CLJ 2 Human Rights Education Midterm Examination

BATAAN HEROES MEMORIAL COLLEGE
Roman Superhighway, Balanga City, Bataan

Criminology Department
(HUMAN RIGHTS EDUCATION)
CAVEAT: Read, analyze, and understand the FACTS, AND QUESTIONS. Applying our
discussion on human rights principles, decide with reasons the given set of facts. Please
answer what is asked for applying your comprehension on our discussions not merely
browsing answers in the internet.   . God bless..
1. The “Boy-Girl, Bakla, Tomboy, Silahis and Transgender Association (BBTSTA), an

organization of gay, bisexual, and transgender persons, filed for accreditation with the
COMELEC to join the forthcoming party-list elections. The COMELEC denied the
application for accreditation on the ground that BBTSTA espouses immorality which
offends religious dogmas. BBTSTA challenges the denial of its application based on
moral grounds because it violates its right to equal protection of the law. Decide on the
contention of BBTSTA with reasons.
Answer: I believe that COMELEC should approve BBTSTA's application since we all
deserve to be treated equally in everything.
And when it comes to governance, it is not about religion. If the COMELEC rejects the
application solely on the basis of gender, there may have been a violation of House Bill
4982 or SOGIE Bills due to the exclusion from service or discrimination.
2. One day, a bus conductor found a woman's handbag left in the bus. When the conductor
opened the bag, he found inside a credit card with the owner's name (Rhea De Guzman)
and address, a few hundred peso bills, and a small plastic bag containing a white powdery
substance. He brought the powdery substance to the National Bureau of Investigation for
laboratory examination and it was determined to be methamphetamine hydrochloride or
shabu, a prohibited drug. Rhea was subsequently traced and found and brought to the
NBI Office where she admitted ownership of the handbag and its contents. In the course
of the interrogation by NBI agents, and without the presence and assistance of counsel,
Rhea was made to sign a receipt for the plastic bag and its shabu contents. Rhea was
charged with illegal possession of prohibited drugs and was convicted. On appeal she
contends that the plastic bag and its contents are inadmissible in evidence being the
product of an illegal search and seizure. Decide the case with reasons.
ANSWER: In Rhea's case it was a search and seizure conducted without a legal search
warrant signed by a judge or magistrate describing the place, person, or things to be
searched or seized or without probable cause to believe that the particular person has
criminal evidence.
The police did not catch or find the illegal drugs from Rhea's body or in her possession or
in the place where she was and there was no search warrant issued or presented before
she signed the receipt. If the warrant is invalid, the search and seizure is illegal. Any
evidence obtained as a result of an unlawful search and seizure may not be used as
evidence in any proceeding.
3. Some police operatives, acting under a lawfully issued warrant for the purpose of searching
for firearms in the House of a certain Paul Capuli located at No. 10 Brgy Puting Buhangin,
Orion, Bataan, found, instead of firearms, ten kilograms of marijuana.
(1) May the said police operatives lawfully seize the marijuana? Explain your answer.
ANSWER: NO, because in their operation the issued warrant is to searched the firearms, but
police officers can “add” items in the receipt, that were actually found during the search . When
a valid search warrant is issued, the searching party can only seize those things that are
particularly described in the search warrant, unless you consent, or the articles are contraband in
plain view. However, if you are arrested, your person and immediate surroundings may be
searched for dangerous weapons and evidence that you committed the crime for which you are
being arrested; any evidence, which may be found on your person or immediate vicinity can be
seized.
(2) Suppose the police officers were able to find unlicensed firearms at a house in an adjacent
lot, that is. No, 12 Brgy Puting Buhangin, Orion, Bataan, which is also owned by Capuli. May
they lawfully seize the said unlicensed firearms? Explain your answer.
ANSWER: YES, because

the valid search warrant is issued the things that are particularly described in the search warrant,
3. In preparation for the upcoming “ALL SOULS’ DAY,” crack officers of the Anti-
Narcotics Unit were assigned on surveillance of the environs of a cemetery where the sale
and use of dangerous drugs are rampant. Magtanong with reddish and glassy eyes was
walking unsteadily moving towards them but veered away when he sensed the presence
of policemen. They approached him, introduced themselves as police officers and asked
him what he had clenched in his hand. As he kept mum, the policemen pried his hand
open and found a sachet of shabu, a dangerous drug. Accordingly charged in court, the
accused objected to the admission in evidence of the dangerous drug because it was the
result of an illegal search and seizure. Rule on the objection.
ANSWER: If probable reason and urgent circumstances are given at the time of the arrest, it may
be possible to make the arrest without a warrant. According to the circumstances and evidence
available at the time of the arrest, probable cause is the basis for the police officer's reasonable
suspicion of the suspect's guilt. For instance, if a police officer has grounds to believe that the
suspect has committed a crime or is about to do so, he or she may be entitled to make an arrest
without a warrant. The police officer may also decide to make an arrest in order to preserve the
evidence or stop the suspect from fleeing. A warrantless arrest, however, might not be legal if the
policeman can't show there were "exigent circumstances" and "probable cause."
4. Nationwide protests have erupted over rising gas prices, including disruptive
demonstrations in many universities, throughout the country. The Metro Manila State
University, a public university, adopted a university-wide circular prohibiting public
mass demonstrations and rallies within the campus. Offended by the circular, militant
students spread word that on the following Friday, all students were to wear black T-
shirts as a symbol of their protest both against high gas prices and the university ban on
demonstrations. The effort was only moderately successful, with around 30% of the
students heeding the call. Nonetheless, university officials were outraged and compelled
the student leaders to explain why they should not be expelled for violating the circular
against demonstrations. The student leaders approached you for legal advice. They
contended that they should not be expelled since they did not violate the circular, their
protest action being neither a demonstration nor a rally since all they did was wear black
T-shirts. What would you advise the students?
ANSWER: I can advise that you have the right to express your opinion, right to speak
PAMBANSA LAW NO. 880
(AN ACT RESERVING THE FREE EXERCISE OF THE PEOPLE OF THEIR RIGHT
PEACEFULLY TO ASSEMBLY AND PETITION THE GOVERNMENT FOR OTHER
PURPOSES)
but this is limited, if you express an opinion or displeasure that offends or disturbs
another person, it is a violation of the law. But if you are not violating, you have the right
to fight for yourself and right.
6. Cite at least three theories on the sources of human rights and explain each based on your
comprehension of each theory?

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BATAAN HEROES MEMORIAL COLLEGE

Roman Superhighway, Balanga City, Bataan

1. The “Boy-Girl, Bakla, Tomboy, Silahis and Transgender Association (BBTSTA), an

ANSWER: YES, because

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