No. 27484, September 1, 1927
3. Villavicencio v. Lukban, G.R. No. 14639, March 25, 1919
4. Manotoc v. CA, G.R. No. L-62100, May 30, 1986
5. Genuino v. de Lima, G.R. No. 197930, April 17, 2018
6. Marcos v. Manglapus, G.R. No. 88211, September 15, 1989 (nota bene: This is the resolution for the MR. Read also the main case)
7. Manila Doctor’s Hospital v. Chua, G.R. No. 150355, July 31, 2006
8. Arroyo v. De Lima, G.R. No. 199034, November 15, 2011
9. Leave Division v. Heusdens, A.M. No. P-11-2927, December 13, 2011
10. Office of the Administrative Services v. Judge Macarine,
A.M. No. MTJ-10-1770, July 18, 2012

Required Readings:
• Article III, Section 6, 1987 Constitution
• Republic Act No. 9439, as amended.

For questions and other concerns, contact me via my email address [email protected] or reach me at cp # 09174454883.

PS.
If anyone of you happens to have any extra laptop charger for sale, or knows someone who does, please let me know. I badly need it. Brand is ASUS. Photos below.

Thanks, and please, KEEP SAFE everyone!

Good evening. The invitation for the online class for tonight via Zoom App was already sent to Mr. Baroy as early as before noon of today. See you later!

ONLINE CLASSES STARTING WEDNESDAY, 18 March 2020
ADNU JD1C - Constitutional Law II Class

Dear Students,

As you all know, the cases of CoViD-19 in the Philippines have risen dramatically in the past few days since the first one was recorded in the country. This number has caused concerns among everyone and it is just safe for us to take the precautionary measures laid down by the authorities as seriously as we can as well. In line with this, here are some changes which I will be adopting in my classes starting March 16, 2020.

First, all scheduled classes will be conducted online via Zoom. Accordingly, everyone is required to install in your respective devices the said application and be familiar with the use of the same as soon as possible. Online courses via YouTube may be accessed to know how the application works. You may also send me your questions through email/text messages ([email protected]/ 09496524114). I will be providing the Meeting ID and Password which you will need to join the online classes to be conducted on the same regular class schedules. Hence, I am expecting that all of you can join me for our first class on Wednesday, 18 March 2020 at 8:30 o'clock in the evening. I will send the Meeting ID through Mr. Baroy or will post the same in our FB Page as soon as possible. Please also be guided by the following:

A. Attendance will be checked and each of you will still be asked to recite.
B. Dressing appropriately is still encouraged.
C. Find a quiet corner where you can listen to and participate in the lecture. Any form of unnecessary interruptions is not allowed.
D. Recording of sessions is not allowed.
E. Do not turn off your device cameras while the session is ongoing. Muting the microphone is allowed if one is not talking.

Second, the scheduled examinations will still push through. However, as to the format of the exam, I am yet to be instructed/informed by the Dean.

I am hoping that we will all be able to utilize all opportunities to still be productive despite the limitations in our way. Please know that I wish all of you and your families well. Take care and see you on my laptop screen tomorrow!

Best,

Atty. M.M. Marpuri

Copy furnished:

Atty. Domnina T. Rances
Dean, College of Law

COVERAGE FOR THE MIDTERMS EXAM WILL BE UP TO PRIVACY OF COMMUNICATIONS AND CORRESPONDENCES (excluding the rule on Habeas Data).

In addition to the cases previously assigned for the topic PRIVACY OF COMMUNICATIONS AND CORRESPONDENCES, here are some additional cases:

1. Gaanan v. IAC, G.R. No. L-69809 October 16, 1986
2. Morfe v. Mutuc, GR No. L-20387, 1-31-1968
3. Sps. Hing v. Choachuy, GR No. 179736, 6-26-2013
4. Vivares v. St. Theresa's College, GR No. 202666, 9-29-2014

Previosly assigned law and cases:

1. Ramirez v. CA, G.R. No. 93833 September 28, 1995
2. Zulueta v. CA, GR No. 107383, 2-20-1996
3. Waterous Drug Corp. v. NLRC, GR No. 113271, 10-16-1997
4. RA 4200

Note:

- The newly assigned cases will not be subject of recitation. They may, however, be included in the midterms exam.

