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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSL. Generality Principle of Penal Laws (Civil Code, Art. 14)

Question

The given Subject: Effect and Application of Laws

Scenario:

John, a resident of Metro City, was arrested by the police for possession of illegal drugs. As per the provisions of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, possession of illegal drugs is considered a criminal offense. John's case was brought to court for trial.

During the trial, John's defense lawyer argued that the law under which John was charged violates the generality principle of penal laws as stated in Article 14 of the Civil Code. According to the defense, the law is too general and fails to specify the types and quantities of drugs covered, making it unconstitutional and invalid.

Question:

1. Evaluate the argument of John's defense lawyer regarding the generality principle of penal laws. Discuss whether the law on possession of illegal drugs, as provided in Republic Act No. 9165, violates the generality principle of penal laws. Support your answer with relevant legal provisions and jurisprudence, if any.




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