Question

EFFECT AND APPLICATION OF LAWS: Generality Principle of Penal Laws (Civil Code, Art. 14)

Scenario 1:

Prosecutor A filed a criminal case against Defendant B for violating a specific provision of the Revised Penal Code. During the trial, Defendant B argued that the law violated the generality principle of penal laws under Article 14 of the Civil Code. He claimed that the law was vague and did not give fair notice of what conduct was prohibited.

Question 1: Considering Article 14 of the Civil Code, how would you analyze Defendant B's argument and what factors would you consider in determining whether the law violates the generality principle of penal laws?

Scenario 2:

The Philippine Congress enacted a new law imposing a strict liability offense for pollution caused by industrial activities. The law does not require proof of intent or negligence on the part of the offender. Environmental groups argue that this law violates the generality principle of penal laws, as it does not provide exceptions or defenses for situations where pollution occurs due to unavoidable accidents or force majeure.

Question 2: In light of the generality principle of penal laws, analyze the argument of the environmental groups and discuss the factors that must be considered in evaluating the constitutionality of the strict liability offense for pollution.

Scenario 3:

Municipality X passed an ordinance imposing a city-wide curfew for individuals under the age of 18 from 10 pm to 5 am. A group of concerned citizens filed a petition questioning the constitutionality of the curfew ordinance, arguing that it violates the generality principle of penal laws by applying to all minors without considering individual circumstances.

Question 3: Applying the generality principle of penal laws under Article 14 of the Civil Code, analyze the petitioners' argument and discuss the factors that should be considered in determining the constitutionality of the curfew ordinance.