Void-for-Vagueness Doctrine Flashcards
1
Q
What is the void-for-vagueness doctrine?
A
The void-for-vagueness doctrine is a concept which means that if a law is incomprehensible to ordinary people such that they do not really know what is required or prohibited, then the law must be struck down.
As explained in Sps. Romualdez v. COMELEC, G.R. No. 167011, April 30, 2008:
“The inquiry into whether a criminal statute is ‘meaningfully precise’ requires the affirmative satisfaction of two criteria.
1) Does the statute fairly give notice to those it seeks to bind of its strictures?
2) Is the statute precise enough that it does not invite arbitrary and discriminatory enforcement by law enforcement authorities?
Unless both criteria are satisfied, the statute is void for vagueness.”
