Constitutional Law II

[Dec. 12, 2017 Assignment]

(a) Read:
 Sections 5-7, Article III, 1987 Constitution
 pages 324-386, The 1987 Constitution: A Commentary, by Father Bernas, 2009 ed.
(b) Assigned Cases [due on Dec. 12, 2017]:

Section 5
 Was Abercrombie’s refusal to hire a practicing Muslim, because the headscarf that she
wore pursuant to her religious obligations conflicted with its dress policy --- justified?
EEO Commission vs. Abercrombie, No. 14–86 SCOTUS June 1, 2015
 Can Holt an Arkansas inmate and devout Muslim grow a ½-inch beard in accordance with
his religious beliefs, notwithstanding the penitentiary’s grooming policy?
Holt vs. Hobbs, No. 13–6827 SCOTUS January 20, 2015
 Does the RH Law violate the constitutional right to religious freedom?
Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014
 Does the principle of separation of church and State preclude the State from qualifying the
church “blessing” into a marriage ceremony?
Ronulo vs. People, G.R. No. 182438, July 2, 2014
 What is “compelled religion”? Is it consistent with freedom of belief and non-
establishment of religion?
Perfecto vs. Judge Esidera, A.M. No. RTJ-15-2417, July 22, 2015
 Does the holding of masses at the basement of the Quezon City hall of justice violate of
the non-establishment clause of the Constitution?
Re: Letter of Valenciano, A.M. No. 10-4-19-SC, March 7, 2017

Section 6
 What are the inherent and statutory limitations on the constitutional right to travel?
Leave Division of OCA vs. Heusdens, A.M. No. P-11-2927, Dec. 13, 2011
 Does OCA Circular No. 49-2003 restricts the judges’ constitutional right to travel?
OCA vs. Judge Macarine, A.M. No. MTJ-10-1770, July 18, 2012
 Do the curfew ordinances violate the constitutional right to travel?
SPARK vs. Quezon City, et al., G.R. No. 225442, Aug. 8, 2017

Section 7
 Are court records subject to right to information and disclosure?
 What are considered privileged and beyond the reach of the constitutional right to
information and cannot be the subject of subpoena by the legislative department or by the
impeachment court?
Production of Court Records and Documents for the Impeachment, Feb. 14, 2012
 Can the SALN of justices be accessed via the right to information?
Re: Request for Copy of 2008 SALN, A.M. No. 09-8-6-SC, June 13, 2012
 Whether or not the CTRM may be compelled by mandamus to furnish the petitioner with
a copy of the minutes of the May 23, 2005 meeting based on the constitutional right to
information on matters of public concern and the State’s policy of full public disclosure?
Sereno vs. Committee on Trade and Related Matters, G.R. No. 175210, Feb. 1, 2016
 Does the privileged character of a document cease to exist, once a "definite proposition" is
reached by an agency?
 Can the witnesses presented before the ad hoc arbitral tribunal be prohibited from
disclosing information on the basis of the deliberative process privilege?
DFA vs. BCA International, G.R. No. 210858, June 29, 2016
 The Congress did not violate the right of the public to infon11ation when it did not
convene in joint session?
Padilla vs. Congress, G.R. No. 231671, July 25, 2017

(c) Prepare for a short quiz.