Philippine Bar review · Question

Practice question: Facial Challenges and Overbreadth Doctrine

Multiple Choice Hard

Practice question

A claimant raises two objections to the same statute: one identifies language deterring peaceful speech by absent third parties; the other alleges a separation-of-powers defect without a concrete application. The claimant insists that acceptance of the first facial speech claim automatically permits unrestricted facial adjudication of the second. Under Calleja's majority approach, which is correct?
  1. Both objections must automatically succeed.
  2. Neither can be examined because the statute has penalties.
  3. Every constitutional issue becomes facially justiciable once speech is mentioned.
  4. The speech-related facial inquiry has defined limits and does not automatically authorize facial review of a distinct separation-of-powers claim.
  5. Separation of powers is never enforceable in any actual case.

Legal references

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

Answer this question in flashcards to review your response and continue practicing.