Philippine Bar review · Question

Practice question: Facial Challenges and Overbreadth Doctrine

Multiple Choice Medium

Practice question

A claimant argues that acceptance of a facial challenge to one expression-related phrase necessarily requires nullification of an entire lengthy statute without examining the rest. Which response follows Calleja’s approach?
  1. Every permitted facial claim invalidates the entire enactment
  2. The court may never sever a phrase
  3. The permissible scope of review and the provisions actually invalidated must be examined; partial facial relief is not automatic whole-statute invalidation
  4. The claimant may choose the result without analysis
  5. Every unchallenged provision becomes unconstitutional by association

Legal references

  • Calleja v. Executive Secretary, G.R. No. 252578 et al., December 7, 2021, main decision: https://lawphil.net/judjuris/juri2021/dec2021/gr_252578_2021.html

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