People v peralta gr 145176 march 30 2004 7 8

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Unformatted text preview: n that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction. (Estrada v. Sandiganbayan, G.R. No. 148560, Nov. 19, 2001) Q: What is the test in determining whether a criminal statute is void for uncertainty? A: The test is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. It must be stressed, however, that the "vagueness" doctrine merely requires a reasonable degree of certainty for the statute to be upheld ‐ not absolute precision or mathematical exactitude. (Estrada vs. Sandiganbayan, G.R. No. 148560, Nov. 19, 2001) d. EQUAL PROTECTION OF THE LAWS 1. CONCEPT Q: What is the concept of equal protection of the laws? 2. REQUISITES FOR VALID CLASSIFICATION Q: What are the requisites for a valid classification? A: The classification must: 1. Rest on substantial distinctions 2. Be germane to the purpose of the law 3. Not be limited to existing conditions only; 4. Apply equally to all members of the same class. (Gorospe, Constitutional Law: Notes and Readings on the Bill of Rights, Citizenship and Suffrage, Vol. 2., p.334) Q: Does equal protection of the laws apply to both citizens and aliens? A: GR: It applies to all persons, both citizens and aliens. The Constitution places the civil rights of aliens on equal footing with those of the citizens. XPN: Statutes may validly limit to citizens exclusively the enjoyment of rights or privileges connected with public domain, the public works, or the natural resources of the State A: It means that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. It guarantees equality, not identity of rights. It does not forbid discrimination as to persons and things that are different. What it forbids are distinctions based on impermissible criteria unrelated to a proper legislative purpose, or class or discriminatory legislation, which di...
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This document was uploaded on 03/12/2014.

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