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Philippine Bar review · Question

Practice question: Due Process

Multiple Choice Easy

Practice question

Why must a penal law give fair notice of prohibited conduct?
  1. To let officers invent offenses case by case
  2. To allow persons of ordinary intelligence to understand what conduct the law forbids
  3. To guarantee every defendant an acquittal
  4. To require a separate warning before every possible violation
  5. To make legislative purpose irrelevant

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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