Philippine Bar review · Question

Practice question: Void-for-Vagueness Doctrine

Multiple Choice Hard Jurisprudence

Practice question

A penal ordinance punishes any act an inspector personally considers unacceptable. It provides no definition, examples, objective criterion or limiting context. A shopkeeper is charged for conduct that ordinary persons could not identify as forbidden from the ordinance, and no settled construction clarifies the prohibition. In the shopkeeper's as-applied challenge, what is the strongest constitutional objection?
  1. The ordinance fails to provide fair notice and leaves enforcement to unguided personal judgment
  2. Only the ordinance's title matters
  3. The inspector's personal certainty cures every defect
  4. The shopkeeper must prove that the ordinance is unpopular
  5. An arrest itself supplies the missing legislative standard

Legal references

  • 1987 Constitution, Article III, Section 1, due process: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • People v. Nazario, G.R. No. L-44143, August 31, 1988, main decision, comprehensible standards and fair construction: https://lawphil.net/judjuris/juri1988/aug1988/gr_l-44143_1988.html
  • Estrada v. Sandiganbayan, G.R. No. 148560, November 19, 2001, main decision, vagueness and statutory context: https://lawphil.net/judjuris/juri2001/nov2001/gr_148560_2001.html

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