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SPOUSES CARLOS S. ROMUALDEZ AND ERLINDA R.

ROMUALDEZ,
PETITIONERS, VS. COMMISSION ON ELECTIONS AND DENNIS GARAY,
RESPONDENTS.
FACTS:
Dennis Garay filed a case alleging that petitioners made false and untruthful
representations in violation of Section 10[11] of Republic Act Nos. 8189.
The petitioners contended, inter alia that Section 45(j) of the Voters Registration Act was
void for being vague as it did not refer to a definite provision of the law, the violation of
which would constitute an election offense.
For resolution is the Motion for Reconsideration filed by petitioner Spouses Carlos
Romualdez and Erlinda Romualdez on 26 May 2008 from the Decision of this Court
dated 30 April 2008.
ISSUE:
WoN criminal statute may be challenged considering and following the void for
vagueness doctrine.
HELD:
The void-for-vagueness doctrine holds that a law is facially invalid if men of common
intelligence must necessarily guess at its meaning and differ as to its application.
However, this Court has imposed certain limitations by which a criminal statute, as in the
challenged law at bar, may be scrutinized. This Court has declared that facial
invalidation or an on-its-face invalidation of criminal statutes is not appropriate.
Indeed, an on-its-face invalidation of criminal statutes would result in a mass acquittal
of parties whose cases may not have even reached the courts. Such invalidation would
constitute a departure from the usual requirement of actual case and controversy and
permit decisions to be made in a sterile abstract context having no factual
concreteness.The rule established in our jurisdiction is, only statutes on free speech,
religious freedom, and other fundamental rights may be facially challenged. Under
no case may ordinary penal statutes be subjected to a facial challenge.
Note: Im a little bit confused with the reasoning of the case. Just take time to read the
case for your safety. I dont want you to suffer from my confusion but Ill try.
_MARK_

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