Philippine Bar review · Question

Practice question: Due Process

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Practice question

A statute defines prohibited conduct using a general word followed by concrete acts and objective qualifications. An accused argues that the general word alone makes the statute unconstitutional. State the correct due-process approach without assuming that all penal laws may be facially invalidated.

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution, Article III sections1 and14: due process, fair accusation, hearing and presumption of innocence.
  • https://lawphil.net/judjuris/juri2001/nov2001/gr_148560_2001.html — Estrada v. Sandiganbayan, G.R. 148560, November 19, 2001, main decision: fair notice, objective standards and vagueness; not relied upon for historical death-penalty provisions.

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