- Considering that classes are indefinitely suspended, should it turn out, due to scarcity of time, that I will not be able to discuss PRIVACY OF COMMUNICATIONS AND CORRESPONDENCES, I will attach in this FB page my personal discussion outline for the said topic. Note, however, that my outline is just a deconstruction of the books of JJ. Cruz & Nachura, with case digests.

- We will still have classes, albeit online (Zoom App). And for this reason, I am compelled to check your attendance as required by the Dean's Office.

SEATWORK 9 MARCH 2020:

Mr. A was charged of having committed the felony of arson before the Office of the City Prosecutor of Naga City. After finding probable cause to indict Mr. A for the offense charged, an Information was theretofore filed with the RTC of Naga City. Mr. A filed a Motion for Judicial Determination of Probable Cause with the RTC, which, the latter granted on the ground that the evidence adduced by the complainant/prosecution does not support a finding of probable cause for the offense charged. The RTC dismissed the case against Mr. A.

The motion for reconsideration filed by the complainant having been denied, the latter elevated the same to the Court of Appeals where the RTC's decision was reversed. The CA ruled that the RTC acted without or in excess of its jurisdiction "in supplanting the public prosecutor's findings of probable cause with his own findings of insufficiency of evidence and lack of probable cause".

Aggrieved, Mr. A elevated the matter to the Supreme Court.

Q1: May the RTC dismiss a Information filed by the prosecutor on the basis of its own independent finding of lack of probable cause?

Q2: What is/are the difference between Preliminary Investigation Proper and Preliminary Inquiry?

Q3: What are the duties of the judge in determining probable cause? Discuss.

Submit your papers to Atty. Carmel Peña @ the 2nd level of Alingal by 9pm.

Good Morning. I will be on an emergency meeting in Legazpi City at 2pm today. So as not to ruin your weekends waiting for my late arrival at our make-up class later, I am compelled to cancel and/or postpone. Please tell your other classmates. Have a great weekend.

SEARCHES AND SEIZURE case assignment:

1. Stonehill v. Diokno, G.R. No. 19550, June 19, 1967
2. Kilosang Mayo Uno v. The Director General, National Economic and Development Authority, G.R. No. 167798, April 19, 2006
3. Pollo v. Constantino-David, G.R. No.181881, October 18, 2011
4. Vivares v. St. Theresa’s College, G.R. No. 202666, September 29, 2014
5. Burgos v. Chief of Staff, G.R. No. 64261, December 26, 1984
6. AAA v. Carbonell, G.R. No. 171465, June 8, 2007
7. NBI-Microsoft Corporation v. Hwang, G.R. No. 147043, June 21, 2005
8. Ho v. People of the Philippines, G.R. No. 106632, October 9, 1997
9. Alib v. Libayen, A.M. No. RTJ-00-1576, June 28, 2001
10. Hao v. People of the Philippines, G.R. No. 183345, September 17, 2014
11. Mendoza v. People of the Philippines, G.R. No. 197293, April 21, 2014
12. 20th Century Fox Film Corporation v. Court of Appeals, G.R. Nos. 76649-51, August 19, 1988
13. Disini v. Executive Secretary, G.R. No. 203335. February 11, 2014
14. Pita v. Court of Appeals, G.R. No. 80806, October 5, 1989
15. Laud v. People of the Philippines, G.R. No. 199032, November 19, 2014
16. Worldwide Web Corporation v. People of the Philippines, G.R. No. 161106, January 13, 2014
17. Beltran v. Gonzales, G.R. No. 175013, June 1, 2007
18. Republic Glass Corporation v. Petron Corporation, G.R. No. 194062, December 8, 2008
19. Anonymous Letter-Complaint against Atty. Miguel Morales, A.M. No. P-08-2519, November 19, 2008
20. Dimal v. People of the Philippines, G.R. No. 216922, April 18, 2018
21. Valeroso v. Court of Appeals, G.R. No. 164815, September 3, 2009
22. Valdez v. People of the Philippines, G.R. No. 170180, November 23, 2007
23. Dabon v. People of the Philippines
G.R. No. 208775. January 22, 2018
24. People of the Philippines v. Pastrana, G.R. No. 196045. February 21, 2018
25. Saluday v. People of the Philippines, G.R. No. 215305. April 3, 2018
26. People of the Philippines v. Cogaed, G.R. No. 200334, July 30, 2014
27. People of the Philippines v. Calantiao, G.R. No. 203984, June 18, 2014
28. People of the Philippines v. Canton, G.R. No. 148825, December 27, 2002
29. People of the Philippines v. Dequina, G.R. No. 177570, January 19, 2011
30. People of the Philippines v. Malmstedt, G.R. No. 91107, June 19, 1991
31. People of the Philippines v. Martinez, G.R. No. 191366, December 13, 2010
32. People of the Philippines v. Doria, G.R. No. 125299, January 22, 1999
33. Villamor v. People of the Philippines, G.R. No. 200396, March 22, 2017
34. Miguel v. People of the Philippines, G.R. No. 227038, July 31, 2017
35. Dacanay v. People of the Philippines, G.R. No. 199018, September 27, 2017
36. Peralta v. People of the Philippines, G.R. No. 221991, August 30, 2017
37. People of the Philippines v. Uyboco, G.R. No. 178039, January 19, 2011
38. Vivo v. Montesa, G.R. No. L-24576, July 29, 1968
39. Salazar v. Achacoso, G.R. No. 81510, March 14, 1990
Social Justice Society v. Dangerous Drugs Board, G.R. No. 157870, November 3, 2008

