| 000 -LEADER |
|---|
| fixed length control field |
02916nam a2200301 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
|---|
| control field |
OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
|---|
| control field |
20190717105034.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
|---|
| fixed length control field |
180423b xxu||||| |||| 00| 0 eng d |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER |
|---|
| International Standard Book Number |
[hardbound] |
| 040 ## - CATALOGING SOURCE |
|---|
| Original cataloging agency |
University of Cebu- Banilad |
| Transcribing agency |
University of Cebu- Banilad |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
|---|
| Personal name |
Colasito, Vernon Craig M. |
| 245 ## - TITLE STATEMENT |
|---|
| Title |
Balancing of interests and the judicial question: |
| Remainder of title |
testing the reasonableness of drunk and drugged driving searches and seizures / |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
|---|
| Place of publication, distribution, etc |
Cebu City : |
| Date of publication, distribution, etc |
2017. |
| Name of publisher, distributor, etc |
University of Cebu, |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
iv, 107 leaves : |
| 336 ## - CONTENT TYPE |
|---|
| Source |
rdacontent |
| Content type term |
text |
| 337 ## - MEDIA TYPE |
|---|
| Source |
rdamedia |
| Media type term |
unmediated |
| 338 ## - CARRIER TYPE |
|---|
| Source |
rdacarrier |
| Carrier type |
volume |
| 501 ## - WITH NOTE |
|---|
| With note |
Thesis (Degree of Juris Doctor) -- University of Cebu- Banilad, 2017. |
| 504 ## - BIBLIOGRAPHY, ETC. NOTE |
|---|
| Bibliography, etc |
Includes bibliographical references (leaves 99-105). |
| 520 ## - SUMMARY, ETC. |
|---|
| Summary, etc |
Summary: Every person has the right against unreasonable search and seizure. However, there are kinds of warrantless searches and seizures that are deemed not unreasonable by jurisprudence. Republic Act 10586, otherwise known as the Anti-drunk and Drugged Driving Law, was passed to curb drunk and drugged driving. It prescribes a warrantless search and seizure. Hence, the purpose of this study is to determine whether or not the search and seizure under the anti-drunk and drugged driving law is reasonable.<br/>The study will use the qualitative method of research using a content and document analysis of different legal provisions, particularly section II of Article III of the 1987 Constitution and various jurisprudence interpreting the same. American jurisprudence will also be studied, being instructive although non seizure and the present tests to determine reasonableness. Next, the researcher will apply the test of reasonableness, i.e.., the balancing of interest test and the judicial question doctrine against the search and seizure under the Anti-drunk and drugged driving law.<br/>In the study, the researcher found that there is no hard and fast rule or ready test for reasonableness however, the Supreme Court laid down the balancing of interest test and the judicial question doctrine. The balancing of interest test applies to statutory searches whereas the judicial question doctrine applies to searches with particularized facts. Applying the balancing of interest test to the search and seizure under the Anti-drunk and Driving law, the law passes the test because a compelling state interest exists, i.e., the need for road safety by curbing drink and drunk driving. However, the law fails under the judicial question doctrine because it prescribes an absurd basis for flagging down and an unduly intrusive procedure. |
| 541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
|---|
| Deans/Chairperson |
|
| Department |
Law |
| Subject Category |
Law |
| 541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
|---|
| Source of acquisition |
Donation |
| Deans/Chairperson |
|
| Department |
Law |
| Subject Category |
Law |
| 546 ## - LANGUAGE NOTE |
|---|
| Language note |
English |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
|
| Type of record |
Thesis |
| 998 ## - LOCAL CONTROL INFORMATION (RLIN) |
|---|
| Encoded by |
mariz[new] |
| Date encoded |
04/23/2018 |
| 998 ## - LOCAL CONTROL INFORMATION (RLIN) |
|---|
| Encoded by |
angel[added] |
| Date encoded |
04/24/2018 |
