Practice question
A penal provision directly restricts protected political advocacy. Government argues that its criminal penalties categorically make facial review unavailable even on speech-overbreadth grounds. Is that position correct under Calleja and Disini?
- Yes, penal statutes can never receive speech-related facial review.
- Yes, only civil laws can affect speech.
- Yes, criminal labels remove every constitutional question.
- No; a penal provision affecting speech may receive the permitted facial scrutiny.
- No; every penal statute is automatically void on its face.
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
- Disini v. Secretary of Justice, G.R. No. 203335 et al., February 11, 2014, main decision, overbreadth and facial review: https://lawphil.net/judjuris/juri2014/feb2014/gr_203335_2014.html
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