Next Topic: EQUAL PROTECTION CLAUSE

Case Assignment:
1. Biraogo v. The Philippine Truth Commission of 2010, G.R. No. 192935, December 7, 2010
2. Central Bank Employees Association, Inc., v. Bangko Sentral ng Pilipinas, G.R. No. 148208, December 15, 2004
3. Philippine Judges Association v, Prado, G.R. No. 105371, November 11, 1993
4. Philippine Association of Service Exporters v. Drilon, G.R. No. 81958, June 30, 1988
5. Department of Education v. San Diego, G.R. No. 89572, December 21, 1989
6. Quinto v. Commission on Elections, G.R. No. 189698, February 22, 2010
7. Nicolas v. Romulo, G.R. No. 175888, February 11, 2009
8. Garcia v. Drilon, G.R. No. 179267, June 25, 2013
9. Ormoc Sugar Co., Inc., v. Treasurer of Ormoc City, G.R. No. L-23794, February 17, 1968
10. White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009
11. British American To***co v. Camacho, G.R. No. 163583, August 20, 2008 & April 15, 2009
12. Rama v. Moises, G.R. No. 197146, December 6, 2016
13. Philippine Association of Detective and Protective Agency Operators (PADPAO), Region 7 Chapter, Inc., v. Commission on Elections, G.R. No. 223505, October 3, 2017

TO ADNU-COL JD1C: I think I will not be able to come to class this evening considering that I am still in Legazpi City. However, read the following cases on our next topic:

1. Villegas v, Hiu Chong
86 SCRA 270

2. People v. Leviste
GR # 104386, 3-28-1996

3. Imbong v. Ochoa
GR # 204819, 4-8-2014

4. Rubi v. Provincia Board of Mindoro
GR # L-14078, 3-7-1919

5. Pedro v. Provincial Board of Rizal
53 Phil 123

6. Nuñez v. Averia
GR # L-38415, 6-28-1974

7. Crespo v. Provincial Board of Nueva Ecija
GR # L-33237, 4-15-88

8. Quio v. Quiao
GR # 176556, 7-4-2012

9. Kwol-15972ng Sing v. City of Manila
GR # 15972, 10-11-1920

10. Yu Cong Eng v. Trinidad
GR # L-20479, 2-6-1925

11. Serrano v. Gallant Maritime Services Inc.
GR # 167614, 3-24-2009

12. Javier v. COMELEC
GR # L- 68379-81, 9-22-1986

13. Talavera v. Sandiganbayan
GR # 103501-03, 2-17-1997

14. People v. Herida
GR # 127158, 3-5-2001

15. Province of Camarines Sur v. Hrs. of Agustin Pato
GR # 151084, 7-2-2010

16. Ang Tibay v. CIR
GR # L-46496, 2-27-1940

I will request authority from the Dean's office to conduct special/remedial classes for us to catch up on our discussions.

--Atty. M.M. Marpuri

NEXT TOPIC: TAXATION

Case Assignment:
1. Compañia General de Tabacos de Filipinas v. City of Manila; 11 Phil 383
2. Manila Electric Company v. El Auditor General y La COmision de Servicios Publicos 73 Phil 133
3. Gerochi v. Secretary of Energy GR # 159796, July 17 2007
4. Tan v. Del Rosario, GR # 109289, October 3, 1994
5. Osmeña v. Orbos (previously assigned)